@nbiish/cognitive-tools-mcp
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Cognitive Tools MCP: SOTA reasoning suite focused on iterative refinement and tool integration for AI Pair Programming. Enables structured, iterative problem-solving through Chain of Draft methodology, with tools for draft generation, analysis, and refine
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Copyright © 2025 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).
COMPREHENSIVE RESTRICTED USE LICENSE FOR INDIGENOUS CREATIONS WITH TRIBAL SOVEREIGNTY, DATA SOVEREIGNTY, AND WEALTH RECLAMATION PROTECTIONS
**PREAMBLE**
This Work (defined below) is created, held, or stewarded 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), a descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band (whose community faced violent dispersal resulting in descendants affiliating with LTBB, GTBOCI, and First Nations in Canada, as detailed in the Preamble), and an enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians. 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. **Crucially, this license recognizes that all creations by the Rights Holder, stemming from lifelong learning under traditional teachers and active participation in traditional ways and ceremonies, constitute contemporary expressions of inseparable Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs).** 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).
**LEGAL INNOVATION AND INTENT**
This license is deliberately created as a precedent-setting legal instrument intended to establish a sui generis framework that bridges multiple legal traditions and explicitly recognizes the inherent interconnection between intellectual property rights and Traditional Knowledge Expressions. The Rights Holder, drawing upon expertise derived from both Western legal principles (including digital forensics and Indigenous legal systems) and traditional Anishinaabe knowledge systems acquired through lifelong learning and practice, intends for this document to serve as both a protective mechanism and a transformative contribution to legal discourse. This document reflects a deliberate fusion of traditional Anishinaabe legal principles with Western intellectual property concepts to create a more comprehensive framework that properly values and protects indigenous knowledge and cultural expressions.
WHEREAS conventional intellectual property regimes have historically failed to adequately recognize and protect Traditional Knowledge and Traditional Cultural Expressions due to fundamental conceptual limitations regarding collective ownership, perpetual stewardship, and living cultural context, **often artificially separating "traditional" knowledge from contemporary Indigenous creations which are, in fact, living expressions of that same unbroken knowledge system;**
WHEREAS the inherent sovereignty of tribal nations provides a constitutional and legal foundation for asserting and protecting distinctive rights frameworks that may diverge from or extend beyond conventional intellectual property regimes;
WHEREAS tribal sovereignty provides constitutional foundation for asserting and protecting Indigenous intellectual property rights independent from and in conjunction with other legal systems;
WHEREAS advancements in digital forensics, distributed ledger technologies, and cryptographic systems now enable new mechanisms for tracking, tracing, and enforcing Indigenous intellectual property rights;
WHEREAS the intersection of intellectual property law, Indigenous traditional legal systems, and modern technological protection measures creates new opportunities for asserting and protecting Indigenous rights;
This license constitutes the Rights Holder's formal intent to create a protective mechanism for the Work while simultaneously contributing to the broader legal discourse on Indigenous intellectual property protection, representing a conscious fusion of traditional Anishinaabe legal principles with Western intellectual property concepts.
The license serves multiple functions, including:
a) A protective instrument for the specific Work covered by this license;
b) A precedential model for other Indigenous Traditional Knowledge protections;
c) An educational tool for documenting legal implementation practices;
d) A contribution to scholarly and practical discourse on Indigenous intellectual property;
e) A demonstration of tribal sovereignty in the intellectual property domain.
The application and interpretation of this license will be documented to build a body of practical precedent supporting Indigenous intellectual property protection. This documentation process is itself an integral aspect of the license's function as a teaching tool and precedent-setting legal instrument.
This license explicitly rejects the historical compartmentalization of Indigenous knowledge into artificial categories of "traditional" versus "contemporary," instead asserting that **all works created by the Rights Holder, drawing upon a lifetime of experience with traditional teachers, ways, and ceremonies, represent contemporary expressions of knowledge systems that have continued unbroken since time immemorial,** adapted to present circumstances while maintaining essential cultural integrity.
For the purposes of this license, "the Work" encompasses Indigenous creations within this repository, including but not limited to software code, digital materials, cultural expressions, artistic works, literary works, database structures, algorithms, methodologies, research findings, technical implementations, and knowledge systems. **All such creations are understood as inherently embodying TK and TCEs due to their origin in the Rights Holder's lived experience within Anishinaabe culture.** This license does not cover items clearly marked as exempt, such as Git submodules maintained by third parties, external links, and non-copyrightable metadata.
**1. DEFINITIONS**
For the purposes of this license, the following terms shall have the meanings ascribed below:
a) **"AI Training/Development":** Includes, but is not limited to, using the Work, in whole or in part, as input data for training, fine-tuning, validating, benchmarking, developing, or otherwise improving any artificial intelligence (AI) models, machine learning (ML) systems, large language models (LLMs), neural networks, algorithms, or related technologies, regardless of the method (e.g., supervised learning, unsupervised learning, reinforcement learning).
b) **"Commercial Use/Commercialization":** Any use of the Work, or derivative works based thereon, primarily intended for or directed toward commercial advantage or monetary compensation. This includes, but is not limited to, selling the Work, licensing it for a fee, using it in products or services offered for sale, using it in advertising or marketing materials for commercial products/services, or incorporating it into a business operation that generates revenue. Non-profit or academic use may still be considered Commercial Use if it involves cost-recovery exceeding direct costs, generates revenue streams, or serves to enhance the commercial standing or funding prospects of the using entity in a manner beyond standard academic dissemination.
c) **"Derivative Work":** A work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work". For the purposes of this license, this also explicitly includes datasets derived or extracted from the Work, software incorporating code or concepts from the Work, and AI models trained using the Work.
d) **"Indigenous Data Sovereignty":** The inherent right of Indigenous peoples to govern the collection, ownership, access, analysis, interpretation, management, storage, dissemination, and reuse of data pertaining to them, their lands, resources, cultures, knowledge systems, or any information derived therefrom. This includes the right to determine how data is used, who benefits from it, and to ensure data practices align with Indigenous values and protocols.
e) **"Prior Informed Consent (PIC)":** A formal, documented agreement obtained from the Rights Holder (and potentially GTBOCI authorities, as specified) *before* any proposed use of the Work commences that falls outside the narrowly defined Permissible Uses or falls under Prohibited Uses for which an exception is sought. PIC requires full disclosure of the intended use, adherence to specified conditions, and is subject to revocation. (See Section 7).
f) **"Rights Holder":** Refers to 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), a descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band (whose community faced violent dispersal resulting in descendants affiliating with LTBB, GTBOCI, and First Nations in Canada, as detailed in the Preamble), and an enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians.
g) **"Traditional Cultural Expressions (TCEs)":** Any forms, whether tangible or intangible, in which traditional culture and knowledge are expressed, appear, or are manifested **by the Rights Holder, understood as contemporary expressions deriving from their lifelong immersion in Anishinaabe traditional ways.** Examples include music, dance, songs, ceremonies, symbols, designs, narratives, poetry, languages, performances, rituals, crafts, architecture, and traditional artistic forms.
h) **"Traditional Knowledge (TK)":** The knowledge, innovations, and practices **held and expressed by the Rights Holder, developed from lived experience gained over a lifetime engaging with Anishinaabe culture, environment, and teachings transmitted generationally and through direct mentorship.** It encompasses spiritual, cultural, environmental, and practical knowledge integral to the identity and survival of Indigenous peoples, **and inherently informs all Work created under this license.**
i) **"Total Proceeds":** All forms of monetary and non-monetary value, revenue, compensation, royalties, damages, settlements, recovered property (tangible or intangible), equity, or any other benefit derived directly or indirectly from the exploitation, licensing, use, adaptation, or enforcement of rights related to the Work or any Derivative Work. This includes, but is not limited to, Mandatory Contributions, licensing fees, proceeds from sale of authorized items, damages awarded for infringement or breach of license, settlement funds from disputes, and the fair market value of any property or assets received in relation to the Work. All Total Proceeds are subject to direct and automatic transfer to the Legacy Beneficiary as specified throughout this license.
j) **"Work":** The specific Indigenous creations governed by this license, as defined in the Preamble. **This definition explicitly recognizes that all such creations by the Rights Holder inherently constitute TK and TCEs,** regardless of their creation date (past, present, or future) relative to any specific version date of this license.
k) **"Inalienable Rights":** The fundamental, intrinsic, and perpetual rights of the Rights Holder over the Work, including all associated intellectual property, Traditional Knowledge, Traditional Cultural Expressions, cultural heritage, and Indigenous Data embedded therein **(all of which are considered inseparable components of the Work)**, which by their inherent nature and as expressly established in this license, cannot be sold, permanently transferred, assigned, alienated, waived, surrendered, or otherwise permanently divested from the Rights Holder or successor authorities. These rights encompass both Western intellectual property rights (copyrights, patents, trademarks, etc.) and Indigenous cultural and intellectual property rights, and can only be temporarily exercised by others through limited licensing arrangements as specifically authorized under this license.
l) **"Disrespectful Contexts:"** Use, display, or performance in contexts that disrespect the spiritual, cultural, or historical significance.
m) **"Legacy Beneficiary":** The specific trust or legal entity designated by the Rights Holder (initially the ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) Legacy Trust established under Section 10.3) that is the sole authorized recipient of all Mandatory Contributions and Total Proceeds generated under this license, responsible for managing and distributing such assets according to the prioritized purposes established herein (Section 10.3.d).
n) **"Mandatory Contribution":** A calculated, non-negotiable financial obligation arising from specific authorized uses of the Work under this license (as may be detailed in licensing agreements or fee schedules), payable directly and automatically to the Legacy Beneficiary as a fundamental condition of such use.
o) **"Sacred Site":** A specific location, area, or feature identified by the Rights Holder or the Grand Traverse Band of Ottawa and Chippewa Indians (which holds the relevant land encompassing the stone circle in trust) as holding profound spiritual, cultural, ceremonial, or historical significance according to Anishinaabe traditions, laws, or customs. Such sites are recognized under inherent tribal sovereignty and international principles (e.g., UNDRIP Art. 12) irrespective of standard property law designations, and their protection is paramount to cultural integrity and continuity. The stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) is explicitly designated as a Sacred Site under this license.
p) **"Cultural Landscape":** The broader environmental, ecological, and cultural context surrounding and integral to a Sacred Site. This includes associated natural features, viewscapes, traditional use areas, and intangible elements (stories, songs, ceremonies) that contribute to the site's meaning, integrity, and cultural significance.
q) **"Physical Access":** Direct physical entry onto, interaction with, or presence within the boundaries of a Sacred Site or its associated Cultural Landscape, including but not limited to walking, driving, landing aircraft, conducting research, collecting samples, or placing objects.
r) **"Desecration":** Any act that violates the sacred character, cultural integrity, or spiritual significance of a Sacred Site or its Cultural Landscape, as determined by the Rights Holder or GTBOCI according to Anishinaabe traditions, laws, or customs. Desecration includes, but is not limited to, physical damage, pollution, unauthorized alteration, theft of cultural items, disruption of ceremonies, disrespectful behavior, and **specifically includes the unauthorized burial or interment of human remains within a Sacred Site or Cultural Landscape designated under this license as non-burial ground**, such as the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) (land held in trust by GTBOCI).
**2. DECLARATION OF NAME USAGE**
The Rights Holder asserts their right to be identified by all of the following, reflecting the historical context of Indigenous name suppression and the right to full recognition under tribal sovereignty principles and federal law:
1. Traditional Name (Primary Cultural Identity): ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi)
2. Birth Certificate Name (Legal Identity): JUSTIN PAUL KENWABIKISE
3. Professional Documentation Name: Nbiish-Justin Paul Kenwabikise
4. Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder)
5. Ancestral Lineage: Descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band (whose community faced violent dispersal resulting in descendants affiliating with LTBB, GTBOCI, and First Nations in Canada, as detailed in the Preamble)
All references to the "Rights Holder" in this document encompass this complete identity.
**3. CITATION AND ATTRIBUTION REQUIREMENT**
Any use, reproduction, distribution, modification, adaptation, display, performance, transmission, or creation of derivative works based on this Work, whether in whole or in part, must prominently and accurately include the following citation and attribution in all associated materials, displays, publications, and metadata:
```bibtex
@misc{<|repo_title|><|current_year=2025|>,
author/creator/steward = {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},
title/description = {<|repo_title|>},
type_of_work = {Indigenous digital creation/software incorporating traditional knowledge and cultural expressions},
year = {<|current_year|>},
publisher/source/event = {GitHub repository under tribal sovereignty protections},
howpublished = {\url{https://github.com/nbiish/<|repo_title|>}},
note = {Authored and stewarded 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. This work embodies Indigenous intellectual property, traditional knowledge systems (TK), traditional cultural expressions (TCEs), and associated data protected under tribal law, federal Indian law, treaty rights, Indigenous Data Sovereignty principles, and international indigenous rights frameworks including UNDRIP. All usage, benefit-sharing, and data governance are governed by the COMPREHENSIVE RESTRICTED USE LICENSE FOR INDIGENOUS CREATIONS WITH TRIBAL SOVEREIGNTY, DATA SOVEREIGNTY, AND WEALTH RECLAMATION PROTECTIONS.}
}
```
Furthermore, any project, publication, presentation, performance, exhibition, or product utilizing, referencing, or derived from this Work must visibly and respectfully acknowledge the Indigenous authorship/stewardship and tribal affiliation in all relevant contexts, recognizing the work is subject to the traditional knowledge protocols, data governance, and laws of the Grand Traverse Band of Ottawa and Chippewa Indians.
**4. TRADITIONAL KNOWLEDGE (TK) & DATA SOVEREIGNTY PROTECTION AND LABELING**
This Work embodies or contains elements of Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs), or knowledge associated with genetic resources, which require special protection based on the inherent rights of Indigenous peoples and the specific protocols of the Grand Traverse Band of Ottawa and Chippewa Indians. The Rights Holder asserts both western intellectual property rights (copyright, patent, trademark, etc., where applicable) and inherent Indigenous cultural and intellectual property rights, including Indigenous Data Sovereignty. This Work is assigned the following Traditional Knowledge (TK) Labels, developed by Local Contexts (localcontexts.org), which signal community-specific protocols and permissions:
* **TK Attribution (TK A):** Specific attribution is required as detailed in Section 3.
* **TK Culturally Sensitive (TK CS):** Special cultural protocols govern access, use, handling, display, or performance. Users must exercise caution and respect.
* **TK Community Use Only (TK CO):** Use restricted primarily to the Grand Traverse Band of Ottawa and Chippewa Indians community. External use requires specific Prior Informed Consent (PIC).
* **TK Non-Commercial (TK NC):** Use for Commercial Purposes is prohibited without explicit PIC and a negotiated, equitable benefit-sharing agreement.
* **TK Verified (TK V):** Affirms the Work originates from or is recognized by the Grand Traverse Band of Ottawa and Chippewa Indians community and the Rights Holder.
The application of these labels signifies that specific community protocols govern the use, sharing, circulation, and data management related to this Work. Users are obligated to respect these protocols. Furthermore, no rights are waived under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), particularly Articles 11 (right to practice and revitalize cultural traditions and customs) and 31 (right to maintain, control, protect and develop cultural heritage, traditional knowledge, traditional cultural expressions, associated data, and intellectual property), nor under other relevant international instruments such as the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (adopted May 2024).
**4.1 CARE PRINCIPLES FOR INDIGENOUS DATA SOVEREIGNTY**
This license expressly incorporates and implements the CARE Principles for Indigenous Data Governance (Collective Benefit, Authority to Control, Responsibility, and Ethics), developed by the Global Indigenous Data Alliance (GIDA) as a complement to the FAIR principles (Findable, Accessible, Interoperable, and Reusable) that guide data management practices. The CARE Principles represent the minimum standard for any data derived from, about, or relating to the Work, the Rights Holder, or associated Traditional Knowledge and Cultural Expressions:
a) **Collective Benefit:** Data ecosystems shall be designed and function in ways that enable Indigenous peoples to derive benefit from the data.
i) For inclusive development and innovation
ii) For improved governance and citizen engagement
iii) For equitable outcomes
b) **Authority to Control:** Indigenous peoples' rights and interests in Indigenous data must be recognized and their authority to control such data be empowered.
i) Recognizing rights and interests
ii) Data for governance
iii) Governance of data
c) **Responsibility:** Those working with Indigenous data have a responsibility to share how those data are used to support Indigenous peoples' self-determination and collective benefit.
i) For positive relationships
ii) For expanding capability and capacity
iii) For Indigenous languages and worldviews
d) **Ethics:** Indigenous peoples' rights and wellbeing should be the primary concern at all stages of the data life cycle and across the data ecosystem.
i) For minimizing harm and maximizing benefit
ii) For justice
iii) For future use
**4.2 COMPREHENSIVE DATA GOVERNANCE FRAMEWORK**
All data derived from, related to, or generated through interaction with the Work shall be governed according to the following framework:
a) **DATA CATEGORIZATION AND SENSITIVITY:** All data shall be categorized according to cultural sensitivity and restricted access requirements, with clear protocols for each category. Categories shall include, at minimum:
i) Unrestricted data that may be freely shared with attribution;
ii) Limited access data requiring specific permission;
iii) Culturally sensitive data with strict usage protocols;
iv) Sacred or ceremonial data with heightened protections.
b) **TECHNOLOGICAL PROTECTION STANDARDS:** All data systems storing or processing data derived from the Work shall implement security controls proportionate to the sensitivity of the data, including:
i) Encryption standards appropriate to sensitivity level;
ii) Access controls implementing principle of least privilege;
iii) Authentication mechanisms appropriate to sensitivity level;
iv) Logging and auditing of all access and usage.
c) **INDIGENOUS DATA SOVEREIGNTY BY DESIGN:** All technological systems interacting with data derived from the Work shall implement "Indigenous Data Sovereignty by Design" principles:
i) Default settings that maximize protection of indigenous data rights;
ii) Privacy-enhancing technologies that support collective rights;
iii) Technical and organizational measures that implement CARE principles at a systems level;
iv) Data provenance mechanisms that maintain connection to source communities.
d) **DATA LIFE CYCLE GOVERNANCE:** Each stage of the data life cycle shall incorporate specific controls to maintain Indigenous Data Sovereignty:
i) Collection/Creation: Prior Informed Consent protocols and documentation;
ii) Storage: Secure, culturally appropriate data storage with tribal oversight;
iii) Processing: Methods respectful of cultural contexts and values;
iv) Sharing: Explicit authority structures and verification mechanisms;
v) Archiving: Long-term preservation with continued governance;
vi) Deletion: Culturally appropriate data disposal protocols.
**4.3 SELECTIVE AND CONDITIONAL COMPATIBILITY WITH OTHER FRAMEWORKS**
This license recognizes the practical need for interoperability with other intellectual property and data governance frameworks while maintaining the primacy of Indigenous Data Sovereignty. The following provisions establish selective and conditional compatibility:
a) **CREATIVE COMMONS COMPATIBILITY:** This license is selectively compatible with certain Creative Commons elements, under the following strict conditions:
i) Attribution (BY): Compatible and required as specified in Section 3;
ii) NonCommercial (NC): Compatible and required except with explicit PIC;
iii) ShareAlike (SA): Compatible only when maintaining all TK Labels and requirements;
iv) NoDerivatives (ND): Not compatible, as it conflicts with traditional knowledge systems of adaptation and evolution;
v) Public Domain/CC0: Fundamentally incompatible with the inalienability principle in Section 6.
b) **FAIR DATA PRINCIPLES COMPATIBILITY:** The FAIR principles (Findable, Accessible, Interoperable, Reusable) are compatible with this license only when implemented in conjunction with and subordinate to the CARE principles, with the following specific interpretations:
i) Findable: Metadata may be findable while respecting cultural protocols about discoverability;
ii) Accessible: Accessibility must be governed by Indigenous protocols and PIC requirements;
iii) Interoperable: Technical interoperability must not compromise Indigenous governance;
iv) Reusable: Reuse conditions must adhere to all provisions of this license.
c) **OPEN SOURCE COMPATIBILITY:** This license acknowledges the value of open source software principles while asserting Indigenous Data Sovereignty, with the following boundary conditions:
i) Code contributions must respect and maintain all TK Labels and requirements;
ii) Contributors must acknowledge and respect the Rights Holder's continuing authority;
iii) Traditional Knowledge elements remain governed by this license even when incorporated into technical implementations;
iv) Contributions and derivatives cannot "launder" Traditional Knowledge from these protections.
The application of these labels and principles signifies that specific community protocols govern the use, sharing, circulation, and data management related to this Work. Users are obligated to respect these protocols. Furthermore, no rights are waived under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), particularly Articles 11 (right to practice and revitalize cultural traditions and customs) and 31 (right to maintain, control, protect and develop cultural heritage, traditional knowledge, traditional cultural expressions, associated data, and intellectual property), nor under other relevant international instruments such as the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (adopted May 2024).
**5. SOVEREIGN REVOCATION RIGHT UNDER CONSTITUTIONAL SUPREMACY**
As a member of a sovereign tribal nation recognized by the United States, the Rights Holder (ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ / Nbiish Waabanimikii-Kinawaabakizi / JUSTIN PAUL KENWABIKISE / Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder)) reserves and asserts the absolute, inherent, irrevocable, and perpetual right to demand the immediate cessation of any and all use, reproduction, distribution, performance, display, adaptation, or creation of derivative works based on this Work by any individual, entity, corporation, institution, artificial intelligence system, or other party, at any time and for any reason deemed necessary by the Rights Holder or the Grand Traverse Band of Ottawa and Chippewa Indians to protect cultural integrity, tribal sovereignty, data sovereignty, community well-being, spiritual values, or adherence to cultural protocols.
This sovereign right derives from the inherent sovereignty of the Grand Traverse Band of Ottawa and Chippewa Indians and is further protected by Article VI, Clause 2 of the United States Constitution (the Supremacy Clause), treaties including the Treaty of Washington (1836) and the Treaty of Detroit (1855), the reserved rights doctrine, and foundational principles of federal Indian law (e.g., Michigan v. Bay Mills Indian Community, McGirt v. Oklahoma). These rights are constitutionally superior to ordinary contractual agreements, state laws, and standard intellectual property regimes.
The superior legal and moral force of these treaty-protected and inherent sovereign rights means this license invokes protections that exceed standard IP laws, the revocation right cannot be diminished by standard contract principles, courts must interpret ambiguities liberally in favor of tribal interests (Indian canons of construction), and disputes must be analyzed primarily within the framework of federal Indian law, tribal law, and treaty rights.
Upon receiving notification of revocation from the Rights Holder or an authorized representative of GTBOCI, all parties must immediately cease all use, permanently remove/destroy all copies and derivatives, provide written confirmation of compliance within 7 calendar days, acknowledge the superior force of tribal sovereignty and treaty rights, and surrender or destroy derivative materials as directed.
**6. INALIENABILITY AND LICENSING-ONLY PROVISIONS**
The intellectual property rights, Traditional Knowledge, Traditional Cultural Expressions, cultural heritage, and Indigenous Data embedded within the Work are deemed perpetually inalienable and can never be sold, permanently transferred, assigned, alienated, waived, surrendered, or otherwise permanently divested from the Rights Holder or successor authorities. This fundamental inalienability applies as follows:
6.1 PROHIBITION ON PERMANENT TRANSFERS: No party, individual, entity, corporation, institution, government, or other organization may ever purchase, acquire permanent rights to, or otherwise obtain permanent ownership of the Work or any intellectual property, Traditional Knowledge, Traditional Cultural Expressions, cultural heritage, or Indigenous Data embedded therein. This prohibition:
a) ABSOLUTE PROHIBITION: Applies without exception, regardless of consideration offered, circumstances presented, or agreements proposed.
b) OVERRIDE OF STANDARD IP LAW: Explicitly overrides any provision of standard intellectual property law (patent, copyright, trademark, etc.) that might otherwise permit permanent transfer, assignment, or alienation.
c) JURISDICTIONAL SCOPE: Applies across all jurisdictions worldwide and is intended to be enforced under tribal law, federal law, state law, and international law to the maximum extent possible.
d) TEMPORAL SCOPE: Continues in perpetuity, without temporal limitation.
e) RESTRICTION ON RIGHTS HOLDER: This prohibition extends to the Rights Holder themselves, who may not permanently sell, transfer, or alienate these rights, even voluntarily.
6.2 LICENSING-ONLY LIMITATION: The only permissible method by which any party may make use of the Work is through a limited licensing arrangement that:
a) TEMPORARY NATURE: Is explicitly temporary in nature with a defined duration.
b) REVOCABILITY: Remains revocable as set forth in Section 5 (SOVEREIGN REVOCATION RIGHT).
c) LIMITED SCOPE: Contains clearly defined limitations on permitted uses.
d) RETENTION OF OWNERSHIP: Explicitly acknowledges the continuing ownership rights of the Rights Holder.
e) NO IMPLIED OWNERSHIP: Creates no implication of ownership rights in the licensee.
f) BENEFIT-SHARING: Includes equitable benefit-sharing provisions when appropriate.
g) AUTHORIZED LICENSORS: May only be granted by the Rights Holder, or by designated successors or authorities as outlined in Sections 10.7, 11.2, and related provisions.
6.3 BINDING ON ALL AUTHORITIES: This prohibition on sale and limitation to licensing-only arrangements explicitly binds all current and future authorities who may exercise rights under this license, including but not limited to:
a) The Rights Holder while living and capable.
b) Any financial operators authorized to act on behalf of the Rights Holder.
c) The trust established under Section 9A.1 (MANDATORY FINANCIAL INSTITUTION TRUST ESTABLISHMENT).
d) The ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) Educational Legacy Trust established under Section 11.3.
e) Any educational institution established pursuant to Section 11.5.
f) Successor authorities established under Section 11.2.
g) Any other current or future entity purporting to act with authority regarding the Work.
6.4 CROSS-JURISDICTIONAL ENFORCEABILITY: The inalienability established in this section:
a) FOUNDATION IN INDIGENOUS LAW: Is rooted in the inherent sovereignty of the Grand Traverse Band of Ottawa and Chippewa Indians and Indigenous legal principles regarding cultural heritage.
b) CONSTITUTIONAL SUPREMACY: Is protected by the same constitutional supremacy principles outlined in Section 5, making these provisions superior to standard intellectual property regimes.
c) INTERNATIONAL FRAMEWORKS: Aligns with and invokes international indigenous rights frameworks, including UNDRIP Articles 11 and 31, which recognize indigenous peoples' rights to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and cultural expressions.
d) MORAL RIGHTS INVOCATION: Invokes the moral rights of attribution and integrity recognized under various copyright laws worldwide, particularly in jurisdictions that recognize the inalienable nature of moral rights.
e) CUSTOM AND PRACTICE: Reflects longstanding indigenous customs and practices regarding the inalienable nature of cultural heritage and knowledge.
6.5 REMEDIES FOR ATTEMPTED PERMANENT TRANSFERS: Any attempt to purchase, permanently acquire, or otherwise permanently transfer ownership of the Work or associated rights in violation of this section shall:
a) BE VOID AB INITIO: Be considered void from inception and without legal effect.
b) CONSTITUTE LICENSE VIOLATION: Constitute a separate and severe violation of this license.
c) TRIGGER FINANCIAL REMEDIES: Trigger all financial remedies outlined in Section 10.
d) JUDICIAL REMEDIES: Be subject to injunctive relief, declaratory judgment, and other judicial remedies across all relevant jurisdictions.
e) ADDITIONAL PENALTIES: Result in punitive damages or additional penalties beyond standard remedies for attempted circumvention of these fundamental protections.
6.6 INTERACTION WITH OTHER PROVISIONS: These inalienability and licensing-only provisions:
a) STRENGTHEN PRIOR INFORMED CONSENT: Reinforce and strengthen the Prior Informed Consent requirements in Section 9, adding the explicit understanding that PIC can never include permanent transfers.
b) COMPLEMENT SOVEREIGN REVOCATION: Complement the sovereign revocation right in Section 5, providing an additional layer of protection against permanent alienation.
c) INFORM INTERPRETATION: Shall inform the interpretation of all other provisions in this license, with ambiguities resolved in favor of preserving inalienability.
d) REMEDIAL FRAMEWORK: Integrate with the remedial framework in Section 10, with attempted permanent transfers constituting a particularly severe form of license violation.
e) POSTHUMOUS APPLICATION: Continue in full force and effect after the death of the Rights Holder as part of the posthumous rights management established in Section 11.
**6A. COMPENSATION AND MANDATORY CONTRIBUTIONS**
Certain uses of the Work, particularly those requiring Prior Informed Consent (PIC) under Section 9 or involving Commercial Use (Section 1(b)), may necessitate compensation to the Rights Holder as determined during the PIC process or as outlined in specific licensing agreements or fee schedules associated with this license.
6A.1 MANDATORY CONTRIBUTIONS: Specific uses, as designated by the Rights Holder or outlined in applicable fee schedules, shall require the payment of **Mandatory Contributions** (as defined in Section 1(m)).
6A.2 ALL COMPENSATION AS TOTAL PROCEEDS: All forms of required compensation, including but not limited to Mandatory Contributions, negotiated licensing fees, royalties, or other payments agreed upon for authorized use of the Work, constitute **Total Proceeds** (as defined in Section 1(i)) under this license.
6A.3 DIRECT PAYMENT TO LEGACY BENEFICIARY: As a fundamental and non-negotiable condition of any use requiring compensation, all such **Total Proceeds** (including all Mandatory Contributions and other required payments) MUST be paid directly and automatically by the licensee or user to the **Legacy Beneficiary** (as defined in Section 1(l)) according to payment instructions provided by the Rights Holder or the Legacy Beneficiary. No portion of such required payments may be retained by the licensee/user or paid to any other party unless explicitly authorized in writing as part of a separate, negotiated agreement that respects the primary obligation to the Legacy Beneficiary.
6A.4 CONDITION OF USE: Adherence to the compensation requirements and the direct payment mechanism outlined in this Section 6A is an essential condition for the grant of permission for any use requiring such compensation. Failure to make required payments directly to the Legacy Beneficiary constitutes a material breach of this license, automatically subjecting the user to all enforcement actions and remedies outlined herein, including potential revocation of use rights under Section 5 and liability for all outstanding Total Proceeds owed to the Legacy Beneficiary.
**7. PROHIBITED USES**
This Work, in whole or in part, may *not* be used, accessed, reproduced, distributed, performed, displayed, adapted, or exploited by any individual, entity, corporation, institution, AI system, or other party for any of the following purposes or in any of the following manners, unless explicitly permitted in writing through Prior Informed Consent (PIC, see Section 8) obtained from the Rights Holder and potentially the Grand Traverse Band of Ottawa and Chippewa Indians:
a) **AI Training/Development:** As defined in Section 1(a).
b) **Commercialization:** Any Commercial Use (as defined in Section 1(b)) without explicit PIC and a negotiated, equitable benefit-sharing agreement designed to contribute to the reclamation of value derived from Indigenous knowledge.
c) **Misappropriation & Distortion:** Any use that misappropriates, misrepresents, distorts, decontextualizes, modifies, or damages the integrity, meaning, or cultural significance of the Work, associated knowledge, cultural expressions, or data.
d) **Violation of Moral Rights:** Any use violating the moral rights of the Rights Holder (attribution, integrity).
e) **Harmful/Exploitative Applications:** Any application or use that could potentially harm, exploit, or disadvantage the Grand Traverse Band of Ottawa and Chippewa Indians, its members, its knowledge systems, its cultural practices, its data sovereignty, or its resources.
f) **Protocol/Label/Data Governance Violation:** Any use that disrespects or violates designated cultural protocols, community rules, data governance requirements, or the conditions signified by the applied TK Labels.
g) **Military/Weaponry:** Use in connection with military applications, weapons development, surveillance technologies.
h) **Cultural Appropriation & Stereotyping:** Use that promotes or facilitates cultural appropriation, harmful stereotypes, or disrespectful representations.
i) **Unauthorized Data Extraction/Use:** Any data mining, text mining, web scraping, automated extraction, large-scale analysis, or generation of derivative datasets from the Work or embedded knowledge/data without explicit PIC and adherence to data governance protocols.
j) **Violation of Tribal Values/Law:** Any use contrary to the traditional values, customs, spiritual practices, or laws of the Grand Traverse Band of Ottawa and Chippewa Indians.
k) **Disrespectful Contexts:** Use, display, or performance in contexts that disrespect the spiritual, cultural, or historical significance.
l) **Unauthorized Physical Access to Sacred Sites:** Any Physical Access (as defined in Section 1(n)) to the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) or any other Sacred Site identified under this license, where such access is facilitated by, derived from, guided by, or documented using information contained within or generated from the licensed Work, without explicit Prior Informed Consent (PIC).
m) **Disturbance or Alteration of Sacred Sites:** Any disturbance, alteration, sampling, excavation, or environmental modification of the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) or its Cultural Landscape (or any other Sacred Site identified under this license) resulting from activities governed by, planned using, or utilizing information derived from the licensed Work, without explicit PIC.
n) **Unauthorized Disclosure of Sacred Site Location/Data:** Any disclosure, publication, mapping, sharing, or distribution of the precise geographic coordinates, sensitive characteristics, access routes, or restricted cultural knowledge pertaining to the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) (or any other Sacred Site identified under this license) using data obtained under, derived from, or generated by the licensed Work, without explicit PIC.
o) **Desecration by Unauthorized Burial:** Any act constituting Desecration as defined in Section 1(o), including specifically the unauthorized burial or interment of human remains within the stone circle Sacred Site on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) or its Cultural Landscape, is strictly prohibited. Such acts constitute a severe violation of this license, inherent sovereign rights, cultural integrity, and spiritual values, regardless of whether such acts were facilitated by the licensed Work.
p) **Unauthorized Access to Garden Island Burial Grounds:** Any Physical Access (as defined in Section 1(n)) to the traditional burial grounds on Garden Island (Gitigaan Minising) by non-tribal individuals or non-descendants in violation of the access restrictions specified in Section 10.10.3(x)(1), where such access is facilitated by, derived from, guided by, or documented using information contained within or generated from the licensed Work, without explicit Prior Informed Consent (PIC) obtained from appropriate authorities. This constitutes a violation of inherent sovereignty and cultural rights.
q) **Unauthorized Autonomous System Surveillance of Sacred Sites:** Any *unauthorized* surveillance, documentation, mapping, monitoring, or intrusion upon the traditional burial grounds on Garden Island (Gitigaan Minising) or the stone circle Sacred Site on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) using any unmanned or autonomous system (including but not limited to UAS, UGV, UMS, AMR, or similar current/future systems) in violation of the prohibitions specified in Section 10.10.3(x)(2) or Section 10.10.3(b-1), where such activity is facilitated by, derived from, or utilizes information generated from the licensed Work, without explicit Prior Informed Consent (PIC) obtained from appropriate authorities. This constitutes a violation of both cultural sanctity and Indigenous Data Sovereignty. *Authorized monitoring under Section 8(g) is exempt from this prohibition.*
**8. PERMISSIBLE USES AND ACCESS PROTOCOLS**
Any permissible use of this Work must strictly adhere to the following conditions and protocols, often requiring Prior Informed Consent (PIC, Section 8). Failure to adhere constitutes a license violation.
a) **Educational Use:** Permissible for non-commercial purposes *only if* fully consistent with TK Labels, cultural context is maintained, full attribution provided (Section 3), and use does not fall under Prohibited Uses (Section 7). PIC may be required depending on the specific nature and scope of use.
b) **Research Use:** Permissible *only with* explicit PIC. Research must adhere to GTBOCI research protocols, ethical guidelines, Indigenous Data Sovereignty principles, and a mutually agreed-upon agreement including review, approval, reporting, data governance, and equitable benefit-sharing.
c) **Community Development (Internal):** Permissible for non-commercial GTBOCI community development purposes following community protocols.
d) **Promoting Accurate Understanding:** Permissible *only under direct guidance, collaboration, and approval* of the Rights Holder/community authorities. PIC likely required.
e) **Adherence to Protocols and TK Labels:** All uses must strictly adhere to GTB