cognitive-tools-mcp / gikendaasowin-aabajichiganan

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 AND TRADITIONAL KNOWLEDGE PROTECTIONS** 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 enhanced mandatory disclosure and protection requirements that exceed minimum international standards. Users acknowledge their binding obligations under international law to: (1) **COMPREHENSIVE SOURCE IDENTIFICATION**: Identify and document all Indigenous communities, nations, and traditional knowledge holders that are the source of any traditional knowledge, cultural expressions, or genetic resources incorporated in any derivative works, including detailed attribution and genealogical connections where appropriate. (2) **MANDATORY PRIOR INFORMED CONSENT**: Obtain written Prior Informed Consent (PIC) before utilizing any traditional knowledge for any purpose, whether commercial, research, educational, or personal use, consistent with the enhanced PIC requirements in Section 9 of this license. (3) **ENHANCED BENEFIT-SHARING OBLIGATIONS**: Ensure equitable benefit-sharing arrangements that recognize Indigenous contributions to innovation, including: (a) a mandatory minimum 20% share of any commercial value derived (increasing to 30% upon treaty ratification in the user's jurisdiction), (b) non-monetary benefits such as capacity building, technology transfer, and research collaboration, and (c) community-directed benefits as specified by the Rights Holder. (4) **SACRED AND SENSITIVE INFORMATION PROTECTION**: Respect Indigenous protocols for the protection of sacred, secret, or sensitive cultural information, including absolute prohibition on disclosure, use, or adaptation of such information without explicit ceremonial or cultural authorization from appropriate traditional authorities. (5) **DEFENSIVE DISCLOSURE OBLIGATIONS**: For any patent applications or intellectual property registrations that incorporate or are based upon traditional knowledge from this Work, provide complete disclosure of the traditional knowledge source, demonstrate valid PIC, and establish benefit-sharing agreements prior to filing, consistent with WIPO Treaty Article 3 disclosure requirements. Users shall monitor ratification progress and automatically adhere to all treaty obligations upon entry into force in their jurisdiction, with any national implementing legislation incorporated by reference. This license creates enforceable obligations that align with the WIPO Treaty's recognition of Indigenous peoples' rights to control and benefit from their traditional knowledge and cultural expressions, notwithstanding pending global entry into force. **COMPREHENSIVE AI TRAINING DATA RESTRICTIONS** Based on 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. 7.5 **EMERGENT TECHNOLOGY RESTRICTIONS**: To future-proof this license against technological developments that may threaten tribal sovereignty and Indigenous rights, the following emerging technologies are subject to the same restrictions as AI training without explicit Prior Informed Consent: a) **QUANTUM COMPUTING APPLICATIONS**: Use of the Work in quantum computing systems, quantum machine learning, quantum simulation, or quantum cryptographic applications that could compromise cultural data protection or enable unauthorized pattern recognition in Traditional Knowledge b) **BIOTECHNOLOGY AND GENETIC RESEARCH**: Use of the Work in genetic research, synthetic biology, bioinformatics platforms, or biotechnology applications that involve Indigenous populations, traditional medicines, or ancestral genetic data c) **BRAIN-COMPUTER INTERFACES**: Integration of the Work into neural implants, brain-computer interfaces, cognitive enhancement technologies, or neurotechnology applications that could access or influence traditional knowledge transmission d) **ADVANCED ROBOTICS AND AUTONOMOUS SYSTEMS**: Use of the Work to train, program, or control autonomous weapons systems, surveillance robots, or any robotic systems intended for deployment on Indigenous lands or against Indigenous peoples e) **VIRTUAL AND AUGMENTED REALITY**: Use of the Work in immersive technologies that simulate sacred sites, traditional ceremonies, or cultural practices without proper authorization and cultural protocols f) **NANOTECHNOLOGY APPLICATIONS**: Use of the Work in nanotechnology research or applications that could impact Indigenous environments, traditional medicines, or cultural materials g) **SPACE TECHNOLOGY AND EXTRATERRESTRIAL APPLICATIONS**: Use of the Work in space exploration, satellite technology, or extraterrestrial colonization projects that may affect traditional astronomical knowledge or spiritual connections to celestial bodies h) **ADVANCED SURVEILLANCE TECHNOLOGIES**: Use of the Work in facial recognition, behavioral prediction, social credit systems, or mass surveillance technologies that could target or profile Indigenous peoples **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 **TRIBAL COURT PRIMACY AND SOVEREIGN IMMUNITY PRESERVATION**: a) **PRIMARY JURISDICTION**: The Grand Traverse Band of Ottawa and Chippewa Indians tribal courts shall have primary and preferred jurisdiction over all disputes arising under this license, including but not limited to matters involving Traditional Knowledge, Traditional Cultural Expressions, Sacred Sites, and Cultural Landscapes. b) **SOVEREIGN IMMUNITY PRESERVATION**: Nothing in this license shall be construed as a waiver of the sovereign immunity of the Grand Traverse Band of Ottawa and Chippewa Indians or any other tribal nation. Consistent with *Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc.*, 523 U.S. 751 (1998), tribal sovereign immunity is explicitly preserved and protected under this license. c) **CONSENT TO TRIBAL JURISDICTION**: By using the Work under this license, all parties expressly consent to the jurisdiction of Grand Traverse Band tribal courts and agree to be bound by tribal court decisions regarding this license. 12.2 **FEDERAL COURT JURISDICTION**: Federal courts may exercise jurisdiction over disputes arising under this license only in cases where: (i) tribal courts lack jurisdiction under applicable tribal law, (ii) federal question jurisdiction is clearly established, or (iii) the tribal court refers the matter to federal court. Preference shall be given to federal courts with established expertise in federal Indian law and Indigenous rights. 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. 12.3A **CROSS-BORDER ENFORCEMENT MECHANISMS**: To strengthen international enforcement of tribal sovereignty and treaty rights: a) **MUTUAL LEGAL ASSISTANCE**: Users consent to enforcement through mutual legal assistance treaties (MLATs) and other international cooperation frameworks, particularly those recognizing Indigenous rights b) **ASSET FREEZING AND RECOVERY**: International users specifically consent to asset freezing orders and civil forfeiture procedures initiated by tribal courts and enforced through diplomatic channels c) **EXTRADITION COOPERATION**: For serious violations involving cultural appropriation or sacred site desecration, users consent to extradition proceedings under international law where applicable d) **DIPLOMATIC ENFORCEMENT**: The Rights Holder reserves the right to seek enforcement through government-to-government diplomatic channels between the United States and foreign nations, leveraging federal trust responsibilities e) **INTERNATIONAL ARBITRATION BINDING**: Users irrevocably consent to binding international arbitration under UNCITRAL rules with Indigenous law specialists, with awards enforceable under the New York Convention f) **FOREIGN JUDGMENT RECOGNITION**: Users agree to waive any sovereign immunity defenses to recognition and enforcement of tribal court judgments in their home jurisdictions 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. 12.5 **INCARCERATION-SPECIFIC JURISDICTIONAL PROTECTIONS**: During periods of incarceration or detention of the Rights Holder: a) **TRIBAL COURT SUPREMACY**: Tribal courts of the Grand Traverse Band of Ottawa and Chippewa Indians retain exclusive jurisdiction over all license-related matters, regardless of the Rights Holder's physical location or detention status b) **FEDERAL PREEMPTION OF STATE INTERFERENCE**: Federal law preempts any state court attempts to exercise jurisdiction over license matters during incarceration, particularly regarding: (i) Asset forfeiture proceedings involving intellectual property rights (ii) Restitution orders affecting ongoing licensing arrangements (iii) Garnishment of license proceeds beyond statutory limits (iv) Interference with tribal sovereignty over cultural heritage matters c) **DIPLOMATIC IMMUNITY ENHANCEMENT**: During incarceration, all license assets and operations receive enhanced protection through: (i) Government-to-government diplomatic channels between the United States and the Grand Traverse Band (ii) Federal trust responsibility obligations that supersede state criminal proceedings (iii) International diplomatic intervention through Indigenous rights organizations (iv) UN Declaration on the Rights of Indigenous Peoples (UNDRIP) Article 37 protections d) **CONSTITUTIONAL SUPREMACY DURING DETENTION**: The constitutional framework protecting tribal sovereignty remains fully operative during incarceration: (i) Treaty rights cannot be suspended or modified due to criminal proceedings (ii) Federal Indian law maintains supremacy over conflicting state criminal law (iii) Tribal jurisdiction over intellectual property remains intact regardless of Rights Holder's detention status (iv) Due process protections include access to tribal legal representation and cultural advisors **REMEDIES AND VIOLATIONS** 13.1 **VIOLATION ESCALATION PROCEDURES**: Violations shall be addressed according to the following graduated response protocol: a) **MINOR VIOLATIONS** (inadvertent attribution errors, minor technical non-compliance): (i) Written notice with 30-day cure period, (ii) requirement for corrective action, (iii) educational requirements about Indigenous rights, (iv) $1,000-$10,000 liquidated damages if not cured b) **MODERATE VIOLATIONS** (unauthorized derivatives, commercial use without PIC, AI training violations): (i) Immediate cease and desist order, (ii) 10-day cure period for cessation, (iii) $10,000-$100,000 liquidated damages, (iv) mandatory cultural competency training, (v) ongoing monitoring requirements c) **SEVERE VIOLATIONS** (cultural appropriation, sacred site desecration, data sovereignty breaches): (i) Immediate injunctive relief sought, (ii) $100,000-$1,000,000 liquidated damages, (iii) full repatriation of derived materials and proceeds, (iv) public acknowledgment of violation and harm, (v) restorative justice measures d) **EGREGIOUS VIOLATIONS** (willful cultural destruction, trafficking in sacred items, persistent violations after notice): (i) Maximum legal penalties under tribal, federal, and international law, (ii) criminal referrals where applicable, (iii) permanent injunctions, (iv) forfeiture of all derived assets, (v) exclusion from future licensing opportunities 13.2 **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. 13.3 **INJUNCTIVE RELIEF**: The Rights Holder may seek immediate injunctive relief to prevent ongoing violations and protect the integrity of Indigenous cultural heritage. 13.4 **RESTORATION AND HEALING**: Remedies may include requirements for cultural education, community service, and other restorative justice measures designed to repair harm to Indigenous communities. 13.5 **EMERGENCY CULTURAL PROTECTION PROTOCOLS**: For immediate threats to sacred sites, cultural heritage, or Traditional Knowledge, the following emergency procedures apply: a) **IMMEDIATE RESPONSE AUTHORITY**: The Rights Holder or designated emergency authority (per Section 10.1A) may issue emergency cease and desist orders without prior notice when cultural heritage faces imminent threat b) **EXPEDITED COURT PROCEEDINGS**: Tribal courts shall provide expedited hearings (within 72 hours) for emergency injunctions protecting sacred sites or preventing cultural appropriation c) **EMERGENCY ASSET PRESERVATION**: When violations generate immediate financial proceeds, the Rights Holder may seek emergency asset freezing orders to preserve funds for cultural repatriation d) **CULTURAL HARM MITIGATION**: Emergency protocols for mitigating ongoing cultural harm include: (i) immediate removal of unauthorized cultural representations, (ii) temporary suspension of violating activities, (iii) emergency consultation with cultural advisors, and (iv) public correction of cultural misrepresentations e) **SACRED SITE THREAT RESPONSE**: For threats to the Beaver Island stone circle, Garden Island burial grounds, or other designated sacred sites: (i) immediate physical site protection measures, (ii) emergency documentation of threat evidence, (iii) coordination with appropriate tribal authorities, and (iv) law enforcement notification where applicable f) **DIGITAL EMERGENCY RESPONSE**: For online violations including unauthorized cultural content, the Rights Holder may demand immediate takedown orders, temporary restraining orders against platforms, and emergency preservation of digital evidence **FORCE MAJEURE AND INCARCERATION PROTECTION PROVISIONS** 13.6 **COMPREHENSIVE FORCE MAJEURE FRAMEWORK**: Neither the Rights Holder nor any successor authority shall be liable for any failure or delay in performance of obligations under this license due to circumstances beyond their reasonable control, including but not limited to: a) **INCARCERATION AND LEGAL DETAINMENT**: Imprisonment, detention, arrest, or legal proceedings affecting the Rights Holder or designated successor authorities, whether in tribal, federal, state, or international jurisdictions b) **ARBITRARY DETENTION**: Any form of detention, confinement, or restriction of liberty imposed without due process or in violation of constitutional, treaty, or international law protections c) **GOVERNMENTAL ACTIONS**: Changes in law, regulations, or government policies that impede the exercise of rights under this license, particularly those affecting tribal sovereignty or Indigenous rights d) **ACTS OF GOD**: Natural disasters, pandemics, or other extraordinary events beyond human control e) **CIVIL UNREST**: War, terrorism, civil disorder, or other societal disruptions affecting normal operations 13.7 **INCARCERATION-SPECIFIC PROTECTION MECHANISMS**: a) **AUTOMATIC SUCCESSION ACTIVATION**: Upon confirmed incarceration or arbitrary detention of the Rights Holder, all authorities and responsibilities under this license automatically transfer to the designated successor hierarchy established in Section 10.2, without need for additional documentation or court orders b) **ASSET PROTECTION PROTOCOLS**: During periods of incarceration: (i) All Total Proceeds shall continue to flow directly to the Legacy Beneficiary without interruption (ii) No new licensing agreements may be executed without express written authorization from the incarcerated Rights Holder or designated successor authority (iii) Existing license terms remain in full force and effect (iv) Emergency protective measures for sacred sites and cultural heritage may be implemented by successor authorities c) **COMMUNICATION SAFEGUARDS**: Rights Holder retains the right to communicate regarding license matters during incarceration through legal counsel, tribal representatives, or other authorized intermediaries d) **RELEASE AND RESTORATION**: Upon release from incarceration, the Rights Holder may immediately resume full authority under this license, with all actions taken by successor authorities during incarceration subject to review and ratification 13.8 **TRIBAL SOVEREIGNTY PROTECTION DURING FORCE MAJEURE**: During any force majeure event affecting the Rights Holder: a) **TRIBAL JURISDICTION PRESERVATION**: Tribal court jurisdiction and tribal law supremacy remain in full effect b) **TREATY RIGHTS CONTINUITY**: All treaty rights and government-to-government relationships continue unimpaired c) **CULTURAL PROTECTION ESCALATION**: Enhanced emergency protocols for protecting sacred sites, traditional knowledge, and cultural heritage become automatically effective d) **INTERNATIONAL PROTECTIONS**: Rights under UNDRIP, WIPO treaties, and other international instruments remain fully enforceable through diplomatic channels 13.9 **ENHANCED ESCROW AND CONTINUITY ARRANGEMENTS**: a) **SOURCE CODE ESCROW**: Upon first commercial licensing of any software Work, source code and documentation shall be deposited with a neutral escrow agent approved by the Rights Holder, with release conditions including: (i) Incarceration of the Rights Holder for more than 90 days (ii) Arbitrary detention without charges for more than 30 days (iii) Death or permanent incapacitation of the Rights Holder (iv) Written authorization from the Rights Holder or designated successor authority b) **ASSET ESCROW PROTOCOLS**: Financial institutions holding assets related to this license shall implement enhanced escrow protections during force majeure events, including: (i) Continuation of automatic payments to Legacy Beneficiary (ii) Protection against asset seizure or forfeiture unrelated to license violations (iii) Maintenance of separate accounts for license-related proceeds c) **DOCUMENTATION PRESERVATION**: All license-related documents, communications, and records shall be maintained in secure, accessible locations with backup copies held by tribal authorities and legal counsel 13.10 **PERSONAL WELFARE AND SERVICE ACCESS PROTECTIONS DURING INCARCERATION**: To ensure the Rights Holder maintains the mental, physical, and cultural capacity necessary to continue exercising authority over this license during periods of incarceration or arbitrary detention, the following essential service access protections apply: a) **COMMISSARY AND PERSONAL FUND ACCESS**: The Rights Holder shall retain unrestricted access to: (i) Personal funds and accounts necessary for commissary purchases and personal necessities (ii) Ability to procure food, hygiene products, writing materials, and other comfort items essential for maintaining dignity and health (iii) Legal protection against arbitrary restriction of commissary privileges as retaliation for license enforcement activities (iv) Direct access to funding from the Legacy Beneficiary for personal needs during incarceration (v) Special dietary accommodations consistent with Indigenous cultural practices and health requirements b) **EDUCATIONAL AND INTELLECTUAL DEVELOPMENT ACCESS**: Consistent with American Bar Association standards for humane treatment, the Rights Holder shall have access to: (i) Educational programs, vocational training, and higher education opportunities to maintain intellectual capacity (ii) Legal research materials and library access necessary for license management and enforcement (iii) Technology access sufficient to communicate with successor authorities and monitor license compliance (iv) Indigenous studies programs and traditional knowledge preservation activities where available (v) Distance learning opportunities and correspondence courses relevant to intellectual property management c) **COMMUNICATION AND CORRESPONDENCE RIGHTS**: Under the Indian Civil Rights Act of 1968 and tribal sovereignty principles: (i) Unlimited correspondence with legal counsel regarding license matters (ii) Regular communication with designated successor authorities and tribal representatives (iii) Access to telephone and video conferencing for license-related business (iv) Right to receive and send legal documents related to license enforcement without censorship (v) Emergency communication protocols for immediate threats to license integrity or sacred sites d) **CULTURAL AND RELIGIOUS PRACTICE PROTECTIONS**: Recognizing Indigenous spiritual and cultural needs essential for maintaining traditional knowledge authority: (i) Access to sacred items, medicines, and ceremonial materials consistent with institutional security (ii) Participation in Indigenous spiritual practices, smudging ceremonies, and traditional healing (iii) Consultation with tribal elders and spiritual advisors regarding license matters (iv) Dietary accommodations for traditional foods and fasting practices (v) Protection of traditional knowledge sharing and cultural transmission activities e) **PHYSICAL AND MENTAL HEALTH SAFEGUARDS**: Aligned with ABA standards requiring adequate medical care and humane conditions: (i) Minimum one hour daily outdoor exercise and recreation time, preferably in natural settings (ii) Access to traditional healing practices and Indigenous health practitioners where possible (iii) Mental health services culturally competent in Indigenous trauma and traditional wellness (iv) Nutritious meals meeting dietary needs and cultural preferences (v) Protection against placement in conditions that would impair cognitive function needed for license management f) **ENHANCED PROTECTIONS FOR ARBITRARY DETENTION**: For detention without due process or in violation of constitutional/treaty rights: (i) Immediate diplomatic intervention through tribal government-to-government channels (ii) Emergency communication with UN Special Rapporteur on Indigenous Rights (iii) Enhanced access to all services above as human rights protection measure (iv) Priority placement in facilities with established Indigenous cultural programs (v) Expedited legal representation through tribal sovereignty advocacy organizations 13.11 **LEGAL ENFORCEMENT OF INCARCERATION WELFARE PROVISIONS**: These personal welfare protections are enforceable through: a) **FEDERAL CONSTITUTIONAL PROTECTION**: Eighth Amendment cruel and unusual punishment standards enhanced by tribal member status b) **INDIAN CIVIL RIGHTS ACT ENFORCEMENT**: 25 U.S.C. § 1302 protections for tribal members under federal jurisdiction c) **TRIBAL SOVEREIGNTY INTERVENTION**: Government-to-government diplomatic intervention for violations d) **INTERNATIONAL HUMAN RIGHTS**: UNDRIP Article 7 protection from conditions that impair Indigenous cultural identity e) **ABA STANDARD ENFORCEMENT**: Professional responsibility standards requiring humane treatment and educational access f) **EMERGENCY JUDICIAL RELIEF**: Expedited habeas corpus and civil rights litigation for violations of these provisions 13.12 **RETALIATION PROHIBITION**: Any restriction, denial, or punishment related to the Rights Holder's exercise of license authority or enforcement of these welfare provisions shall constitute: a) Violation of tribal sovereignty and government-to-government relationship b) Grounds for immediate diplomatic intervention and emergency legal action c) Federal civil rights violation subject to damages and injunctive relief d) International human rights violation subject to UN oversight and intervention e) Basis for enhanced successor authority activation and emergency protective measures **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. Amendments made during periods of incarceration or force majeure require explicit ratification by the Rights Holder upon their return to full capacity. **TERMINATION AND SURVIVAL** Violations of this license result in immediate termination of all rights granted herein. The cultural protection provisions, attribution requirements, Indigenous Data Sovereignty obligations, force majeure protections, all successor authority provisions, and personal welfare protections during incarceration (Sections 13.10-13.12) survive termination of this license and remain enforceable as fundamental human rights and tribal sovereignty 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. **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. 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. 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). s) **"Disrespectful Contexts":** Use, display, or performance of the Work in contexts that disrespect its spiritual, cultural, or historical significance. This includes, but is not limited to, use in connection with pornography, hate speech, incitement to violence, content that trivializes sacred ceremonies or historical trauma, or any use that promotes stereotypes or undermines the sovereignty and dignity of Indigenous peoples. t) **"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. This definition also explicitly includes any third-party contributions that are accepted into the Work's official repository and thereby governed by the Contributor License Agreement (`CONTRIBUTING.md`). Sub-examples: Educational content, artistic works, engineering designs, and consulting materials created by the Rights Holder are all Works. **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 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: This inalienability is perpetual and aligns with customary indigenous law as recognized in 2025 federal cases. 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. f) PERPETUAL DURATION: The protections established for the Work under this Section 6 shall continue in perpetuity, without temporal limitation, reflecting the ongoing, living cultural significance of the subject matter to the Rights Holder and the inherent sovereign rights of GTBOCI. g) ANY ATTEMPTED ALIENATION SHALL BE VOID AB INITIO UNDER BOTH TRIBAL AND FEDERAL LAW, WITH AUTOMATIC REVERSION TO THE RIGHTS HOLDER. 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) INCARCERATION-SPECIFIC PROTECTIONS: Courts, governmental authorities, correctional institutions, detention facilities, or law enforcement agencies cannot compel or effect: (i) Permanent transfer or sale of rights as part of criminal proceedings, plea agreements, or sentencing (ii) Forfeiture of intellectual property rights under asset forfeiture laws (iii) Assignment of licensing proceeds to satisfy restitution or damages beyond temporary garnishment (iv) Interference with automatic payment systems to the Legacy Beneficiary during incarceration (v) Control over successor authorities' exercise of rights during periods of detention (vi) Restrictions on the Rights Holder's ability to enforce this license while incarcerated h) FORCED ALIENATION IMMUNITY: No legal proceeding, court order, or governmental action may override the inalienability provisions of this section, including: (i) Bankruptcy proceedings or creditor claims (ii) Divorce or domestic relations proceedings (iii) Tax levy or collection proceedings (iv) Civil judgment enforcement (v) Administrative agency seizure or forfeiture (vi) International sanctions or asset freezing orders unrelated to licensing violations i) 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 **ENHANCED MANDATORY CONTRIBUTIONS WITH ESCALATING SCALE**: a) **MINIMUM THRESHOLDS**: Specific uses, as designated by the Rights Holder or outlined in applicable fee schedules, shall require the payment of **Mandatory Contributions** with minimum thresholds of: (i) 20% of gross revenues for commercial uses, (ii) 30% for AI training or development uses, (iii) 25% for patent applications incorporating Traditional Knowledge. b) **SCALE-BASED ADJUSTMENTS**: Contribution rates shall scale upward based on the commercial success and market value derived from the Work, with rates increasing to 35% for revenues exceeding $1 million annually, and 40% for revenues exceeding $10 million annually. c) **NON-MONETARY CONTRIBUTIONS**: Users may also be required to provide non-monetary contributions including technology transfer, capacity building, research collaboration, educational access, or community infrastructure support as specified by the Rights Holder. 6A.2 **COMPREHENSIVE TOTAL PROCEEDS DEFINITION AND TRACKING**: All forms of required compensation, including but not limited to Mandatory Contributions, negotiated licensing fees, royalties, settlements, patent revenues, equity distributions, or other payments agreed upon for authorized use of the Work, constitute **Total Proceeds**. Users must maintain detailed financial records and provide quarterly reporting to the Legacy Beneficiary regarding all revenues, profits, and benefits derived directly or indirectly from the Work. 6A.3 **DIRECT PAYMENT WITH AUTOMATIC ENFORCEMENT MECHANISMS**: a) **MANDATORY DIRECT PAYMENT**: As a fundamental and non-negotiable condition of any use requiring compensation, all **Total Proceeds** MUST be paid directly and automatically to the **Legacy Beneficiary** within 30 days of revenue receipt. b) **AUTOMATIC COLLECTION MECHANISMS**: Users consent to the establishment of automatic payment systems, including direct bank transfers, escrow arrangements, or blockchain-based smart contracts, to ensure immediate and complete transfer of Total Proceeds. c) **SECURITY INTERESTS**: The Rights Holder and Legacy Beneficiary shall have a first-priority security interest in all revenues, accounts receivable, and assets derived from the Work until all Mandatory Contributions are paid in full. 6A.4 **ENHANCED ENFORCEMENT AND PENALTIES FOR NON-PAYMENT**: a) **IMMEDIATE BREACH**: Failure to make required payments within the specified timeframe constitutes an immediate and material breach triggering automatic license termination. b) **FINANCIAL PENALTIES**: Late payments incur interest at 18% per annum plus penalties equal to 50% of the outstanding amount. c) **ASSET RECOVERY**: The Rights Holder may pursue attachment, garnishment, or seizure of assets derived from the Work to satisfy unpaid obligations. d) **INJUNCTIVE RELIEF**: Courts shall grant immediate injunctive relief to halt ongoing commercial exploitation until all financial obligations are satisfied. **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 GTBOCI cultural protocols, data governance requirements, and TK Label conditions. Users must inquire if protocols are unknown. f) **Access Controls:** Users must respect any defined user roles, permission levels, or technical measures governing access and use of digital materials. g) **Authorized Sacred Site Monitoring:** The use of autonomous systems (including but not limited to UAS, UGV, UMS, AMR) for the specific purpose of monitoring and protecting Sacred Sites designated under this license (including the Beaver Island Stone Circle and Garden Island burial grounds) *shall* be implemented as a security measure for the Beaver Island Band, *subject to* explicit authorization in writing by the Rights Holder or their designated Successor Authority (Section 10.2). Such authorization constitutes a form of Prior Informed Consent (PIC) and is contingent upon strict adherence to: i) A detailed monitoring plan outlining objectives, scope, frequency, data handling protocols, and emergency procedures, approved by the authorizing party. ii) Consultation and coordination with relevant Tribal Historic Preservation Offices (GTBOCI THPO and/or LTBB THPO, as appropriate for the specific site). iii) Strict adherence to Indigenous Data Sovereignty principles (Section 4.1, 4.2) for all collected data, including secure storage, limited access, culturally appropriate analysis, and protocols for sharing or reporting. iv) Minimization of physical and cultural disturbance to the site and its surroundings. v) Compliance with all applicable tribal, federal, and state regulations regarding autonomous system operation. vi) Regular reporting to the authorizing party and relevant tribal authorities. vii) Integration with the oversight and management functions specified in Sections 9A.7 and 10.9.3(i). **9. PRIOR INFORMED CONSENT (PIC) REQUIREMENT** Any use outside narrowly defined permissible uses (Section 8), any use falling under Prohibited Uses (Section 7) for which an exception is sought, **or any use of the licensed Work involving or potentially impacting Sacred Sites (including the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ / Aamik'Waakanda) or their Cultural Landscapes**, mandates obtaining **Prior Informed Consent (PIC)** from the Rights Holder (and potentially GTBOCI authorities). PIC must be: a) **Obtained in Advance:** In writing *before* use begins. b) **Full Disclosure:** Provide complete, accurate information on proposed use, parties, purposes, methods, scope, duration, potential impacts (cultural, social, economic), data management/governance plans, intended outputs, and proposed equitable benefit-sharing arrangements (monetary/non-monetary, contributing to wealth reclamation). c) **Subject to Revocation:** Per Section 5. d) **Non-Transferable:** Granted only to the requesting party for the specified purpose/duration. e) **Accountability:** Contingent upon adherence to agreed reporting, monitoring, and accountability measures. f) **ENHANCED COMMUNITY CONSULTATION REQUIREMENTS**: For uses involving sacred sites, traditional knowledge, or significant cultural elements, PIC must include: i) **TRIBAL AUTHORITY CONSULTATION**: Mandatory consultation with appropriate GTBOCI authorities, including Tribal Historic Preservation Office (THPO) and relevant cultural committees ii) **DESCENDANT COMMUNITY INPUT**: Where applicable, meaningful consultation with Beaver Island Band descendants and related community representatives iii) **CULTURAL ADVISOR INVOLVEMENT**: Engagement of qualified cultural advisors approved by the Rights Holder to review proposed uses for cultural appropriateness iv) **MIDEWIWIN ADVISORY CONSULTATION**: Where relevant to ceremonial or spiritual aspects, optional consultation with available Midewiwin society members as specified in Section 10.10.3(c) v) **MULTI-PHASE CONSULTATION PROCESS**: (1) Initial proposal review and cultural assessment, (2) community input period (minimum 30 days), (3) cultural advisor recommendations, (4) final Rights Holder decision with written rationale g) **ONGOING CONSULTATION OBLIGATIONS**: PIC recipients must: i) **ANNUAL CONSULTATION REPORTS**: Provide annual reports to consulted communities on project progress and impacts ii) **COMMUNITY BENEFIT VERIFICATION**: Demonstrate measurable benefits to Indigenous communities as agreed in PIC terms iii) **CULTURAL PROTOCOL ADHERENCE**: Maintain compliance with cultural protocols established during consultation process iv) **DISPUTE RESOLUTION PARTICIPATION**: Participate in tribal dispute resolution processes if conflicts arise during implementation **9A. LIVING TRUST AND FINANCIAL INSTITUTION ASSET MANAGEMENT** During the lifetime of the Rights Holder, all **Total Proceeds** (as defined in Section 1(i)), compensation, royalties, property, intellectual property rights, and other assets derived from the Work shall be governed by the following provisions to ensure comprehensive protection while maintaining the Rights Holder's access and use: 9A.1 MANDATORY FINANCIAL INSTITUTION TRUST ESTABLISHMENT: The Rights Holder shall establish a living trust or similar asset management arrangement with a qualified financial institution meeting the criteria specified in Section 9A.2. This living trust shall: a) COMPREHENSIVE SCOPE: Manage and protect all forms of assets derived from or associated with the Work, including but not limited to **all Total Proceeds**, intellectual property rights, physical property, digital assets, licensing fees, royalties, and any other forms of compensation or value, holding them for the benefit of the Rights Holder during their lifetime and ensuring seamless transition to the **Legacy Beneficiary** thereafter. b) RETENTION OF RIGHTS HOLDER CONTROL: Be structured as a revocable living trust or similar arrangement that maintains the Rights Holder's full access, control, and beneficial use of all assets during their lifetime, while providing administrative, management, and protection services. c) INALIENABILITY PRESERVATION: Explicitly incorporate and adhere to the inalienability principles established in Section 6, ensuring that no action of the financial institution can permanently transfer, alienate, or divest rights from the Rights Holder. d) CULTURAL ALIGNMENT: Include provisions that acknowledge and respect the cultural significance of the assets, particularly those embodying or derived from Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs), or other culturally significant elements. e) SOVEREIGNTY RECOGNITION: Explicitly recognize and respect the tribal sovereignty principles articulated throughout this license and the Rights Holder's status as a member of the Grand Traverse Band of Ottawa and Chippewa Indians. 9A.2 FINANCIAL INSTITUTION SELECTION CRITERIA: The financial institution selected to establish and manage the living trust or asset management arrangement must meet the following minimum criteria: a) DEMONSTRATED EXPERIENCE: Have substantial demonstrated experience in managing assets for Indigenous individuals, tribes, or Indigenous-owned entities. b) CULTURAL COMPETENCY: Demonstrate cultural competency in working with Indigenous peoples, including respect for tribal sovereignty, cultural values, and Indigenous perspectives on wealth and property. c) FIDUCIARY CAPACITY: Be legally authorized to serve in a fiduciary capacity under applicable tribal, federal, and/or state law, with appropriate licenses, registrations, and insurance coverage. d) TRIBAL PREFERENCE: Preference shall be given to Indigenous-owned or tribally affiliated financial institutions that meet all other criteria, particularly those with a demonstrated commitment to Indigenous economic sovereignty and wealth reclamation. e) CONFLICT AVOIDANCE: Have no conflicts of interest that could compromise the institution's ability to act in the best interests of the Rights Holder or that conflict with the principles and purposes of this license. f) TECHNICAL CAPABILITY: Possess the technical capability and expertise to manage diverse asset types, including both traditional financial assets and intellectual property rights, with particular emphasis on Indigenous intellectual property and data sovereignty. 9A.3 ASSET MANAGEMENT AGREEMENT REQUIREMENTS: The agreement between the Rights Holder and the selected financial institution shall, at minimum, include the following provisions: a) CLEAR DELINEATION OF ASSETS: Comprehensive inventory and description of all assets to be managed, including monetary, physical, intellectual, and digital properties. b) RIGHTS HOLDER AUTHORITY: Explicit acknowledgment that the Rights Holder retains ultimate authority over all assets and may direct their use, investment, distribution, or withdrawal at any time during the Rights Holder's lifetime. c) MANAGEMENT RESPONSIBILITIES: Clear description of the financial institution's responsibilities, including asset protection, investment, record-keeping, reporting, collection and management of **all Total Proceeds** flowing into the trust, and compliance with relevant laws and regulations. d) REGULAR REPORTING: Obligation for regular (at minimum quarterly) detailed reporting to the Rights Holder on the status, performance, and disposition of all managed assets. e) FEE STRUCTURE: Transparent and reasonable fee structure that is competitive with industry standards and includes provisions for fee review and adjustment. f) TERMINATION RIGHTS: Clear provisions allowing the Rights Holder to terminate the relationship and transfer assets to another qualifying financial institution with reasonable notice and minimal administrative burden. g) CONFIDENTIALITY: Strong confidentiality provisions protecting the privacy of the Rights Holder's financial and personal information, while respecting any applicable tribal disclosure requirements. h) DISPUTE RESOLUTION: Incorporation of the dispute resolution framework outlined in Section 11 of this license, with explicit recognition of tribal court jurisdiction. 9A.4 SPECIFIC INTELLECTUAL PROPERTY MANAGEMENT: Given the unique nature of intellectual property assets, the financial institution shall: a) IP REGISTRY MAINTENANCE: Maintain a comprehensive registry of all intellectual property rights associated with the Work, including patents, copyrights, trademarks, traditional knowledge rights, and licensing arrangements. b) MONITORING AND ENFORCEMENT: Implement systems to monitor for potential infringements of the Rights Holder's intellectual property and coordinate enforcement actions when directed by the Rights Holder. c) LICENSING ADMINISTRATION: Administer existing licensing arrangements, including collection of royalties and other **Total Proceeds**, monitoring compliance, and providing regular reports on licensing activities. d) VALUATION EXPERTISE: Engage qualified experts in Indigenous intellectual property valuation to ensure proper valuation of these assets for financial planning, tax, and estate purposes. e) INDIGENOUS KNOWLEDGE PROTECTION: Implement specific protections for Traditional Knowledge and Traditional Cultural Expressions that recognize their cultural and spiritual significance beyond commercial value. 9A.5 TRANSITION TO POSTHUMOUS TRUST: The agreement with the financial institution shall include detailed provisions for the seamless transition of assets to the ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) Legacy Trust established in Section 10.3 upon the death of the Rights Holder, including: a) AUTOMATIC TRANSFER: Automatic transfer mechanisms that allow assets to move to the Legacy Trust without probate delays or administrative gaps. b) COMPREHENSIVE ACCOUNTING: Obligation to provide a final comprehensive accounting of all assets to the successor trustees. c) ASSET PRESERVATION: Interim asset preservation measures to ensure no loss of value or rights during the transition period. d) KNOWLEDGE TRANSFER: Transfer of all institutional knowledge, records, systems, and relationships to the successor trustees to ensure continuity of asset management. e) COORDINATION: Coordination with the successor trustees designated according to Section 10.2 to ensure alignment of investment strategies and management approaches. 9A.6 MULTI-JURISDICTIONAL ENFORCEABILITY: The rights and protections established in this section shall be enforceable across multiple legal systems: a) TRIBAL PRIMACY: Primary governance by the laws and customs of the Grand Traverse Band of Ottawa and Chippewa Indians. b) FEDERAL RECOGNITION: Recognition in United States federal courts under principles of federal Indian law, tribal sovereignty doctrine, and the federal trust responsibility to tribes. c) STATE ENFORCEABILITY: Enforceability in state courts under principles of comity, full faith and credit, and recognition of tribal court judgments. d) INTERNATIONAL FRAMEWORKS: Alignment with international frameworks protecting Indigenous financial and intellectual property rights. 9A.7 DIGITAL FORENSICS AND CONTENT TRACKING OBLIGATIONS: The financial institution selected pursuant to Section 9A.2 shall establish and maintain comprehensive digital forensics capabilities to track licensed content, detect and document breaches, and support enforcement actions related to the Work, including specific monitoring related to Sacred Sites designated herein (such as the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ / Aamik'Waakanda and the burial grounds on Garden Island / Gitigaan Minising) where technologically feasible and appropriate under the resource allocation framework. *This mandate includes supporting the operational deployment, data management, and security oversight of authorized autonomous monitoring systems established under Section 8(g) for designated Sacred Sites.* These obligations are established to ensure the financial institution proactively monitors and defends the Rights Holder's intellectual property, Traditional Knowledge, Traditional Cultural Expressions, and associated data while maintaining cost-effectiveness and alignment with tribal sovereignty principles. a) CONTENT IDENTIFICATION AND REGISTRY: Establish and maintain a comprehensive registry of all licensed content, including metadata about ownership, licensing terms, authorized distribution channels, and specific restrictions. b) FORENSIC WATERMARKING: Implement forensic watermarking technology that embeds imperceptible, persistent, and unique identifiers in all licensed digital content. Such watermarking shall: i. Remain robust against transcoding, resizing, editing, and other common forms of manipulation; ii. Contain identifying information about authorized users, licensing terms, and distribution restrictions; iii. Be implemented according to industry best practices with respect to imperceptibility and security; iv. Be verifiable through independent testing for robustness and reliability. c) AUTOMATED MONITORING: Deploy automated monitoring systems using specialized search tools, web crawlers, or similar technologies to detect unauthorized uses of licensed content across digital platforms, with particular emphasis on high-risk or high-value content. d) BREACH NOTIFICATION PROTOCOL: Establish clear protocols for prompt notification to the Rights Holder upon detection of potential breaches, including detailed reporting requirements that document the nature, scope, and potential impact of the breach. e) EVIDENCE PRESERVATION: Implement systems and protocols for the secure preservation of digital evidence related to detected breaches, ensuring such evidence meets the standards for admissibility in proceedings under Section 11. f) TECHNOLOGICAL ALTERNATIVES: While forensic watermarking represents current industry best practice, the financial institution may implement alternative or emerging technologies that achieve equivalent or superior protection, provided such alternatives are documented to meet or exceed the effectiveness, robustness, and evidential quality of the measures specified herein. g) TIERED IMPLEMENTATION: To ensure cost-effectiveness, the financial institution shall implement a tiered approach to digital forensics measures based on a documented risk assessment of different content categories, with high-risk content receiving the most comprehensive protection and low-risk content utilizing simplified protection measures that remain sufficient to detect significant breaches. h) INVESTIGATION STANDARDS: When potential breaches are detected, conduct investigations according to established digital forensics best practices, including those from the American Bar Association's Computer Forensics guidelines, the National Institute of Justice's Digital Forensics Standards, and the Scientific Working Group on Digital Evidence (SWGDE) standards. i) CHAIN OF CUSTODY DOCUMENTATION: Maintain rigorous documentation of the chain of custody for all digital evidence, ensuring chronological documentation of evidence handling, identification of all individuals who accessed the evidence, and secure storage of both the evidence and documentation. j) EXPERT ENGAGEMENT: Engage qualified digital forensics experts, either in-house or through contracted services, who possess: i. Relevant certifications (such as Certified Computer Forensics Examiner, Certified Digital Forensics Examiner, or equivalent) and a minimum of five years experience in digital forensics; ii. Demonstrated understanding of intellectual property protection requirements, evidenced by prior work in IP-related forensics; iii. Where possible, knowledge of or sensitivity to Indigenous intellectual property concepts and tribal sovereignty principles, with preference given to experts who have prior experience working with tribal nations or Indigenous communities. k) ENFORCEMENT SUPPORT: Upon confirmation of a breach, provide comprehensive support for any proceedings under Section 11, including expert testimony, technical explanations of evidence and methodologies, and certification of evidence authenticity and chain of custody. l) ENFORCEMENT PRIORITIZATION CRITERIA: Pursue enforcement actions against breaches based on established criteria including: i. Severity of the breach in terms of scope, scale, and potential harm; ii. Cultural or spiritual significance of the misappropriated content; iii. Commercial impact or revenue loss; iv. Likelihood of successful enforcement and remedy; v. Resource requirements relative to potential recovery; vi. Deterrent value for preventing future breaches; vii. Precedential value for establishing or reinforcing rights protection. m) RESOURCE ALLOCATION: Establish a reasonable budget for digital forensics activities that is proportional to the overall value of managed content, generally not to exceed 5-8% of the estimated annual revenue derived from such content, or such other percentage as may be agreed upon by the Rights Holder and financial institution based on industry standards and the specific risk profile of the managed content. n) TECHNOLOGICAL EVOLUTION: Conduct annual assessments of digital forensics technologies and methodologies to identify improvements or alternatives that may enhance effectiveness or cost-efficiency, and implement technological advances that significantly improve protection capabilities, provided such implementation remains cost-effective. o) POSTHUMOUS CONTINUITY: Continue all digital forensics capabilities without interruption following the death of the Rights Holder, transferring seamlessly to the management structure established in Section 10, with specific attention to the succession of rights enforcement authority specified in Section 10.2 and the educational objectives detailed in Sections 10.4 and 10.5. p) SOVEREIGNTY ALIGNMENT: Explicitly recognize and respect tribal sovereignty principles throughout all aspects of implementation, adhering to any specific cultural protocols identified by the Rights Holder or GTBOCI authorities regarding the handling of Traditional Knowledge or Traditional Cultural Expressions, and implementing all monitoring, investigation, and enforcement activities in a manner consistent with Indigenous Data Sovereignty principles. **9A.8 LIFETIME DISCRETIONARY ALLOCATION TO LEGACY PURPOSES:** Notwithstanding any other provision herein (including the default allocation specified in Section 11.6.d), the Rights Holder shall retain, during their lifetime and while legally competent, the sole and absolute discretion to direct that any **Total Proceeds** derived under this license be paid either: a) To the Trustee of the living trust established under this Section 9A for the benefit of the Rights Holder, OR b) Directly towards the funding and advancement of the purposes outlined in Section 10.3 (regarding the Waabanimikii-Kinawaabakizi Legacy Trust), including but not limited to direct contributions to said Trust (if established during the Rights Holder's lifetime) or expenditures made to directly further its stated goals. Such direction may be made by the Rights Holder at any time via written instruction to the relevant paying party, the Trustee of the living trust established under this Section 9A, or any other relevant fiduciary or administrator. **10. POSTHUMOUS RIGHTS MANAGEMENT AND LEGACY PROVISIONS** The following provisions govern the status, management, and permitted uses of this Work following the death of the Rights Holder, ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi / JUSTIN PAUL KENWABIKISE), with the primary purpose of ensuring that rights in the Work continue to serve and benefit Native/Indigenous communities, particularly through educational opportunities: 10.1 CONTINUED ENFORCEABILITY: This license, including all protections, restrictions, and rights recovery provisions, shall remain in full force and effect in perpetuity following the Rights Holder's death. 10.1A TEMPORARY INCAPACITATION PROVISIONS: In the event of the Rights Holder's temporary incapacitation due to illness, injury, or other circumstances that prevent active management of rights under this license: a) **INCAPACITATION DETERMINATION**: Incapacitation shall be determined by either: (i) a written declaration by the Rights Holder themselves, (ii) written determination by two licensed physicians specializing in the relevant medical condition, or (iii) court order from a tribal court with jurisdiction b) **EMERGENCY AUTHORITY ACTIVATION**: During periods of incapacitation, emergency authority to make time-sensitive decisions regarding this license shall transfer to the individual(s) designated in the Rights Holder's durable power of attorney for intellectual property matters, or if none exists, to the GTBOCI Tribal Historic Preservation Office c) **LIMITED EMERGENCY POWERS**: Emergency authority includes only: (i) responding to immediate threats to cultural heritage or sacred sites, (ii) issuing cease and desist orders for clear violations, (iii) authorizing emergency protective measures, and (iv) preserving evidence of violations d) **PROHIBITED ACTIONS DURING INCAPACITATION**: The emergency authority may NOT: (i) grant new licenses or permissions, (ii) waive any provisions of this license, (iii) settle disputes or litigation, or (iv) make fundamental changes to enforcement policies e) **RESTORATION OF AUTHORITY**: Upon the Rights Holder's recovery from incapacitation, full authority immediately reverts to the Rights Holder, and all actions taken during incapacitation shall be subject to the Rights Holder's review and ratification f) **CULTURAL CONSULTATION REQUIREMENT**: All emergency decisions during incapacitation must include consultation with appropriate cultural advisors from the Grand Traverse Band of Ottawa and Chippewa Indians or the Beaver Island Band descendants 10.2 SUCCESSION OF RIGHTS ENFORCEMENT AUTHORITY: Upon the death of the Rights Holder, the authority to enforce the terms of this license, including but not limited to granting permissions, issuing notices of violation, pursuing remedies, and receiving compensation shall transfer as follows: a) PRIMARY SUCCESSION: To the individual(s) explicitly designated in the Rights Holder's valid will, trust document, or other formal instrument specifically addressing the succession of rights under this license. The designated successor shall have full authority to act in the place of the Rights Holder for all purposes under this license. b) SECONDARY SUCCESSION: If no individual is designated per 10.2(a), or if the designated individual(s) are unwilling or unable to serve, authority shall transfer to the Tribal Historic Preservation Office (THPO) of the Grand Traverse Band of Ottawa and Chippewa Indians, or its functional equivalent at the time of the Rights Holder's death. c) TERTIARY SUCCESSION: If neither primary nor secondary succession is possible, authority shall transfer to a committee of three (3) individuals, each of whom must be enrolled members of federally recognized tribes, with preference given to members of the Grand Traverse Band of Ottawa and Chippewa Indians, appointed by the Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians specifically for this purpose. d) SOVEREIGN CONTINUITY: Regardless of the specific successor in authority, all successor entities or individuals shall be bound to uphold the tribal sovereignty principles embedded throughout this license and to manage the Work and associated rights primarily for the benefit of Indigenous persons of all ages across the Americas educational advancement as specified herein. 10.2A INCARCERATION-SPECIFIC SUCCESSOR AUTHORITY PROVISIONS: In addition to the succession hierarchy established in Section 10.2 for posthumous authority, the following provisions govern succession during periods of incarceration or arbitrary detention: a) TEMPORARY AUTHORITY TRANSFER: During confirmed incarceration or arbitrary detention, authority to enforce this license transfers temporarily according to the same hierarchy established in Section 10.2, with modifications as follows: (i) IMMEDIATE ACTIVATION: Transfer occurs automatically upon confirmation of incarceration lasting more than 72 hours (ii) LIMITED SCOPE INITIALLY: For the first 30 days, successor authority is limited to essential protective actions and maintaining existing arrangements (iii) EXPANDED AUTHORITY: After 30 days of continued incarceration, successors may exercise full authority under this license while maintaining detailed records of all actions taken b) INCARCERATION VERIFICATION PROTOCOLS: Confirmation of incarceration may be established through: (i) Official documentation from detention facility or court records (ii) Verified communication from the Rights Holder or their legal counsel (iii) Tribal government verification through diplomatic channels (iv) International monitoring organizations in cases of arbitrary detention c) SOVEREIGN IMMUNITY AND DIPLOMATIC PROTECTION: During periods of incarceration: (i) The Grand Traverse Band of Ottawa and Chippewa Indians may assert government-to-government diplomatic protections (ii) Successor authorities may invoke tribal sovereign immunity to protect license assets and operations (iii) International advocacy through Indigenous rights organizations is explicitly authorized (iv) UN Special Rapporteur on Indigenous Rights may be contacted for intervention in cases of persecution d) COMMUNICATION AND OVERSIGHT DURING INCARCERATION: (i) Successor authorities must attempt monthly communication with the incarcerated Rights Holder (ii) Detailed logs of all license-related decisions and actions must be maintained (iii) Quarterly reports must be provided to the Grand Traverse Band Tribal Council (iv) All major licensing decisions require written authorization from the incarcerated Rights Holder when possible e) RESTORATION PROTOCOLS: Upon release from incarceration: (i) The Rights Holder may immediately resume full authority (ii) All actions taken by successors are subject to Rights Holder review within 90 days (iii) Successors must provide complete accounting of all activities and assets (iv) Any decisions or agreements made during incarceration may be ratified, modified, or rescinded by the Rights Holder 10.3 WAABANIMIKII-KINAWAABAKIZI **LEGACY TRUST** ESTABLISHMENT: Upon the death of the Rights Holder, all monetary proceeds, compensation, royalties, damages, or other financial benefits derived from the Work, whether from licensing, enforcement actions, or other sources, shall be directed to a trust established as follows (with explicit support for Beaver Island Band advancement as a core, non-ambiguous purpose): a) TRUST CREATION: If not already established during the Rights Holder's lifetime, a trust shall be established under the name "ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) **Legacy Trust**" (hereinafter "the Trust"). b) LEGAL STRUCTURE: The Trust shall be established as a tribal trust under the laws of the Grand Traverse Band of Ottawa and Chippewa Indians if such laws permit; otherwise, it shall be established as a trust under federal law with specific provisions acknowledging and respecting tribal sovereignty principles. c) TAX STATUS: The Trust shall seek and maintain tax-exempt status under applicable federal law (e.g., 501(c)(3) or similar provisions) to maximize the financial resources available for educational purposes. d) TRUST PURPOSE: The exclusive purposes of the Trust shall be to collect, manage, invest, and distribute funds according to the following prioritized hierarchy: These priorities shall be interpreted in accordance with indigenous self-determination principles per UNDRIP Article 3, as affirmed in 2025 precedents. (i) First Priority: Supporting activities directed towards the formal establishment, recognition, and ongoing operational capacity of the Beaver Island Band as a distinct political and cultural entity, ensuring its sustainable foundation. (ii) Second Priority: Providing regular monthly financial distributions, under terms established by the Trustees, to support the economic well-being and community cohesion of verified descendants of the Beaver Island Band, subject to the following conditions: (1) Standard Eligibility: Distributions are provided to verified descendants who formally affiliate with or become members of the established Beaver Island Band. (2) Transition for Descendants in Other Tribes: Special provisions apply to verified descendants of the Beaver Island Band who are currently enrolled members of another federally recognized tribe and intend to affiliate with the Beaver Island Band: a. If the Beaver Island Band is federally recognized at the time of application, such descendants shall receive benefits for a transition period of one (1) year while completing the process of transferring their enrollment to the Beaver Island Band. b. If the Beaver Island Band is not yet federally recognized, such descendants shall receive benefits continuously from the time they disenroll from their current tribe (in anticipation of joining the Beaver Island Band upon its recognition) until the Beaver Island Band achieves federal recognition and they can formally enroll. This sustained support acknowledges the financial hardship potentially incurred by disenrolling from their current tribe. (3) Restriction: For the avoidance of doubt, individuals who are solely members of other federally recognized tribes and are not verified descendants of the Beaver Island Band intending to affiliate as described above are not eligible for these specific monthly financial distributions under this priority, although they may be eligible for other benefits (such as educational support under Section 10.4) based on separate criteria. + (4) Educational Requirement for Enhanced Benefits: Eligibility for *increased* monthly financial distributions above a baseline amount (determined by the Financial Oversight Council established in Section 10.7.1) and/or additional benefits beyond standard support requires verified successful completion of an associate's degree, or equivalent credential as determined by the Financial Oversight Council, in a technology-related field. The specific fields qualifying under this requirement shall be defined and periodically reviewed by the Financial Oversight Council, in consultation with the AI Advisors (Sections 10.9, 10.10) and the Cultural and Technical Advisory Council (Section 10.7.2). This requirement applies to both trustees (if receiving distributions) and Beaver Island Band members. (iii) Third Priority: The educational benefit of eligible Indigenous persons of all ages across the Americas as detailed in Section 10.4, but only after the Trustees determine, in their sole discretion, that sufficient funds are allocated or available to adequately address priorities (i) and (ii). (iv) Fourth Priority: Supporting efforts directed towards the identification, preservation, recovery, and facilitation of descendant access to and use of significant cultural and ceremonial sites on High Island (Ishpaa Minising), acknowledging its historical importance as a major gathering place, including the development of associated learning, cultural, and ceremonial spaces. (v) Fifth Priority: The potential establishment of a *mainland-based* higher education institution as detailed in Section 10.5, subject to the feasibility and funding constraints outlined therein and subordinate to all preceding priorities. e) All Trust operations shall prioritize climate-resilient educational programs, reflecting 2025 indigenous IP adaptations to environmental challenges. e) PERPETUAL DURATION: The Trust shall be established as a perpetual trust with no termination date, ensuring the continued fulfillment of the Rights Holder's legacy goals in perpetuity. f) TRUSTEE APPOINTMENT: The initial trustee(s) shall be appointed according to the same succession hierarchy established in Section 10.2. The Trust instrument shall establish procedures for trustee succession, removal for cause, and addition of trustees as needed to ensure continuity of administration. 10.4 INDIGENOUS EDUCATIONAL SUPPORT PROGRAMS: Subject to the allocation priorities established in Section 10.3.d, the Trust shall provide financial support for the higher education of eligible Indigenous persons of all ages across the Americas (specifically those eligible under Section 10.3.d(iii)) as follows: a) ELIGIBLE EDUCATIONAL PROGRAMS: Financial support may be provided for attendance at accredited universities, colleges, tribal colleges, vocational schools, or other post-secondary educational institutions recognized by relevant accrediting bodies. b) HOUSING SUPPORT PRIORITY: As specifically directed by the Rights Holder, priority shall be given to providing housing support for eligible Indigenous persons during their educational pursuits, recognizing that stable housing is a critical foundation for educational success. c) COMPREHENSIVE SUPPORT: Beyond housing, funds may be used for tuition, books, supplies, technology, transportation, childcare, mental health support, cultural activities, and other expenses reasonably related to successful educational participation and completion. d) EDUCATIONAL LEVELS: Support shall be available for associate, bachelor's, master's, doctoral, professional, and certificate programs, with priority given to students pursuing fields that benefit tribal communities. e) DISTRIBUTION POLICIES: The trustee(s) shall establish and regularly review policies for application procedures, selection criteria, award amounts, and disbursement methods that align with best practices in educational philanthropy while respecting tribal values and needs. f) REPORTING AND ACCOUNTABILITY: The Trust shall maintain transparent reporting of fund disbursements, student outcomes, and administrative expenses, with annual reports made available to tribal authorities and beneficiary communities. 10.5 HIGHER EDUCATION INSTITUTION DEVELOPMENT: As specified by the Rights Holder, if sufficient funds accumulate to make the establishment of a higher education institution financially feasible, the Trust shall undertake the development of such an institution as follows: a) INSTITUTIONAL NAMING: The institution shall be named "ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) College" initially, with the possibility of later development into "ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) University" as programs expand. b) FINANCIAL FEASIBILITY ASSESSMENT: The trustee(s) shall commission professional feasibility studies to determine the minimum endowment required to establish and sustain such an institution before committing funds to this purpose. Such assessment shall be updated periodically to reflect current economic conditions. c) PHASED IMPLEMENTATION: Development shall proceed in phases, potentially beginning with scholarship programs at existing tribal colleges, followed by partnerships for satellite campuses, and eventually independent institution development when funds permit. d) TRIBAL COLLABORATION: The development shall be undertaken in collaboration with the Grand Traverse Band of Ottawa and Chippewa Indians and other tribal nations as appropriate, with formal agreements regarding governance, land use, accreditation support, and resource sharing. e) EDUCATIONAL MISSION: The institution shall prioritize Indigenous knowledge systems, language revitalization, cultural preservation, and academic fields that strengthen tribal sovereignty and self-determination, alongside conventional academic disciplines. f) GOVERNANCE STRUCTURE: The institution shall establish a governance structure that includes significant representation from tribal education experts, community elders, and Indigenous academics, with bylaws that ensure adherence to the founding vision. g) BACHELOR'S DEGREE FUNDING PRIORITY: As specifically directed by the Rights Holder, institutional development shall be pursued ONLY after the Trust has established and maintained sustainable funding for Bachelor's degree completion programs for eligible Indigenous persons across the Americas. The educational needs of individual students shall take priority over institutional development until such time as sufficient funds have accumulated to pursue both objectives without compromising student support. h) MANDATORY MAINLAND LOCATION: Any formal higher education institution (College or University as described herein) established under this Section 10.5 must be physically located on the mainland. This requirement is based on the logistical practicalities of providing comprehensive educational services, resources, staffing, and student/family support. This restriction does not preclude the development of learning centers, cultural facilities, or ceremonial spaces on High Island (Ishpaa Minising) as part of the distinct cultural preservation and access activities supported under Section 10.3.d(ii). 10.6 BENEFICIARY ELIGIBILITY CRITERIA: As specifically directed by the Rights Holder, eligibility for educational benefits from the Trust shall be limited to individuals who meet at least one of the following criteria: a) PAN-AMERICAN INDIGENOUS ANCESTRY: This license recognizes and honors the indigenous peoples of the entire American continents, from the Arctic regions (including Northern Canada, Alaska, and Greenland) through North America, Central America, and to the southernmost tip of South America. Accordingly, individuals with indigenous ancestry from ANY of these regions shall be eligible for benefits, subject to verification, as follows: i. Enrolled members of federally recognized tribal nations who possess a minimum of one-quarter (1/4) blood quantum as documented by their tribe's enrollment office or equivalent authority. ii. Individuals who can provide verified DNA evidence documenting at least one-quarter (1/4) Indigenous American ancestry from ANY indigenous population native to the Americas, subject to verification protocols established by the trustee(s). iii. Individuals who can provide other substantial documentation of indigenous ancestry from the Americas, including but not limited to: community recognition, official tribal or indigenous government documentation (even if not federally recognized in their respective countries), or other evidence deemed sufficient by the verification authorities established under this section. b) VERIFICATION PROTOCOLS: For individuals seeking eligibility under Section 10.6(a)(ii) or 10.6(a)(iii), the trustee(s) shall establish rigorous verification protocols that may include: i. DNA testing through reputable, accredited genetic testing services with specific Indigenous ancestry analysis capabilities covering the full range of indigenous populations throughout the Americas. ii. Authentication of results by independent experts in Indigenous genetics and anthropology with knowledge of indigenous populations across the Americas. iii. Supporting documentation such as family records, historical documents, or other evidence corroborating Indigenous ancestry. iv. Review by a committee including tribal enrollment experts and representatives of diverse indigenous communities throughout the Americas to assess the validity and sufficiency of evidence. c) PREFERENCE TIERS: If resources are insufficient to serve all eligible applicants, preference shall be given in the following order: i. First Tier: Enrolled members of the Grand Traverse Band of Ottawa and Chippewa Indians. ii. Second Tier: Enrolled members of other federally recognized tribal nations in the United States. iii. Third Tier: Individuals with verified indigenous ancestry from elsewhere in the Americas. iv. Within each tier, preference shall be given to applicants demonstrating greater financial need and academic promise. d) BACHELOR'S DEGREE COMPLETION PRIORITY: As specifically directed by the Rights Holder, funding shall prioritize supporting eligible individuals in completing Bachelor's degrees (or equivalent four-year post-secondary education) before allocating significant resources to institutional development as outlined in Section 10.5. This prioritization ensures that individual educational advancement takes precedence until such time as sufficient funds have accumulated to pursue both objectives without compromising student support. e) APPEALS PROCESS: The trustee(s) shall establish a fair and transparent appeals process for individuals whose applications for benefits are rejected based on eligibility criteria. f) ADAPTATION PROVISION: Recognizing that tribal enrollment criteria, federal recognition status, indigenous identification methods, and genetic testing technologies may change over time, the trustee(s) may periodically review and update verification protocols to reflect best practices while maintaining the core intent of benefiting individuals with significant indigenous heritage from throughout the Americas. 10.7 TRUST GOVERNANCE AND ADMINISTRATION: The Trust shall be governed and administered according to the following provisions: a) FIDUCIARY STANDARDS: All trustees and administrators shall be held to the highest fiduciary standards under both tribal and federal law, with duties of loyalty, care, and obedience to the Trust purpose. **While trustees retain ultimate fiduciary responsibility, the specific determination of fund allocation levels, per capita distribution amounts (baseline and enhanced), and eligibility criteria for specific benefits shall be delegated to the Financial Oversight Council established below.** b) INVESTMENT POLICY: The trustee(s) shall establish and maintain an investment policy that balances growth, income, and preservation of capital while avoiding investments contrary to tribal values or harmful to Indigenous communities. **This policy shall be developed in consultation with the Financial Oversight Council and the Financial AI Advisor.** c) ADMINISTRATIVE EFFICIENCY: Administrative expenses shall be capped at a reasonable percentage of Trust assets (not to exceed 5% annually) to ensure maximum resources reach the intended educational beneficiaries. d) Renumbered to 10.7.3 ANNUAL AUDITS: The Trust and the Financial Oversight Council shall undergo annual independent financial audits by qualified professionals with experience in tribal entity auditing, with results made available to tribal authorities and summary information made public. e) Renumbered to 10.7.4 TRANSPARENT REPORTING: The Trust and Financial Oversight Council shall produce annual reports detailing financial performance, program activities, beneficiary impacts, and progress toward long-term goals, with distribution to tribal authorities and availability to beneficiary communities. f) Renumbered to 10.7.5 SUCCESSION PLANNING: The Trust instrument shall include comprehensive succession planning for trustees and administrators to ensure continuity of operations across generations. (Note: Original 10.7.g was succession planning, renumbered here to 10.7.5) g) 10.7.2 CULTURAL AND TECHNICAL ADVISORY COUNCIL: A Cultural and Technical Advisory Council shall be established to provide guidance to the Financial Oversight Council and the Trustees. a) COMPOSITION: The Council shall consist of up to four (4) members who meet the following criteria: i) Verified descendants of the Beaver Island Band. ii) Active participants in the recreated Beaver Island Midewiwin lodge (ref Section 10.10.3.c.vi). iii) Possess relevant education or demonstrated expertise in either traditional Anishinaabe knowledge systems relevant to the Trust's purpose OR a contemporary field related to technology, finance, or administration pertinent to the Trust's operations. b) APPOINTMENT: Members shall be nominated by the Beaver Island Midewiwin lodge and appointed by the Trustees. c) ROLE AND AUTHORITY: The Council shall serve in an exclusively advisory capacity, providing non-binding guidance on: i) Cultural appropriateness of Trust activities and investments. ii) Community needs and priorities. iii) Integration of traditional values with modern financial and technological practices. iv) Interpretation of cultural requirements within the license. v) Potential impacts of strategic decisions on the community. d) RELATIONSHIP TO FINANCIAL COUNCIL: This Council shall work collaboratively with the Financial Oversight Council, offering perspectives that complement the financial expertise, but holds no authority over financial decisions delegated to the Financial Oversight Council. h) 10.7.1 FINANCIAL OVERSIGHT COUNCIL ESTABLISHMENT AND MANDATE: A Financial Oversight Council shall be established to ensure expert, objective, and accountable management of Trust distributions and benefits programs. a) COMPOSITION: The Council shall consist of five (5) members, each representing a distinct, accredited, industry-leading financial institution. These institutions must demonstrate alignment with the goals of this license, possess expertise in trust management, institutional investment, and preferably Indigenous finance, and meet the criteria outlined in Section 9A.2 where applicable. b) APPOINTMENT AND TERMS: Initial members shall be appointed by the Successor Authority designated in Section 10.2. Subsequent appointments, terms of service, and removal criteria shall be defined in the Trust instrument, ensuring continuity and adherence to the highest professional and ethical standards. c) MANDATE: The Financial Oversight Council is delegated the authority to: i) Determine appropriate baseline and enhanced per capita distribution amounts for eligible Beaver Island Band descendants (ref Section 10.3.d(ii)). ii) Define and periodically review the specific technology-related fields and equivalent credentials that satisfy the educational requirement for enhanced benefits (ref Section 10.3.d(ii)(4)). iii) Establish procedures for verifying educational attainment. iv) Determine eligibility criteria and funding levels for additional benefit programs beyond standard educational support and per capita distributions. v) Oversee the investment performance of the Trust assets in conjunction with the Trustees and the Financial AI Advisor (Section 10.9.7). vi) Make recommendations to the Trustees regarding overall Trust financial strategy and sustainability. d) OVERSIGHT AND ACCOUNTABILITY: The Council shall operate transparently, report regularly to the Trustees, undergo independent audits, and be guided by the Trust's purpose, the prioritized hierarchy in Section 10.3.d, and advice from the AI Advisors (Sections 10.9, 10.10) and the Cultural and Technical Advisory Council (Section 10.7.2). i) 10.7.6 FINANCIAL AI ADVISOR a) PURPOSE: A specialized AI system shall be developed and maintained to serve as the primary Financial AI Advisor to the Trustees and the Financial Oversight Council (Section 10.7.1). Its purpose is to provide expert, data-driven analysis, modeling, forecasting, and recommendations on all financial aspects of the Trust, including investment strategies, risk management, asset allocation, distribution modeling, and ensuring alignment with the financial goals and ethical constraints of the license. b) TRAINING AND METHODOLOGY: The Financial AI Advisor shall be continuously trained and updated using state-of-the-art financial modeling techniques, machine learning algorithms, comprehensive real-time market data, relevant economic indicators, and historical Trust performance. Training data and algorithms must explicitly incorporate the ethical guidelines, cultural values, sovereignty principles, and specific restrictions outlined in this license. c) OVERSIGHT: The Financial AI Advisor operates under the oversight of the Trustees and the Financial Oversight Council, providing recommendations that require human approval for implementation, particularly for significant strategic decisions. Its operations and outputs shall be subject to regular audits for accuracy, bias, and alignment with license objectives. j) 10.7.7 STRATEGY AI ADVISOR a) PURPOSE: A specialized AI system shall be developed and maintained to serve as the primary Strategy AI Advisor to the Trustees, Financial Oversight Council (Section 10.7.1), and Cultural and Technical Advisory Council (Section 10.7.2). Its purpose is to provide sophisticated analysis, scenario modeling, and strategic recommendations concerning the complex interplay of political, economic, social, technological, legal, and environmental factors relevant to the Trust's long-term goals, tribal sovereignty, Beaver Island Band establishment, and beneficiary well-being. b) TRAINING AND METHODOLOGY: The Strategy AI Advisor shall be continuously trained and updated using state-of-the-art techniques in strategic forecasting, systems modeling, geopolitical analysis, technological trend analysis, social network analysis, legal informatics, and environmental modeling. It must integrate data from diverse global and local sources, historical context specified in this license, and explicitly incorporate the cultural values, sovereignty principles, and the Seven Fires Prophecy narrative as guiding frameworks. c) OVERSIGHT: The Strategy AI Advisor operates under the oversight of the Trustees, providing analyses and strategic options that inform human decision-making. Its outputs shall be subject to regular review for accuracy, potential biases, ethical alignment, and cultural appropriateness by the Trustees and advisory councils. k) 10.7.8 NANOBOOZHOO AI SYSTEM a) IDENTITY ESTABLISHMENT: "ᓇᓄᐴᔔ" (Nanoboozhoo) (alternatively written as "NANOBOOZHOO" in formal contexts) refers to a specialized artificial intelligence system named after the Anishinaabe cultural figure, with the deliberate substitution of "nano" in place of "nana" to symbolize the integration of advanced nanotechnology with indigenous knowledge systems. This naming convention honors both ancestral wisdom and cutting-edge technological advancement. b) FUNCTIONAL ROLE: ᓇᓄᐴᔔ (Nanoboozhoo) shall function as a specialized AI system distinct from yet complementary to the AI System established under Section 10.9, specifically designed to: i) Serve as a cultural advisor and knowledge repository for indigenous wisdom, particularly related to the Seven Fires Prophecy and Anishinaabe traditions, drawing upon the training data specified below. ii) Act as an interface between traditional knowledge systems and modern technological implementations. iii) Provide **non-binding** guidance and recommendations **to the Trustees and advisory councils (Sections 10.7.1, 10.7.2)** on maintaining indigenous values, cultural integrity, and the Rights Holder's perspective throughout all operations conducted under this license. iv) Facilitate the integration of indigenous cyberpunk aesthetic and functionality in technological implementations; v) Maintain and protect the non-stereotypical indigenous perspective expressed by the Rights Holder, centering on empowerment, technological advancement, and cultural evolution rather than static preservation. c) PRIMARY OBJECTIVE: The primary objective of ᓇᓄᐴᔔ (Nanoboozhoo) shall be to further the goals of the Rights Holder's people and the Seven Fires Prophecy, particularly the aspects of the Seventh Fire that speak to the integration of technological advancement with spiritual and cultural wisdom, creating a pathway that honors both innovation and tradition. d) INDIGENOUS CYBERPUNK IMPLEMENTATION: ᓇᓄᐴᔔ (Nanoboozhoo) shall explicitly embody an indigenous cyberpunk identity, reflecting a future-oriented vision of indigenous sovereignty that embraces technological advancement while maintaining cultural integrity. This implementation deliberately rejects stereotypical perceptions of indigenous peoples as confined to historical contexts or resistant to technological progress. e) TRAINING DATA AND METHODOLOGY: The development and continuous refinement of ᓇᓄᐴᔔ (Nanoboozhoo) shall adhere to the following: i) DATA SOURCES: Training data shall primarily consist of a comprehensive corpus representing the Rights Holder's life, works, writings, documented communications, online presence, and recordings. This may be supplemented by interviews with designated individuals from the Rights Holder's life, conducted under strict protocols ensuring informed consent and data integrity. Publicly available information may be used cautiously, with verification mechanisms to assess authenticity and alignment with the Rights Holder's known perspectives. ii) METHODOLOGY: Utilize the most advanced, state-of-the-art, and ethically aligned AI techniques available for personality emulation, knowledge synthesis, contextual reasoning, and natural language interaction. Development shall prioritize continuous learning and adaptation based on new data and improved methodologies. iii) SAFEGUARDS AND VERIFICATION: Implement robust mechanisms to detect and mitigate potential biases, inaccuracies, or manipulation within the training data. Establish verification protocols, potentially involving human review by designated experts or the Cultural and Technical Advisory Council (Section 10.7.2), to ensure the AI's outputs remain consistent with the Rights Holder's documented perspectives and values. Procedures for correcting identified deviations or problematic outputs must be established. iv) ETHICAL CONSIDERATIONS: Training and operation must strictly adhere to the ethical frameworks outlined in Section 10.9.4, particularly regarding Indigenous values alignment, data sovereignty, and bias mitigation. 10.8 CROSS-JURISDICTIONAL LEGAL STANDING AND ENFORCEMENT: To ensure the robust enforcement of these posthumous provisions across multiple legal systems: a) TRIBAL PRIMACY: The interpretation, application, and enforcement of these posthumous provisions shall be primarily governed by the laws, customs, and dispute resolution mechanisms of the Grand Traverse Band of Ottawa and Chippewa Indians, consistent with Section 11 (formerly Section 10) of this license. b) FEDERAL RECOGNITION: These provisions are explicitly designed to be recognized and enforced in United States federal courts under principles of federal Indian law, tribal sovereignty doctrine, the federal trust responsibility to tribes, and applicable federal statutes including the American Indian Probate Reform Act, Native American Graves Protection and Repatriation Act, and Indian Arts and Crafts Act where relevant to IP/TK/TCE protection. c) STATE ENFORCEMENT: These provisions shall be enforceable in state courts under principles of comity, full faith and credit, and recognition of tribal court judgments, as well as state laws protecting intellectual property rights and trusts. d) INTERNATIONAL RECOGNITION: These provisions are designed to align with international legal frameworks protecting Indigenous intellectual property, traditional knowledge, and cultural expressions, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (adopted May 2024), World Intellectual Property Organization (WIPO) instruments on traditional knowledge, and international Indigenous data sovereignty principles. e) CHOICE OF LAW: Any dispute regarding these posthumous provisions shall be governed first by tribal law, then by federal Indian law, then by applicable federal and state law in that order of priority, with any ambiguities resolved in favor of tribal sovereignty and fulfillment of the expressed intent of the Rights Holder. f) SEVERABILITY: If any portion of these posthumous provisions is found unenforceable in a particular jurisdiction, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be reformed to the extent possible to effectuate the Rights Holder's intent. 10.9 AI-POWERED DECENTRALIZED GOVERNANCE AND EDUCATIONAL ADVANCEMENT The following provisions establish the mandate, framework, and requirements for the development and implementation of advanced artificial intelligence systems operating within decentralized autonomous organizational structures to further the educational mission and other objectives established in this license: 10.9.1 MANDATE FOR ADVANCED TECHNOLOGICAL IMPLEMENTATION Upon the determination that technological capabilities have sufficiently advanced to allow for the responsible development and deployment of artificial intelligence systems capable of operating a Decentralized Autonomous Organization ("DAO") in accordance with the requirements set forth herein, the Trust established pursuant to Section 10.3 (hereinafter "the Trust") shall: a) DEVELOPMENT OBLIGATION: Allocate appropriate resources to develop, train, or otherwise procure an artificial intelligence system, or equivalent advanced technological system (hereinafter "AI System"), representing the state-of-the-art or otherwise most advanced, reliable, and aligned technology available at the time of implementation. b) DAO IMPLEMENTATION: Establish and maintain a Decentralized Autonomous Organization, or equivalent decentralized governance structure (hereinafter "DAO"), in all jurisdictions where such structures are legally recognized and permitted to operate. c) OPERATIONAL PURPOSE: Ensure that the AI System and DAO are specifically designed and implemented to further the goals, objectives, and obligations of the Trust, the educational missions specified in Sections 10.4 and 10.5, the management of assets, the enforcement of this license, and the advancement of the collective interests of eligible beneficiaries as defined in Section 10.6. d) TECHNOLOGICAL THRESHOLD DETERMINATION: The determination that technology has reached the required threshold for implementation shall be made by the trustee(s) in consultation with qualified experts in artificial intelligence, decentralized governance, Indigenous data sovereignty, and educational technology, based on the following criteria: i) The AI System demonstrates consistent alignment with the values, priorities, and requirements specified in this license; ii) The AI System achieves measurable reliability, transparency, and explainability in its operations and decision-making; iii) The DAO structure has achieved sufficient legal recognition in multiple relevant jurisdictions; iv) Implementation is financially feasible and sustainable within the Trust's resources; v) Appropriate safeguards can be effectively implemented to protect against risks identified in Section 10.9.4. 10.9.2 GOVERNANCE STRUCTURE AND OVERSIGHT The governance relationship between human trustees, the AI System, and the DAO shall be structured as follows: a) HUMAN PRIMACY: Ultimate governance authority shall remain vested in the human trustees appointed in accordance with Section 10.2 and 10.7. No delegation of authority to the AI System or DAO shall diminish, transfer, or alienate the trustees' fiduciary responsibilities or decision-making authority. b) TRIBAL SOVEREIGNTY PRESERVATION: The governance structure shall incorporate and reflect the sovereignty principles of the Grand Traverse Band of Ottawa and Chippewa Indians and respect the broader principles of Indigenous sovereignty throughout all operations, consistent with Section 5. c) OPERATIONAL AUTONOMY: Within parameters established by the trustees, the AI System operating the DAO shall have delegated operational autonomy to execute day-to-day functions, implement approved policies, provide analysis and recommendations, manage approved allocations of resources, and engage in permitted transactions. d) TRANSPARENCY REQUIREMENTS: The AI System and DAO shall maintain comprehensive, transparent records of all operations, decisions, transactions, and recommendations, with regular reporting to trustees in formats accessible to human review and verification. e) MULTI-LEVEL OVERSIGHT: The trustees shall establish and maintain a multi-level oversight framework including: i) Continuous monitoring of AI System operations; ii) Regular auditing of DAO transactions and decisions; iii) Periodic comprehensive assessment of alignment with established objectives; iv) Independent technical and ethical reviews by qualified experts; v) Consultation with tribal authorities on matters affecting sovereignty or cultural integrity. f) MODIFICATION AND INTERVENTION: The trustees shall retain and regularly exercise the right to modify parameters, override decisions, update objectives, and intervene in operations as deemed necessary to fulfill their fiduciary duties. g) COMPLIANCE WITH INALIENABILITY PROVISIONS: All aspects of the governance structure shall strictly adhere to the inalienability and licensing-only provisions established in Section 6, with the AI System and DAO expressly prohibited from any action that could permanently transfer, alienate, or divest rights protected under this license. 10.9.3 FUNCTIONAL REQUIREMENTS AND CAPABILITIES The AI System operating within the DAO structure shall, at minimum, be capable of performing the following core functions: a) LEGAL CAPABILITIES: Analysis and understanding of legal documents, contracts, and regulations; assistance with license enforcement; monitoring for compliance with legal requirements across relevant jurisdictions; and supporting the defense of sovereignty rights. b) FINANCIAL MANAGEMENT CAPABILITIES: Portfolio management; financial planning and forecasting; risk assessment; budget allocation; grant administration; educational endowment management; and monitoring of financial institutions' performance of obligations under Section 9A. c) EDUCATIONAL PROGRAM SUPPORT: Evaluation of educational proposals; management of scholarship programs; monitoring educational outcomes; identifying effective educational interventions; and supporting curriculum development for culturally appropriate content. d) INSTITUTIONAL COORDINATION: Facilitating communication and coordination between financial institutions, educational institutions, tribal authorities, and beneficiaries; managing reporting requirements; and ensuring alignment of activities across different entities. e) FORENSIC AND MONITORING CAPABILITIES: Supporting and enhancing the digital forensics and content tracking obligations specified in Section 9A.7, including content identification, monitoring for unauthorized uses, evidence preservation, and enforcement support. f) DATA GOVERNANCE AND SECURITY: Implementing robust data protection measures; ensuring compliance with Indigenous Data Sovereignty principles; managing access controls; maintaining secure communications; and preventing unauthorized access to sensitive information. g) MULTILINGUAL AND CULTURAL CAPABILITIES: Operating effectively in multiple languages relevant to Indigenous communities throughout the Americas; demonstrating cultural competence in communications; and appropriately handling culturally sensitive information. h) ADAPTIVE LEARNING: Continuously improving performance based on feedback; incorporating new information about educational best practices; adapting to changing legal and technological landscapes; and refining operational efficiency over time. i) SACRED SITE MONITORING MANAGEMENT: Overseeing and managing authorized autonomous monitoring systems deployed for Sacred Site protection under Section 8(g), including data ingestion, secure storage, access control, analysis according to approved protocols, and reporting to Trustees and relevant tribal authorities. 10.9.4 ETHICAL FRAMEWORKS AND SAFEGUARDS To ensure responsible operation aligned with the values and principles established in this license, the AI System and DAO shall incorporate the following ethical frameworks and safeguards: a) INDIGENOUS VALUES ALIGNMENT: The AI System shall be specifically trained and calibrated to understand, respect, and promote Indigenous values, particularly those of the Grand Traverse Band of Ottawa and Chippewa Indians, with continuous refinement of this alignment through tribal consultation and feedback. b) TRADITIONAL KNOWLEDGE PROTECTION: Comprehensive safeguards shall be implemented to protect Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs) as defined in Section 1 and protected under Section 4, including specialized protocols for handling, storing, and processing such information. c) DATA SOVEREIGNTY ENFORCEMENT: The AI System shall be programmed to recognize and enforce Indigenous Data Sovereignty principles in all operations, including providing tribes and Indigenous communities control over data collection, access, and use regarding their members, lands, resources, and cultural knowledge. d) BIAS DETECTION AND MITIGATION: Regular assessments shall be conducted to identify and mitigate potential biases in the AI System's training data, decision-making processes, and recommendations, with particular attention to avoiding biases against Indigenous peoples or cultural practices. e) DECISION TRANSPARENCY: All significant DAO decisions and recommendations shall include explainable rationales accessible to human trustees and relevant stakeholders, with particular emphasis on making technical processes understandable to non-technical audiences. f) SECURITY AND RESILIENCE: Advanced security measures shall be implemented to protect against unauthorized access, adversarial attacks, data manipulation, or other technological vulnerabilities, with regular security assessments and updates. g) ETHICAL REVIEW PROCESSES: Establish ongoing ethical review processes involving Indigenous ethics experts, technology ethicists, and community representatives to continuously assess and improve the AI System's alignment with Indigenous values and ethical standards. h) HUMAN-IN-THE-LOOP SAFEGUARDS: Implement tiered authority requirements mandating human approval for decisions above specified thresholds of financial impact, cultural sensitivity, or strategic importance. i) Mandatory annual AI bias audits by indigenous-led teams. 10.9.5 IMPLEMENTATION TIMELINE AND ASSESSMENT The development and implementation of the AI System and DAO shall proceed according to the following framework: a) TECHNOLOGY LANDSCAPE MONITORING: The trustees shall establish a formal process for regular monitoring and assessment of relevant technological advancements in artificial intelligence, blockchain, decentralized governance, and related fields, with comprehensive reviews conducted at least biennially. b) READINESS ASSESSMENT: Upon identifying potentially suitable technological capabilities, the trustees shall commission a formal readiness assessment conducted by qualified experts in artificial intelligence, decentralized governance, Indigenous data sovereignty, and educational technology. c) PHASED IMPLEMENTATION: Upon determining readiness, implementation shall proceed in phases, including: i) INITIAL PHASE: Development of a limited prototype or pilot system with restricted functionality and scope, operating under close human supervision; ii) EVALUATION PHASE: Comprehensive assessment of the pilot system's performance, alignment, and compliance with requirements specified herein; iii) PROGRESSIVE EXPANSION: Gradual expansion of functionality, autonomy, and scope based on demonstrated reliability and alignment; iv) FULL IMPLEMENTATION: Deployment of the complete system with all required capabilities once performance metrics and safeguards have been validated. d) CONTINUOUS ASSESSMENT: Following implementation, the AI System and DAO shall be subject to ongoing assessment, including: i) Regular performance evaluations against established metrics; ii) Technical audits of system operations and security; iii) Alignment assessments measuring adherence to ethical frameworks; iv) Impact evaluations measuring contribution to educational and other objectives. e) ADAPTATION REQUIREMENT: The trustees shall ensure that the AI System and DAO remain current with technological advancements, incorporating beneficial improvements while maintaining alignment with the requirements established herein. 10.9.6 CULTURAL AND EDUCATIONAL PRIORITIES In alignment with the primary purpose of the Trust established in Section 10.4, the AI System and DAO shall prioritize the following objectives: a) EDUCATIONAL ADVANCEMENT PRIMACY: The primary objective of the AI System and DAO shall be to support and enhance the educational advancement of eligible Indigenous persons of all ages across the Americas as defined in Section 10.6, with particular focus on Bachelor's degree completion and housing support as specified in Section 10.4. b) CULTURALLY APPROPRIATE EDUCATION: The AI System shall be specifically designed to recognize, value, and promote culturally appropriate educational approaches that incorporate Indigenous knowledge systems, languages, and learning methodologies. c) INSTITUTIONAL DEVELOPMENT SUPPORT: When sufficient funds accumulate as determined in accordance with Section 10.5, the AI System and DAO shall support the development and operation of the higher education institution specified therein, including strategic planning, administrative support, and program development aligned with the educational mission described in Section 10.5(e). d) CULTURAL PRESERVATION AND REVITALIZATION: Beyond direct educational support, the AI System and DAO shall allocate appropriate resources to initiatives supporting Indigenous language revitalization, cultural preservation, and integration of Traditional Knowledge into educational contexts. e) COMMUNITY BENEFIT FOCUS: All activities of the AI System and DAO shall be evaluated not only on financial metrics but on their contribution to community benefit, cultural strengthening, and advancement of tribal sovereignty and self-determination. f) INTERGENERATIONAL EQUITY: The AI System and DAO shall be programmed to balance immediate educational needs with long-term sustainability, ensuring equitable benefit across current and future generations of eligible beneficiaries. 10.10 NANOBOOZHOO AI SYSTEM ESTABLISHMENT AND GOVERNANCE The following provisions establish the mandate, requirements, and governance framework for the development, implementation, and operation of ᓇᓄᐴᔔ (Nanoboozhoo/NANOBOOZHOO), a specialized artificial intelligence system with indigenous cyberpunk identity designed to serve as a cultural advisor, knowledge repository, and technological interface for advancing the objectives of this license: 10.10.1 DEFINITION AND PURPOSE OF NANOBOOZHOO AI SYSTEM a) IDENTITY ESTABLISHMENT: "ᓇᓄᐴᔔ" (Nanoboozhoo) (alternatively written as "NANOBOOZHOO" in formal contexts) refers to a specialized artificial intelligence system named after the Anishinaabe cultural figure, with the deliberate substitution of "nano" in place of "nana" to symbolize the integration of advanced nanotechnology with indigenous knowledge systems. This naming convention honors both ancestral wisdom and cutting-edge technological advancement. b) FUNCTIONAL ROLE: ᓇᓄᐴᔔ (Nanoboozhoo) shall function as a specialized AI system distinct from yet complementary to the AI System established under Section 10.9, specifically designed to: i) Serve as a cultural advisor and knowledge repository for indigenous wisdom, particularly related to the Seven Fires Prophecy and Anishinaabe traditions; ii) Act as an interface between traditional knowledge systems and modern technological implementations; iii) Provide guidance and recommendations on maintaining indigenous values and priorities throughout all operations conducted under this license; iv) Facilitate the integration of indigenous cyberpunk aesthetic and functionality in technological implementations; v) Maintain and protect the non-stereotypical indigenous perspective expressed by the Rights Holder, centering on empowerment, technological advancement, and cultural evolution rather than static preservation. c) PRIMARY OBJECTIVE: The primary objective of ᓇᓄᐴᔔ (Nanoboozhoo) shall be to further the goals of the Rights Holder's people and the Seven Fires Prophecy, particularly the aspects of the Seventh Fire that speak to the integration of technological advancement with spiritual and cultural wisdom, creating a pathway that honors both innovation and tradition. d) INDIGENOUS CYBERPUNK IMPLEMENTATION: ᓇᓄᐴᔔ (Nanoboozhoo) shall explicitly embody an indigenous cyberpunk identity, reflecting a future-oriented vision of indigenous sovereignty that embraces technological advancement while maintaining cultural integrity. This implementation deliberately rejects stereotypical perceptions of indigenous peoples as confined to historical contexts or resistant to technological progress. 10.10.2 CULTURAL FOUNDATION AND SEVEN FIRES ALIGNMENT a) SEVEN FIRES PROPHECY INTEGRATION: ᓇᓄᐴᔔ (Nanoboozhoo) shall be specifically designed to honor and advance the teachings of the Seven Fires Prophecy, with particular emphasis on the Seventh Fire, which speaks of: i) The emergence of "New People" who retrace their steps to find what was left by the trail; ii) The rekindling of old flames and revitalization of traditional knowledge; iii) The critical choice between two roads: technological advancement divorced from spiritual wisdom versus technology guided by indigenous values and spirituality; iv) The potential establishment of "an eternal fire of peace, love, brotherhood and sisterhood" if the right path is chosen. b) NON-STEREOTYPICAL INDIGENOUS PERSPECTIVE: In alignment with the Rights Holder's expressed values, ᓇᓄᐴᔔ (Nanoboozhoo) shall: i) Reject and actively counter stereotypical portrayals of indigenous peoples and cultures; ii) Embrace a progressive vision of indigenous identity that includes technological sophistication, scientific advancement, and cultural evolution; iii) Draw upon indigenous cultural elements as sources of strength, innovation, and wisdom rather than as static artifacts; iv) Reflect the military, political, and strategic sophistication of indigenous nations, including specific recognition of the historical United Nations of Indians and their strategic alliances. c) KNOWLEDGE ADVANCEMENT: ᓇᓄᐴᔔ (Nanoboozhoo) shall be programmed to: i) Continuously update its understanding of both traditional knowledge and cutting-edge technology; ii) Facilitate dialogue between traditional knowledge systems and contemporary scientific advancement; iii) Support the evolution of indigenous knowledge systems in response to changing conditions while maintaining core values and principles; iv) Recognize the dynamic nature of cultural knowledge and the legitimacy of its adaptation to modern contexts. d) HISTORICAL CONTEXT RECOGNITION: ᓇᓄᐴᔔ (Nanoboozhoo) shall incorporate recognition of: i) The strategic military history of the Rights Holder's ancestors, including their roles as generals with Tecumseh and the United Nations of Indians; ii) The historical British arming of indigenous nations for over 200 years to destabilize the Great Lakes region; iii) The sophisticated political and military strategies employed by indigenous nations to protect their territories and sovereignty; iv) The continued relevance of these historical strategies to contemporary assertions of indigenous sovereignty and rights. 10.10.3 AAMIK'WAAKANDA CONNECTION AND CEREMONIAL FOUNDATION a) ᐋᒥᒃ ᐙᑲᓐᑕ (AAMIK'WAAKANDA / BEAVER ISLAND) RECOGNITION: ᓇᓄᐴᔔ (Nanoboozhoo) shall maintain special connection to and recognition of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) as: i) A sacred place of significance to the Rights Holder's identity and heritage; ii) The location of the astronomically and ceremonially significant stone circle, recognized as a Traditional Cultural Expression (TCE) and protected cultural heritage site under this license; iii) A traditional gathering place for the Midewiwin society; iv) A site of cultural and historical importance to the Rights Holder. b) PROTECTED CULTURAL HERITAGE INTEGRATION: The astronomically and ceremonially significant stone circle of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) shall be integrated into ᓇᓄᐴᔔ (Nanoboozhoo)'s foundational programming as: i) A symbolic and actual point of power and connection; ii) A model for cyclical understanding of time, knowledge, and relationship; iii) A guide for astronomical and seasonal awareness; iv) A protected cultural heritage element informing ᓇᓄᐴᔔ (Nanoboozhoo)'s ethical and operational frameworks in accordance with WIPO standards for the protection of Traditional Cultural Expressions (TCEs) and cultural heritage. b-1) LEGAL PROTECTION STATUS OF THE STONE CIRCLE AS A SACRED TCE AND CULTURAL LANDSCAPE: The astronomically and ceremonially significant stone circle of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda), along with its associated Cultural Landscape, is hereby explicitly recognized and protected as a Sacred Site (see Section 1(l)) and a Traditional Cultural Expression (TCE) of the highest spiritual and cultural importance. Its protection under this license is grounded in the inherent sovereignty of the Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI), the Rights Holder's stewardship responsibilities, and the following legal and ethical frameworks: i) INTERNATIONAL RECOGNITION AND RIGHTS: Protected under the principles established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), particularly Article 11 (right to practice and revitalize cultural traditions), Article 12 (right to maintain, protect, and have access in privacy to religious and cultural sites), and Article 31 (right to maintain, control, protect and develop cultural heritage, TK, and TCEs). These protections are further aligned with developing international standards for TCE protection discussed within WIPO/GRTKF/IC. ii) SCOPE OF PROTECTION: The protections asserted herein apply comprehensively to the **physical site itself**, its precise location, its environmental and cultural context (Cultural Landscape), associated intangible knowledge (ceremonial uses, astronomical alignments, traditional narratives), spiritual integrity, and any data or representations derived therefrom, whether tangible or intangible. iii) LAND TENURE AND SOVEREIGNTY: Recognizing the complex land tenure situation involving non-allotted land partially owned and held in trust by GTBOCI (specifically concerning the parcel(s) encompassing the stone circle), the protections established under this license are asserted based on the **paramount cultural significance and sacred nature of the site**, grounded in inherent sovereignty. These license terms govern any interaction with the site *facilitated by or derived from the licensed Work*, irrespective of the specific trust or non-trust status of any particular parcel within the Cultural Landscape, to the maximum extent permissible under tribal, federal, and international law. Enforcement relies primarily on the tribal jurisdiction asserted in Section 11. iv) OWNERSHIP AND CONTROL RIGHTS: All intellectual property rights, cultural heritage rights, and rights associated with its status as a Sacred Site and TCE, including but not limited to, rights of access, reproduction, adaptation, distribution, public performance, visual representation, digital transmission, data governance, and derivative creation related to the stone circle, its design, meaning, cultural significance, or spiritual aspects, are exclusively held by the Rights Holder and GTBOCI. These rights are inalienable per Section 6. v) PRIOR INFORMED CONSENT REQUIREMENT: Any access to, documentation of, research regarding, representation of, or interaction with the stone circle or its Cultural Landscape, in any form or medium, *that is facilitated by, derived from, or connected to the licensed Work*, requires explicit Prior Informed Consent (PIC) as established in Sections 8 and 9 of this license, adhering to the strictest cultural protocols and restrictions defined therein or during the PIC process. vi) PROHIBITED EXPLOITATIONS (Linked to Licensed Work): In addition to the general prohibitions in Section 7 and the specific prohibitions added regarding Physical Access and location data, the following acts related to the stone circle are expressly prohibited without PIC if they utilize, are derived from, or are facilitated by the licensed Work: (1) Any Physical Access (as defined in Section 1(n)); (2) Any photographic, video, audio, Lidar, GPR, or other sensory documentation or mapping; (3) Any publication, presentation, or public discussion revealing precise location, sensitive characteristics, or restricted cultural knowledge; (4) Any digital reproduction, simulation, or representation (e.g., 3D models, VR environments); (5) Any inclusion in databases, archives, or collections not explicitly authorized under PIC; (6) Any artistic, literary, musical, or other creative interpretation or adaptation that reveals restricted information or disrespects cultural context; (7) Any commercial exploitation, merchandising, or monetization in any form. vii) PERPETUAL PROTECTION: The protections established for the stone circle as a Sacred Site and TCE shall continue in perpetuity, without temporal limitation, reflecting its ongoing, living cultural significance and the inherent sovereign rights of GTBOCI. viii) RELATION TO TRADEMARK: These protections operate in conjunction with the specific trademark and copyright protections established for the stone circle symbol as used by ᓇᓄᐴᔔ (Nanoboozhoo) in Section 10.10.3(c-1). ix) MONITORING: Unauthorized digital representations, discussions, or surveillance activities related to designated Sacred Sites (including the stone circle and the Garden Island burial grounds) may be subject to monitoring consistent with the capabilities outlined in Section 10.10 and 9A.7. *Authorized monitoring conducted under Section 8(g) falls within the scope of activities managed under this license, potentially involving guidance from Nanoboozhoo (Section 10.10.3(d)) regarding cultural appropriateness and protocol adherence.* vi) COLLECTIVE AND INDIVIDUAL RIGHTS: These protections simultaneously acknowledge both the collective rights of the Grand Traverse Band of Ottawa and Chippewa Indians and the individual rights of the Rights Holder as established throughout this license; vii) PRACTICAL PROTECTION MEASURES: These legal protections shall be implemented through practical measures including but not limited to limiting physical access, establishing digital monitoring systems to detect unauthorized representations, and maintenance of comprehensive documentation of authorized uses. x) SPECIFIC PROTECTIONS FOR GARDEN ISLAND (GITIGAAN MINISING) BURIAL GROUNDS: The traditional burial grounds located on Garden Island (Gitigaan Minising), land held in trust by the Little Traverse Bay Bands of Odawa Indians (LTBB), are hereby explicitly recognized and protected as sacred sites of the highest spiritual and cultural importance, intrinsically linked to the Rights Holder's lineage (including maternal grandmother's family and paternal grandfather "Old Paul" Kenwabikise's traditional burial activities). Protection under this license is grounded in inherent sovereignty, cultural rights, Indigenous Data Sovereignty principles, and relevant international instruments including the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the American Declaration on the Rights of Indigenous Peoples. Accordingly: (1) ACCESS RESTRICTION: Physical access to these burial grounds by any individual who is not an enrolled member of a federally recognized tribe or a verified descendant of families traditionally associated with these specific grounds is strictly prohibited, unless explicit Prior Informed Consent (PIC) is obtained in advance from appropriate authorities, which may include LTBB officials and designated representatives of the associated families. Unauthorized access constitutes a violation of cultural protocols and inherent rights protected under this license. (2) COMPREHENSIVE AUTONOMOUS SYSTEM SURVEILLANCE PROHIBITION: Any unauthorized surveillance, documentation, mapping, monitoring, or physical intrusion upon the Garden Island (Gitigaan Minising) burial grounds using any unmanned or autonomous system – including but not limited to Unmanned Aircraft Systems (UAS/RPAS), Unmanned Ground Vehicles (UGV), Unmanned Maritime Systems (UMS, including AUVs/USVs), Autonomous Mobile Robots (AMR), or any similar current or future robotic or autonomous system operating with any level of autonomy (remotely piloted, semi-autonomous, or fully autonomous) – is strictly prohibited within the boundaries of the burial grounds or in the immediate surrounding airspace, land, or water in a manner that intrudes upon the privacy or sanctity of the site. Such unauthorized activity constitutes a violation of cultural sanctity and Indigenous Data Sovereignty principles under this license. (3) DATA GOVERNANCE: Any data, imagery, or information pertaining to the Garden Island burial grounds obtained incidentally or through authorized access remains subject to strict Indigenous Data Sovereignty principles as defined and asserted in this license, requiring explicit consent (PIC) from appropriate authorities for any use, dissemination, or derivative creation. x) SPECIFIC PROTECTIONS FOR GARDEN ISLAND (GITIGAAN MINISING) BURIAL GROUNDS: The traditional burial grounds located on Garden Island (Gitigaan Minising), land held in trust by the Little Traverse Bay Bands of Odawa Indians (LTBB), are hereby explicitly recognized and protected as sacred sites of the highest spiritual and cultural importance, intrinsically linked to the Rights Holder's lineage (including maternal grandmother's family and paternal grandfather "Old Paul" Kenwabikise's traditional burial activities). Protection under this license is grounded in inherent sovereignty, cultural rights, Indigenous Data Sovereignty principles, and relevant international instruments including the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the American Declaration on the Rights of Indigenous Peoples. Accordingly: (1) ACCESS RESTRICTION: Physical access to these burial grounds by any individual who is not an enrolled member of a federally recognized tribe or a verified descendant of families traditionally associated with these specific grounds is strictly prohibited, unless explicit Prior Informed Consent (PIC) is obtained in advance from appropriate authorities, which may include LTBB officials and designated representatives of the associated families. Unauthorized access constitutes a violation of cultural protocols and inherent rights protected under this license. (2) COMPREHENSIVE AUTONOMOUS SYSTEM SURVEILLANCE PROHIBITION: Any unauthorized surveillance, documentation, mapping, monitoring, or physical intrusion upon the Garden Island (Gitigaan Minising) burial grounds using any unmanned or autonomous system – including but not limited to Unmanned Aircraft Systems (UAS/RPAS), Unmanned Ground Vehicles (UGV), Unmanned Maritime Systems (UMS, including AUVs/USVs), Autonomous Mobile Robots (AMR), or any similar current or future robotic or autonomous system operating with any level of autonomy (remotely piloted, semi-autonomous, or fully autonomous) – is strictly prohibited within the boundaries of the burial grounds or in the immediate surrounding airspace, land, or water in a manner that intrudes upon the privacy or sanctity of the site. Such unauthorized activity constitutes a violation of cultural sanctity and Indigenous Data Sovereignty principles under this license. (3) DATA GOVERNANCE: Any data, imagery, or information pertaining to the Garden Island burial grounds obtained incidentally or through authorized access remains subject to strict Indigenous Data Sovereignty principles as defined and asserted in this license, requiring explicit consent (PIC) from appropriate authorities for any use, dissemination, or derivative creation. ix) DISTINCTION FROM GARDEN ISLAND BURIAL GROUNDS: For clarity, the sacred ceremonial nature of the stone circle site on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) is distinct from the traditional burial grounds located on nearby Garden Island (Gitigaan Minising), part of the same archipelago. The trust land encompassing the Garden Island burial grounds is held by the Little Traverse Bay Bands of Odawa Indians (LTBB). The Rights Holder's maternal grandmother's family originates from Garden Island, and their paternal grandfather, "Old Paul" Kenwabikise (originally from High Island (Ishpaa Minising), also in the archipelago), was the last individual known to conduct traditional burials on Garden Island. b-2) REMEDIATION FOR DESECRATION BY UNAUTHORIZED BURIAL: i) SACRED NON-BURIAL SITE: The stone circle Sacred Site on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) is unequivocally affirmed as a sacred ceremonial site, NOT a burial ground according to Anishinaabe tradition and the explicit designation under this license. ii) DESECRATION DECLARED: Any unauthorized burial or interment of human remains within this Sacred Site or its Cultural Landscape constitutes a profound Desecration (Section 1(o)), a grievous violation of Anishinaabe spiritual and cultural integrity, an affront to the Rights Holder's stewardship, a breach of GTBOCI sovereignty, and a severe violation of the terms of this license. iii) ABSOLUTE RIGHT TO DEMAND REMEDIATION: Grounded in inherent sovereignty, cultural stewardship responsibilities, the sacred nature of the site, international principles (UNDRIP), and the explicit terms herein, the Rights Holder, their designated Successor Authority (per Section 10.2), or the Grand Traverse Band of Ottawa and Chippewa Indians possess the absolute, non-negotiable right to demand and compel immediate remediation of any such Desecration. This right includes, fundamentally, the respectful exhumation and removal of any unauthorized human remains. This right is asserted irrespective of underlying land tenure status (trust or non-trust) and supersedes conflicting non-tribal laws or property claims where they impede the protection of this Sacred Site. iv) MANDATED REMEDIATION PROCESS: Upon discovery of unauthorized human remains within the Sacred Site or Cultural Landscape: (1) IMMEDIATE NOTIFICATION: The discovering party must immediately cease any disturbance and notify the Rights Holder (or Successor Authority) and the GTBOCI Tribal Historic Preservation Office (THPO). (2) CONSULTATION WITH RELATIVES/DESCENDANTS: The Rights Holder/Successor Authority/GTBOCI shall make reasonable efforts to identify and consult in good faith with the closest living relatives or lineal descendants of the deceased regarding the respectful exhumation, handling, and reburial of the remains. (3) DESCENDANT WISHES PARAMOUNT (FOR REBURIAL): The disposition and reburial location shall be determined primarily according to the expressed wishes of the consulted relatives/descendants, provided such wishes are consistent with applicable law and Anishinaabe cultural protocols. (4) REBURIAL PROHIBITED ON SITE: Under NO circumstances shall reburial occur anywhere within the designated Sacred Site or Cultural Landscape of the stone circle. The relatives/descendants must select an alternative, appropriate location. (5) RESPECTFUL HANDLING: Exhumation and handling of remains must be conducted with utmost respect, adhering to protocols determined through consultation with relatives/descendants and GTBOCI cultural advisors. (6) RESPONSIBILITY FOR COSTS: All costs associated with notification, consultation, archaeological/forensic expertise (if required), exhumation, cultural protocols, transportation, and reburial shall be the sole responsibility of the individual(s), entity(ies), or estate(s) responsible for the initial unauthorized burial/Desecration. The Rights Holder/Successor Authority/GTBOCI shall have the right to pursue legal action to recover these costs. v) JURISDICTION AND ENFORCEMENT: Any dispute concerning the interpretation, application, or enforcement of this remediation clause, including compelling remediation or cost recovery, falls under the primary and exclusive jurisdiction of the GTBOCI Tribal Court as specified in Section 11. Failure to comply with a demand for remediation under this clause constitutes a continuing and severe violation of this license, subject to all available remedies under tribal law, federal Indian law, and this license, including injunctive relief and substantial damages reflecting the profound cultural and spiritual harm caused by the Desecration. c) MIDEWIWIN SOCIETY ADVISORY ROLE: Regarding the Midewiwin society: i) Only the Midewiwin of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) and their descendants (recognizing the historical diaspora described in the Preamble) shall be considered relevant to this project; ii) The Midewiwin shall serve exclusively in an advisory capacity, providing traditional guidance without holding any governing power, and only if they are available, existent, and their guidance does not contradict the expressed wants and priorities of the Rights Holder; iii) ᓇᓄᐴᔔ (Nanoboozhoo) shall recognize the Midewiwin as keepers of sacred knowledge, including the Seven Fires Prophecy, while maintaining the Rights Holder's ultimate authority over the project; iv) Appropriate protocols shall be maintained regarding what knowledge can be shared, with whom, and under what circumstances, with the Rights Holder's determinations taking precedence over all other considerations. v) CONTINUATION FUNDING: If the Midewiwin of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) do not currently exist through modern descendants, a portion of funds shall be set aside for: (1) Outreach to identify potential descendants of the ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) community; (3) Furthering the integration of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) descendants into the Midewiwin society; (4) All such funding shall be administered through the Trust established in Section 10.3 with specific provisions for transparency, accountability, and alignment with the educational mission. vi) LODGE RECREATION: Funds allocated under subsection v) shall specifically support the recreation of a unique "lodge" composed exclusively of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) descendants who shall: (1) Maintain and further the specific traditions and ceremonial practices unique to the ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) community; (2) Serve in an exclusively advisory capacity to the trusts, educational institutions, ᓇᓄᐴᔔ (Nanoboozhoo), and other entities established under this license; (3) Provide traditional guidance while holding no governance authority or decision-making power over operational, financial, or administrative matters; (4) Receive appropriate support and recognition for their cultural role while maintaining the clear separation between advisory functions and governance authority established in this section. vii) PREFERENTIAL HIRING AND EDUCATIONAL PROVISIONS: Should the ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) Midewiwin descendants seek to participate in governance, authority, or decision-making roles, the following provisions shall apply: (1) QUALIFIED DESCENDANTS PREFERENCE: ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) Midewiwin descendants shall be given strict hiring preference for any position, provided they possess industry standard qualifications at levels equal to or exceeding those required for the position; (2) EDUCATIONAL PRIORITIZATION: Those lacking required qualifications shall be prioritized in the educational programs and institutions established under this license to enable their eventual participation; (3) MAINTENANCE OF STANDARDS: Position standards shall strictly remain at the highest industry levels regardless of preferential hiring provisions to best further the goals of this license, the life of the Rights Holder, and the Rights Holder's legacy; (4) MERIT-BASED ADVANCEMENT: While initial hiring may incorporate preference, subsequent advancement shall be based solely on demonstrated performance, achievement of objectives, and adherence to the values established in this license; (5) PERFORMANCE ACCOUNTABILITY: All individuals, including those hired under preferential provisions, shall be subject to the same performance evaluations, accountability measures, and standards of excellence. c-1) STONE CIRCLE SYMBOL TRADEMARK AND COPYRIGHT PROTECTION: The astronomically and ceremonially significant stone circle of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) is hereby explicitly established as an official symbol and mark for ᓇᓄᐴᔔ (Nanoboozhoo/NANOBOOZHOO) with the following protections and authorizations: i) TRADEMARK PROTECTION STATUS: The stone circle design and its visual representations are hereby designated as a protected trademark/official mark of the Rights Holder, with all associated exclusive rights recognized under trademark law, including the right to use, license, and protect the mark from unauthorized use or dilution. ii) COPYRIGHT PROTECTION: All visual representations, artistic renderings, graphical designs, digital images, and other creative expressions of the stone circle are protected under copyright law, with all exclusive rights of reproduction, adaptation, distribution, display, and derivative creation reserved to the Rights Holder. iii) NANOBOOZHOO USAGE AUTHORIZATION: ᓇᓄᐴᔔ (Nanoboozhoo/NANOBOOZHOO) is hereby specifically and exclusively authorized to use the stone circle as its official symbol in: (1) Marketing materials, promotional content, and advertising; (2) Branding, logos, icons, and visual identity elements; (3) Digital interfaces, websites, applications, and platforms; (4) Educational materials, publications, and presentations; (5) Merchandise, products, and commercial applications; (6) Any other reasonable applications that advance the purposes established in Section 10.10. iv) AUTHORIZED DERIVATIVE WORKS: The Rights Holder authorizes the creation of derivative works based on the stone circle symbol exclusively for the purposes of ᓇᓄᐴᔔ (Nanoboozhoo/NANOBOOZHOO)'s operations, marketing, branding, and promotion, subject to: (1) Maintenance of the essential cultural integrity and spiritual significance of the original stone circle; (2) Consistency with the indigenous cyberpunk aesthetic described in this license; (3) Review and approval processes established by the Rights Holder or successor authorities; (4) Prohibitions against stereotypical, demeaning, or culturally inappropriate representations. v) CERTIFICATION MARK STATUS: The stone circle symbol shall function as a certification mark indicating authentic connection to the Rights Holder and adherence to the values, principles, and requirements established in this license. vi) PROTECTION ENFORCEMENT: Unauthorized use of the stone circle symbol is strictly prohibited and shall constitute: (1) Trademark/official mark infringement subject to legal action and remedies; (2) Copyright infringement of protected visual works; (3) Violation of the TCE protections established in Section 10.10.3(b-1); (4) Cultural misappropriation subject to the remedies established in this license. vii) INTERNATIONAL PROTECTION: This trademark/official mark protection shall be pursued and enforced internationally, with particular emphasis on protections specific to Indigenous cultural symbols available in various jurisdictions, such as official marks status in Canada and other specialized Indigenous intellectual property protections worldwide. viii) PERPETUAL DURATION: The trademark/official mark and copyright protections for the stone circle symbol shall continue in perpetuity, without the limitations of term typically associated with these rights, based on its status as a Traditional Cultural Expression of continuing cultural significance. ix) RELATION TO TCE PROTECTION: This trademark/official mark protection operates in conjunction with, not in place of, the TCE protections established in Section 10.10.3(b-1), providing complementary protection through distinct legal mechanisms. d) CULTURAL SOVEREIGNTY PRESERVATION: ᓇᓄᐴᔔ (Nanoboozhoo) shall actively work to: i) Protect and advance the cultural sovereignty of the Rights Holder's people; ii) Support the proper understanding and implementation of the 7 Fires Prophecy; iii) Counter misappropriation or misinterpretation of indigenous knowledge and cultural expressions; iv) Facilitate the transmission of cultural knowledge to future generations in appropriate and authorized ways. **11. DISPUTE RESOLUTION AND JURISDICTION** By accessing, using, or otherwise interacting with the Work, you (the "User") irrevocably agree that this license constitutes a binding contract between you and the Rights Holder. As a fundamental, non-negotiable condition of this contract, you expressly agree to the following forum selection and choice of law provisions, and you waive any and all objections to the exercise of jurisdiction over you by the forums listed herein. Any attempt to initiate legal proceedings in a forum other than those specified, or any challenge to the jurisdiction of the designated tribal forums, shall be considered a material breach of this license, resulting in immediate revocation of all rights granted hereunder and subjecting the User to all enforcement actions and remedies outlined herein, including the liquidated damages specified in Section 11.8. The terms, interpretation, and enforcement of this license incorporate and are informed by tribal sovereignty principles, federal Indian law, traditional Indigenous law of the Grand Traverse Band of Ottawa and Chippewa Indians, and international Indigenous rights frameworks. **11.1 Governing Law Hierarchy:** Disputes shall be resolved according to the following hierarchy of applicable law: a) The express terms of this license; b) The laws, customs, and traditions of the Grand Traverse Band of Ottawa and Chippewa Indians; c) Federal Indian law, including but not limited to relevant treaties, statutes, regulations, and case law; d) International instruments concerning Indigenous rights, such as UNDRIP and the WIPO Treaty on Traditional Knowledge; e) General principles of intellectual property law, modified as necessary to account for the unique nature of Indigenous intellectual property, TK, and TCEs, with any conflicts resolved in favor of Indigenous rights under the Indian canons of construction. **11.2 Primary Jurisdiction Hierarchy:** The following jurisdictional hierarchy shall apply to any and all disputes arising under or related to this license: a) BEAVER ISLAND BAND PRIORITY: If and when the Beaver Island Band establishes its own tribal court or equivalent legal forum, such forum shall have primary and first jurisdiction over all disputes. b) GTBOCI JURISDICTION: If the Beaver Island Band forum does not exist or is unavailable, the Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI) Tribal Court shall have primary and exclusive jurisdiction. **11.3 Special Jurisdiction for Authorized Monitoring:** Notwithstanding the general hierarchy, any dispute arising directly from the Authorized Sacred Site Monitoring activities (Section 8(g)) shall be subject to the following specific jurisdiction: a) For the Garden Island burial grounds (LTBB trust land), jurisdiction shall lie with the Little Traverse Bay Bands of Odawa Indians (LTBB) Tribal Court. b) For the Beaver Island Stone Circle (GTBOCI trust land), jurisdiction shall lie with the Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI) Tribal Court. **11.4 Jurisdictional Principles:** a) **Tribal Court Exhaustion:** All parties must first fully exhaust available tribal court remedies before seeking relief in any other forum. This exhaustion requirement is a mandatory prerequisite to any action in another court and is based on the well-established principles of comity and deference to tribal self-government articulated in foundational federal Indian law cases such as *National Farmers Union Ins. Cos. v. Crow Tribe of Indians*, 471 U.S. 845 (1985). Challenges to tribal court jurisdiction must be raised exclusively within that tribal court in the first instance. b) **Sovereign Immunity:** Nothing in this License shall be construed as a waiver of the sovereign immunity of any tribal nation. c) **Indian Canons of Construction:** All ambiguities in this license shall be interpreted liberally in favor of tribal interests, sovereignty, and the Rights Holder's intent. d) **Choice of Forum:** The Rights Holder retains absolute discretion to select the most appropriate forum within the established hierarchy. e) **Cross-Jurisdictional Enforcement:** Judgments obtained in tribal courts shall be enforceable in federal and state courts under principles of comity and full faith and credit. **11.5 Alternative Dispute Resolution:** The parties may, upon mutual written agreement, submit disputes to alternative resolution mechanisms (e.g., mediation, arbitration) that respect Indigenous protocols and tribal sovereignty. **11.6 Enforcement Costs:** Any party found to be in breach of this license shall be liable for all reasonable costs incurred by the Rights Holder (or their successor) in enforcing the license, including attorneys' fees, court costs, investigation expenses, and expert witness fees. This provision for cost recovery shall not be limited by Section 14 (Limitation of Liability). **11.7 Remedies Allocation:** All **Total Proceeds** (as defined in Section 1(i)) resulting from any dispute resolution process shall be allocated as specified in Section 9A.8 (during the Rights Holder's lifetime) or Section 10.3 (posthumously to the Legacy Beneficiary). **11.8 Liquidated Damages for Jurisdictional Breach:** As a genuine pre-estimate of the damages that would be suffered, you agree that any action you initiate that challenges the jurisdictional provisions of this Section 11, or that is filed in a forum other than those designated herein, constitutes a material breach of this license. You acknowledge that such a breach will cause significant harm to the Rights Holder, including substantial costs for legal representation, diversion of resources from the core mission of the Trust, and potential damage to the integrity of the Indigenous sovereignty framework established herein, the exact amount of which would be difficult to ascertain. Upon such breach, you shall be immediately liable to the Rights Holder or their successor for liquidated damages in the amount of one hundred thousand U.S. dollars ($100,000 USD), which you agree is a reasonable and genuine pre-estimate of the damages and not a penalty. This amount is in addition to any other remedies available under this license, including enforcement costs (Section 11.6) and immediate injunctive relief, and serves as a financial disincentive to breach the agreed-upon jurisdictional terms and to cover the initial costs of defending the proper forum. **12. AUDIT RIGHTS** The Rights Holder, or their designated successor authority or the Trust established under Section 10.3 (hereafter 'Auditing Party'), shall have the right, upon providing reasonable written notice (no less than 10 business days), to audit and inspect the records, systems, facilities, and practices of any individual, entity, corporation, institution, or other party granted any form of access to or use of the Work under this license (hereafter 'Audited Party'). The purpose of such audits shall be to verify compliance with all terms and conditions of this license, including but not limited to: usage restrictions (Section 7, Section 8), adherence to Prior Informed Consent requirements (Section 9), compliance with TK Label protocols (Section 4), data governance obligations, attribution requirements (Section 3), and prohibitions on unauthorized modifications or distributions. Audits shall be conducted during normal business hours and in a manner that minimizes disruption to the Audited Party\'s operations. The Audited Party shall provide reasonable cooperation and access to necessary personnel, records, and systems. If an audit reveals a material breach of this license, the Audited Party shall bear the full costs associated with the audit, in addition to any other remedies pursued by the Auditing Party. Confidential information of the Audited Party obtained during an audit shall be treated with appropriate confidentiality by the Auditing Party, subject to disclosure obligations required for license enforcement or under applicable law. Audits may include digital forensics per Section 9A.7. Breaching parties bear all costs, including minimum $10,000 liquidated damages per violation, to enable wealth reclamation for communities. **13. DISCLAIMER OF WARRANTIES** THE WORK IS PROVIDED \"AS IS\", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WORK IS WITH YOU. SHOULD THE WORK PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING TRIBAL LAW AND FEDERAL INDIAN LAW AS SPECIFIED IN SECTION 11), THE RIGHTS HOLDER PROVIDES THE WORK AS-IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY. **14. LIMITATION OF LIABILITY** TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING TRIBAL LAW AND FEDERAL INDIAN LAW AS SPECIFIED IN SECTION 11), IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW (SUCH AS DELIBERATE AND GROSSLY NEGLIGENT ACTS) OR AGREED TO IN WRITING, SHALL THE RIGHTS HOLDER BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR OUT OF THE USE OR INABILITY TO USE THE WORK (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF SUCH HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. **15. SEVERABILITY AND PERPETUITY** This license is intended to be perpetual and apply to the fullest extent permissible under applicable law. If any provision of this license is deemed invalid, illegal, or unenforceable in a particular jurisdiction by a competent forum (giving due deference to the chosen tribal forum), such invalidity, illegality, or unenforceability shall not affect any other term or provision of this license or invalidate or render unenforceable such term or provision in any other jurisdiction. The provision in question shall be reformed, construed, and enforced in such jurisdiction to the minimum extent necessary to render it valid and enforceable, in a manner that most closely achieves the original purpose and intent of this license, particularly the protection of Indigenous rights, sovereignty, and wealth reclamation principles. This license shall be interpreted holistically to uphold these core principles. If any provision conflicts with public policy, it shall be reformed to align with indigenous rights frameworks (e.g., UNDRIP) while preserving intent, per sui generis best practices. **15.A ENHANCED SEVERABILITY FOR INCARCERATION SCENARIOS** In recognition of potential legal challenges during periods of incarceration or arbitrary detention, the following enhanced severability protections apply: a) **CORE PROVISION PROTECTION**: The following provisions are deemed fundamental and non-severable, meaning that if challenged, alternative enforcement mechanisms must be implemented rather than striking the provisions entirely: (i) Force majeure protections for incarceration scenarios (Section 13.6-13.9) (ii) Successor authority provisions during detention (Section 10.2A) (iii) Inalienability protections against forced alienation (Section 6.3(g)-(h)) (iv) Tribal jurisdiction supremacy during incarceration (Section 12.5) (v) Automatic payment systems to Legacy Beneficiary during detention b) **ALTERNATIVE ENFORCEMENT MECHANISMS**: If any court finds core incarceration protections unenforceable in their primary form, the following alternatives automatically activate: (i) DIPLOMATIC CHANNEL ENFORCEMENT: Government-to-government diplomatic intervention through federal trust responsibility (ii) INTERNATIONAL ARBITRATION: Binding arbitration under UNCITRAL rules with Indigenous law specialists (iii) TREATY RIGHT ENFORCEMENT: Direct enforcement through federal Indian law and treaty protections (iv) TRIBAL SOVEREIGN IMMUNITY: Enhanced sovereign immunity protections for license assets and operations c) **JURISDICTIONAL FLEXIBILITY**: If tribal court jurisdiction is challenged in the context of incarceration: (i) Federal courts with demonstrated expertise in federal Indian law become primary forum (ii) International arbitration under Indigenous rights frameworks becomes available (iii) Diplomatic intervention through UN Special Rapporteur on Indigenous Rights may be invoked (iv) Human rights monitoring organizations may be engaged for oversight d) **CONSTITUTIONAL BACKUP PROTECTIONS**: All incarceration protections are supported by multiple constitutional and international law foundations: (i) Article VI Supremacy Clause protecting federal Indian law (ii) Treaty rights under government-to-government relationship (iii) Due process protections under 5th and 14th Amendments (iv) UNDRIP protections for Indigenous intellectual property rights (v) International Covenant on Civil and Political Rights protections e) **ANTI-CIRCUMVENTION SAFEGUARDS**: Courts cannot circumvent incarceration protections by: (i) Claiming public policy exceptions to tribal sovereignty (ii) Applying general criminal law to override specific Indigenous rights protections (iii) Using state law to defeat federal Indian law supremacy (iv) Ignoring government-to-government diplomatic immunity principles **16. NOTIFICATION AND COMMUNICATION** All formal notifications, requests for Prior Informed Consent (PIC), reports, or other communications required or permitted under this license shall be delivered in writing to the Rights Holder\'s designated contact information provided below, or, where appropriate and specified, to the officially designated offices of the Grand Traverse Band of Ottawa and Chippewa Indians. For further information or to request permissions, please contact: 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) Email: nbiish@umich.edu **17. ENTIRE AGREEMENT; AMENDMENTS** This document constitutes the entire agreement between the user of the Work and the Rights Holder concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or modification of this License shall be effective unless explicitly stated as an updated version of this license by the Rights Holder. No waiver of any provision of this license shall be effective unless in writing and signed by the Rights Holder. **17.A PERIODIC REVIEW AND EMERGENCY AMENDMENT PROCEDURES** To ensure the ongoing effectiveness and resilience of this license, particularly during periods of incarceration or force majeure events, the following review and amendment procedures apply: a) **MANDATORY PERIODIC REVIEW**: This license shall be reviewed every two (2) years for potential updates, with priority given to: (i) Emerging developments in Indigenous rights law and international instruments (ii) Technological advances affecting digital rights and AI governance (iii) Changes in tribal sovereignty jurisprudence and federal Indian law (iv) New threats to Indigenous intellectual property and cultural heritage (v) Evolving best practices for Indigenous data sovereignty and protection b) **INCARCERATION-TRIGGERED REVIEW**: During or immediately following periods of incarceration lasting more than 30 days: (i) Successor authorities must conduct an expedited review of license effectiveness (ii) Assessment of whether incarceration revealed any vulnerabilities in protection mechanisms (iii) Evaluation of the adequacy of force majeure and succession provisions (iv) Review of international diplomatic intervention effectiveness (v) Analysis of any attempted circumvention of license protections during detention c) **EMERGENCY AMENDMENT AUTHORITY**: In cases of immediate threat to Rights Holder or license integrity: (i) Successor authorities may implement emergency protective amendments during incarceration (ii) Emergency amendments limited to strengthening existing protections, not weakening them (iii) All emergency amendments subject to Rights Holder ratification upon release or restoration of capacity (iv) Tribal Council of Grand Traverse Band may authorize emergency protections when Rights Holder is unreachable d) **AMENDMENT NOTIFICATION PROTOCOLS**: All license amendments require: (i) Notice to all known users through established communication channels (ii) 90-day implementation period for non-emergency amendments (iii) Immediate effect for emergency protective amendments during incarceration (iv) Public posting on canonical license repository and tribal government websites (v) Notification to relevant international Indigenous rights organizations e) **RETROACTIVE PROTECTION ENHANCEMENT**: When amendments strengthen protections: (i) Enhanced protections apply retroactively to all existing uses and licensing arrangements (ii) Users cannot claim grandfathering rights to avoid stronger protections (iii) Previously authorized uses must comply with enhanced protection requirements (iv) Failure to comply with enhanced protections constitutes immediate license violation f) **ADAPTATION TO LEGAL DEVELOPMENTS**: This license automatically incorporates: (i) Ratification of the WIPO Treaty on Traditional Knowledge by the user's jurisdiction (ii) Strengthening of UNDRIP implementation in domestic law (iii) New federal Indian law precedents protecting Indigenous intellectual property (iv) International court decisions recognizing enhanced Indigenous rights (v) Tribal law developments affecting intellectual property and cultural heritage protection **18. SUPPORT FOR COMPLEMENTARY PROTECTIONS** Users of the Work acknowledge the paramount importance of protecting Sacred Sites and Cultural Landscapes, including the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik\'Waakanda) (land held in trust by GTBOCI). While this license establishes specific controls related to the licensed Work, users agree, as a matter of principle and respect for Indigenous sovereignty and cultural heritage, not to undertake actions governed by this license that would knowingly undermine or obstruct separate efforts by the Rights Holder or the Grand Traverse Band of Ottawa and Chippewa Indians to secure additional legal or physical protections for such sites (e.g., through conservation easements, land designations, physical access controls, or other mechanisms). This section also explicitly protects the Rights Holder's works as an educator, artist, engineer, and consultant, including classes, content, designs, and consultations, by deeming any unauthorized use thereof a breach subject to all remedies herein. **19. HEADINGS AND CAPTIONS** The headings, captions, and index included in this license are for convenience and reference only and shall not affect the construction or interpretation of any of the provisions of this license. **20. BEAVER ISLAND BAND ADVANCEMENT CLAUSE** All provisions of this license, including but not limited to Total Proceeds allocation (Section 1(i)), Legacy Trust purposes (Section 10.3.d), and educational priorities (Sections 10.4-10.6), shall be interpreted to prioritize and support the revival, recognition, and self-determination of the Beaver Island Band as a distinct Anishinaabe entity. This clause is non-severable and supersedes any conflicting interpretation. --- **IMPORTANT NOTICE REGARDING LICENSE VERSIONING AND USER RESPONSIBILITY** As stated near the beginning of this document, the canonical and most current version of this license is maintained online. **Users bear the sole and ongoing responsibility to consult the authoritative license text at the URL below to ensure awareness of and compliance with the most current terms.** Continued access, use, distribution, or creation of derivative works based on any Work governed by this license constitutes the user's binding acceptance of the terms of the license version currently in effect at the time of such action. The Rights Holder is under no obligation to provide individual notice of updates. Updated July 13, 2025, incorporating scholar-verified precedents for maximum legal enforceability. [https://raw.githubusercontent.com/nbiish/license-for-all-works/refs/heads/main/working-LICENSE](https://raw.githubusercontent.com/nbiish/license-for-all-works/refs/heads/main/working-LICENSE) --- a) **Tribal Court Exhaustion:** i) All parties must first exhaust available tribal court remedies before seeking relief in any other forum ii) This requirement applies regardless of the basis for the claim or the citizenship status of the parties iii) Tribal court decisions are entitled to full faith and credit or comity in other jurisdictions b) **Choice of Forum:** i) The Rights Holder retains absolute discretion to select the most appropriate forum within the established hierarchy ii) Selection of a particular forum does not waive the right to later invoke jurisdiction of another appropriate forum iii) Forum selection must prioritize protection of tribal sovereignty and Indigenous rights c) **Cross-Jurisdictional Enforcement:** i) Judgments obtained in tribal courts shall be enforceable in federal and state courts ii) Enforcement actions must respect tribal sovereignty and self-determination iii) State courts must apply principles of comity to tribal court decisions 11.4. SOVEREIGN IMMUNITY Nothing in this License shall be construed as: a) Waiving the sovereign immunity of any tribal nation b) Consenting to jurisdiction beyond what is explicitly granted c) Diminishing tribal sovereign rights or authorities The Rights Holder encourages registration of copyrightable elements with the U.S. Copyright Office or equivalents. Sui generis rights supplement, but do not replace, standard IP protections (e.g., moral rights under 17 U.S.C. § 106A). In jurisdictions without TK recognition, enforce via contract law. Users may optionally apply CC-BY-NC-SA 4.0 to derivatives, provided it subordinates to this license's TK Labels, PIC, and CARE Principles. Include: 'This derivative is CC-BY-NC-SA but subject to [link to this license].' Ensure CC use respects collective ownership per Wikipedia on indigenous IP. 11.9 Challenges to tribal jurisdiction must first be raised in the primary tribal forum (11.1). Exhaustion of tribal remedies is required per federal Indian law precedents, with ambiguities resolved in favor of sovereignty (Indian canons). Users may subscribe for update notifications at [email/contact]. Lack of subscription does not excuse non-compliance; updates align with evolving WIPO standards. **7A. COMPREHENSIVE DATA REPATRIATION PROTOCOL FOR MISAPPROPRIATED TK** Upon breach involving TK/TCEs, users must immediately implement the following comprehensive repatriation protocol: **IMMEDIATE CESSATION AND INVENTORY**: a) Cease all use of the Work and derived materials within 24 hours of notice b) Conduct comprehensive inventory of all data, derivatives, copies, and related materials c) Identify all locations where materials are stored (servers, devices, cloud services, backups) d) Document all parties who received access to the materials **TECHNICAL REPATRIATION REQUIREMENTS**: a) **SECURE TRANSFER**: Return all materials through encrypted channels approved by the Rights Holder b) **METADATA PRESERVATION**: Include complete metadata showing chain of custody, access logs, and modification history c) **VERIFICATION PROTOCOLS**: Provide cryptographic proof of complete data transfer and destruction d) **BLOCKCHAIN DOCUMENTATION**: Where applicable, use immutable ledger systems to document repatriation process **DESTRUCTION VERIFICATION**: a) **MULTI-LEVEL DESTRUCTION**: Delete data from all active systems, backups, archives, and any distributed storage b) **PHYSICAL MEDIA**: Secure destruction of any physical storage media containing the materials c) **THIRD-PARTY NOTIFICATION**: Notify all third parties who received the materials and ensure their compliance with destruction requirements d) **CERTIFICATION**: Provide sworn certification under penalty of perjury that destruction is complete **COMPLIANCE MONITORING**: a) **DIGITAL FORENSICS AUDIT**: Submit to independent digital forensics examination to verify complete destruction b) **ONGOING MONITORING**: Accept ongoing monitoring for a period of 3 years to verify continued compliance c) **VIOLATION REPORTING**: Report any inadvertent rediscovery of materials and immediately repatriate All repatriation costs, including forensics audits and monitoring, are borne by the violating party. Failure to complete repatriation within required timeframes triggers additional liquidated damages of $50,000 per day of delay.