Creative Commons Attribution-NonCommercial 3.0 Thailand

minor Rubric 1 dct:source applied

The record carried cc:legalcode but no dct:source. The legal-code page states the canonical URL of the licence, https://creativecommons.org/licenses/by-nc/3.0/th/, and the six 4.0 International parents carry exactly that pair, legal code plus deed. Added.

minor Rubric 1 spdx:licenseId none

SPDX has no identifier for this port. The legal-code URL implies CC-BY-NC-3.0-TH, which the SPDX licence list does not define, so no spdx:licenseId was invented. Of the forty two records of this review group only the Attribution 3.0 Netherlands record can take one.

minor Rubric 2 odrl:target proposed

The record targets dalicc:CreativeWork only, while the 4.0 International parent CC-BY-NC-4.0 targets dalicc:CreativeWork and dcmitype:Dataset. The Thai port has no database language at all: neither the definitions nor the grant nor the restrictions mention a database or a sui generis right. The four European Union ports of this review group, Italy, the Netherlands, Ireland and Croatia, were corrected because their texts license database rights in terms; this one was not, and aligning it with the parent is part of the single library wide decision on the asset types of the Creative Commons family.

info Rubric 3 odrl:permission none

Every modelled permission is supported by the grant. Clause 3 grants the licensee the right to use the work worldwide, without royalties and non-exclusively, for the term of copyright protection: 3.1 to reproduce the work and include it in one or more collections, 3.2 to create and reproduce adaptations provided the adaptation is clearly marked as changed, 3.3 to distribute and communicate the work to the public, and 3.4 to distribute and communicate adaptations to the public. The record models that as odrl:reproduce, odrl:distribute, odrl:display, odrl:present, odrl:derive, odrl:modify, cc:DerivativeWorks and dalicc:ModifiedWorks. The rights may be exercised in all media and formats now known or later devised.

minor Rubric 3 odrl:permission proposed

The record permits dalicc:chargeDistributionFee while prohibiting cc:CommercialUse. The vocabulary defines dalicc:chargeDistributionFee as a fee covering the act of providing the work to a third party, so a pure cost recovery fee is arguable under the commercial advantage test of this port, but the statement sits uneasily next to the prohibition. The same statement is in the 4.0 International parent CC-BY-NC-4.0 and in every NonCommercial record of the library, so removing it is one library wide decision about the NonCommercial family.

info Rubric 4 odrl:prohibition none

dalicc:ChangeLicense is prohibited, which the licence supports: the licensee may offer the work only under the terms of this licence and may not offer or impose terms that alter or restrict it or the recipient ability to exercise the rights granted. dalicc:promote is prohibited, which rests on the reservation of all rights not expressly granted and on the endorsement bar in the attribution clause rather than on a trademark clause of the licence body. cc:CommercialUse is prohibited, which is the NonCommercial element of this set and is stated in the restrictions section.

info Rubric 5 odrl:duty none

The attribution and notice duties are present and supported: the licence requires a copy of, or the URI for, the licence with every copy distributed or communicated to the public, that all notices referring to the licence and to the disclaimer be kept intact, and that credit be given. The attribution clause owes credit to the original creator, the licensor and the persons who took part in creating the work, and it also carries the bar on implying a connection, sponsorship or endorsement. The duties hang on odrl:distribute, odrl:modify and odrl:derive, which matches the licence, since they are triggered by making the work public rather than by private use.

info Rubric 6 dalicc:WarrantyDisclaimer none

dalicc:WarrantyDisclaimer and dalicc:LiabilityLimitation are quoted from the Thai text of this port and not from the English unported version, and each field holds its own clause rather than a copy of the other. Clause 5, representations, warranties and disclaimer of liability, and clause 6, limitation of liability, are both present and each field holds its own clause verbatim in Thai. Note that the Thai limitation, unlike the Italian one, ends at the list of damages and adds no carve-out for intent or gross negligence.

info Rubric 6 dalicc:additionalClauses none

The record has no dalicc:additionalClauses, so the clauses the ODRL policy cannot carry, the reservation of unnamed rights, the downstream offer to every recipient, the severability and entire agreement paragraphs, the termination rule and the royalty collection arrangements, are not visible in the record at all. The whole Creative Commons family is modelled this way.

info Rubric 7 cc:jurisdiction none

cc:jurisdiction is bpicounty:Thailand, which matches the country of the legal-code URL https://creativecommons.org/licenses/by-nc/3.0/th/legalcode, and dalicc:validityType is dalicc:perpetual, which matches a grant made for the duration of the applicable rights. The Thai port has no choice-of-law clause. Clause 8 holds the downstream offer, severability, the written-waiver rule and the entire agreement paragraph. Note that the jurisdiction field records the legal home of the port, not a territorial limit on the grant: the grant itself runs worldwide.

gap Rubric 8 odrl:prohibition none

The licence forbids technological protection measures and the vocabulary has no term for it: clause 4.1 forbids the licensee, when distributing or communicating the work to the public, to apply any technological measure that restricts the ability of a recipient to exercise the rights granted by the licence. Proposed term: dalicc:applyTechnicalProtectionMeasures, an odrl:Action to be used as an odrl:Prohibition. Not modelled, because bending an existing term would be worse than the gap.

gap Rubric 8 record none

The automatic termination of the licence on breach, and the survival of the definitions, the disclaimer, the limitation of liability and the miscellaneous sections, have no vocabulary term. Proposed term: dalicc:terminationOnBreach. The offer of a direct licence from the licensor to every recipient of the work has none either. Proposed term: dalicc:downstreamOffer.

gap Rubric 8 record none

Moral rights are not expressible with the present vocabulary. Clause 4.6 is the fullest moral-rights clause of the review group: unless agreed otherwise in writing, the author keeps the right to claim authorship and to object to any distortion, mutilation, adaptation or other act in relation to the work that is derogatory and would harm the honour or reputation of the author, to the extent that the law recognises those rights and does not take them away. It restricts the licensee. Proposed terms: dalicc:moralRightsRestriction for a clause that binds the licensee and dalicc:moralRightsNonAssertion for one in which the licensor undertakes not to assert.

gap Rubric 8 record none

The royalty collection arrangements are not expressible either. Clause 4.5 reserves to the licensor the right to collect royalties and damages for any exercise of the licensed rights for a purpose other than the permitted non-commercial one, unless that right has been waived, and reserves the same right where the licensor is a member of a royalty collection organisation that administers a voluntary licensing scheme. Proposed term: dalicc:royaltyCollectionReserved, with a companion for the waived case. The clause differs between the element sets of one and the same port, which is exactly what the model cannot show.

info Rubric 9 record none

The consistency check with the forty one axioms of licensedata/dependencygraph/dg_default.ttl reports no conflict, before and after the corrections, and the pre-review baseline listed none for this record either.

info Rubric 10 record none

Port of Creative Commons Attribution-NonCommercial 4.0 International. The deontic model of this record is identical to the parent CC-BY-NC-4.0, statement for statement: the same permissions with the same duties, the same prohibitions and the same set level duties. What differs is the jurisdiction, the language of the legal text, the clause texts quoted from it, and the version specific clauses of 3.0 that the model does not carry, chiefly the express prohibition of sublicensing, the technological measures clause, the moral rights clause and the royalty collection arrangements. The odrl:target still differs from the parent, which is the open proposal recorded above. The compatibility checker cannot tell this record from the other records of the BY-NC element set, across all three versions and every jurisdiction the library holds.

major Rubric 7 dalicc:terminatesOnBreach applied

The termination clause of this port reads: "เมื่อท่านทำผิดข้อตกลงใด ๆ ที่กำหนดไว้ในสัญญาอนุญาตนี้ ให้การอนุญาตและสิทธิของท่านที่ได้รับตามสัญญาอนุญาตนี้ สิ้นสุดลงโดยพลัน" The licence ends automatically on a breach and this version of the text has no reinstatement clause, so dalicc:terminatesOnBreach is true and no dalicc:curePeriod is written, as on the unported record of the same version.

settled odrl:prohibition

The licence forbids sublicensing and the record does not say so: clause 4.1 states that the licensee may not sublicense the rights in the work to anyone else. The vocabulary already has dalicc:sublicense, but no record in the library uses it and its skos:note says so, and the same sentence stands in every Creative Commons 2.0 and 3.0 record, so adding it to this review group alone would split the compatibility behaviour of one family. Proposed as one library wide correction, together with an update of the vocabulary note. Not applied for that reason.