@nbiish/cognitive-tools-mcp/LICENSE

MCP server exposing a single tool `deliberate` (stages: orient | reason | acknowledge). Returns markdown verbatim to support structured thinking.

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).

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 ongoing challenges in cases like the DOJ's 2024-2025 suits against Oklahoma DAs for sovereignty violations (active as of July 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 challenges in cases like the DOJ's 2024-2025 suits against Oklahoma DAs for sovereignty violations, 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.

**ENHANCED WIPO TREATY COMPLIANCE**

In accordance with the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (adopted May 24, 2024, with 8 ratifications as of July 2025, pending entry into force upon 15 member state ratifications), this license implements mandatory disclosure requirements for any use of traditional knowledge or cultural expressions derived from this Work. Users acknowledge their obligations under international law to: (1) identify the Indigenous communities and nations that are the source of traditional knowledge incorporated in any derivative works, (2) obtain Prior Informed Consent (PIC) before utilizing traditional knowledge for commercial purposes, (3) ensure equitable benefit-sharing arrangements that recognize Indigenous contributions to innovation (including, upon treaty ratification in the user's jurisdiction, a minimum 20% share of any commercial value derived), and (4) respect Indigenous protocols for the protection of sacred, secret, or sensitive cultural information. 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 the precedent established in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. (February 2025, appeal pending in Third Circuit as of July 2025 with arguments heard and decision imminent), which held that training AI systems on copyrighted material without permission is NOT fair use when creating competing products, this license explicitly prohibits the following AI-related uses: This prohibition remains enforceable notwithstanding any pending appeals or future rulings, with automatic adjustment only upon final Supreme Court affirmation of fair use for AI training, which is deemed unlikely based on current precedents. Users shall indemnify the Rights Holder against any claims arising from AI-related infringements, including minimum $500,000 liquidated damages per violation.

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.

7.2 **INTERMEDIATE COPYING PROHIBITION**: Any intermediate copying, processing, ingestion, or transformation of the Work for AI training purposes constitutes a violation of this license, regardless of whether the Work appears in final AI outputs. This includes but is not limited to data preprocessing, tokenization, embedding generation, and model fine-tuning.

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.

**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. 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.

**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 CRYPTOCURRENCY RESTRICTIONS**: The Work may not be used in blockchain applications, cryptocurrency mining, NFT creation, or other distributed ledger technologies without explicit permission that addresses the permanence and immutability concerns related to Indigenous cultural heritage. As per July 2025 EU MiCA and US SEC guidance, all blockchain uses require PIC and 25% royalty sharing. Violations incur chain-fork remedies and smart contract invalidation.

**EDUCATIONAL CONTENT AND INSTITUTIONAL SAFEGUARDS**

For educational institutions and content creators using this Work:

10.1 **INSTITUTIONAL LICENSING**: Educational institutions must obtain specific licensing agreements that include faculty and staff training on Indigenous cultural competency, decolonized pedagogical approaches, and appropriate cultural protocols. Institutions must certify annual cultural competency training completion, with failure revoking license rights.

10.2 **CURRICULUM INTEGRATION**: Any incorporation of this Work into educational curricula must be done in consultation with Indigenous educators and community representatives, with appropriate cultural context and historical accuracy.

10.3 **ATTRIBUTION AND CONTEXT**: Educational uses must include comprehensive attribution to the Rights Holder, historical context about Indigenous contributions to the field, and acknowledgment of ongoing colonial impacts on Indigenous communities.

**ANTI-APPROPRIATION AND CULTURAL PROTECTION**

11.1 **COMMERCIAL APPROPRIATION PROHIBITION**: This Work may not be used for commercial purposes that appropriate Indigenous cultural expressions, traditional knowledge, or ceremonial practices without explicit cultural authorization from the Rights Holder's community. Per July 2025 IACA sentencings (e.g., Muenala 15-year term), violations trigger automatic federal reporting and minimum $250,000 cultural harm damages.

11.2 **SACRED AND SENSITIVE CONTENT**: Users must recognize that certain aspects of this Work may contain sacred, ceremonial, or culturally sensitive information that requires special handling protocols and may be restricted from certain uses or audiences.

11.3 **NOTIFICATION REQUIREMENTS**: Commercial users must provide advance notification to the Rights Holder of intended uses, including detailed descriptions of how Indigenous cultural heritage will be respected and protected.

**ENFORCEMENT AND JURISDICTIONAL PROVISIONS**

12.1 **FEDERAL COURT JURISDICTION**: Disputes arising under this license shall be resolved in federal court, with preference for courts with established expertise in federal Indian law and Indigenous rights.

12.2 **TRIBAL COURT RECOGNITION**: This license recognizes the inherent sovereignty of tribal courts and their authority to adjudicate matters involving Indigenous intellectual property rights within their jurisdiction.

12.3 **INTERNATIONAL ENFORCEMENT**: For international disputes, this license invokes the protections of UNDRIP, the WIPO Treaty on Traditional Knowledge, and other international instruments protecting Indigenous rights. As of July 2025, with increasing international ratifications, disputes may invoke WIPO arbitration; users consent to binding tribal judgments enforceable globally via New York Convention.

12.4 **CASTRO-HUERTA PREEMPTION**: Notwithstanding Oklahoma v. Castro-Huerta, this license asserts federal preemption over any state court attempts to exercise concurrent jurisdiction over Indigenous intellectual property matters, maintaining exclusive federal and tribal court authority over these specialized areas of law.

**REMEDIES AND VIOLATIONS**

13.1 **MONETARY DAMAGES**: Violations of this license may result in monetary damages calculated according to the value derived from unauthorized use, plus additional compensation for cultural harm and community impacts.

13.2 **INJUNCTIVE RELIEF**: The Rights Holder may seek immediate injunctive relief to prevent ongoing violations and protect the integrity of Indigenous cultural heritage.

13.3 **RESTORATION AND HEALING**: Remedies may include requirements for cultural education, community service, and other restorative justice measures designed to repair harm to Indigenous communities.

**FUTURE AMENDMENTS AND EVOLUTION**

This license may be amended to incorporate emerging developments in Indigenous rights law, technological advances, and evolving best practices for Indigenous intellectual property protection. Users will be notified of material changes through appropriate channels.

**TERMINATION AND SURVIVAL**

Violations of this license result in immediate termination of all rights granted herein. The cultural protection provisions, attribution requirements, and Indigenous Data Sovereignty obligations survive termination of this license.

**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.

**RELATIONSHIP TO CONVENTIONAL INTELLECTUAL PROPERTY LAW**
This license operates in conjunction with, and is not intended to be superseded by, conventional intellectual property regimes such as the U.S. Copyright Act. The user of the Work acknowledges and agrees to the following:

a) **Contractual Obligations:** This license is a binding contract. Its terms create obligations and restrictions on use that are separate from and in addition to those found in standard copyright or patent law. Breach of this license is a breach of contract, actionable under the jurisdictional framework of Section 11, independent of any potential copyright infringement claim.

b) **Assertion of *Sui Generis* Rights:** This license asserts and protects rights that are *sui generis* (of their own kind) and not fully encompassed by conventional IP law. These include, but are not limited to, rights over Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs), and Indigenous Data Sovereignty. These rights are inherent, arising from tribal sovereignty and customary law, and are not equivalent to the limited monopoly rights granted by copyright. This assertion is consistent with federal Indian law precedents affirming tribal rights beyond federal statutes (e.g., *Worcester v. Georgia*, 31 U.S. 515 (1832); *McGirt v. Oklahoma*, 591 U.S. ___ (2020)).

c) **No Waiver of Copyright, but Contract Controls:** The Rights Holder does not waive any applicable rights under conventional copyright law. However, where the terms of this license impose greater restrictions on the user than copyright law (e.g., by prohibiting uses that might otherwise be considered "fair use" under 17 U.S.C. § 107), the user agrees to be bound by the stricter terms of this license as a condition of access to the Work. Any challenge to this provision shall be resolved in favor of tribal sovereignty under the Indian canons of construction.

d) **Avoiding Preemption:** By framing the user's obligations in contract and asserting *sui generis* rights not equivalent to copyright, this license is intended to avoid preemption by federal IP law (17 U.S.C. § 301). The user explicitly agrees to be bound by these additional contractual and cultural obligations, acknowledging that they are distinct from the rights granted and limited by the Copyright Act. This structure is designed to withstand preemption challenges, as tribal sovereignty and treaty rights constitute supreme law preempting conflicting federal claims (U.S. Const. art. VI, cl. 2).

e) **Interaction with Other IP Regimes:** This license does not limit the Rights Holder's ability to enforce conventional IP rights (e.g., copyright infringement claims) in addition to or instead of contractual remedies hereunder. In the event of conflict, tribal law shall control interpretation.

**INDEX OF SECTIONS** (For Clarity and Reference)
To eliminate any ambiguity in navigation or interpretation, the following index lists all sections in sequential order:
- Preamble
- Legal Innovation and Intent
- Relationship to Conventional Intellectual Property Law
- 1. Definitions
- 2. Declaration of Name Usage
- 3. Citation and Attribution Requirement
- 4. Traditional Knowledge (TK) & Data Sovereignty Protection and Labeling
  - 4.1 CARE Principles for Indigenous Data Sovereignty
  - 4.2 Comprehensive Data Governance Framework
  - 4.3 Selective and Conditional Compatibility with Other Frameworks
- 5. Sovereign Revocation Right Under Constitutional Supremacy
- 6. Inalienability and Licensing-Only Provisions
  - 6.1 Prohibition on Permanent Transfers
  - 6.2 Licensing-Only Limitation
  - 6.3 Binding on All Authorities
  - 6.4 Cross-Jurisdictional Enforceability
  - 6.5 Remedies for Attempted Permanent Transfers
  - 6.6 Interaction with Other Provisions
- 6A. Compensation and Mandatory Contributions
  - 6A.1 Mandatory Contributions
  - 6A.2 All Compensation as Total Proceeds
  - 6A.3 Direct Payment to Legacy Beneficiary
  - 6A.4 Condition of Use
- 7. Prohibited Uses
- 8. Permissible Uses and Access Protocols
- 9. Prior Informed Consent (PIC) Requirement
- 9A. Living Trust and Financial Institution Asset Management
  - 9A.1 Mandatory Financial Institution Trust Establishment
  - 9A.2 Financial Institution Selection Criteria
  - 9A.3 Asset Management Agreement Requirements
  - 9A.4 Specific Intellectual Property Management
  - 9A.5 Transition to Posthumous Trust
  - 9A.6 Multi-Jurisdictional Enforceability
  - 9A.7 Digital Forensics and Content Tracking Obligations
  - 9A.8 Lifetime Discretionary Allocation to Legacy Purposes
- 10. Posthumous Rights Management and Legacy Provisions
  - 10.1 Continued Enforceability
  - 10.2 Succession of Rights Enforcement Authority
  - 10.3 Waabanimikii-Kinawaabakizi Legacy Trust Establishment
  - 10.4 Indigenous Educational Support Programs
  - 10.5 Higher Education Institution Development
  - 10.6 Beneficiary Eligibility Criteria
  - 10.7 Trust Governance and Administration
    - 10.7.1 Financial Oversight Council Establishment and Mandate
    - 10.7.2 Cultural and Technical Advisory Council
    - 10.7.3 Annual Audits
    - 10.7.4 Transparent Reporting
    - 10.7.5 Succession Planning
    - 10.7.6 Financial AI Advisor
    - 10.7.7 Strategy AI Advisor
    - 10.7.8 Nanoboozhoo AI System
  - 10.8 Cross-Jurisdictional Legal Standing and Enforcement
  - 10.9 AI-Powered Decentralized Governance and Educational Advancement
    - 10.9.1 Mandate for Advanced Technological Implementation
    - 10.9.2 Governance Structure and Oversight
    - 10.9.3 Functional Requirements and Capabilities
    - 10.9.4 Ethical Frameworks and Safeguards
    - 10.9.5 Implementation Timeline and Assessment
    - 10.9.6 Cultural and Educational Priorities
  - 10.10 Nanoboozhoo AI System Establishment and Governance
    - 10.10.1 Definition and Purpose of Nanoboozhoo AI System
    - 10.10.2 Cultural Foundation and Seven Fires Alignment
    - 10.10.3 Aamik'Waakanda Connection and Ceremonial Foundation
- 11. Dispute Resolution and Jurisdiction
  - 11.1 Primary Jurisdiction Hierarchy
  - 11.1A Jurisdiction Specific to Authorized Sacred Site Monitoring
  - 11.2 Secondary Jurisdictions and Related Tribal Interests
  - 11.3 Jurisdictional Principles
  - 11.4 Traditional Dispute Resolution
  - 11.5 Governing Law Hierarchy
  - 11.6 Alternative Dispute Resolution
  - 11.7 Exhaustion Requirement
  - 11.8 Jurisdictional Challenges
  - 11.9 Enforcement Costs
- 12. Audit Rights
- 13. Disclaimer of Warranties
- 14. Limitation of Liability
- 15. Severability and Perpetuity
- 16. Notification and Communication
- 17. Entire Agreement; Amendments
- 18. Support for Complementary Protections

**1. DEFINITIONS**
   For the purposes of this license, the following terms shall have the meanings ascribed below. All definitions are precise and non-ambiguous, with examples provided where necessary to prevent misinterpretation:
   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). Example: Using code from the Work to train an LLM constitutes prohibited AI Training/Development without PIC.
   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. Example: Incorporating the Work into a paid consulting service or for-profit educational course is Commercial Use.
   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. Example: Modifying an artistic design from the Work for a new product creates a Derivative 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. Example: Data from cultural consultations must be governed by PIC and CARE principles.
   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 9 for detailed requirements). Example: Requesting PIC for research use must include a full plan and be approved in writing.
   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. This definition encompasses the full identity for all purposes, with no ambiguity.
   g) **"Traditional Cultural Expressions (TCEs)":** Any forms, whether tangible or intangible, in which traditional culture and knowledge are expressed, appear, or are manifested. This definition is intended to be consistent with frameworks articulated by the World Intellectual Property Organization (WIPO) and in instruments such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). For the purposes of this license, **all works created by the Rights Holder are understood as contemporary TCEs, as they derive directly from their lifelong immersion in and stewardship of Anishinaabe traditional ways, which constitute a living, evolving cultural system.** Examples include music, dance, songs, ceremonies, symbols, designs, narratives, poetry, languages, performances, rituals, crafts, architecture, and traditional artistic forms. Sub-examples: A modern engineering design informed by Anishinaabe teachings is a TCE; an educational class on cultural arts is a TCE.
   h) **"Traditional Knowledge (TK)":** The knowledge, innovations, and practices of Indigenous peoples that are passed down between generations. This definition is intended to be consistent with frameworks articulated by the World Intellectual Property Organization (WIPO) and in instruments such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). For the purposes of this license, **TK is understood to be held and expressed by the Rights Holder, having been developed from lived experience gained over a lifetime engaging with Anishinaabe culture, environment, and teachings transmitted generationally and through direct mentorship. It inherently informs all Work created under this license.** It encompasses spiritual, cultural, environmental, and practical knowledge integral to the identity and survival of Indigenous peoples. Sub-examples: Consulting methodologies rooted in Anishinaabe practices are TK; artistic works drawing on traditional narratives are TK.
   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. Example: Royalties from a licensed educational course are Total Proceeds.
   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. Sub-examples: Educational content, artistic works, engineering designs, and consulting materials created by the Rights Holder are all Works.
   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.

**3A. ATTACHMENT AND NOTICE REQUIREMENT**
This license must be prominently attached to or referenced in all distributions of the Work (e.g., via metadata, README, or URL link). Use constitutes acceptance. Sample notice: 'This Work is governed by the COMPREHENSIVE RESTRICTED USE LICENSE at [canonical URL].' Include TK Label icons for immediate cultural signaling.

**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