[p2p-research] Fwd: defining shareful..

[Michel Bauwens]

---------- Forwarded message ----------
From: mrc <eskerda at hacklaviva.net>
Date: Thu, Jun 17, 2010 at 7:38 PM
Subject: defining shareful..
To: eskerda at hacklaviva.net


apreciating commonts, editcs, ..... pliz im hot naw
missing things at bottom..... fwd it with appropiate disclaimers if u wish.

you may receive another mail related to this, telling the final wiki page
i'd like to keep editing it.

g' day
--------

pre intro:

im thinking of versions like:
-common invitation ultralite
-form for choosig attachments (suply maintenance costs, moveable/ship on
demand, /notify on when passing the thing, coowners: namehere..., ) which
produces different invitation texts.(lite and/or bundled...
?)(creativecommons licenses' form style)
-common invitation ultrabundle

you can see this draft as a lite one, but not ultralite, getting
bundled.........
--------


Preamble

I invite the Public to Co-use this Good under this Invitation to treat's
terms which i consider them an effective proposal for the sharing of
physical goods.

This is just a declared intention of how i'd, ideally, like to share with
the people this Good.

This is a invitation to treat's unilateral contract which will become a
binding agreement between Me and You and enforceable at a conventional
court by the (Co-)Owner(s) when you start co-using the Good. Despite of
this, it's better recommended for Owners to communicate this complaints
communitarily in the first place.

If you find some Owner abusing of the rights granted in this Invitation in
some way, please communicate it communitarily.



Definitions:

This paragraph defines a bit deeper some keywords which will appear
starting with a Capital letter in the Invitation.

   *  Good = A private property that (an) owner(s) invite(s) the Public
to co-use under the terms shown at http://.


   * Owner = The person(s) holding the Good's property rights in the last
instance.

   * Co-owner = Someone(s) who have the 49% of the rights over the Good
and other rights and duties expressed in this Invitation. They are
automatically Arbitrators.

   * Mediator / Me / I = The person(s) entitled to do the Informational
duties of this Invitation towards the Public and towards the Owner when
requested.

   * Co-user = Person(s) who is/are using the Good in a sustainable way
at a present moment. COoperatively, COllaborativelly, COmplianty with this
Invitation.(accidental or onpurpose damages are dealt apart of this, )


   * You / Public / Invitee = Rest of people who is not co-using the Good


   * Passing = When a Co-user transfers the Informational duties to
another Co-user.


   * Arbitrators: See http://en.wikipedia.org/wiki/Arbitrators


   * Reasonable session : The Good's maximum time of use per person per
session

   * Reproduceable way : A way which easily visible to anyone, has
transparent procedures and results allowing others to copy and adapt them.

   * Invitation to treat: see http://en.wikipedia.org/wiki/Invitation_to_
treat

   * Conventional courts = Places where binding agreements are
conventionally enforced to.



*Good Co-usage preference:
#Owner.
#Co-owner(s) (if any).
#Multiple Co-using.
#The one(s) Co-using it at the moment during his/her/their Reasonable
Session.
#The one(s) which resultant production of his/her/their co-use generate(s)
another/more Good(s) of the same type and/or very related and/or accesory,
located the nearest from this Good, (offered under exactly this same
Invitation text or any later one published at http://.) in the most
Reproduceable Way.
#The one(s) which resultant production of his/her/their co-use generate(s)
another/more Good(s) of the same type and/or very related and/or accesory,
located the nearest from this Good, (offered under exactly this same
Invitation text or any later one published at http://.
#The one who has co-used it during less time previously.


Reasonable sessions' management
The time limit of use per person depends on the ammount of people who is
waiting for co-using the limited Good next.
The more Public booked for a session, the less time to assign for
Reasonable Session(s) of Co-use.




*Public's rights:
#Know about this Invitation text specially if they have asked about the
property rights of the Good.
#Be able to know when actual co-user(s) expect(s) to finish his/her session.
#Be able to know about all attachments in the contract including contact
details from people who have asked for co-using the Good in the future.
#Be able to make a reservation for a Reasonable Session of use in the
Good's attachment.
#Be able to Co-use it if complying with the Invitation terms.





Mediator rights and duties

Me, Mediator, being co-using the Good at the present time or not, is/are
the person(s) entitled to do the following:


-Passing the Mediation role to someone else. You may not leave it without
previously trying to pass it to the previous Mediator, to a new Co-user or
to the Owner. It has to be added to the Attachment.


-Ensure that the Good is not abandoned, lost or mislaid.

-Add schedules to the Attachmet


-Collect this information from Pulic interested in Co-using the Good:
#Contact details from You that I considered sufficient. It can include
insurance covering accidental and/on purpose damages arising from a
negligent use of the Good.
#Explanations about why and/or what purpose you want to co-use the Good for.
#Acceptance of Your promisory full compliance with the terms expressed in
this Invitation.

And acceptance from you about that I have
#Assured You that I have the enough & legimitate property rights of this
Good for doing what i am doing.
#Informed You, as a reasonable person will, about the product liability
and supplied You, You paying the costs, with available further source
information about the Good You might have asked me for.
#Communicated You clearly this Invitation and its Attachment if containing
any.



And at anytime, if the Owner declared that the Good is movable, assure Me
that he/she/they will:
#Tell Me where & how is the Good.
#Assist the Owner or Co-owner(s) in having it back in a reasonable time if
he/she/they estated that.



The requirement to do the Informational duties does not include a
requirement to continue to provide support service, warranty, or updates
for a work that has been started to co-use by the invitee.



*Attachment
It should be communicated by the Mediator to the interested Public at cost
on request.



It can also contain


*Schedule of bookings
...



*Other participants
#Co-owners are:
##''back at domain.org''
##Local common's members
##''...''
#Arbitrators are:
##''resolve at domain.org''
##''...''






*Non Waived Small & Temporary Restrictions
Added by owner(s) or co-owners, and Passed on by Mediators.



-Maintenance
#Give before use the same or equivalent quantity of estimated value which
is bound to be taken out from the Good due to a Co-use. (I might also
require you to have some kind of insurance grant).
##Informed You about an estimated Good's consumption rate iff i'm asking
for a sustainable co-use compensation.




-Notify me, platformXXX, ... when Passing the Good.
                            *(checkbox)Ship on demand at: placehere



Additional non-permisive terms may be stated in the form of a separately
written contract.




Provisions
Communication of addendums


New Mediator(s)



New Restriction(s)
...



New Arbitrator(s)
specify if they will have legal binding or not



New Co-owner(s)




New small & temporary restrictions



New addendums


New versions of this Invitation.
Any changes made to this Invitation text will be dated at the footer part
of http://, or any other later url provided at http://, along with a link
for seeing latest versions content, differences and modification dates.


This text is on the public domain so you are welcomed to changing it for
suiting your needs at anytime. However, if you do so, you should refrain
from refering to urls from the PPP.org website in your Fork.



This contract is based on different jurisdictional laws than internet
ones, so if some part conflicts with an existent or new law, that part
should not have been take into consideration in the first place.




* Termination of rights

You may not use a Good except as expressly provided with this Invitation.
Any attempt otherwise to use it is void, and will automatically terminate
your rights under this Invitation.




















FAQs
choose a different text for moveable goods or include conditions&options
in a main common one.
If diferenced i guess mediator role can be merged
into the co-user one at the nonmoveable goods invitation.



co-owning can be removed and less roles and less options=more usable, buut
less options for owners in this text=less sophisticated.

i believe Coowning is not making it restrictive.. .



No need of saying about the no-money or royalty-free cos strict preference
use


No need to specify Interaction with other goods?
ex: Other goods contained inside or mixed with a Good are not
automatically ppp but the informational duties and terms of this
Invitation remain fully operational. Redundant?


No need of giving optional but retrictive rights to owners for ex 'just
for vegans' under this invitation, they should write another contract and
add it to he Good;s package. ..?


if Mediation is transferred to the invitee in perpetuity or for a fixed term
 (regardless of how the transaction is characterized)


No asking about property origin, suply available sources at cost


adapting the agpl for this purpose it's a challnge ...














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