At every point in time multidimensions branch off.
The discovery of the higgs destroys the dimension in which it is discovered.
We are still here to observe the lack of a higgs so in our dimension discovery failed.

Therefore, Observers can only exist in dimensions where the ability/device to discover the higgs fails.

The Attribution-Share Alike 2.0 Generic license looks
like what you need

http://creativecommons.org/licenses/by-sa/2.0/

It allows others to modify and adapt your work as long
as they attribute the original in the manner specified by you.