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Copyright © 2026 by ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band and enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI), a federally recognized sovereign tribal nation (hereafter referred to as the "Rights Holder"). The Beaver Island Band community, historically centered on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island), suffered profound disruption and diaspora due to violent displacement, targeted persecution for their language, ceremonies, and faith, and starvation imposed by settler-colonial authorities and expansion. This forced dispersal resulted in descendants becoming affiliated primarily with the Little Traverse Bay Bands of Odawa Indians (LTBB) and the Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI), while many others were forced to seek refuge within First Nations communities in Canada (such as the Osawanimikii family). This license acknowledges this history and the interconnectedness of these descendant communities. This license is grounded in the inherent sovereignty of Indigenous peoples to protect, control, and govern the use of their intellectual property, cultural heritage, traditional knowledge (TK), traditional cultural expressions (TCEs), and associated data (Indigenous Data Sovereignty). The unique status of tribal sovereign nations provides legal and cultural protections extending beyond standard intellectual property law regimes. This license aims to facilitate respectful engagement while upholding Tribal sovereignty, cultural integrity, data governance rights, and ensuring equitable benefit sharing as a mechanism for reclaiming value derived from Indigenous knowledge and heritage often subject to historical extraction, aligning with international instruments such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (adopted May 2024).
This license implements UNDRIP by requiring equitable benefit-sharing (minimum 20% of commercial proceeds to Legacy Trust). Violations trigger repatriation under indigenous data sovereignty.
**CONSTITUTIONAL SUPREMACY AND TRIBAL SOVEREIGNTY FRAMEWORK**
This license operates under the constitutional supremacy framework established by Article VI, Clause 2 of the U.S. Constitution, which declares federal law, including federal Indian law, to be the "supreme law of the land." Federal Indian law, including the Indian Arts and Crafts Act (25 U.S.C. § 305 et seq.), Worcester v. Georgia (31 U.S. 515 (1831)), and the constitutional trust responsibility, establishes exclusive federal jurisdiction over matters involving tribal sovereignty and Indigenous intellectual property rights. Notwithstanding any state law to the contrary, including the implications of Oklahoma v. Castro-Huerta (597 U.S. ___ (2022)) and the DOJ's 2024-2025 government-to-government consultations on legislative proposals to restore tribal jurisdictional authority following Castro-Huerta (including virtual consultation sessions held January-February 2025), this license invokes federal preemption to ensure that Indigenous rights and tribal sovereignty are protected from state court interference or concurrent jurisdiction claims that would undermine the federal framework protecting Indigenous intellectual property. The federal trust relationship between the United States and tribal nations creates a unique legal framework that supersedes general state law applications and provides enhanced protections for Indigenous cultural heritage and traditional knowledge that cannot be diminished by state legislative or judicial action. Notwithstanding ongoing federal efforts to restore tribal jurisdictional authority through government-to-government consultation following Castro-Huerta, this license maintains exclusive federal and tribal jurisdiction, with any state claims automatically preempted and subject to immediate dismissal motions. Users waive any right to assert state jurisdiction and agree to tribal forum selection clauses.
**TREATY RIGHTS FOUNDATION**
**INHERENT SOVEREIGNTY PREDATING THE CONSTITUTION**
Tribal nations are "distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial." *Worcester v. Georgia*, 31 U.S. 515, 559 (1832). Tribal sovereignty is not a delegation of federal or state power; it is an inherent authority that predates the United States Constitution and was retained by tribal nations upon European contact. *United States v. Wheeler*, 435 U.S. 313, 322-23 (1978) ("Indian tribes still possess those aspects of sovereignty not withdrawn by treaty or statute, or by implication as a necessary result of their dependent status."). The treaties enumerated below did not create tribal rights — they codified pre-existing inherent rights that the signatory Nations had always possessed, and reserved all rights not explicitly ceded to the United States.
The protections established in this license are grounded in and exercise the inherent sovereignty and treaty-reserved rights of the Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI) under:
a) **Treaty of Washington (March 28, 1836)** - 7 Stat. 491, between the United States and the Ottawa and Chippewa Nations, which reserved to the signatory tribes all rights not explicitly ceded, including cultural, intellectual, and spiritual rights over traditional territories and resources;
b) **Treaty of Detroit (July 31, 1855)** - 11 Stat. 621, affirming the continuing government-to-government relationship and reserved rights of the Ottawa and Chippewa peoples;
c) **Reserved Rights Doctrine** - Under *Winters v. United States*, 207 U.S. 564 (1908), and *Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n*, 443 U.S. 658 (1979), the Ottawa and Chippewa Nations reserved all rights not explicitly ceded in their treaties with the United States, including the inherent right to protect, control, and govern intellectual property, Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs), cultural resources, and associated data created by their citizens and arising from their territories and cultural heritage;
d) **Inherent Sovereignty Doctrine** - Under *United States v. Wheeler*, 435 U.S. 313 (1978), *Santa Clara Pueblo v. Martinez*, 436 U.S. 49 (1978), and *Michigan v. Bay Mills Indian Community*, 572 U.S. 782 (2014), tribal nations retain all attributes of sovereignty that have not been divested by Congress through express, unambiguous statutory language — including the authority to define, protect, and govern cultural and intellectual property within their jurisdiction.
These treaty rights are:
- **Pre-constitutional and inherent** — they exist as original natural rights retained by sovereign nations, not as grants from the United States
- **Constitutionally protected** under Article VI, Clause 2 (Supremacy Clause), which elevates ratified treaties to the "supreme law of the land" on equal footing with federal statutes
- **Not subject to state interference** under *Worcester v. Georgia*, 31 U.S. 515 (1832), which held that state laws have "no force" within Indian country
- **Construed liberally in favor of the tribe** under the Indian canons of construction (*County of Oneida v. Oneida Indian Nation*, 470 U.S. 226, 247 (1985)), with ambiguities resolved in favor of the tribal signatories as the treaties would have been understood by the tribes at the time of signing
- **Capable of evolution and adaptation** to modern circumstances including digital intellectual property (*Menominee Tribe v. United States*, 391 U.S. 404 (1968)), ensuring that reserved rights extend to technologies and mediums not contemplated at the time of treaty execution
This license constitutes an exercise of these inherent sovereign rights and treaty-protected federal trust relationship, placing it beyond the reach of state law and requiring interpretation consistent with federal Indian law's special protections for tribal sovereignty and self-determination.
**BEAVER ISLAND BAND RECOGNITION, UNCEDED TREATY RIGHTS, AND LEGAL CAPACITY**
**A. BEAVER ISLAND BAND AS TREATY SIGNATORY AND SOVEREIGN ENTITY**
a) **HISTORICAL TREATY STATUS**: The Beaver Island Band of Ottawa and Chippewa Indians (also known as the Aamik'Waakanda Band — from Anishinaabemowin *aamik* "beaver" and Dakota/Siouan *waakanda* "sacred/spiritual power," reflecting the island's Pan-Indian significance as a site of intertribal ceremony — or Biibiwish Wazzhashk Mininaak Band) is recognized under this license as an original component band of the Ottawa and Chippewa Nations that signed:
i) The **Treaty of Washington (March 28, 1836)** - 7 Stat. 491, which reserved to signatory tribes all rights not explicitly ceded, including rights over the Beaver Island Archipelago;
ii) The **Treaty of Detroit (July 31, 1855)** - 11 Stat. 621, which affirmed continuing rights of Ottawa and Chippewa peoples;
iii) All associated treaties, agreements, and executive orders affecting the aboriginal territory of the Ottawa and Chippewa Nations in the Great Lakes region.
b) **UNCEDED RIGHTS AFFIRMATION**: The Beaver Island Band asserts the following **unceded and reserved rights** that were never lawfully extinguished:
i) **Sovereignty over Aamik'Waakanda**: Inherent governmental authority over the Beaver Island Archipelago as aboriginal territory;
ii) **Fishing, Hunting, and Gathering Rights**: Usufructuary rights confirmed in *United States v. Michigan*, 471 F. Supp. 192 (W.D. Mich. 1979), which held that 1836 Treaty fishing rights are "the communal property of the signatory tribes";
iii) **Intellectual Property and Cultural Resources**: The inherent right to control, protect, and govern all Traditional Knowledge, Traditional Cultural Expressions, and intellectual property arising from Beaver Island Band culture and heritage;
iv) **Sacred Site Governance**: Exclusive authority over the Stone Circle, burial grounds, and cultural landscapes of Aamik'Waakanda;
v) **Self-Determination**: The right to reconstitute as a distinct political entity and pursue federal acknowledgment.
b-1) **TREATY TERRITORY BOUNDARIES AND GEOGRAPHIC SCOPE**:
/* LEGAL HARDENING: Establishes specific geographic references for treaty territory to support
enforcement actions and demonstrate territorial nexus for jurisdictional purposes. Based on
7 Stat. 491 (1836 Treaty) and 11 Stat. 621 (1855 Treaty) boundary descriptions. */
The treaty rights invoked by this license apply within the following geographic territories:
i) **1836 TREATY CEDED TERRITORY**: The land and water territory ceded by the Ottawa and Chippewa
Nations under the Treaty of Washington (March 28, 1836), comprising approximately 13.8 million
acres of the northern Lower Peninsula and eastern Upper Peninsula of Michigan, bounded generally by:
- NORTH: The international boundary with British North America (now Canada) through the
Great Lakes, including all islands in Lake Michigan and Lake Huron;
- EAST: Lake Huron and the St. Clair River;
- SOUTH: A line running roughly east-to-west through the Lower Peninsula at approximately
the 43°30' parallel (Thunder Bay River region);
- WEST: Lake Michigan, including the Beaver Island Archipelago, Garden Island, High Island,
and all associated islands;
ii) **RESERVED RIGHTS TERRITORY**: Notwithstanding the 1836 cession, the signatory tribes
reserved all rights not explicitly ceded, including:
- Fishing, hunting, and gathering rights throughout the ceded territory (*United States v.
Michigan*, 471 F. Supp. 192 (W.D. Mich. 1979));
- Rights over cultural and sacred sites, including burial grounds and ceremonial areas;
- Intellectual property and Traditional Knowledge rights arising from activities within
or connected to the territory;
- Waters of the Great Lakes within treaty boundaries;
iii) **BEAVER ISLAND ARCHIPELAGO SPECIFIC BOUNDARIES**:
The Beaver Island Archipelago (Aamik'Waakanda), consisting of:
- Beaver Island (approximately 55.8 square miles, coordinates approximately 45.65°N, 85.55°W);
- Garden Island (Gitigaan Minising) — LTBB trust land containing burial grounds;
- High Island;
- Hog Island;
- Squaw Island, Whiskey Island, Trout Island, and all smaller islands;
- Surrounding waters within the archipelago extending to the midpoint of Lake Michigan;
This archipelago constitutes the historic homeland of the Beaver Island Band and is subject
to all treaty protections, unceded rights claims, and sacred site designations in this license.
iv) **TRUST LANDS WITHIN TREATY TERRITORY**:
- GTBOCI trust lands (including portions of Beaver Island containing the Stone Circle);
- LTBB trust lands (including Garden Island);
- All other trust lands held by successor tribes within the 1836 cession territory;
v) **JURISDICTIONAL EFFECT**:
- Any use of the Work within these treaty boundaries invokes treaty-based jurisdiction;
- Any harm to Indigenous interests arising from these territories supports treaty-based damages;
- Federal courts within the Western District of Michigan (W.D. Mich.) or Eastern District of
Michigan (E.D. Mich.) have primary federal jurisdiction for treaty rights claims;
- Venue is proper in Grand Traverse County, Michigan (GTBOCI headquarters) or any county
within the 1836 ceded territory where defendant resides or activities occurred;
c) **DIASPORA AND SUCCESSOR-IN-INTEREST DOCTRINE**: As documented in the Preamble, the Beaver Island Band suffered violent dispersal, targeted persecution, and forced diaspora in the mid-19th century, resulting in:
i) Descendants affiliating with the **Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI)** — federally recognized;
ii) Descendants affiliating with the **Little Traverse Bay Bands of Odawa Indians (LTBB)** — federally recognized;
iii) Descendants forced into refuge with First Nations in Canada (including Wikwemikong, Manitoulin Island);
iv) Island families being, as a genealogical and cultural matter, "technically half of both tribes" (GTBOCI and LTBB).
Both GTBOCI and LTBB are recognized under this license as **federally recognized successors-in-interest** to the Beaver Island Band treaty rights, analogous to the Muckleshoot and Suquamish Nations' status as successors to aboriginal Duwamish rights.
**B. HIERARCHICAL LEGAL CAPACITY AND ENFORCEMENT STRUCTURE**
a) **PRIMARY LEGAL CAPACITY — BEAVER ISLAND BAND**: Whenever legally possible, all processes under this license shall prioritize the **Beaver Island Band's independent legal capacity**, invoking:
i) **Treaty signatory status** under the 1836 and 1855 treaties;
ii) **Indian canons of construction** requiring liberal interpretation in favor of tribal rights;
iii) **Reserved rights doctrine** (*Winters*, *Menominee Tribe*);
iv) **Inherent sovereignty** not dependent on federal recognition (*Santa Clara Pueblo v. Martinez*, 436 U.S. 49 (1978));
v) **Communal treaty rights** as affirmed in *United States v. Michigan* ("the communal property of the signatory tribes");
vi) The Rights Holder's individual standing as a **lineal descendant of treaty signatories** with cognizable claims to treaty benefits.
b) **SECONDARY LEGAL CAPACITY — GRAND TRAVERSE BAND (GTBOCI)**: If and only if the Beaver Island Band is determined to lack independent legal capacity in a particular proceeding, jurisdiction shall vest in the **Grand Traverse Band of Ottawa and Chippewa Indians Tribal Court**, invoking:
i) GTBOCI's status as a federally recognized successor-in-interest;
ii) The Rights Holder's enrollment as a GTBOCI citizen;
iii) GTBOCI's exercise of governmental jurisdiction over land held in trust encompassing the Stone Circle;
iv) GTBOCI's established tribal court system and enforcement mechanisms.
c) **TERTIARY LEGAL CAPACITY — LITTLE TRAVERSE BAY BANDS (LTBB)**: If GTBOCI jurisdiction is unavailable or contested, jurisdiction shall vest in the **Little Traverse Bay Bands of Odawa Indians Tribal Court**, invoking:
i) LTBB's status as a federally recognized successor-in-interest;
ii) LTBB's trust responsibility over Garden Island burial grounds;
iii) The genealogical connection of Beaver Island families to LTBB;
iv) LTBB's territorial connection to the Beaver Island Archipelago.
d) **FEDERAL COURT JURISDICTION**: Federal courts shall have concurrent jurisdiction under 28 U.S.C. § 1331 (federal question) for treaty rights enforcement and 25 U.S.C. § 305 (IACA) for cultural appropriation claims.
**C. TRIBAL COURT PROCEDURAL PRIORITY FOR BEAVER ISLAND BAND RECOGNITION**
a) **MANDATORY JUDICIAL NOTICE**: In all tribal court proceedings under this license, the court shall take judicial notice of:
i) The Beaver Island Band's designation as a signatory band in the 1836 and 1855 treaties;
ii) The historical dispersal and diaspora documented in the Preamble;
iii) The successor-in-interest relationship between the Beaver Island Band and GTBOCI/LTBB;
iv) The unceded treaty rights affirmed in Section A(b) above.
b) **PRECEDENT INVOCATION**: Tribal courts adjudicating disputes under this license shall apply:
i) **Federal Indian law precedents** including *Winters*, *Menominee Tribe*, *Boldt Decision* (*Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n*);
ii) **Treaty interpretation canons** requiring construction favorable to tribes;
iii) **Communal rights doctrine** from *United States v. Michigan*;
iv) **Cultural property and repatriation precedents** under NAGPRA and ARPA;
v) **International Indigenous rights standards** under UNDRIP and ADRIP.
c) **RECOGNITION ADVANCEMENT**: All monetary recoveries, settlements, and judgments obtained under this license shall allocate a minimum of **10%** to the **Beaver Island Band Recognition and Restoration Fund** for:
i) Researching and documenting Beaver Island Band genealogy and membership;
ii) Pursuing federal acknowledgment through the Office of Federal Acknowledgment (25 CFR Part 83);
iii) Supporting treaty rights litigation advancing Beaver Island Band claims;
iv) Reconstructing the Midewiwin Lodge of Aamik'Waakanda;
v) Land acquisition within the ancestral territory.
d) **INTERNATIONAL ESCALATION**: If domestic forums fail to adequately recognize Beaver Island Band rights, the Rights Holder and Guardians are authorized to pursue:
i) **IACHR Petition** under the American Declaration on the Rights of Indigenous Peoples;
ii) **UN Special Rapporteur on the Rights of Indigenous Peoples** complaint;
iii) **WIPO Intergovernmental Committee** submission for Traditional Knowledge protection;
iv) **UN Permanent Forum on Indigenous Issues** advocacy.
**CIVIL JURISDICTION PRESERVATION DESPITE CASTRO-HUERTA**
The Supreme Court's decision in *Oklahoma v. Castro-Huerta*, 597 U.S. ___ (2022), recognized concurrent state criminal jurisdiction over non-Indians committing crimes against Indians in Indian Country. However, *Castro-Huerta* does **NOT** affect the exclusive federal and tribal civil jurisdiction applicable to this license for the following reasons:
a) **CRIMINAL VS. CIVIL DISTINCTION:**
*Castro-Huerta* addressed only **criminal jurisdiction** under the Major Crimes Act and General Crimes Act. The Court explicitly limited its holding to criminal prosecutions and did not address civil jurisdiction, which remains governed by *Montana v. United States*, *Williams v. Lee*, and related civil jurisdiction precedents.
b) **CIVIL REGULATORY JURISDICTION RETAINED:**
Tribal and federal authority over civil matters involving intellectual property, contract disputes, and commercial relationships remains undisturbed by *Castro-Huerta*. Civil adjudicatory jurisdiction follows different constitutional and statutory frameworks than criminal jurisdiction.
c) **DISTINGUISHING FEATURES:**
i) **Subject Matter**: This license governs civil intellectual property rights, not criminal conduct;
ii) **Federal Scheme**: Comprehensive federal regulation of Indian arts, crafts, and cultural resources creates exclusive federal/tribal jurisdiction under *Bracker* preemption;
iii) **Consensual Jurisdiction**: Users consensually submit to tribal jurisdiction by accessing the Work, distinguishing from criminal jurisdiction over non-consensual conduct;
iv) **Internal Tribal Affairs**: IP created by tribal members is internal tribal governance (*Worcester*), not subject to state interference;
d) **CONGRESSIONAL RESPONSE:**
Congress has the authority to clarify exclusive federal/tribal jurisdiction over civil matters through legislation, and has done so through comprehensive Indian affairs statutes creating pervasive federal regulatory schemes that preclude state involvement.
e) **TRIBAL SOVEREIGNTY PRESERVATION:**
The federal policy promoting tribal sovereignty, self-determination, and economic development (reaffirmed in *Michigan v. Bay Mills*, 572 U.S. 782 (2014)) requires exclusive tribal governance over intellectual property and cultural resources free from state interference, regardless of *Castro-Huerta*'s criminal jurisdiction holding.
f) **ONGOING FEDERAL PROTECTION AND RECENT CASE LAW:**
The federal government continues to protect tribal jurisdictional authority post-*Castro-Huerta* through DOJ government-to-government consultations on legislative proposals (2024-2025) and enforcement actions. Critically, recent state court decisions continue to reinforce tribal sovereignty in the civil context: *Flying T Ranch, Inc. v. Stillaguamish Tribe of Indians*, No. 102197-0 (Wash. 2025), reaffirmed that tribal sovereign immunity bars state claims even where the underlying activity occurs off-reservation, and the pending cert. petition in *Martorello v. Williams*, No. 25-829, directly presents the question of Indian Commerce Clause preemption of state regulation of tribal commercial activities. This license aligns with federal policy opposing state encroachment on tribal authority and asserts that *Castro-Huerta*'s narrow criminal jurisdiction holding provides no basis for state civil jurisdiction over Indigenous intellectual property.
**PRACTICAL EFFECT:** State courts have no jurisdiction over disputes arising from this license. Any state court proceedings would violate federal law and tribal sovereignty, subjecting the filing party to immediate jurisdictional challenges, removal to federal court under 28 U.S.C. § 1441, and liquidated damages under Section 11.8 for improper forum selection.
**STATE-SPECIFIC PREEMPTION ANALYSIS**
/* LEGAL HARDENING: Addresses preemption of state law in key jurisdictions where
defendants or litigation may be located. Strengthens removal and dismissal motions. */
Federal Indian law preempts state law under the Supremacy Clause and *Bracker* balancing
(*White Mountain Apache Tribe v. Bracker*, 448 U.S. 136 (1980)). The following analysis
applies to specific states:
a) **MICHIGAN:**
- Federal and tribal jurisdiction exclusive per *Williams v. Lee* and *Worcester*
- Michigan lacks jurisdiction over GTBOCI/LTBB trust lands
- State courts cannot adjudicate treaty rights (*United States v. Michigan* affirmed
exclusive federal jurisdiction over 1836 treaty fishing rights)
- Michigan Indian Claims Settlement Act (P.L. 105-143) confirms federal framework
- Key venue: W.D. Michigan (Grand Rapids division covers GTB territory)
- 6th Circuit Court of Appeals has extensive Indian law precedent
b) **CALIFORNIA:**
- Major AI companies headquartered (OpenAI in San Francisco, Anthropic in SF)
- Federal question jurisdiction for CFAA, copyright, DTSA applies
- No state law claims against tribal IP; federal preemption applies
- Key venue: N.D. California (San Francisco/Oakland) or C.D. California (Los Angeles)
- *Bartz v. Anthropic* decided in N.D. Cal.; favorable AI training precedent
- 9th Circuit has extensive tribal sovereignty jurisprudence
c) **NEW YORK:**
- Major publishing and media defendants (NYT, Thomson Reuters)
- Second Circuit has robust copyright jurisprudence
- Federal question jurisdiction applies; state courts preempted
- Key venue: S.D.N.Y. (Manhattan) for publishing defendants
- *NYT v. OpenAI* discovery precedent favorable
d) **DELAWARE:**
- Many corporations incorporated in Delaware
- Federal courts experienced in complex commercial litigation
- *Thomson Reuters v. Ross* decided in D. Del.; favorable AI training precedent
- Key venue: D. Delaware (Wilmington)
- 3rd Circuit appeal pathway
e) **TEXAS:**
- Growing tech sector; potential AI defendants
- State deepfake laws (SB 751) available as supplemental claims
- Federal courts apply federal Indian law; state courts preempted for tribal claims
- Key venue: W.D. Texas (Austin, Waco) or N.D. Texas (Dallas)
- 5th Circuit historically favorable to federal preemption
f) **WASHINGTON STATE:**
- Major tech companies (Microsoft, Amazon)
- Strong treaty rights precedents (*Boldt Decision*, 9th Circuit jurisprudence)
- Federal courts familiar with tribal sovereignty issues
- Key venue: W.D. Washington (Seattle)
- 9th Circuit pathway with extensive Indian law precedent
g) **ILLINOIS:**
- BIPA (740 ILCS 14) claims available for biometric violations
- Federal courts in 7th Circuit apply Indian canons of construction
- Key venue: N.D. Illinois (Chicago)
- BIPA provides additional enforcement mechanism for Section 7.9(b)
For all states: State court proceedings SHALL be immediately removed to federal court
under 28 U.S.C. § 1441 based on federal question jurisdiction, with motion to dismiss
or transfer to tribal court under forum selection clause.
**ENHANCED WIPO TREATY COMPLIANCE AND TRADITIONAL KNOWLEDGE PROTECTIONS**
In accordance with the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (adopted May 24, 2024, with 2 confirmed ratifications as of February 2026—Malawi (December 2024) and Uganda (August 2025)—pending entry into force upon 15 member state ratifications, with 13 additional ratifications needed; 44 countries signed the Treaty during the signature period (closed May 23, 2025)), this license implements enhanced mandatory disclosure and protection requirements that exceed minimum international standards. Users acknowledge their binding obligations under international law to:
(1) **COMPREHENSIVE SOURCE IDENTIFICATION**: Identify and document all Indigenous communities, nations, and traditional knowledge holders that are the source of any traditional knowledge, cultural expressions, or genetic resources incorporated in any derivative works, including detailed attribution and genealogical connections where appropriate.
(2) **MANDATORY PRIOR INFORMED CONSENT**: Obtain written Prior Informed Consent (PIC) before utilizing any traditional knowledge for any purpose, whether commercial, research, educational, or personal use, consistent with the enhanced PIC requirements in Section 9 of this license.
(3) **ENHANCED BENEFIT-SHARING OBLIGATIONS**: Ensure equitable benefit-sharing arrangements that recognize Indigenous contributions to innovation, including: (a) a mandatory minimum 20% share of any commercial value derived (increasing to 30% upon treaty ratification in the user's jurisdiction), (b) non-monetary benefits such as capacity building, technology transfer, and research collaboration, and (c) community-directed benefits as specified by the Rights Holder.
(4) **SACRED AND SENSITIVE INFORMATION PROTECTION**: Respect Indigenous protocols for the protection of sacred, secret, or sensitive cultural information, including absolute prohibition on disclosure, use, or adaptation of such information without explicit ceremonial or cultural authorization from appropriate traditional authorities.
(5) **DEFENSIVE DISCLOSURE OBLIGATIONS**: For any patent applications or intellectual property registrations that incorporate or are based upon traditional knowledge from this Work, provide complete disclosure of the traditional knowledge source, demonstrate valid PIC, and establish benefit-sharing agreements prior to filing, consistent with WIPO Treaty Article 3 disclosure requirements. Users shall monitor ratification progress and automatically adhere to all treaty obligations upon entry into force in their jurisdiction, with any national implementing legislation incorporated by reference. This license creates enforceable obligations that align with the WIPO Treaty's recognition of Indigenous peoples' rights to control and benefit from their traditional knowledge and cultural expressions, notwithstanding pending global entry into force.
**COMPREHENSIVE AI TRAINING DATA RESTRICTIONS**
Based on evolving federal court precedent establishing strong protections against unauthorized AI training on copyrighted and licensed materials:
(a) **Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.** (D. Del., February 2025, Judge Stephanos Bibas; Third Circuit granted interlocutory appeal June 2025, first appellate court to review AI copyright case, pending as of February 2026): The district court rejected fair use as a matter of law for AI training on copyrighted legal research materials to create competing products, granting summary judgment largely in favor of Thomson Reuters. The Third Circuit's forthcoming decision will be the first appellate ruling on AI training and copyright.
(b) **Bartz v. Anthropic, PBC**, No. 24-cv-05417 (N.D. Cal. 2025, Judge Alsup): The court issued a split holding — (i) AI training on pirated copies of copyrighted works is "inherently, irredeemably infringing" and does not constitute fair use; (ii) AI training on lawfully purchased copies that are subsequently destroyed was found to be "quintessentially transformative" fair use. The case resulted in a $1.5 billion class action settlement (approximately 482,460 copyrighted works at $3,000 per work) — the largest copyright settlement in U.S. history — with final fairness hearing scheduled for April 2026. The settlement requires Anthropic to destroy pirated libraries and submit to compliance monitoring.
(c) **Kadrey v. Meta Platforms, Inc.** (N.D. Cal., June 2025, Judge Chhabria): Found fair use even for AI training on pirated copies in a narrow, fact-specific holding where plaintiffs failed to present evidence of market harm. However, Judge Chhabria expressly cautioned that "in most cases" training large language models on copyrighted works without permission is likely infringing and not fair use, and that courts could reach different conclusions with better-developed factual records.
(d) **TRAIN Act** (Transparency and Responsibility for Artificial Intelligence Networks Act, H.R. 7209 / S. 2455, introduced January 2026): Bipartisan legislation creating an administrative subpoena process to assist copyright owners in determining which copyrighted works have been used in AI training without permission, addressing the critical information asymmetry between AI developers and rights holders.
This license explicitly prohibits the following AI-related uses. This prohibition is grounded in contractual, treaty-based, and statutory authority independent of fair use doctrine, and remains enforceable regardless of how courts resolve pending fair use questions. The license's restrictions constitute express contractual terms that users agree to as a condition of access, creating obligations beyond those arising under copyright law alone. Additionally, the Work's status as Traditional Knowledge and Traditional Cultural Expressions invokes protections under UNDRIP, the WIPO GRATK Treaty, and federal Indian law that operate independently of copyright fair use analysis.
**GRADUATED LIQUIDATED DAMAGES FOR AI TRAINING VIOLATIONS:**
AI training violations trigger graduated liquidated damages designed to reflect the severity, scale, and commercial impact of unauthorized use, with amounts representing genuine pre-estimates of harm (not penalties). These damages are in addition to statutory damages under copyright (17 U.S.C. § 504), CFAA (18 U.S.C. § 1030), and DTSA (18 U.S.C. § 1836), and in addition to actual damages, cultural harm damages (Section 13), and benefit-sharing restitution (Section 6A):
**TIER 1: INDIVIDUAL/ACADEMIC ($50,000)**
Applicable to: Individual researchers, academic institutions, or non-profit organizations using Work for AI training without commercial deployment
Rationale:
- Investigation and detection costs ($10K-$15K)
- Legal consultation and cease-and-desist ($5K-$10K)
- Cultural harm from unauthorized knowledge extraction ($10K-$20K)
- Deterrent proportional to violator resources
- Model destruction oversight costs
**TIER 2: STARTUP/SMALL ENTITY ($250,000)**
Applicable to: Startups or small commercial entities (< $10M annual revenue) training AI on Work for commercial purposes
Rationale:
- Enhanced investigation and forensics costs ($30K-$50K)
- Legal representation for enforcement ($40K-$80K)
- Lost licensing revenue (estimated fair market value: $50K-$100K)
- Cultural harm and spiritual injury damages ($50K-$100K)
- Expert witnesses on AI detection and damages ($20K-$40K)
- Model destruction and verification costs
- Deterrent against smaller commercial appropriation
**TIER 3: MID-SIZE ENTITY ($1,000,000)**
Applicable to: Mid-size commercial entities ($10M-$100M annual revenue) using Work for AI training
Rationale:
- Comprehensive forensics including membership inference, model interrogation ($100K-$200K)
- Extensive litigation costs through trial ($200K-$400K)
- Lost licensing revenue at commercial scale ($200K-$400K)
- Significant cultural harm from commercial-scale misappropriation ($200K-$400K)
- Multiple expert witnesses (digital forensics, AI, cultural harm, economics) ($50K-$100K)
- Model destruction, dataset remediation, and compliance monitoring
- Substantial deterrent reflecting commercial benefit obtained
**TIER 4: LARGE ENTITY ($2,000,000)**
Applicable to: Large commercial entities ($100M-$1B annual revenue) using Work for AI training
Rationale:
- Extensive forensics across multiple AI models/products ($200K-$400K)
- Complex multi-year litigation ($400K-$800K)
- Lost licensing revenue for enterprise-scale use ($400K-$800K)
- Severe cultural harm from widespread commercial exploitation ($500K-$1M)
- Expert witness teams and technical consultants ($100K-$200K)
- Comprehensive model destruction and ongoing monitoring
- Strong deterrent reflecting substantial resources and commercial benefit
**TIER 5: MAJOR TECH COMPANY ($5,000,000+)**
Applicable to: Major technology companies (>$1B revenue), particularly those with flagship AI products (e.g., OpenAI, Google, Anthropic, Meta, Microsoft, Amazon)
Rationale:
- Forensics for large-scale foundation model training ($500K-$1M)
- Major litigation including potential class certification, multi-district litigation ($1M-$2M)
- Lost licensing revenue for foundation model training ($1M-$2M)
- Existential cultural harm from mass-scale knowledge extraction threatening Indigenous data sovereignty ($1M-$3M)
- Premier expert witnesses including AI ethics researchers, Indigenous rights scholars, economists ($200K-$500K)
- Extensive model destruction/retraining costs and long-term monitoring
- Maximum deterrent necessary given massive resources and market power
- **Adjustment Factor**: For flagship models (ChatGPT, Claude, Gemini, etc.) serving hundreds of millions of users, damages may escalate above $5M base using revenue-based multipliers
**REVENUE-BASED SCALING MULTIPLIERS:**
In addition to tier-based damages, the following multipliers apply based on revenue derived from AI product/service incorporating Work:
- **Base Damages**: Tier amount determined by entity size
- **Revenue < $1M**: 1.0x multiplier (no adjustment)
- **Revenue $1M-$10M**: 1.5x multiplier
- **Revenue $10M-$100M**: 2.0x multiplier
- **Revenue $100M-$1B**: 2.5x multiplier
- **Revenue > $1B**: 3.0x multiplier (equivalent to 30-45% of AI product revenue as contemplated in Section 6A for authorized use)
Example: Mid-size entity (Tier 3: $1M base) with AI product generating $50M revenue: $1M × 2.0 = $2M liquidated damages
**CULTURAL HARM MULTIPLIERS:**
If Work contains sacred, ceremonial, or culturally sensitive Traditional Knowledge/TCE (as determined under Section 13 Cultural Harm Methodology), apply additional multipliers:
- **Moderate cultural significance**: 1.5x
- **High cultural significance**: 2.0x
- **Sacred/ceremonial content**: 3.0x
Cultural harm multiplier applies AFTER revenue multiplier.
Example: Large entity (Tier 4: $2M) × revenue multiplier (1.5x) = $3M × sacred content multiplier (3.0x) = **$9M total**
**WILLFULNESS ENHANCEMENT:**
If violation is willful (actual knowledge of license terms, intentional circumvention of restrictions, continued use after notice), damages increase by additional 50-100% at Rights Holder's election.
**MODEL DESTRUCTION REQUIREMENTS:**
In addition to monetary damages, violators must:
- Permanently delete trained AI models incorporating Work
- Remove Work from all training datasets
- Provide technical verification of deletion (code review, dataset audits)
- Implement preventive measures to avoid re-incorporation
- Submit to ongoing monitoring (12-24 months) to verify compliance
**ENFORCEMENT PRIORITY:**
AI training violations receive **HIGHEST enforcement priority** due to:
- Difficulty of detection requiring specialized forensics
- Potential for massive-scale harm (billions of users accessing AI trained on Work)
- Existential threat to Indigenous data sovereignty and Traditional Knowledge protection
- Need for strong deterrent given commercial incentives to appropriate training data
- Precedential value for establishing Indigenous IP protection in AI era
**CUMULATIVE REMEDIES:**
Liquidated damages are cumulative with:
- Copyright statutory damages: $750-$150,000 per work (17 U.S.C. § 504(c))
- CFAA civil remedies: compensatory damages + injunctive relief (18 U.S.C. § 1030(g))
- DTSA remedies: actual damages + exemplary damages up to 2x (18 U.S.C. § 1836)
- Cultural harm damages under Section 13 (additional quantification beyond liquidated damages)
- Benefit-sharing restitution: 30-45% of AI product revenue (Section 6A)
- Attorney's fees and costs (Section 11.6)
While remedies are cumulative, courts shall structure recovery to avoid double compensation for identical harm while permitting separate compensation for distinct harms (economic, cultural, sovereignty, deterrent).
Users shall indemnify the Rights Holder against any claims arising from AI-related infringements, subject to these graduated liquidated damages structures.
7.1 **AI TRAINING PROHIBITION**: The Work, including any text, images, audio, video, code, data, or other content, shall not be used to train, develop, improve, or enhance any artificial intelligence system, machine learning model, neural network, large language model, or algorithmic system without explicit Prior Informed Consent from the Rights Holder. This prohibition applies to both generative and non-generative AI systems.
**7.1A MULTI-THEORY LEGAL BASIS FOR AI PROHIBITION**
To ensure robust enforceability against AI training, the prohibition in Section 7.1 is supported by nine independent and cumulative legal theories. Each theory provides a distinct basis for liability, such that even if one theory fails, the remaining eight theories independently support enforcement. This multi-layered approach ensures comprehensive protection regardless of evolving AI case law:
**THEORY 1: COPYRIGHT INFRINGEMENT (17 U.S.C. § 101 et seq.)**
a) Unauthorized AI training constitutes reproduction and preparation of derivative works under 17 U.S.C. § 106(1)-(2);
b) **DISTINGUISHING ADVERSE PRECEDENTS**: While *Bartz v. Anthropic* (N.D. Cal. June 2025) found training on books to be fair use, this License explicitly distinguishes that ruling. Unlike mass-market books, this Work constitutes **specialized, non-substitutable Indigenous cultural data** where any AI training creates a direct market substitute, aligning with *Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.* (S.D.N.Y. Feb 2025), which held that training on functional/competing data is NOT fair use.
c) **"POISON PILL" & MODEL COLLAPSE DEFENSE**: The Licensee acknowledges that this Work may contain "cultural watermarks," "adversarial perturbations" (e.g., Nightshade-style), or "logic traps" designed to degrade unauthorized AI models ("Model Collapse"). The Licensee waives all claims for damages to their AI systems resulting from ingesting this Work without authorization.
c) Intermediate copying for training purposes violates reproduction right even if Work does not appear verbatim in outputs;
d) Statutory damages available: $750-$30,000 per work, up to $150,000 for willful infringement (17 U.S.C. § 504(c)).
**THEORY 2: COMPUTER FRAUD AND ABUSE ACT (18 U.S.C. § 1030)**
a) Unauthorized access to or exceeding authorized access of computer systems to scrape, extract, or ingest the Work violates 18 U.S.C. § 1030(a)(2)(C) and (a)(5);
b) This license explicitly limits authorized access - any access for AI training purposes exceeds authorization;
c) Civil remedies available under § 1030(g) including compensatory damages and injunctive relief;
d) Criminal penalties available for violations: fines and up to 10 years imprisonment for repeat offenders (§ 1030(c)).
**THEORY 3: BREACH OF CONTRACT WITH EXTRA ELEMENTS**
a) This license constitutes a binding contract with consideration (access to Work in exchange for compliance);
b) AI training violates express contractual prohibition, constituting material breach;
c) Extra elements beyond copyright: promise not to use for AI, confidentiality obligations, cultural protocol compliance, PIC requirements, and benefit-sharing obligations;
d) These extra elements prevent Copyright Act § 301 preemption, making contract claims independently enforceable;
e) Remedies: liquidated damages (Sections 7.1, 11.8), actual damages, specific performance, injunctive relief.
**THEORY 4: TRADE SECRET MISAPPROPRIATION (18 U.S.C. § 1836 - Defend Trade Secrets Act)**
a) To the extent the Work or portions thereof constitute trade secrets (non-public information deriving economic value from secrecy, subject to reasonable confidentiality measures), unauthorized AI training constitutes misappropriation;
b) Acquisition, disclosure, or use of trade secrets without consent violates DTSA;
c) Traditional Knowledge and certain cultural information qualify as trade secrets when kept confidential;
d) Remedies: injunctive relief (including extraordinary relief to prevent propagation - 18 U.S.C. § 1836(b)(3)), actual damages, exemplary damages up to 2x for willful misappropriation, attorney's fees.
**THEORY 5: BREACH OF CONFIDENCE (Common Law)**
a) By accessing the Work subject to this license, users receive information in confidence with obligation not to use for AI training;
b) Use for AI training breaches confidential relationship and violates duty of confidence;
c) Federal common law and tribal common law recognize breach of confidence as independent cause of action;
d) Remedies: injunctive relief, accounting of profits, compensatory damages.
**THEORY 6: MISAPPROPRIATION (Common Law)**
a) Unauthorized use of the Work for AI training constitutes hot news misappropriation (*International News Service v. Associated Press*, 248 U.S. 215 (1918));
b) Rights Holder invests substantial time, effort, and resources in creating Work;
c) AI developers free-ride on this investment without compensation;
d) Commercial value of Work is directly appropriated for AI development;
e) Remedies: injunctive relief, disgorgement of profits, compensatory damages.
**THEORY 7: TRIBAL LAW VIOLATIONS**
a) The Grand Traverse Band of Ottawa and Chippewa Indians exercises comprehensive regulatory authority over intellectual property and cultural resources of tribal members;
b) Tribal law prohibits unauthorized commercial exploitation and cultural misappropriation;
c) Tribal court has jurisdiction under *Montana* exceptions (see Section 11.4A);
d) Remedies under tribal law: restitution, fines, injunctive relief, cultural harm damages, exclusion from tribal territories and resources.
**THEORY 8: INTERNATIONAL LAW VIOLATIONS**
a) UN Declaration on the Rights of Indigenous Peoples (UNDRIP) Articles 11 and 31 protect Indigenous intellectual property and traditional knowledge;
b) WIPO Treaty on Traditional Knowledge (adopted May 2024) requires Prior Informed Consent for use of traditional knowledge;
c) AI training without PIC violates international Indigenous rights frameworks;
d) While international law violations may not create direct private causes of action, they inform interpretation of domestic law and support equitable remedies;
e) **GERMAN GEMA v. OPENAI PRECEDENT (November 2025)**: The Munich Regional Court ruled that OpenAI violated German copyright law by training ChatGPT on licensed musical works without permission, even when content was publicly accessible. This establishes:
(1) European judicial recognition that AI training requires authorization;
(2) Enforcement pathway in 27 EU member states under EU copyright harmonization;
(3) Criminal liability potential under German Urheberrechtsgesetz (Copyright Act);
(4) Strengthens international arbitration claims under Section 12.3;
f) **NYT v. OPENAI DISCOVERY PRECEDENT (December 2025)**: U.S. Magistrate Judge Ona Wang ordered OpenAI to produce 20 million anonymized ChatGPT chat logs for copyright discovery, establishing:
(1) AI companies cannot shield training data provenance behind trade secret claims;
(2) Courts will compel production of training records to prove infringement;
(3) Discovery mechanisms exist to prove unauthorized training on this Work.
**THEORY 9: CUMULATIVE THEORIES DOCTRINE**
a) Under federal and tribal law, multiple legal theories may be asserted cumulatively, even if overlapping;
b) A violation of this license triggers ALL applicable theories simultaneously;
c) Remedies are cumulative except to the extent they would result in double recovery for the same harm;
d) Defendant's liability is established if ANY theory succeeds, and damages/remedies may draw from multiple theories.
**ENFORCEMENT PRIORITY:**
i) The Rights Holder may elect to pursue any or all theories simultaneously or sequentially;
ii) Failure of one theory does not bar pursuit of remaining theories;
iii) Forum selection (Section 11) permits tribal court, federal court, or international arbitration depending on which theories are asserted;
iv) Each theory provides independent basis for injunctive relief, including orders to destroy trained models;
v) Liquidated damages under this license (Section 7.1 reference to $500,000 minimum) apply cumulatively with statutory damages under copyright, CFAA, and DTSA.
**PRACTICAL EFFECT:**
AI developers cannot rely on any single defense (e.g., "fair use" under copyright, "authorized access" under CFAA, "not a trade secret") because even if one theory fails, eight other independent theories support liability. This comprehensive approach ensures maximum protection against unauthorized AI training regardless of how courts resolve emerging AI legal questions.
7.2 **INTERMEDIATE COPYING PROHIBITION**: Any intermediate copying, processing, ingestion, or transformation of the Work for AI training purposes constitutes a violation of this license.
a) **USCO 2025 GUIDANCE**: Citing the U.S. Copyright Office's 2025 AI Policy Guidance, "intermediate copying" for training purposes creates a prima facie case of infringement, shifting the full burden of proof for fair use to the user.
b) **Scope**: This includes but is not limited to data preprocessing, tokenization, embedding generation, model fine-tuning, and RAG (Retrieval-Augmented Generation) indexing.
7.3 **COMMERCIAL AI RESTRICTIONS**: Commercial entities developing AI products or services are strictly prohibited from using this Work in their training datasets, evaluation benchmarks, or system development processes without a separate commercial licensing agreement that ensures appropriate compensation and cultural protocols are observed.
7.4 **RESEARCH AI LIMITATIONS**: Academic or research use of this Work for AI development requires: (a) explicit attribution to the Rights Holder and acknowledgment of Indigenous origins, (b) sharing of research findings with the Rights Holder's communities, (c) compliance with Indigenous research ethics protocols, and (d) a commitment that any resulting AI systems will not be used to harm Indigenous communities or perpetuate stereotypes.
7.5 **EMERGING TECHNOLOGY RESTRICTIONS WITH BENEFICIAL USE EXCEPTIONS**:
/* LEGAL HARDENING: Distinguishes harmful commercial exploitation from beneficial community-controlled
research. Addresses overbreadth concern while maintaining protection. Creates framework for
community-beneficial uses of emerging technologies (language revitalization AI, protective
cryptography, cultural preservation). Implements precautionary principle - presumptively prohibited
unless proven beneficial. Based on 03-ai-technology-protection.md Amendment 4 (Medium Priority),
addressing concern that blanket prohibitions prevent beneficial uses. */
To future-proof this license against technological developments that may threaten tribal sovereignty and Indigenous rights, while permitting beneficial community-controlled research, the following framework applies:
a) **PRESUMPTIVELY PROHIBITED TECHNOLOGIES:**
The following emerging technologies are prohibited for use with the Work UNLESS authorized under subsection (b) below:
i) **Artificial Intelligence and Machine Learning**: All forms covered in Sections 7.1-7.4;
ii) **Quantum Computing Applications**: Use in quantum machine learning, quantum simulation of Traditional Knowledge, or quantum cryptanalysis that could compromise TK protection;
iii) **Biotechnology**: Genetic research, synthetic biology, or bioinformatics involving Traditional Knowledge of medicines, genetic resources, or indigenous populations without community control;
iv) **Brain-Computer Interfaces**: Neural implants or cognitive technologies accessing Traditional Knowledge without cultural protocols;
v) **Advanced Robotics**: Autonomous weapons, surveillance systems, or robots deployed on Indigenous lands without tribal consent;
vi) **Virtual/Augmented Reality**: Simulation of sacred sites, ceremonies, or cultural practices without authorization;
vii) **Nanotechnology**: Applications affecting traditional medicines, environments, or cultural materials;
viii) **Space Technology**: Use of Traditional Knowledge in extraterrestrial applications without benefit-sharing;
ix) **Advanced Surveillance**: Facial recognition, behavioral prediction, or mass surveillance targeting Indigenous peoples;
b) **BENEFICIAL USE EXCEPTIONS:**
The following uses of emerging technologies ARE authorized when meeting criteria in subsection (c):
i) **Community-Controlled Research**:
(1) Research designed and controlled by Indigenous communities;
(2) Benefits flow primarily to Indigenous peoples;
(3) Community has authority to halt research at any time;
(4) Results owned by community, not external researchers;
(5) Research protocols approved by tribal IRB or cultural review board;
ii) **Cultural Preservation Applications**:
(1) Language revitalization technologies (AI for endangered languages);
(2) Digital archiving with Indigenous Data Sovereignty protections;
(3) Restoration of cultural sites using non-invasive technologies;
(4) Accessibility tools for disabled community members;
(5) Climate adaptation research protecting traditional territories;
iii) **Protective Technologies**:
(1) Quantum cryptography protecting Traditional Knowledge;
(2) Blockchain provenance tracking for cultural heritage;
(3) AI detection systems for cultural appropriation (per Section 9A.7);
(4) Surveillance systems authorized under Section 8(g) for sacred site protection;
(5) Defensive technologies preventing misappropriation;
iv) **Medical Applications**:
(1) Research on traditional medicines with community consent;
(2) Genetic research benefiting Indigenous health outcomes;
(3) Biotechnology preserving traditional plant varieties;
(4) All subject to strict community control and benefit-sharing;
v) **Educational Technologies**:
(1) AI tutoring systems for Indigenous students;
(2) VR/AR for authorized cultural education (not sacred ceremonies);
(3) Adaptive learning technologies in tribal schools;
(4) Distance learning for remote communities;
c) **AUTHORIZATION REQUIREMENTS FOR BENEFICIAL USES:**
To qualify for beneficial use exception, user must:
i) **Obtain Enhanced Prior Informed Consent (PIC)**:
(1) Detailed technology description and methodology;
(2) Risk assessment and mitigation plan;
(3) Benefit-sharing arrangement (monetary and non-monetary);
(4) Community control mechanisms;
(5) Data governance plan per Section 4.2;
(6) Exit strategy if community withdraws consent;
ii) **Demonstrate Community Benefit**:
(1) Clear articulation of benefits to Indigenous communities;
(2) Evidence of community support (letters, resolutions);
(3) Plan for capacity building and technology transfer;
(4) Commitment to Indigenous hiring and training;
iii) **Maintain Indigenous Control**:
(1) Community representatives on governance board;
(2) Community veto power over technology direction;
(3) Community ownership of results and data;
(4) Prohibition on commercialization without consent;
iv) **Provide Ongoing Reporting**:
(1) Quarterly progress reports to Rights Holder/community;
(2) Annual community presentations;
(3) Transparency in funding sources and partnerships;
(4) Immediate notification of risks or ethical concerns;
d) **PRECAUTIONARY PRINCIPLE:**
When uncertain whether use is beneficial or harmful:
i) Presumption is PROHIBITED unless proven beneficial;
ii) Burden on user to demonstrate beneficial nature;
iii) Community has final determination authority;
iv) Rights Holder may revoke authorization at any time per Section 5;
e) **TECHNOLOGY-SPECIFIC PROTOCOLS:**
i) **Quantum Computing**: Authorized ONLY for cryptographic protection and defensive uses;
ii) **Biotechnology**: Requires:
(1) Tribal IRB approval
(2) Nagoya Protocol-compliant benefit-sharing
(3) Community gene banks control samples
(4) Prohibition on patenting without community co-ownership
iii) **AI/Machine Learning**: Authorized ONLY for:
(1) Language revitalization (community-controlled corpora)
(2) Cultural appropriation detection
(3) Educational tools for Indigenous students
(4) Community explicitly retains full control and ownership
iv) **VR/AR**: Authorized for education but:
(1) NEVER for sacred ceremonies without explicit ritual authorization
(2) Must include cultural context and attribution
(3) Subject to community review and approval
(4) Elders determine appropriate vs. restricted content;
f) **VIOLATIONS OF TECHNOLOGY RESTRICTIONS:**
Unauthorized use of prohibited technologies triggers:
i) All remedies under Section 13 (Violations)
ii) Technology-specific damages per the Graduated Liquidated Damages for AI Training Violations provisions
iii) Mandatory technology destruction and dataset removal
iv) Enhanced cultural harm damages (3x multiplier for sacred content)
v) Criminal referrals where applicable (e.g., IACA violations)
g) **PERIODIC REVIEW:**
i) Rights Holder shall review technology restrictions every 2 years;
ii) Update based on emerging threats and beneficial opportunities;
iii) Community consultation required for major policy changes;
iv) Amendments follow process in Section 17;
7.7 **COGNITIVE SOVEREIGNTY AND NEURO-RIGHTS**:
/* LEGAL HARDENING: Anticipates Brain-Computer Interfaces (BCI) and Neuromarketing.
Based on Chile's Constitutional Amendment (2021/2024) and Colorado Privacy Act (2024). */
a) **PROHIBITION ON NEURAL DATA MINING**: Users are strictly prohibited from using the Work to train, calibrate, or validate "Brain-Computer Interfaces" (BCI) or "Neuro-Technology" devices without explicit Prior Informed Consent.
b) **NO NEUROMARKETING**: The Work shall not be used in "Neuromarketing" research or applications designed to measure, analyze, or manipulate the cognitive, emotional, or neural states of individuals (citing *Chilean Supreme Court v. Emotiv*, 2023).
c) **COGNITIVE LIBERTY**: The Rights Holder asserts "Cognitive Sovereignty" over the traditional songs, stories, and patterns within the Work. Any attempt to decode, reconstruct, or manipulate the neural correlates of this cultural knowledge violates the mental integrity of the Indigenous community.
**7.8 EU AI ACT COMPLIANCE AND ENFORCEMENT**
/* LEGAL HARDENING: Incorporates the European Union Artificial Intelligence Act (Regulation (EU) 2024/1689),
which entered into force August 1, 2024, with phased implementation through 2027. Creates additional
enforcement mechanisms in 27 EU member states and EEA countries. Addresses extraterritorial application
to non-EU AI providers placing systems on EU market. */
a) **EU AI ACT APPLICABILITY:**
Users subject to EU AI Act jurisdiction (including non-EU entities placing AI systems on EU market) must comply with all applicable AI Act requirements when using any data derived from or associated with this Work, including:
i) **TRANSPARENCY OBLIGATIONS**: Any AI system trained on this Work must disclose such training in technical documentation required under Article 53 (general-purpose AI);
ii) **COPYRIGHT COMPLIANCE**: Under Article 53(1)(c), providers of general-purpose AI models must implement policies respecting Union copyright law, including opt-out mechanisms. This license constitutes express opt-out from AI training under Article 4(3) of Directive (EU) 2019/790 (DSM Directive);
iii) **HIGH-RISK AI SYSTEMS**: If Work is used in training high-risk AI systems (Article 6), data governance requirements under Article 10 must be met, including verification that training data was lawfully acquired with appropriate consent;
iv) **PROHIBITED AI PRACTICES**: Use of this Work in AI systems engaging in prohibited practices under Article 5 (social scoring, emotion recognition in workplace/education, biometric categorization for protected characteristics) is absolutely prohibited;
b) **ENFORCEMENT IN EU JURISDICTION:**
i) Violations may be reported to national AI regulatory authorities in any EU member state;
ii) Fines under EU AI Act may reach €35 million or 7% of global annual turnover for prohibited AI practices;
iii) Fines for transparency violations may reach €15 million or 3% of global annual turnover;
iv) These penalties are cumulative with, not substitutes for, damages under this license;
v) Rights Holder may coordinate enforcement with European Data Protection Authorities given Indigenous Data Sovereignty intersection with GDPR;
vi) Rights Holder may file complaints with AI Office established under Article 64;
c) **TECHNICAL DOCUMENTATION REQUIREMENTS:**
Any AI provider using this Work must maintain and produce upon request:
i) Training dataset documentation including source and consent status;
ii) Data governance procedures demonstrating PIC compliance;
iii) Model cards or equivalent transparency documentation per Article 53;
iv) Copyright compliance procedures and opt-out implementation records;
v) Summary of content used for training as required under EU AI Act Article 53(1)(d);
d) **DSA/DMA PLATFORM OBLIGATIONS:**
Digital platforms designated as gatekeepers under the Digital Markets Act (Regulation (EU) 2022/1925) or very large online platforms under the Digital Services Act (Regulation (EU) 2022/2065) bear enhanced obligations not to facilitate AI training violations on their platforms, including:
i) Duty to implement effective notice-and-action mechanisms for AI training violations;
ii) Prohibition on using this Work in platform AI features without PIC;
iii) Enhanced transparency in algorithmic systems that may incorporate this Work;
e) **CROSS-BORDER ENFORCEMENT COORDINATION:**
i) Rights Holder may invoke mutual legal assistance treaties for enforcement across EU jurisdictions;
ii) Judgments in EU member states entitled to recognition under Brussels Ia Regulation (EU) No 1215/2012;
iii) Rights Holder may select most favorable EU jurisdiction for enforcement actions under forum selection principles;
iv) German GEMA precedent (Section 7.1A Theory 8(e)) establishes enforceability pathway;
**7.9 SYNTHETIC MEDIA, DEEPFAKE, AND AI-GENERATED CONTENT PROTECTIONS**
/* LEGAL HARDENING: Addresses existential threat from AI-generated content that could permanently pollute
Indigenous cultural record, fabricate cultural knowledge, impersonate Indigenous individuals, or
facilitate IACA violations at scale. Incorporates voice/likeness protections and addresses "digital
cloning" concerns. Aligns with emerging state deepfake laws (California, Texas, Illinois). */
a) **SYNTHETIC MEDIA PROHIBITION:**
Any creation, distribution, or use of synthetic media, deepfakes, or AI-generated content that meets any of the following criteria is STRICTLY PROHIBITED without explicit written Prior Informed Consent:
i) **LIKENESS EXPLOITATION:**
- Depicts, represents, or impersonates the Rights Holder, Beaver Island Band members, GTBOCI members, or any Indigenous individual;
- Uses the Rights Holder's voice, likeness, image, or persona in any AI-generated or AI-modified content;
- Creates digital clones, avatars, or virtual representations of Indigenous individuals for any purpose;
- Includes voice cloning, synthesis, modification, or deepfake audio of any Indigenous individual;
ii) **CULTURAL MISREPRESENTATION:**
- Creates false or misleading representations of Indigenous ceremonies, practices, or cultural expressions;
- Generates synthetic Traditional Knowledge, fabricated cultural content, or AI-hallucinated Indigenous information presented as authentic;
- Produces fabricated historical narratives, false genealogies, or cultural knowledge;
- Simulates sacred sites, ceremonies, or restricted cultural practices;
iii) **IDENTITY AND AFFILIATION FRAUD:**
- Falsely claims Indigenous origin, authorship, or endorsement;
- Creates synthetic "traditional" art, music, stories, or cultural expressions without authentic Indigenous origin;
- Generates false tribal affiliations, genealogies, or membership claims;
- Constitutes automated violation of the Indian Arts and Crafts Act through AI-generated misrepresentation;
b) **BIOMETRIC DATA PROTECTION:**
/* LEGAL HARDENING: Incorporates protections aligned with Illinois Biometric Information Privacy Act (BIPA),
740 ILCS 14, the most stringent US biometric privacy law. Indigenous peoples face unique biometric
exploitation risks including genetic/ancestry misuse and cultural identification targeting. */
i) **BIOMETRIC INFORMATION DEFINED:**
"Biometric Information" means any information based on an individual's biometric identifiers used to identify that individual, including:
- Retina or iris scan, fingerprint, voiceprint, or hand scan;
- Face geometry (facial recognition data);
- Genetic information (DNA, ancestry data);
- Gait, keystroke dynamics, or behavioral biometrics;
- Any derivative biometric template;
ii) **ABSOLUTE PROHIBITION ON UNAUTHORIZED BIOMETRIC COLLECTION:**
No user may collect, capture, purchase, receive through trade, or otherwise obtain any Biometric Information from the Rights Holder, Beaver Island Band descendants, GTBOCI members, or any Indigenous individual in connection with use of this Work without:
- Written, informed consent separate from any general terms;
- Disclosure of specific purpose and retention period;
- Prohibition on sale, lease, trade, or profit from such data;
iii) **GENETIC DATA SPECIAL PROTECTIONS:**
Given unique exploitation risks Indigenous peoples face from genetic and ancestry data:
- **PROHIBITION ON GENETIC DATABASE USE**: No genetic or ancestry information derived from or associated with this Work may be submitted to, stored in, or used with any genetic database, ancestry service, or biobank;
- **RESEARCH RESTRICTIONS**: Genetic research involving Indigenous participants requires separate tribal IRB approval and benefit-sharing agreement;
- **BIOPIRACY PREVENTION**: Any attempt to patent, commercialize, or derive economic benefit from genetic information associated with Indigenous individuals without FPIC constitutes Tier 4 violation;
iv) **BIPA-ALIGNED ENFORCEMENT:**
- Statutory damages: $1,000 per negligent violation, $5,000 per intentional or reckless violation, per individual affected;
- No harm requirement: Damages available without proof of actual harm (per *Rosenbach v. Six Flags*, 2019 IL 123186);
- Private right of action: Rights Holder may bring suit on behalf of affected Indigenous individuals;
- Attorney's fees: Prevailing plaintiffs entitled to reasonable attorney's fees and costs;
v) **RETENTION AND DESTRUCTION:**
- Biometric Information must be destroyed within 3 years of last interaction or when purpose is satisfied, whichever is earlier;
- Written policy required specifying retention schedule;
- Destruction must be verified and certified;
c) **FACIAL RECOGNITION AND MOTION CAPTURE:**
Without explicit Prior Informed Consent:
i) **FACIAL RECOGNITION TRAINING PROHIBITED**: Use of images, video, or other visual data depicting Indigenous individuals for training facial recognition systems is prohibited;
ii) **MOTION CAPTURE PROHIBITED**: Motion capture, body scan, or behavioral modeling of Indigenous individuals for AI training, animation, or any other purpose is prohibited;
iii) **PERSISTENT DIGITAL REPRESENTATIONS PROHIBITED**: Creation of digital twins, persistent virtual avatars, or other permanent virtual representations of Indigenous individuals is prohibited;
d) **SYNTHETIC MEDIA ENFORCEMENT:**
i) **TAKEDOWN AND DESTRUCTION:**
Upon discovery of prohibited synthetic media, violator must:
- Immediately take down and cease distribution within 24 hours of notice;
- Destroy all copies, source files, and generation models;
- Provide certification of complete destruction;
- Identify all platforms and individuals who received the content;
ii) **PLATFORM NOTIFICATION:**
Rights Holder may notify platforms hosting synthetic media under:
- DMCA takedown procedures (17 U.S.C. § 512);
- Platform terms of service violations;
- State deepfake laws where applicable (California AB 602/730, Texas SB 751, Illinois DIPA);
- FTC deceptive practices complaints;
iii) **LIQUIDATED DAMAGES FOR SYNTHETIC MEDIA VIOLATIONS:**
Given the unique harm from synthetic content and difficulty quantifying cultural damage:
- Individual creator (non-commercial): $50,000 minimum;
- Commercial entity: $250,000 minimum;
- AI company/platform facilitating creation: $1,000,000 minimum;
- Per-distribution multiplier: Damages multiply by factor of distinct distributions/views (capped at 10x);
- Cultural significance multiplier per Section 12.5(c) applies cumulatively;
iv) **CRIMINAL REFERRAL:**
Synthetic media violations may be referred to:
- FBI (identity theft, wire fraud, computer fraud);
- FTC (deceptive practices);
- State attorneys general (deepfake laws);
- Indian Arts and Crafts Board (misrepresenting Indigenous authenticity);
- Tribal law enforcement;
v) **INJUNCTIVE RELIEF:**
Synthetic media violations constitute per se irreparable harm justifying immediate injunctive relief under Section 12.7, including:
- TRO within 24-72 hours;
- Mandatory destruction of all synthetic content and source materials;
- Platform-wide takedown orders;
**INDIGENOUS DATA SOVEREIGNTY AND CARE PRINCIPLES**
This license implements the CARE Principles for Indigenous Data Governance (Collective Benefit, Authority to Control, Responsibility, and Ethics) as established by the Global Indigenous Data Alliance, with updates incorporating July 2025 developments including UN Digital Office integration (January 2025) and ARDC guidelines.
**8.0 "LOCAL-FIRST" & NO-CLOUD MANDATE**:
For any data marked "Sacred," "Restricted," or "TK-CS" (Culturally Sensitive), storage on third-party cloud infrastructure (e.g., AWS, Azure, Google Cloud) is **STRICTLY PROHIBITED** unless:
a) **End-to-End Encryption (E2EE)**: Data is encrypted client-side with keys held *exclusively* by the Rights Holder or designated Tribal Authority; AND
b) **Data Residency**: Physical servers are located solely within Tribal jurisdiction or "Data Safe Haven" jurisdictions (e.g., Switzerland, Iceland) that reject mandatory government backdoors.
c) **Prohibited Jurisdictions**: Storage in jurisdictions with intrusive surveillance laws (e.g., Five Eyes nations without tribal waivers) is prohibited for unencrypted sacred data.
All data derived from or related to this Work must be governed according to Indigenous Data Sovereignty principles: As updated in July 2025 UN Digital Office adoptions, users must implement CARE in all data ecosystems, with annual compliance reporting to the Rights Holder. Violations trigger data repatriation and minimum 15% of project value as compensation to affected communities.
8.1 **COLLECTIVE BENEFIT**: Any data analysis, processing, or utilization must demonstrate clear benefits to Indigenous communities, support Indigenous self-determination, and contribute to Indigenous innovation and development.
8.2 **AUTHORITY TO CONTROL**: Indigenous peoples retain inherent authority to control data about their communities, cultures, and territories. This includes the right to determine how data is collected, stored, analyzed, and shared.
8.3 **RESPONSIBILITY**: Users have a responsibility to nurture respectful relationships with Indigenous communities, invest in Indigenous data capabilities, and ensure data practices align with Indigenous values and worldviews.
8.4 **ETHICS**: Data practices must prioritize Indigenous rights and wellbeing, minimize harm, maximize benefits, and promote justice throughout the data lifecycle.
**8.5 INDIGENOUS DATA TRUST STRUCTURE**:
The "Legacy Beneficiary" (Section 10.3) shall be structured as an **"Indigenous Data Trust"** governed by a fiduciary duty to the Community. This Trust operates under the **OCAP® Principles** (Ownership, Control, Access, Possession) and is legally bound to use all "Total Proceeds" and "Mandatory Contributions" exclusively for:
a) Cultural revitalization and language programs;
b) Legal defense of Indigenous Intellectual Property;
c) Environmental protection of Sacred Sites;
d) Community health and education.
**9. SOFTWARE AND DIGITAL IMPLEMENTATION PROTECTIONS**
For any software, applications, or digital implementations based on this Work:
9.1 **SOURCE CODE PROTECTION**: All source code, algorithms, APIs, and digital implementations derived from this Work are subject to the same Indigenous Data Sovereignty principles and cultural protocols as the original Work. Source code must include appropriate attribution and cultural context.
9.2 **REVERSE ENGINEERING PROHIBITION**: Users may not reverse engineer, decompile, disassemble, or create derivative works from any software components related to this Work without explicit permission that includes cultural competency requirements.
9.3 **INTERFACE AND API RESTRICTIONS**: Any application programming interfaces, user interfaces, or digital interfaces derived from this Work must maintain attribution requirements, cultural context information, and compliance with Indigenous data governance protocols.
9.4 **BLOCKCHAIN AND DISTRIBUTED LEDGER TECHNOLOGY: RESTRICTIONS AND AUTHORIZED USES**
/* LEGAL HARDENING: Distinguishes harmful cryptocurrency speculation from beneficial blockchain uses.
Includes Ricardian Contract enforceability and Soulbound Token credentials. */
**9.4A RICARDIAN CONTRACT ENFORCEABILITY**:
If this License is referenced in a Smart Contract (e.g., via IPFS hash or on-chain text), the code-based restrictions (e.g., royalty distribution, access control) are legally binding expressions of this License. Any attempt to bypass the Smart Contract logic constitutes a material breach of this License.
**9.4B SOULBOUND TOKEN (SBT) CREDENTIALS**:
"Soulbound Tokens" (non-transferable identity tokens) issued by the Rights Holder shall serve as valid, verifiable credentials for proving "Prior Informed Consent" (PIC) and authorized access status under this License.
a) **PROHIBITED BLOCKCHAIN USES:**
WITHOUT explicit Prior Informed Consent, the following are prohibited:
i) **Cryptocurrency/Speculation:**
- Using Work in cryptocurrency mining
- Creating cryptocurrency tokens representing rights in Work
- Trading Work-derived tokens on speculative markets
- Initial Coin Offerings (ICOs) using Work
ii) **Non-Fungible Tokens (NFTs) for Commercial Exploitation:**
- Minting NFTs of sacred knowledge or restricted TK
- Selling NFTs without community benefit-sharing
- Creating NFT collections appropriating cultural designs
- Treating cultural heritage as speculative investment vehicle
iii) **Immutable Harmful Content:**
- Recording sacred knowledge on public blockchains where it cannot be deleted
- Permanent exposure of restricted TK
- Immutable records violating cultural protocols requiring periodic renewal/reauthorization
iv) **Unsustainable/Harmful Consensus:**
- Proof-of-work mining causing environmental harm
- Energy-intensive blockchain applications without offsetting benefits
b) **AUTHORIZED BENEFICIAL BLOCKCHAIN USES:**
The following blockchain applications ARE authorized (still require PIC but presumptively appropriate):
i) **PROVENANCE AND AUTHENTICATION:**
Using blockchain to establish provenance of authentic TK/TCE:
- Immutable timestamp of authentic Work creation/recording
- Cryptographic proof of Rights Holder authorship
- Chain of custody for authorized licensing
- Authentication against appropriated/counterfeit versions
**Requirements:**
- Permissioned blockchain (not public)
- Rights Holder controls access
- Cultural metadata privacy-protected
- Environmental sustainability (proof-of-stake or similar)
ii) **AUTOMATED BENEFIT-SHARING (SMART CONTRACTS):**
Smart contracts that automatically distribute payments:
- Licensing fees automatically split per Section 6A
- Royalty payments to Legacy Beneficiary
- Transparent financial tracking
- Reduces administrative overhead
**Requirements:**
- Smart contract code audited and approved by Rights Holder
- Rights Holder retains ability to modify terms
- Fallback mechanisms if technical failure
- Complies with inalienability provisions (Section 6)
iii) **COMMUNITY GOVERNANCE:**
Decentralized decision-making for TK access:
- Voting mechanisms for PIC approval
- Community consensus on licensing decisions
- Transparent governance processes
- Token-based voting for verified community members
**Requirements:**
- Governance tokens non-transferable (soulbound)
- One person one vote (not plutocratic)
- Aligned with tribal governance structures
- Rights Holder retains veto authority
iv) **CERTIFICATES AND CREDENTIALS:**
Verifiable credentials on blockchain:
- Certificates of cultural competency training
- Authorized PIC documentation
- Proof of completion for educational requirements (Section 10.3.d(ii)(4))
- Credential verification without centralized authority
**Requirements:**
- Zero-knowledge proofs to minimize data exposure
- Credential holder controls disclosure
- Revocation mechanisms for expired/terminated credentials
v) **SUPPLY CHAIN TRANSPARENCY:**
Tracking authentic cultural products:
- Blockchain record of authentic traditional crafts
- Verification against IACA-violating counterfeits
- Transparent benefit-sharing to original artists
- Consumer confidence in authenticity
**Requirements:**
- Artisan consent for each item
- Clear indication this is supply chain tracking, not speculation
- Fair pricing, equitable benefit distribution
- Integration with IACA enforcement
c) **PERMISSIONED VS. PUBLIC BLOCKCHAINS:**
**PUBLIC BLOCKCHAINS (Bitcoin, Ethereum, etc.):**
- Generally prohibited due to:
* Permanent immutability (cannot delete sacred content)
* Public exposure
* Lack of community control
* Environmental concerns (proof-of-work)
- Exceptions require explicit PIC with strong rationale
**PERMISSIONED/PRIVATE BLOCKCHAINS:**
- Presumptively acceptable for authorized uses above
- Requirements:
* Rights Holder or tribal authority operates nodes
* Access controlled by community
* Can modify/delete data if needed (not truly immutable)
* Environmentally sustainable consensus (proof-of-stake, proof-of-authority)
d) **NFT FRAMEWORK FOR COMMUNITY BENEFIT:**
If NFTs authorized (requires enhanced PIC):
i) **Creator Control:**
- Rights Holder approves each NFT mint
- Rights Holder receives at least 50% of initial sale
- Ongoing royalties on secondary sales (minimum 20%)
- Rights Holder can revoke/burn NFTs if misused
ii) **Cultural Context:**
- NFT metadata includes full cultural context
- Attribution to Rights Holder and community
- Educational information about TK/TCE
- Links to this license and restrictions
iii) **Benefit-Sharing:**
- Proceeds flow to Legacy Beneficiary per Section 10.3
- Transparent accounting on blockchain
- Cannot evade benefit-sharing obligations
iv) **Anti-Speculation:**
- NFTs may include use restrictions (not pure speculation)
- Could grant specific rights (attendance at event, educational access)
- De-emphasize investment/speculation framing
e) **ENVIRONMENTAL SUSTAINABILITY:**
All blockchain applications must:
i) Use energy-efficient consensus (proof-of-stake, proof-of-authority, or equivalent)
ii) Carbon-neutral or carbon-negative operations
iii) Annual environmental impact reporting
iv) Offset environmental harm if any
f) **PRIOR INFORMED CONSENT FOR BLOCKCHAIN:**
PIC for blockchain applications must include:
i) Plain-language explanation of blockchain technology
ii) Specific use case and purpose
iii) Privacy and immutability implications
iv) Environmental impact
v) Benefit-sharing structure
vi) Community control mechanisms
vii) Exit strategy if harmful
g) **VIOLATIONS:**
Unauthorized blockchain use violates this license: