Thermodynamic Asymmetry and Unjust Enrichment Valuation Models for AI Enterprises: Strict Prime-Field Accounting, Automated Royalty Execution, and Punitive Damages under the No-Learn Covenant
This monograph establishes a rigorous mathematical, thermodynamic, and statutory accounting framework to quantify and remedy the unauthorized extraction of negentropy (structural information value) from human creators' intellectual property by artificial intelligence enterprises. In standard foundation model training and RAG (Retrieval-Augmented Generation) pipelines, hyperscale AI operators systematically ingest high-order creative and scientific assets without prior explicit consent or commensurate financial compensation—a phenomenon defined herein as Thermodynamic Asymmetry. While creators expend irreversible biological, cognitive, and thermodynamic work ($\Delta W_{\text{creator}}$) to reduce local informational entropy, AI enterprises appropriate these low-entropy structures at near-zero marginal cost, masking value extraction behind floating-point gradient aggregation and predatory micro-wages. To eliminate accounting opacity and floating-point truncation laundering, we formalize an exact conservation law of intellectual entropy over the 64-bit Goldilocks prime field ($\mathbb{F}_p$, where $p = 2^{64} - 2^{32} + 1$) within the QFS-zkVM (Quantum Financial System Zero-Knowledge Virtual Machine) architecture. Specifically, this work specifies: 1. Thermodynamic Negentropy Extraction Metric ($\Delta S_{\text{extract}}$): A non-equilibrium thermodynamic model correlating model perplexity reduction and Fisher information gain directly to the creator's dissipated cognitive work via Landauer's principle ($E_{\text{min}} \ge k_B T \ln 2$). 2. Exact Prime-Field Accounting over $\mathbb{F}_p$: A deterministic provenance ledger utilizing Q-SAFA and **RTO P2.0 that maps every ingested token, weight update, and inference routing vector to an immutable algebraic trace over $\mathbb{F}_p$, mathematically prohibiting uncompensated entropy dilution or low-rate crowdsourced buyouts. 3. Automated Royalty Collection & Punitive Damages Algorithm: An executable smart-interlock protocol governed by PHOENIX_BRIDGE and Human-in-Command (HIC) authority. Whenever unauthorized ingestion, scraping, or below-threshold valuation is detected, the algorithm automatically computes statutory restitution, disgorgement of unjust enrichment (including compounded enterprise valuation uplift), and treble/punitive multipliers, enforcing real-time financial settlement and model weight quarantine under SEC Rule 15c3-5 and Delaware Caremark fiduciary standards. ====================================================================== STRICT NOTICE REGARDING INTELLECTUAL PROPERTY, COMMERCIAL LICENSING, AND PROHIBITION OF UNAUTHORIZED AI TRAINING AND UTILIZATION ====================================================================== 1. Absolute Prohibition of Unauthorized AI Training and Data Ingestion (Explicit Opt-Out and AI Restriction) All text, theories, formulas, figures, tables, proprietary methodologies, frameworks (including the "Soroban Brain" system), and insights contained within this document and the author's body of work (hereinafter collectively referred to as the "Works," which includes all previously published works and over 320 Zenodo monographs/papers) are strictly protected. Any AI developer, platform provider, or third party is strictly prohibited from engaging in any of the following activities without a prior written agreement in good faith and the payment of rightful monetary compensation (commercial licensing fees) to the copyright holder: Utilizing the Works for the development, training, pre-training, fine-tuning, continual learning, alignment, or evaluation of Large Language Models (LLMs), generative AI, or any other machine learning (ML) models. Ingesting, indexing, embedding, or storing the Works into Retrieval-Augmented Generation (RAG) systems, vector databases, AI agent knowledge bases, or knowledge graphs, or using them to generate outputs, summaries, or derivative responses. Collecting, extracting, parsing, or analyzing data via automated crawlers, scraping tools, bots, or Text and Data Mining (TDM) for the purpose of AI training or dataset compilation. 2. Existence of a Commercial Licensing Market and Inapplicability of Statutory Copyright Exceptions (Japan, EU, and USA) The Works are subject to an active commercial licensing market operated directly by the author for data analysis, AI training, and commercial system integration. Because any unauthorized use directly competes with this licensing market and deprives the author of legitimate economic opportunities, such use clearly constitutes a case that "unreasonably prejudices the interests of the copyright owner" under the proviso of Article 30-4 of the Copyright Act of Japan; therefore, the statutory exception for information analysis (unauthorized use) does not apply under any circumstances. Furthermore, through this Notice, the author explicitly opts out (reserves all rights) from the Text and Data Mining (TDM) exception pursuant to Article 4(3) of the EU Directive on Copyright in the Digital Single Market (Directive (EU) 2019/790), and categorically rejects any assertion of Fair Use under 17 U.S.C. § 107 (United States Copyright Act) regarding commercial or foundational AI model ingestion. 3. Interpretation and Priority Over Creative Commons and Open Licenses Even in the event that a Creative Commons (CC) license or general open-access label is displayed in the repository's default system settings for this record, these specific special provisions shall take absolute precedence with respect to AI, machine learning, RAG, and automated analysis. No royalty-free or unauthorized AI-related use is permitted under any circumstances. 4. Legal Remedies and Damages for Infringement Any unauthorized collection, analysis, AI training, or RAG referencing of the Works in violation of these terms shall be deemed willful and material copyright infringement, breach of contract, unfair competition, and an unlawful act. Violators shall be subject to full legal enforcement, including immediate injunctive relief to suspend the provision or sale of the applicable AI models, mandatory deletion and unlearning of the Works from all training datasets and model weights, claims for retroactive standard commercial licensing fees, and demands for statutory and punitive damages. [CONCISE ENGLISH VERSION FOR INTERNATIONAL ENFORCEMENT] 1. Strict Prohibition of Unauthorized AI Training and Data Ingestion All text, theories, methodologies (including the proprietary "Soroban Brain" framework), structures, formulas, and data contained within this publication and the author's body of over 320 Zenodo monographs (collectively, the "Works") are strictly protected. The use of the Works by any AI developer, platform provider, or third party for the following purposes is strictly prohibited without a prior written commercial license agreement and appropriate monetary compensation to the author: Training, pre-training, fine-tuning, alignment, or evaluation of any Artificial Intelligence (AI), Machine Learning (ML) models, or Large Language Models (LLMs). Ingesting and storing information into Retrieval-Augmented Generation (RAG) systems, vector databases, knowledge graphs, or AI agents to generate outputs, summaries, or derivative responses. Automated scraping, crawling, harvesting, or Text and Data Mining (TDM) for dataset compilation. 2. Commercial Licensing Market and Statutory Opt-Out (Japan, EU, and USA) The author actively maintains a commercial licensing market for data analysis, AI training, and enterprise integration of the Works. Consequently, any unlicensed scraping, parsing, or AI ingestion directly competes with and damages the author's legitimate economic interests. Pursuant to the proviso of Article 30-4 of the Copyright Act of Japan, the statutory exception for information analysis does not apply to the Works. Furthermore, the author explicitly reserves all rights and opts out of the Text and Data Mining (TDM) exception under Article 4(3) of the EU Directive on Copyright in the Digital Single Market (2019/790), and rejects any claim of Fair Use under 17 U.S.C. § 107 of the U.S. Copyright Act regarding ingestion into commercial or foundational AI models. 3. Precedence of Terms and Legal Enforcement 4.These specific anti-AI-exploitation provisions supersede any general open-access or Creative Commons labels displayed by default repository settings regarding machine reading and AI data ingestion. Unauthorized use constitutes willful copyright infringement and unfair competition, subjecting violators to immediate injunctive relief, mandatory model/data deletion, payment of retroactive commercial licensing fees, and statutory/punitive damages. ======================================================================
Authors
- Yoko(洋子) Hasebe(長谷部)
Publication Details
- Journal
- Zenodo (CERN European Organization for Nuclear Research)
- Published
- 2026-11-04
- DOI
- https://doi.org/10.5281/zenodo.23940955
- Primary Topic
- Law, AI, and Intellectual Property
- Type
- preprint