Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Philippines

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-nd/3.0/ph/, and the six 4.0 International parents carry exactly that pair (legal code plus deed). Added.

info Rubric 1 spdx:licenseId none

SPDX has no identifier for this port. The legal-code URL implies CC-BY-NC-ND-3.0-PH, which the SPDX licence list does not define: of the ported 3.0 licences SPDX knows only the Austrian, Australian, German, Dutch, United States and IGO ones. No identifier was invented, and none of the forty two records in this review group carries one.

minor Rubric 1 dct:title none

The record is titled "Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Philippines", while Creative Commons calls the 3.0 element set NoDerivs and only renamed it NoDerivatives in 4.0. The library titles all ninety seven of its NoDerivatives records the same way and dct:alternative carries the port abbreviations, so this is a library wide naming convention rather than a defect of this record; noted, not changed.

minor Rubric 2 odrl:target proposed

The record targets dalicc:CreativeWork only, while the 4.0 International parent CC-BY-NC-ND-4.0 targets dalicc:CreativeWork and dcmitype:Dataset. This port has no sui generis database rights clause: unlike the French and Polish ports in this review group it neither grants extraction and re-utilisation nor waives the database producer right, so the case for dcmitype:Dataset rests only on the media neutrality of the grant, which runs to all media and formats now known or later devised. Aligning the ports with the parents is a single library wide decision covering every Creative Commons port, so it is left as a proposal.

info Rubric 3 odrl:permission none

The grant supports the modelled permissions. "the licensor hereby grants you a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the work as stated below" (section 3). The record models the grant as odrl:reproduce, odrl:distribute, odrl:display, odrl:present, and the record adds dalicc:ModifiedWorks, which is the subject of the finding below.

major Rubric 3 odrl:permission proposed

The record permits odrl:modify and dalicc:ModifiedWorks while prohibiting odrl:derive. The grant of this element set contains no adaptation right at all: it lists only reproduction, incorporation into collections and the distribution and public performance of the work. dalicc:ModifiedWorks is defined in the vocabulary as distributing a modified version of the work and making it available to the public, which this licence does not allow, and the duties hanging on odrl:modify hang on an act the licence does not grant. The same modelling sits in the 4.0 International parent CC-BY-NC-ND-4.0 and in all ninety seven NoDerivatives records of the library, and the reviewer of the 4.0 family raised it there, so the change belongs in one sweep over the whole element set. Not applied here.

minor Rubric 3 odrl:permission proposed

The record permits dalicc:chargeDistributionFee while prohibiting cc:CommercialUse. The NonCommercial restriction of this port forbids exercising the granted rights in a way primarily intended for or directed toward commercial advantage or private monetary compensation, and the vocabulary defines dalicc:chargeDistributionFee narrowly, as a fee covering the act of providing the work to a third party, so a pure cost recovery fee is arguable but the statement sits uneasily next to the prohibition. The same statement is in the 4.0 International parent CC-BY-NC-ND-4.0 and in all one hundred and forty five NonCommercial records of the library, so removing it is one library wide decision, not a defect of this port.

info Rubric 4 odrl:prohibition none

dalicc:ChangeLicense is prohibited, which the licence supports: the work may be distributed or publicly performed only under the terms of this licence and the licensee may not offer or impose terms that restrict it. dalicc:promote is prohibited, which in a 3.0 port rests on an express sentence of the attribution clause: the licensee may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the original author, the licensor or the attribution parties without their separate prior written permission. That is firmer support than the 2.0 ports have, where the same prohibition rested on the reservation of unnamed rights and on the trademark paragraph of the Creative Commons notice.

info Rubric 4 odrl:prohibition none

cc:CommercialUse is prohibited, which the NonCommercial restriction of this port supports: the licensee may not exercise the granted rights in a way primarily intended for or directed toward commercial advantage or private monetary compensation, and the exchange of the work for other copyrighted works by digital file sharing is not treated as such a use as long as no monetary compensation changes hands.

info Rubric 4 odrl:prohibition none

odrl:derive is prohibited, which the grant supports by omission: this element set grants no right to create or reproduce adaptations, and the share-alike and adaptation paragraphs of the restrictions are absent from its text.

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 publicly performed, that all notices referring to the licence and to the warranty disclaimer be kept intact, and that credit be given with the name of the author or pseudonym, the title of the work, the URI the licensor associates with it. In this port the parties are the "licensor" and "you", and credit is owed to the "original author" and to any "Attribution Parties" the licensor designates. The duties hang on odrl:distribute, which matches the licence, since they are triggered by making the work public rather than by private use.

minor Rubric 6 dalicc:WarrantyDisclaimer none

The quoted disclaimer is the wording of the Philippine legal codes of BY, BY-SA, BY-ND and BY-NC, which open "UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS", spell "MERCHANTIBILITY" and close "SO SUCH EXCLUSION MAY NOT APPLY TO YOU". The legal code of this element set opens "UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW", spells "MERCHANTABILITY" and closes "SO THIS EXCLUSION MAY NOT APPLY TO YOU". The difference is a proofreading variant between the six published legal codes of one port, not a difference in substance, and the same quotation is carried by all six records of the port; left as it stands rather than split the port into two spellings.

info Rubric 6 dalicc:additionalClauses none

The record has no dalicc:additionalClauses, so the clauses the ODRL policy cannot carry are not visible in the record at all: the reservation of rights not expressly granted, the downstream offer to every recipient, the automatic termination on breach with the survival of the named sections, and the severability, waiver and entire agreement paragraphs. The whole Creative Commons family is modelled this way.

info Rubric 7 cc:jurisdiction none

cc:jurisdiction is bpicounty:Philippines, which matches the country of the legal-code URL https://creativecommons.org/licenses/by-nc-nd/3.0/ph/legalcode, and dalicc:validityType is dalicc:perpetual, which matches a grant made for the duration of the applicable copyright. Note that the jurisdiction field records the legal home of the port, not a territorial limit: the grant itself is worldwide. The Philippine port writes its defined terms in lower case, heads section 2 "Limitations on Copyright" rather than "Fair Dealing Rights", and its limitation of liability uses the damages taxonomy of Philippine law: "ACTUAL OR COMPENSATORY, INCIDENTAL, MORAL, NOMINAL, TEMPERATE OR MODERATE, LIQUIDATED, EXEMPLARY OR CORRECTIVE DAMAGES". It carries no choice of law clause.

gap Rubric 8 odrl:prohibition none

The licence forbids technological protection measures and the vocabulary has no term for it. The clause is in section 4(a): "you may not impose any effective technological measures on the work that restrict the ability of a recipient of the work from you to exercise the rights granted to that recipient under the terms of the license". 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

Three clauses of every 3.0 port have no vocabulary term. The automatic termination of the licence on breach, with the survival of the definitions, the disclaimer, the limitation of liability and the miscellaneous sections: proposed term dalicc:terminationOnBreach. The direct offer the licensor makes to every recipient of the work or of an adaptation, on the same terms: proposed term dalicc:downstreamOffer. The reservation of all rights not expressly granted: no term either.

gap Rubric 8 record none

Moral rights have no vocabulary term, in either direction: a clause that restricts the licensee, and a clause that leaves the author personal rights untouched by the licence. Section 4(e) closes with one sentence: "Moral rights remain unaffected to the extent they are recognized and not waivable by applicable law." Proposed terms: dalicc:moralRightsRestriction and dalicc:moralRightsNonAssertion.

info Rubric 8 record none

The royalty collection arrangements are not expressible either, and they are the clause that differs most between the ports of one version. Section 4(e) is a single paragraph and covers voluntary schemes only: "The licensor reserves the right to collect royalties, whether individually or, in the event that the licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by you of the rights granted under this license that is for a purpose or use which is otherwise than noncommercial as permitted under Section 4(c)." The two compulsory licence paragraphs that the other ports carry are absent.

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-NoDerivatives 4.0 International (CC-BY-NC-ND-4.0). The deontic model of this record is identical to the parent, statement for statement: the same permissions with the same duties attached, the same prohibitions and the same set level duties, and, apart from odrl:target, nothing else. What differs is the jurisdiction, the language of the legal text and 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 compatibility checker cannot tell this record from the other records of the BY-NC-ND 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: "This license and the rights granted hereunder will terminate automatically upon any breach by you of the terms of this license." 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. "You may not sublicense the work." (section 4(a)). The vocabulary already has dalicc:sublicense, but it is used by no record in the library 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.