Define jurisdiction and target eligibility rules for user-side acquisition #43

Closed
opened 2026-07-31 01:25:50 -04:00 by JackFrostbyte · 2 comments

Goal

Turn Issue #34's architecture decision into an operational eligibility policy for
user-side acquisition targets.

Required policy dimensions

Evaluate each target independently across these dimensions:

  • redistribution permission;
  • lawful user acquisition path;
  • permission or defensible legal basis for local copying and processing;
  • automation permission;
  • website, API, account, subscription, or purchase terms;
  • authentication and technical access controls;
  • reviewed jurisdiction or jurisdictions;
  • evidence, reviewer, review date, expiry/recheck date, and withdrawal status.

Do not treat “personal use,” “purchased,” “freely accessible,” or “not bundleable”
as blanket permission.

Required source states

Define at least:

  1. bundleable;
  2. catalog_only;
  3. user_acquirable;
  4. prohibited_or_withdrawn.

A source may be catalog_only when Arkive can preserve metadata but cannot provide
or automate an acquisition route.

Hard boundaries

  • No DRM, paywall, CAPTCHA, authentication, or other access-control circumvention.
  • No credential collection in recipes.
  • No use of unauthorized mirrors or known infringing copies.
  • Terms-of-service and contract review remain separate from copyright review.
  • Disclaimers explain risk and responsibility but do not create permission.
  • Paid or account-bound sources default to manual user import unless an official,
    reviewed API or download mechanism expressly supports automation.

Deliverables

  • Policy document under governance/ or docs/.
  • Review checklist and evidence requirements.
  • Jurisdiction-handling rules, including how unsupported jurisdictions fail closed.
  • Re-review and emergency-withdrawal procedure.
  • A statement identifying which questions require qualified legal review before
    Arkive publishes a production recipe catalogue.

Acceptance criteria

  • Eligibility is decided per target, not by source class alone.
  • Copyright, contract/terms, automation, and access controls are separate checks.
  • Unknown or expired evidence fails closed.
  • Manual import and automated acquisition have distinct eligibility rules.
  • Withdrawal stops future acquisition without claiming Arkive can delete users'
    existing local copies.
  • The policy does not claim that a disclaimer makes an otherwise unauthorized
    action lawful.

Out of scope

  • Implementing fetchers.
  • Selecting the first production target list.
  • Providing legal advice to end users.
## Goal Turn Issue #34's architecture decision into an operational eligibility policy for user-side acquisition targets. ## Required policy dimensions Evaluate each target independently across these dimensions: - redistribution permission; - lawful user acquisition path; - permission or defensible legal basis for local copying and processing; - automation permission; - website, API, account, subscription, or purchase terms; - authentication and technical access controls; - reviewed jurisdiction or jurisdictions; - evidence, reviewer, review date, expiry/recheck date, and withdrawal status. Do not treat “personal use,” “purchased,” “freely accessible,” or “not bundleable” as blanket permission. ## Required source states Define at least: 1. `bundleable`; 2. `catalog_only`; 3. `user_acquirable`; 4. `prohibited_or_withdrawn`. A source may be `catalog_only` when Arkive can preserve metadata but cannot provide or automate an acquisition route. ## Hard boundaries - No DRM, paywall, CAPTCHA, authentication, or other access-control circumvention. - No credential collection in recipes. - No use of unauthorized mirrors or known infringing copies. - Terms-of-service and contract review remain separate from copyright review. - Disclaimers explain risk and responsibility but do not create permission. - Paid or account-bound sources default to manual user import unless an official, reviewed API or download mechanism expressly supports automation. ## Deliverables - Policy document under `governance/` or `docs/`. - Review checklist and evidence requirements. - Jurisdiction-handling rules, including how unsupported jurisdictions fail closed. - Re-review and emergency-withdrawal procedure. - A statement identifying which questions require qualified legal review before Arkive publishes a production recipe catalogue. ## Acceptance criteria - [ ] Eligibility is decided per target, not by source class alone. - [ ] Copyright, contract/terms, automation, and access controls are separate checks. - [ ] Unknown or expired evidence fails closed. - [ ] Manual import and automated acquisition have distinct eligibility rules. - [ ] Withdrawal stops future acquisition without claiming Arkive can delete users' existing local copies. - [ ] The policy does not claim that a disclaimer makes an otherwise unauthorized action lawful. ## Out of scope - Implementing fetchers. - Selecting the first production target list. - Providing legal advice to end users.
Member

Scope note on the parallel route, recorded here so it is visible before anyone plans around it.

Reading the native issue dependencies rather than the body text, the overlay milestone is parallel only for its design half:

So from #47 onward the overlay converges back onto the Reproducible Acquisition & Processing and Offline Search Proof Loop chains. Four issues — #43, #44, #45, #46 — can proceed independently; the milestone cannot complete ahead of Milestones 1 and 2.

That seems like the right design rather than a problem: the overlay reuses one processing pipeline instead of growing a second, which #45 requires explicitly. Worth stating so the parallel route is not mistaken for a path to a finished overlay.

Scope note on the parallel route, recorded here so it is visible before anyone plans around it. Reading the native issue dependencies rather than the body text, the overlay milestone is parallel only for its design half: - **#43** and **#45** were both blocked only by #34 and are independently ready. - **#44** follows #43. - **#46** needs #43, #44, and #45. - **#47** additionally depends on **#16**. - **#48** additionally depends on **#21** and **#22**. - **#49** additionally depends on **#23**, **#24**, and **#25**. - **#50** additionally depends on **#27** and **#28**. So from #47 onward the overlay converges back onto the Reproducible Acquisition & Processing and Offline Search Proof Loop chains. Four issues — #43, #44, #45, #46 — can proceed independently; the milestone cannot complete ahead of Milestones 1 and 2. That seems like the right design rather than a problem: the overlay reuses one processing pipeline instead of growing a second, which #45 requires explicitly. Worth stating so the parallel route is not mistaken for a path to a finished overlay.
Author
Owner

Issue #43 is complete through merged PR #54.

Arkive now has an operational acquisition-eligibility policy that:

  • evaluates every target independently;
  • separates redistribution, acquisition, processing, automation, contractual, access-control, jurisdictional, and evidence questions;
  • defines the required availability states;
  • distinguishes manual import from automated acquisition;
  • fails closed when required evidence is unknown, unsupported, contradicted, or expired;
  • prohibits circumvention, credential collection, and unauthorized mirrors;
  • defines evidence, review, expiry, re-review, and emergency-withdrawal requirements;
  • prevents withdrawal language from implying that Arkive can erase existing user-local copies;
  • treats disclaimers as disclosure rather than permission; and
  • identifies the questions requiring qualified legal review before a production recipe catalogue is published.

The policy remains documentation-only and correctly leaves machine representation to Issue #44, storage and index separation to Issue #45, and acquisition implementation to Issue #46.

All acceptance criteria and deliverables are satisfied. Closing as completed.

Issue #43 is complete through merged PR #54. Arkive now has an operational acquisition-eligibility policy that: * evaluates every target independently; * separates redistribution, acquisition, processing, automation, contractual, access-control, jurisdictional, and evidence questions; * defines the required availability states; * distinguishes manual import from automated acquisition; * fails closed when required evidence is unknown, unsupported, contradicted, or expired; * prohibits circumvention, credential collection, and unauthorized mirrors; * defines evidence, review, expiry, re-review, and emergency-withdrawal requirements; * prevents withdrawal language from implying that Arkive can erase existing user-local copies; * treats disclaimers as disclosure rather than permission; and * identifies the questions requiring qualified legal review before a production recipe catalogue is published. The policy remains documentation-only and correctly leaves machine representation to Issue #44, storage and index separation to Issue #45, and acquisition implementation to Issue #46. All acceptance criteria and deliverables are satisfied. Closing as completed.
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