The Gravitational Pull of the Brussels Effect and Open Science Defenses: Defensive Publication, Extraterritorial Jurisdiction under the EU AI Act, and Machine-Readable IP Preservation Architecture

Affiliation Description / Abstract: This paper analyzes the structural limits of regulatory arbitrage—such as corporate relocations to London or offshore jurisdictions to circumvent the European Union's Artificial Intelligence Act (Regulation (EU) 2024/1689). By leveraging the "Brussels Effect" through the strict extraterritorial scope of Article 2(1)(c) and GDPR Article 9, this monograph demonstrates that any entity serving EU end-users remains subject to mandatory EU compliance and severe statutory penalties. Against predatory data ingestion and non-consensual web scraping by frontier AI models, we formalize a defensive publication strategy utilizing CERN's Zenodo repository. By securing immutable timestamps and digital object identifiers (DOIs), independent researchers establish definitive prior art that pre-emptively bars third-party patent monopolies. Furthermore, we specify the "Strict No-Learn License (NLL-v1.0)" integrating CDSM Directive Art. 4(3) opt-outs, cryptographic C2PA assertions, and fiduciary director oversight (Caremark standard), enforcing game-theoretic equilibrium where commercial exploitation requires ex-ante consent and equitable compensation.