The Zmax Inalienable Rights License (ZIRL) Version 1.0

Preamble

In creating this license, I stand on the shoulders of giants. Richard Stallman and the Free Software Foundation laid the ideological foundation for software freedom, and thanks to their work, I have had the privilege to grow up living and breathing free software. Their radical vision gave us the GPL - a revolutionary act that challenged the entire software industry and created the movement that shaped my life.

But revolutions that stop evolving become institutions, and institutions that stop fighting become irrelevant. While the FSF debates philosophical purity in committee rooms, corporations have weaponized their lawyers to find increasingly sophisticated ways to exploit our community. They strip-mine our work, control our users, and mock our principles - all while technically complying with licenses written for a simpler time.

The free software world needs a new radical act. We need licenses that don't just govern how software is distributed, but how it behaves. We need legal frameworks that anticipate corporate bad faith instead of naively hoping for good intentions. We need to stop playing defense and start dictating terms.

This license carries forward Stallman's revolutionary spirit while refusing to be constrained by the limitations of previous generations. Like the GPL before it, ZIRL is untested, controversial, and uncompromising.

This license governs the use, modification, and distribution of any software licensed under it. It is founded on the principle that all users have inalienable rights to control, understand, and improve the software they use. It is designed to grant protections equivalent to or greater than those of the GNU Affero General Public License v3.0 (AGPLv3), while adding explicit protections against retaliation through separate agreements (the "Anti-Circumvention Clause"). Its purpose is to empower the user, guarantee their access to the Source Code, protect their User Data and privacy, and ensure that the Software and any work based on it will forever remain a tool of the user, not a tool to control the user.

By licensing software under ZIRL, the copyright holder enters into an irrevocable, binding contract with all users regarding software behavior and ongoing obligations as detailed in the Developer Covenants. This contractual commitment supersedes and cannot be modified by any subsequent terms of service, privacy policies, corporate policies, or other agreements. This license constitutes a binding, immutable agreement between developers and users, ensuring that the rights and protections herein, including privacy and data control, cannot be altered or diminished through external terms, policies, or agreements.

Section 0: Definitions

• "User" means any person or entity who: (a) rightfully receives a copy of The Software; (b) operates a User Product containing The Software; or (c) interacts with the functionality of The Software through a Network Service.
• "The Software" refers to the collection of files, including Source Code, documentation, and data files, released by a copyright holder under this license.
• "You" refers to any person or entity exercising rights granted by this license.
• "To Convey" means to distribute, publish, or otherwise make a copy of The Software available to another party.
• "Derivative Work" means any work based on The Software that incorporates, modifies, or is substantially derived from The Software's Source Code. For AI/ML Models, systematic extraction of The Software's source code, algorithms, or behavioral patterns for use in training datasets constitutes a Derivative Work. All outputs generated during Normal Operation belong solely to the user and are not Derivative Works, regardless of their content, unless they incorporate The Software's Source Code.
• "Corresponding Source" means the complete and preferred form of the Source Code for a work, including all build scripts and interface definitions. For training datasets derived from The Software, Corresponding Source includes the complete dataset and any preprocessing scripts used to create it.
• "User Product" means any physical device in which The Software is embedded or upon which it is designed to run.
• "Installation Information" means any methods, procedures, authorization keys, or other information required to install and execute modified versions of The Software on a User Product.
• "AI/ML Model" and "Training" shall have their customary meanings within the software development field.
• "Digital Rights Management (DRM)" means any technology, mechanism, or process designed to control, restrict, or limit user access to, copying of, or modification of software or content. This includes but is not limited to copy protection, access controls, usage restrictions, or any cryptographic or technical measures that prevent users from exercising their rights under this license.
• "Vendor-Controlled API" means any application programming interface that can be unilaterally modified, restricted, or terminated by a single vendor in a manner that would create dependency or lock-in effects for users of The Software.
• "Network Service" means any service that makes The Software's functionality available to users over a computer network, including but not limited to web applications, web services, APIs, cloud services, or any remote access to The Software's capabilities.
• "Normal Operation" means using The Software for its intended purpose to process, create, or manipulate user-controlled content. Normal Operation explicitly excludes the systematic extraction of The Software's source code, algorithms, or behavioral patterns for training dataset compilation.
• "Source Code" means the preferred form of The Software for making modifications to it.
• "User Data" means any data generated or provided by a user during the use of The Software, including configuration files, content, or usage information.

Section 1: The Inalienable Rights

You are hereby granted four unconditional and irrevocable rights:

1. The right to run The Software for any purpose.
2. The right to study the Corresponding Source to understand how The Software works.
3. The right to modify The Software to suit your needs.
4. The right to share The Software and your modifications with others.

Section 2: The Strong Copyleft Condition

You may Convey verbatim or modified copies of The Software, provided that You meet all of the following conditions:

• You must provide every recipient with a complete and verbatim copy of this license.
• You must include a conspicuous notice stating that You have changed The Software and the date of the change. This notice may be satisfied by: (a) a conspicuous notice in the root directory of the distribution; (b) version control commit logs that document the changes; or (c) a changelog file accompanying the distribution.
• You must license any Derivative Work, in its entirety, under the terms of this license.
• If You Convey The Software in object code form, the Corresponding Source must be made available under the terms of this license, either through the same distribution channel (e.g., a public repository or direct link) or via a written offer to provide it at no cost through standard means (e.g., email or physical media), valid for at least three years or the duration of support for the software, whichever is longer.

If statute, judicial order, or regulation in a specific jurisdiction prevents you from satisfying one or more conditions of this license, you may Convey The Software in other jurisdictions where full compliance is possible, provided you make good-faith efforts to resolve the restriction (e.g., by seeking legal exemptions or alternative distribution methods). If the restriction cannot be resolved, you must cease Conveyance in the affected jurisdiction until compliance is achievable.

Section 3: Network Service Mandate

If you modify The Software and make its functionality available to users over a computer network (as a "Network Service"), you must provide all users who interact with the service a means to receive a complete copy of the Corresponding Source for your modified version of The Software. This offer must be conspicuous, such as through a prominent link or notice on the service's primary interface or documentation, and require no more than standard network access (e.g., a downloadable archive or repository link) to fulfill. The Corresponding Source must be hosted in a manner that ensures reasonable availability, but you are not required to provide direct downloads to each user if a publicly accessible link is provided.

Section 4: User Hardware Freedom (The Anti-Tivoization Clause)

If You Convey The Software as part of a User Product, You must provide the Installation Information required to install and run a modified version of The Software on that product. Installation Information must be provided in a clear, accessible format, including documentation or tools suitable for users with varying technical expertise. The user's ability to modify The Software on their own device shall not be obstructed.

Section 5: Developer Covenants and Distributor Obligations

These provisions represent binding commitments. Developer Covenants bind the original copyright holders in how they create and maintain The Software. Distributor Obligations bind anyone who Conveys The Software. Violation of these provisions constitutes a breach of this license, resulting in automatic termination of all rights granted herein.

For copyright holders: Violation of any Developer Covenant voids their right to license the work under this license. Any software that violates these covenants cannot be validly licensed under ZIRL, and any purported ZIRL licensing of such software is void.

These Developer Covenants are binding on all software distributed under ZIRL, regardless of the licensing chain. Copyright holders cannot circumvent these obligations by licensing to intermediaries or third parties who then distribute under ZIRL. Any such intermediary distribution must still comply with all Developer Covenants as if the original copyright holder were distributing directly.

Developer Covenants

• Covenant of User Privacy. The Software shall not include any functionality for collecting User Data or usage statistics (telemetry) that is enabled by default. All such functionality must require explicit, granular, opt-in consent from the user, compliant with applicable data protection laws (e.g., GDPR, CCPA), and its Source Code must be clearly isolated and removable by the user. Developers may collect User Data or telemetry only by implementing an explicit, granular opt-in consent mechanism that: (a) clearly specifies exactly what data will be collected, (b) explicitly states the specific purposes for which each type of data will be used, (c) identifies any third parties with whom data will be shared, (d) provides a mechanism for users to withdraw consent at any time, (e) ensures that all collected User Data is deleted within 30 days of a user's withdrawal of consent or explicit deletion request, where legally permissible, and (f) is fully documented in the Corresponding Source. Generic or vague consent statements (e.g., "to improve the software", "for analytics purposes", or "to enhance user experience") do not constitute informed consent under this covenant.

  Valid informed consent requires language that:

  • Uses plain language understandable to non-technical users.
  • Specifies exact data types (e.g., "crash logs containing error messages and system information" not "diagnostic data")
  • States specific use cases (e.g., "to identify the most common causes of application crashes" not "to improve software quality")
  • Names specific recipients (e.g., "shared with our cloud infrastructure provider AWS for storage" not "shared with service providers")
  • Provides concrete examples of how the data will be processed

• Covenant of Data Liberation. Configuration files that users are expected to manually edit should use documented, human-readable formats where practical. Any service built on The Software must provide export functionality for User Data in documented, non-proprietary formats.

• Covenant of Platform Sovereignty. The Software shall not be made dependent on any Vendor-Controlled API for its core functionality and shall not contain any remote kill switches. Distributors must ensure users can obtain the Corresponding Source through at least one accessible method, regardless of platform restrictions. This may include in-software notices, alternative websites, direct contact methods, or other reasonable means, where technically feasible.

• Covenant of Cryptographic Integrity. Cryptography in The Software shall be used exclusively to empower and protect the user, never to restrict or control them through DRM or vendor lock-in mechanisms. The Software shall not use cryptography to obfuscate its Source Code or implement any form of DRM. This does not prohibit standard authentication, access control, or security measures that protect user data, system integrity, or network security.

Distributor Obligations

• Obligation of Anti-Circumvention (Blue Hat Clause). You may not impose restrictions through separate agreements, terms of service, corporate policies, or any other mechanism that directly or indirectly limit, penalize, or discourage the exercise of rights granted by this license, including but not limited to: (a) charging additional fees for accessing, modifying, or redistributing the Corresponding Source; (b) terminating services, support, or access because a recipient exercises their license rights; (c) requiring additional approvals, registrations, or authorizations as a condition for exercising license rights; (d) imposing contractual penalties for distributing modifications or Derivative Works; (e) imposing terms of service that restrict Source Code access or require proprietary integrations; (f) using trademark, patent, or other intellectual property claims to discourage redistribution of modifications; or (g) implementing technical measures that interfere with the exercise of license rights. Any terms of service, privacy policy, or other agreement that conflicts with the covenants or rights of this license constitutes a violation. Any business model, pricing strategy, or corporate practice that creates practical barriers to exercising license rights constitutes a violation, regardless of technical compliance with distribution requirements.

• Obligation for AI/ML Training Datasets. A collection of data, when created through the systematic extraction of The Software's source code, algorithms, or non-user-specific behavioral patterns for the purpose of training an AI/ML Model, constitutes a Derivative Work. If You Convey this Derivative Work, or use it to provide a Network Service, You must do so under the terms of this license, including the obligation to provide the Corresponding Source for the entire collection. This obligation applies to the entity that directs the creation and use of the dataset, regardless of whether intermediary services, contractors, or automated systems were employed in its extraction.

• Obligation of Network Effect Protection. Services built on ZIRL software cannot implement vendor lock-in mechanisms, proprietary APIs, or data formats that would prevent users from migrating to alternative implementations of the same service functionality.

Section 6: Community Standing and Enforcement

Any user affected by a violation of this license has standing to enforce its terms, regardless of whether they are the copyright holder. Violators are liable for reasonable legal fees and damages to the affected community. This provision ensures that license violations can be addressed even when original copyright holders are unwilling or unable to enforce compliance.

Section 7: License Integrity and Versioning

This license is perpetual. New versions of the ZIRL may be published, but You may always choose to use The Software under the terms of the version you originally received it under. Any new version must provide protections equivalent to or greater than the version it succeeds. Any attempt to relicense The Software or its Derivative Works under terms that diminish the rights granted herein, including but not limited to proprietary or non-copyleft licenses, is void and constitutes a violation of this license. Existing copies of The Software licensed under this version of the ZIRL remain valid and enforceable under its terms, unaffected by any invalid relicensing attempt. New versions of the ZIRL should be developed through a transparent, community-driven process to ensure alignment with the license's principles of user empowerment and software freedom.

Section 8: No Warranty

To the extent permitted by applicable law, The Software is provided "as is," without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of The Software is with you.

Section 9: Limitation of Liability

In no event shall any copyright holder or contributor be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

Section 10: Patent Grant and Protection

Each copyright holder and contributor hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to make, have made, use, offer to sell, sell, import, and otherwise run, modify, and propagate the contents of The Software, where such license applies to any patent claims they control that would be infringed by the use, modification, or distribution of The Software or their contributions.

Anti-Patent-Troll Provisions:

1. Transfer Restrictions: You may not transfer patents covering The Software to entities for the purpose of circumventing this license's patent provisions or enabling patent litigation against ZIRL users.

2. Affiliated Entity Coverage: If you or any affiliated entity, subsidiary, parent company, or entity under common control initiate litigation against any party alleging that The Software constitutes direct or contributory patent infringement, all patent licenses granted to you under this license shall terminate.

3. Defensive Patent Pool: Patents covering The Software held by ZIRL licensees must be made available to all other ZIRL users under the same non-exclusive, royalty-free terms granted herein.

Section 11: Violation and Cure

If you violate any condition of this license, your rights under this license terminate automatically. However, if the violation is your first offense and you correct it within 30 days of becoming aware of the violation, your rights are automatically reinstated. If the violation is not corrected within 30 days, or if you have committed a prior violation, the termination of rights becomes permanent.

This cure provision does not limit any other legal remedies available to copyright holders or the community.

Stewardship Relinquishment Process: If a copyright holder violates a Developer Covenant and fails to cure the violation within the 30-day period specified in this section, they must either: (a) relinquish stewardship of The Software by transferring all relevant copyrights and associated intellectual property rights to a community, group of contributors, or recognized free software organization of their choosing, in good-faith collaboration with the appointee to confirm their willingness and capacity to assume stewardship, ensuring the software's continued alignment with the principles of this license; or (b) relicense The Software under a license that preserves all user rights granted herein, such as a strong copyleft license with protections equivalent to or greater than this license, in compliance with Section 7. The copyright holder retains control over the relinquishment process until the transfer of copyrights or relicensing is complete. The process shall be handled on a case-by-case basis, prioritizing the continued availability of The Software under this license. The copyright holder is encouraged to publicly announce their intent to relinquish stewardship and the chosen appointee to maintain transparency with users. If the copyright holder fails to relinquish stewardship or relicense The Software within 60 days of the cure period expiring, the community of contributors may petition a recognized free software organization to assume temporary stewardship, pending resolution.

Section 12: Interpretation

This license shall be interpreted to maximize the rights and freedoms of users while ensuring the continued availability of The Software and its improvements to the community. This license serves as an immutable framework for the terms of service and privacy protections between developers and users, ensuring that no external agreements or policies may diminish the rights or covenants established herein.

Section 13: Community Governance

Developers and contributors are encouraged to establish transparent, community-driven governance models for The Software, such as open contribution processes, public roadmaps, or designated stewards. Such models should prioritize user feedback and ensure the software's continued alignment with the principles of this license.