Licensing and Enforcement Strategy | NTARI Policy P2-004

1. PURPOSE AND SCOPE

This policy establishes the Network Theory Applied Research Institute's (NTARI's) licensing framework, contributor requirements, and enforcement strategy for all software, documentation, and technical infrastructure developed under NTARI's direction.

Core Principle: NTARI protects the digital commons through reciprocal licensing while maintaining enforcement capability to prevent re-privatization of community-developed infrastructure.

2. LICENSING FRAMEWORK

2.1 Default License

All NTARI software projects are released under GNU Affero General Public License version 3.0 (AGPL-3) unless explicitly documented otherwise by Board resolution.

Rationale: AGPL-3's network copyleft provision prevents the "SaaS loophole" where corporate actors could use GPL-licensed code in proprietary network services without source disclosure.

2.2 License Selection Criteria

Projects may use alternative licensing only when:

• AGPL-3 creates insurmountable interoperability barriers with essential third-party systems

• Alternative licensing serves NTARI's mission more effectively (requires Board approval)

• Documentation clearly explains mission alignment

2.3 Documentation and Content Licensing

• Technical documentation: Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA 4.0)

• Educational content: Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA 4.0)

• Policy documents: Creative Commons Attribution 4.0 (CC BY 4.0)

3. COPYRIGHT OWNERSHIP STRUCTURE

3.1 NTARI as Copyright Trustee

NTARI operates as trustee of the commons, holding unified copyright to enable effective enforcement while maintaining irrevocable public benefit commitments.

Contributors assign copyright to NTARI as a 501(c)(3) nonprofit public benefit organization, not to any individual or for-profit entity.

3.2 Contributor License Agreement (CLA) Requirement

All contributors must execute NTARI's CLA before contributions can be accepted. The CLA:

• Assigns copyright to NTARI

• Grants NTARI enforcement authority

• Binds NTARI to perpetual public benefit covenants

• Ensures contributions remain in the commons

3.3 Public Benefit Covenant (Irrevocable)

NTARI's Articles of Incorporation and Bylaws contain irrevocable commitments that state:

1. No re-licensing to proprietary terms: All NTARI code remains AGPL-3 or more permissive copyleft license in perpetuity

2. No dual-licensing for profit: NTARI cannot sell proprietary versions or exceptions to AGPL-3 terms

3. Dissolution provisions: If NTARI dissolves, all copyrights transfer to Software Freedom Conservancy or similar nonprofit copyleft defender, or revert to contributors if no suitable successor exists

4. Mission lock: Copyright can only be used to advance cooperative infrastructure and prevent extraction

3.4 Contributor Governance Rights

Contributors earn governance participation based on contribution level:

Contribution Level	Rights
Any accepted contribution	Listed in CONTRIBUTORS file, public recognition
100+ substantive lines of code	Eligible for Community Advisory Board
1,000+ substantive lines of code	Voting member of Community Advisory Board
Project maintainer role	Quarterly briefings on enforcement actions

Community Advisory Board provides non-binding input on major enforcement decisions and strategic direction.

4. ENFORCEMENT STRATEGY

4.1 Strategic Philosophy

Cooperative Conversion Over Punishment

NTARI's enforcement goal is expanding cooperative infrastructure, not punishing violators. Enforcement actions prioritize:

1. Converting violators into cooperative participants

2. Bringing extracted value back into the commons

3. Demonstrating that extraction carries costs

4. Setting precedent that protects other cooperative projects

4.2 Four-Phase Enforcement Framework

Phase 1: Detection and Monitoring

Objective: Identify potential AGPL-3 violations with minimal resource expenditure

Methods:

• Community reporting channels (violations@ntari.org)

• Automated scanning of commercial platforms offering relevant services

• Periodic review of companies operating in NTARI's technical domains

• Partnership with enforcement organizations for shared intelligence

Documentation Requirements:

• All potential violations logged in internal tracking system

• Evidence preservation (screenshots, terms of service, technical documentation)

• Initial assessment of violation scope and violator resources

Timeline: Ongoing

Phase 2: Investigation and Documentation

Objective: Build comprehensive evidence of violation and assess strategic value

Process:

1. Technical verification of code usage

2. Documentation of derivative work relationship

3. Assessment of value built on NTARI infrastructure

4. Evaluation of violator's resources and cooperative potential

5. Consultation with enforcement partners (Software Freedom Conservancy, legal counsel)

Strategic Questions:

• How deeply is violator dependent on NTARI code?

• What would compliance cost them (rebuild vs. open source)?

• Would they make valuable cooperative members?

• Is this violation worth NTARI's limited enforcement resources?

Documentation Requirements:

• Complete evidence package

• Technical analysis of code relationship

• Strategic assessment memo

• Recommendation for Phase 3 approach

Timeline: 30-90 days from discovery

Legal Safeguards:

• All violations pursued within statute of limitations (3 years from discovery)

• No deliberate delay that could constitute laches

• Documentation of resource constraints explaining any enforcement delays

Phase 3: Cooperative Conversion Offer

Objective: Convert violator into cooperative participant or achieve compliance

Initial Contact: Private communication from NTARI Executive Director (or enforcement partner) outlining:

1. Evidence of AGPL-3 violation

2. NTARI's mission and cooperative infrastructure model

3. Three resolution pathways (detailed below)

4. 30-day response timeline

Resolution Pathways:

Option A: Full AGPL-3 Compliance

• Release all derivative works under AGPL-3

• Provide source code access to all users

• Public acknowledgment of NTARI infrastructure

• No financial penalty if done within compliance timeline

Option B: Complete Replacement

• Remove all NTARI code from products/services

• Rebuild functionality without NTARI infrastructure

• Demonstrate complete removal

• No financial penalty if done within compliance timeline

Option C: Cooperative Membership (PREFERRED)

• Join NTARI's cooperative network as organizational member

• Pay membership dues scaled to organization size

• Contribute resources to NTARI (financial, development time, infrastructure)

• Operate within cooperative framework while continuing to use NTARI infrastructure

• Option to remain proprietary in non-NTARI components

• Becomes cooperative stakeholder with governance rights

Negotiation Period: 30-90 days

Transparency: Community Advisory Board informed of major enforcement actions (protecting only legitimate trade secrets)

Phase 4: Escalation and Litigation

Objective: Achieve compliance through legal pressure when cooperation fails

Triggers:

• Violator refuses all resolution pathways

• Violator negotiates in bad faith

• Violator continues violation during negotiation period

• Strategic value warrants public enforcement action

Process:

1. Final demand letter from legal counsel

2. Public disclosure of violation (unless settlement reached)

3. Copyright infringement lawsuit in appropriate jurisdiction

4. Pursue maximum statutory damages and injunctive relief

Partnership: Litigation conducted with Software Freedom Conservancy or similar enforcement partner when possible

Remedies Sought:

• Injunction requiring source disclosure or code removal

• Statutory damages ($150,000 per work for willful infringement)

• Attorney's fees and costs

• Public acknowledgment of violation

• Alternative: Settlement requiring cooperative membership and contribution

Public Communication:

• Enforcement actions communicated to community

• Case outcomes published for precedent-setting value

• Transparency builds deterrent effect

5. ENFORCEMENT PARTNERSHIPS

5.1 Strategic Partnerships

NTARI seeks formal relationships with organizations providing enforcement infrastructure:

Primary Partners (to be established):

• Software Freedom Conservancy

• Free Software Foundation

• Electronic Frontier Foundation (for policy support)

• Legal counsel specializing in copyleft enforcement

Partnership Objectives:

• Access to legal expertise and litigation resources

• Shared violation intelligence

• Precedent coordination (NTARI cases support broader copyleft movement)

• Resource pooling for expensive enforcement actions

5.2 Information Sharing

NTARI participates in cooperative enforcement intelligence sharing while respecting confidentiality during active negotiations.

6. RESOURCE ALLOCATION

6.1 Enforcement Budget

NTARI allocates resources to enforcement as follows:

Annual Priorities:

• Maintain partnerships with enforcement organizations

• Community monitoring systems (violations@ntari.org)

• Legal counsel retainer for enforcement guidance

• Reserve fund for litigation (target: $50,000 minimum)

Decision Framework: Not every violation warrants enforcement. Resource allocation considers:

• Strategic precedent value

• Scale of violation

• Cooperative conversion potential

• Available partnership resources

• Community impact

6.2 Community Enforcement Support

Community members who identify violations receive:

• Public recognition in enforcement disclosures

• Direct updates on case progress

• Invitation to relevant Advisory Board discussions

7. CONTRIBUTOR LICENSE AGREEMENT (CLA)

7.1 CLA Template

NETWORK THEORY APPLIED RESEARCH INSTITUTECONTRIBUTOR LICENSE AGREEMENTThis Contributor License Agreement ("Agreement") is entered into between the Network Theory Applied Research Institute ("NTARI") and the contributor identified below ("You").1. DEFINITIONS"Contribution" means any original work of authorship, including software, documentation, or other materials, that You submit to NTARI for inclusion in any NTARI project."Submit" means any form of electronic, verbal, or written communication sent to NTARI or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems.2. COPYRIGHT ASSIGNMENTYou hereby assign to NTARI all worldwide copyright in Your Contributions. This assignment includes all rights under copyright, including the right to sublicense and enforce the copyright.3. PATENT LICENSEYou hereby grant to NTARI a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer Your Contributions.4. REPRESENTATIONS AND WARRANTIESYou represent that:a) You are legally entitled to assign the copyright in Your Contributions.b) Your Contributions are Your original creation and do not violate any third party's intellectual property rights.c) If Your employer has rights to intellectual property You create, You have received permission to make Contributions on behalf of that employer, or Your employer has waived such rights for Your Contributions to NTARI.5. NTARI'S PUBLIC BENEFIT COMMITMENTS TO YOUYou acknowledge that NTARI is a 501(c)(3) nonprofit organization with irrevocable public benefit commitments in its Articles of Incorporation and Bylaws, specifically:a) All NTARI code remains licensed under AGPL-3 or more permissive copyleft license in perpetuity.b) NTARI cannot re-license Your Contributions to proprietary terms or engage in dual-licensing for profit.c) If NTARI dissolves, copyright in Your Contributions transfers to Software Freedom Conservancy or similar nonprofit copyleft defender, or reverts to You if no suitable successor exists.d) Copyright may only be used to advance cooperative infrastructure and prevent extraction, consistent with NTARI's charitable mission.6. GOVERNANCE RIGHTSBased on the substantive code contributions You make, You may earn governance participation rights as defined in NTARI Policy P2-004, including potential Community Advisory Board membership.7. NO OBLIGATION TO USEYou acknowledge that NTARI has no obligation to accept or use Your Contributions.8. ENTIRE AGREEMENTThis Agreement constitutes the entire agreement between You and NTARI concerning Your Contributions.━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━CONTRIBUTOR INFORMATION:Full Legal Name: _________________________________________________Email Address: ___________________________________________________Mailing Address: _________________________________________________                 _________________________________________________GitHub/GitLab Username (if applicable): __________________________Employer (if contributions are work-related): ____________________SIGNATURE:Signature: _______________________________________________________Date: ____________________________________________________________FOR EMPLOYER (if applicable):I confirm that [Contributor Name] is authorized to assign copyright in their contributions to NTARI, and [Employer Name] waives any rights to intellectual property created in these contributions.Employer Name: ___________________________________________________Authorized Representative: ________________________________________Title: ___________________________________________________________Signature: _______________________________________________________Date: ____________________________________________________________

7.2 CLA Process

Submission:

• Electronic signature via DocuSign or similar platform

• Physical signature mailed to NTARI office

• Stored in secure contributor database

Timing:

• CLA must be executed before any contribution can be merged

• One-time requirement (covers all future contributions)

• Employer authorization required if contributing as part of employment

Verification:

• Automated checks prevent merging contributions from non-CLA contributors

• Public contributor list maintained showing CLA status

8. EXCEPTIONAL CIRCUMSTANCES

8.1 Emergency Defensive Measures

If NTARI faces imminent harm from violations (e.g., critical infrastructure being privatized), Executive Director may take immediate enforcement action before completing full Phase 2 investigation, with subsequent Board notification.

8.2 Strategic Non-Enforcement

NTARI may choose not to enforce against violations when:

• Violator is nonprofit organization advancing similar mission

• Educational use genuinely advances software freedom

• Enforcement would harm vulnerable communities

• Resources better spent elsewhere

All non-enforcement decisions must be documented with rationale.

9. TRANSPARENCY AND ACCOUNTABILITY

9.1 Public Reporting

NTARI publishes annual enforcement report including:

• Number of violations detected

• Resolution pathway outcomes

• Litigation status

• Cooperative conversions achieved

• Resources expended on enforcement

9.2 Community Oversight

Community Advisory Board reviews enforcement strategy quarterly and provides recommendations to Board of Directors.

9.3 Policy Review

This policy is reviewed annually by Board of Directors, with input from Community Advisory Board and enforcement partners.

10. IMPLEMENTATION TIMELINE

Immediate (Month 1):

• Adopt this policy via Board resolution

• Implement CLA requirement on all repositories

• Establish violations@ntari.org monitoring

Short-term (Months 2-6):

• Outreach to Software Freedom Conservancy for partnership

• Legal counsel retention for enforcement guidance

• CLA database and tracking system

Medium-term (Months 7-12):

• First Community Advisory Board elections

• Enforcement reserve fund establishment

• Automated violation scanning systems

Ongoing:

• Quarterly enforcement reviews

• Annual public reporting

• Continuous community engagement

APPENDIX A: COMMUNICATIONS TEMPLATES

Template A: Violation Discovery Acknowledgment

Dear [Reporter],Thank you for reporting a potential AGPL-3 violation involving NTARI code.We have received your report regarding [Company/Service Name] and have assigned it case number [NUMBER] for tracking.Our investigation process typically takes 30-90 days to:- Verify the violation- Document the scope- Assess strategic approachYou will receive updates at key milestones. Your contribution to protecting the commons is deeply appreciated.In solidarity,NTARI Enforcement Team

Template B: Initial Contact with Violator

Subject: NTARI Code Usage Discussion - [Project Name]Dear [Recipient],The Network Theory Applied Research Institute (NTARI) develops open-source cooperative infrastructure under the GNU Affero General Public License version 3.0 (AGPL-3).Our technical review indicates that [Your Product/Service] incorporates code from NTARI's [Project Name], creating a derivative work under copyright law.NTARI's mission is expanding cooperative infrastructure as an alternative to extractive platforms. We're reaching out to discuss how [Company Name]'s use of our infrastructure can align with AGPL-3 requirements.We see three potential paths forward:1. Full AGPL-3 compliance for derivative works2. Complete replacement of NTARI code3. Cooperative membership in NTARI's network (our preferred outcome)We'd welcome a conversation about which approach serves both organizations' interests. I'm available [times] for a call to discuss.Best regards,[Name]Executive Director, NTARI

Template C: Cooperative Conversion Success

NTARI is pleased to announce that [Company Name] has joined our cooperative network as an organizational member.[Company Name] was using NTARI's [Project Name] in their [Product/Service]. Rather than pursue compliance through adversarial means, we worked together to bring them into our cooperative infrastructure model.As a cooperative member, [Company Name] contributes [resources/development time/funding] to NTARI while benefiting from our shared infrastructure. This conversion demonstrates that cooperative economics can work even with established commercial entities.We welcome [Company Name] to the commons.

Document Control:

• Version: 1.0

• Approved by: Board of Directors

• Next Review Date: [One year from adoption]

• Maintained by: Executive Director

• Questions: info@ntari.org

END POLICY P2-004