@strypey Great notes / quotes below from paper about:

█ Indigenous rights
(Māori, NZ)
█ Creative Commons
(see my previous post for info)
█ Lot of 'that's it' type problems that basically effect / rule us all - and solutions needed for each.

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My Best 2 Quotes:
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1 █ "What indigenous peoples need is respect for their collective privacy, and a way of sharing their practical knowledge, while perpetually maintaining their moral rights, and ensuring that their descendants benefit from the fruits of that sharing."

2 █ "One of the major differences is the understanding of ownership as being primarily about control and profit (Western), as opposed to belonging and responsibility to past and future generations (mātauranga)."

General context about:
https://en.wikipedia.org/wiki/Tangata_whenua

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The following below seriously blew me away and highlighted the culture cling-film wrap we've been encapsulated in and list of things to consider in keeping or creating ANYTHING.
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( spaced out a bit to show why each point )

"...according to CC founder Lawrence Lessig (4), audiences and other artists are increasingly one and the same, the goals of CC go beyond merely depenalising the free sharing of cultural works.

The broader vision is about liberating culture from the sterile cell blocks of exclusive ownership, without doing away with any notion of ownership altogether as the anti-copyright movement advocates (5). "

"There are certainly examples of indigenous individuals and projects using CC licences in similar ways, for example on TangataWhenua.com, but how could the CC strategy of modifying copyright be useful to indigenous peoples as culturally distinct groups, requiring a special licence?"

"One possible answer to the question of why an indigenous license was proposed is the inclusion of the CC framework in the NZ Digital Strategy, as a proposed substitute for Crown Copyright."

"Our inherited European philosophy of knowledge (for this discussion, I use the term 'Western' philosophy), with its focus on categorisation, can be traced back at least as far as Aristotle in ancient Greece (8). It breaks knowledge into packets of information assets, assigns them to isolated hierarchies, and divides access to them into two broad domains - private and public."

" three kete (baskets) of knowledge in the tauparapara (incantation) of Tane's ascension to commune with Io (a personification of the "parentless source") in Te Tihi-o-Manono: "te kete-tuatea (basket of light), te kete-tuauri (basket of darkness) and te kete-aronui (basket of pursuit). There are several interpretations of what each basket represents. The scholar Māori Marsden has suggested that the basket of light is present knowledge, the basket of darkness things unknown, and the basket of pursuit is the knowledge humans currently seek", says Taonui in Te Ara (9)"

""The Big Three are also Sir Karl Popper's three worlds - objective (it), subjective (I), and cultural (we). And the Big Three are Habermass' three vailidity claims: objective truth, subjective sincerity, and intersubjective justness" (10)."

"One of the major differences is the understanding of ownership as being primarily about control and profit (Western), as opposed to belonging and responsibility to past and future generations (mātauranga).

The Western approach assumes that there are two possible ways of owning information; privately - owned by a legal person, a human being or an incorporated entity like a company or trust; and publicly - owned by society, as represented by a formal government, usually a nation-state."

To quote the Mataatua Declaration,
"...Indigenous Peoples are capable of managing their traditional knowledge themselves, but are willing to offer it to all humanity provided their fundamental rights to define and control this knowledge are protected by the international community" (13)."

"Applying the quadrants to human knowledge gives us four domains; personal privacy (interior individual), sacred customs (interior collective), personal reputation (exterior individual), and the public domain (exterior collective)."

"What indigenous peoples need is respect for their collective privacy, and a way of sharing their practical knowledge, while perpetually maintaining their moral rights, and ensuring that their descendants benefit from the fruits of that sharing."

"...trade secrets are primarily about competitive advantage, whereas sacred knowledge is about the reinforcement of identity."

" Creative New Zealand recently cut funding to this project, citing the lack of a 'viable business model'. "Creative New Zealand has conducted several reviews of Toi Iho™ since its inception and a consistent theme was that while the ideas underpinning the brand have considerable merit, it has failed to deliver on its promise in terms of increasing sales of Māori art by licensed artists and stockists (retailers)." (16) The value and success of Toi Iho is judged here in purely monetary terms, regardless of its effects on the pride and mana (self-esteem and social recognition) of Māori artists, or its contribution to the public discussion about the authenticity of indigenous art. "

"The cutting irony here is that because Toi Iho works under trademark law, a legal 'person' must own it. Tangata whenua are required to fit themselves into a structure that suits the pākehā legal system before they can take control of a conceptual system created by Māori, for Māori cultural protection, "

"The words of Ka Mate entered the public domain 50 years after his death. In that case, whether copyright was all-rights-reserved or some kind of CC licence is quite irrelevant. Yet, to assume that the haka is simply an authored commodity, equivalent to a commercial pop song, fundamentally misunderstands its nature."

"According to Archer's interpretation, the authorship of Ka Mate was a gradual process of remix and reinterpretation, and to grant a monopoly on it to representatives of one iwi is therefore to deny the traditional usage and shared kaitiakitanga of other iwi."

"This nationalisation of the cultural commons of all peoples living on the islands claimed as territory by the Indonesian state was a massive confiscation of collective property, "

"The fundamental purpose of Mäori law, as the Waitangi Tribunal has noted, is to maintain appropriate relationships of people to their environment, to their history and to each other.

In relation to information law, patent regimes that encourage the devalutation or even criminalisation of homegrown medicine and traditional healing arts, in favour of the commodification of patentable pharmaceuticals, fail this test. "

"The purpose was not to elevate the individual but to build the community."

"This is where the 'Share-Alike' condition of the CC framework may find a place, indicating that these obligations are passed on with the knowledge, "

"We might have to argue in defence of aspects of our personal privacy as society and technology change, but we don't first have to establish the *concept* of personal privacy. We might have to argue for the defence or expansion of the public domain, but we don't have to prove it isn't a unicorn first, and that all knowledge isn't privately owned."

"After experience like the cancelling of Toi Iho, tangata whenua active in this field may be skeptical of any framework that derives from Western epistemology and Pākehā law, and depends on state funding."

"CC licenses distinguish between issues of; copying (allowed in all licences), attribution (BY in all licences), commercial use (NC if commercial use disallowed), creation of derivatives (ND if derivatives not allowed), obligations to receivers of copies or derivative versions (SA if obligations are passed on). CC also has a role in educating about the implications of 'moral rights', and limitations on copyright monopolies, including fair use, and copyright duration."

"CC also offers a model of knowledge ownership that is compatible with free sharing, which can inform the development of a model where indigenous people can both assert their moral rights as custodians of their traditional knowledge, and gift it to the wider human society where appropriate."

"...widespread understanding of Tikanga, as the first law of Aotearoa, and a genuine desire for to provide justice and utu (reciprocity) for the many benefits modern New Zealand has gained from tangata whenua."

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Seriously blew me away and highlighted the culture cling-film wrap we've been encapsulated in and list of things to consider in keeping or creating ANYTHING.

Lots of well said or precise stuff here.
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References
(1) Free Software Foundation. What is Copyleft?. 2010-01-08. URL:http://www.gnu.org/copyleft/.

(2) Free Software Foundation. The Free Software Definition. 2010-11-12. URL:http://www.gnu.org/philosophy/free-sw.html.

(3) Vollmer, Timothy. CC Talks With: WikiEducator’s Wayne Mackintosh: Open Education and Policy. 2010-06-23. URL:http://creativecommons.org/weblog/entry/22470.

(4) Lessig, Lawrence. Creatives face a closed Net. Financial Times. 2005-12-28. URL:http://www.ft.com/cms/s/2/d55dfe52-77d2-11da-9670-0000779e2340.html#axzz16uC9vKEO.

(5) Anti-Copyright. URL:http://www.anticopyright.com/.

(6) Pistacchi, Ann Katherine. Spiraling Subversions: The Politics of Māori Cultural Survivance in the Critical Fictions of Patricia Grace, Paula Morris, and Kelly Ana Morey. University of Auckland. 2009. URL:http://researchspace.auckland.ac.nz/handle/2292/4528.

(7) Ministry for Culture and Heritage. Te Ara Copyright Notice. URL:http://www.teara.govt.nz/copyright.

(8) Hooker, Richard. Greek Philosophy: Aristotle. Washington State University. 1996. URL:http://www.wsu.edu/~dee/GREECE/ARIST.HTM.

(9) Taonui, Rāwiri . Ranginui – the sky - Ranginui as knowledge and life. Te Ara - the Encyclopedia of New Zealand. 2009-03-02. URL:http://www.teara.govt.nz/en/ranginui-the-sky/2.

(10) Wilbur, Ken. A Brief History of Everything (Revised Edition). Shambhala Publications. 2000-12. URL:http://www.shambhala.com/html/catalog/items/isbn/978-1-57062-740-8.cfm.

(11) Stallman, Richard. Thus Spake Stallman. Slashdot.org. 2002-03. URL:http://slashdot.org/interviews/00/05/01/1052216.shtml

(12) Shroff, Marie. Speech Notes for 33rd Forum of APPA Open Forum: “Privacy and Society” The Experience in New Zealand . Privacy Commissioner. 2010-06-04. URL:http://privacy.org.nz/assets/Files/Speeches-presentations/Speech-Notes-for-33rd-APPA-Forum-Open-Forum-on-Privacy-and-Society-Darwin-3-4-June-2010.doc .

(13) Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples. First International Conference on the Cultural and Intellectual Property Rights of Indigenous Peoples. 1993-06. URL: http://www.wipo.int/tk/en/databases/creative_heritage/indigenous/link0002.html .

(14) NZPA. Iwi wants Ka Mate haka in settlement for protection. National Business Review. 2009-02-11. URL:http://www.nbr.co.nz/article/iwi-wants-ka-mate-haka-settlement-protection-49002.

(15) Toi Iho - Māori Made. About Us. URL:http://toiiho.com/Aboutus/tabid/249/Default.aspx.

(16) Māori Arts Services, Creative New Zealand. Statement on Toi Iho™. . 2010-12-02. URL:http://www.creativenz.govt.nz/funding/toi_iho%E2%84%A2_maori_made_mark

(17) Creative Nz Agrees To Transfer Maori Trademark - Toi Iho Tm. Voxy. 2010-05-21. URL:http://www.voxy.co.nz/national/creative-nz-agrees-transfer-maori-trademark-toi-iho-tm/5/49511.

(18) Archer, John. Ka Mate: Ancient Origins. NZ Folksong. 2008-09. URL:http://folksong.org.nz/ka_mate/9ancient_origins.html.

(19) Social Science Research Council. The \'Propertization\' of Traditional Arts in Indonesia. URL:http://www.ssrc.org/programs/the-propertization-of-traditional-arts-in-indonesia/.

(20) Mikaere, Ani. Are we all New Zealanders now? A Mäori response to the Päkehä quest for indigeneity.. Bruce Jesson Foundation. 2004. URL:http://brucejesson.com/item/2008/07/bruce-jesson-memorial-lecture-2004---professor-ani-mikaere .

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"Tangata whenua" is a Māori term that translates to "people of the land". It can refer to either a specific group of people with historical claims to a district, or more broadly the Māori people as a whole.

https://en.wikipedia.org/wiki/Tangata_whenua

#Maori #Tangatawhenua #Indigenous #rights
#ethnic #people #NZ#History #Culture #Politics
#Sovereignty #Tech #Disconnect