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.

**TREATY RIGHTS FOUNDATION**

The protections established in this license are grounded in and exercise the inherent sovereignty and treaty-reserved rights of the Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI) under:

a) **Treaty of Washington (March 28, 1836)** - 7 Stat. 491, between the United States and the Ottawa and Chippewa Nations, which reserved to the signatory tribes all rights not explicitly ceded, including cultural, intellectual, and spiritual rights over traditional territories and resources;

b) **Treaty of Detroit (July 31, 1855)** - 11 Stat. 621, affirming the continuing government-to-government relationship and reserved rights of the Ottawa and Chippewa peoples;

c) **Reserved Rights Doctrine** - Under *Winters v. United States*, 207 U.S. 564 (1908), and *Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n*, 443 U.S. 658 (1979), the Ottawa and Chippewa Nations reserved all rights not explicitly ceded in their treaties with the United States, including the inherent right to protect, control, and govern intellectual property, Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs), cultural resources, and associated data created by their citizens and arising from their territories and cultural heritage.

These treaty rights are:
- **Constitutionally protected** under Article VI, Clause 2 (Supremacy Clause)
- **Not subject to state interference** under *Worcester v. Georgia*, 31 U.S. 515 (1832)
- **Construed liberally in favor of the tribe** under the Indian canons of construction
- **Capable of evolution and adaptation** to modern circumstances including digital intellectual property (*Menominee Tribe v. United States*, 391 U.S. 404 (1968))

This license constitutes an exercise of these treaty-protected rights and federal trust relationship, placing it beyond the reach of state law and requiring interpretation consistent with federal Indian law's special protections for tribal sovereignty and self-determination.

**CIVIL JURISDICTION PRESERVATION DESPITE CASTRO-HUERTA**

The Supreme Court's decision in *Oklahoma v. Castro-Huerta*, 597 U.S. ___ (2022), recognized concurrent state criminal jurisdiction over non-Indians committing crimes against Indians in Indian Country. However, *Castro-Huerta* does **NOT** affect the exclusive federal and tribal civil jurisdiction applicable to this license for the following reasons:

a) **CRIMINAL VS. CIVIL DISTINCTION:**
   *Castro-Huerta* addressed only **criminal jurisdiction** under the Major Crimes Act and General Crimes Act. The Court explicitly limited its holding to criminal prosecutions and did not address civil jurisdiction, which remains governed by *Montana v. United States*, *Williams v. Lee*, and related civil jurisdiction precedents.

b) **CIVIL REGULATORY JURISDICTION RETAINED:**
   Tribal and federal authority over civil matters involving intellectual property, contract disputes, and commercial relationships remains undisturbed by *Castro-Huerta*. Civil adjudicatory jurisdiction follows different constitutional and statutory frameworks than criminal jurisdiction.

c) **DISTINGUISHING FEATURES:**
   i) **Subject Matter**: This license governs civil intellectual property rights, not criminal conduct;
   ii) **Federal Scheme**: Comprehensive federal regulation of Indian arts, crafts, and cultural resources creates exclusive federal/tribal jurisdiction under *Bracker* preemption;
   iii) **Consensual Jurisdiction**: Users consensually submit to tribal jurisdiction by accessing the Work, distinguishing from criminal jurisdiction over non-consensual conduct;
   iv) **Internal Tribal Affairs**: IP created by tribal members is internal tribal governance (*Worcester*), not subject to state interference;

d) **CONGRESSIONAL RESPONSE:**
   Congress has the authority to clarify exclusive federal/tribal jurisdiction over civil matters through legislation, and has done so through comprehensive Indian affairs statutes creating pervasive federal regulatory schemes that preclude state involvement.

e) **TRIBAL SOVEREIGNTY PRESERVATION:**
   The federal policy promoting tribal sovereignty, self-determination, and economic development (reaffirmed in *Michigan v. Bay Mills*, 572 U.S. 782 (2014)) requires exclusive tribal governance over intellectual property and cultural resources free from state interference, regardless of *Castro-Huerta*'s criminal jurisdiction holding.

f) **ONGOING LITIGATION:**
   As of July 2025, the U.S. Department of Justice has filed multiple suits against Oklahoma district attorneys for sovereignty violations post-*Castro-Huerta* (referenced in license at Line 7), demonstrating continuing federal protection of exclusive federal/tribal jurisdiction in appropriate circumstances. This license aligns with federal policy opposing state encroachment on tribal authority.

**PRACTICAL EFFECT:** State courts have no jurisdiction over disputes arising from this license. Any state court proceedings would violate federal law and tribal sovereignty, subjecting the filing party to immediate jurisdictional challenges, removal to federal court under 28 U.S.C. § 1441, and liquidated damages under Section 11.8 for improper forum selection.

**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.

**GRADUATED LIQUIDATED DAMAGES FOR AI TRAINING VIOLATIONS:**

AI training violations trigger graduated liquidated damages designed to reflect the severity, scale, and commercial impact of unauthorized use, with amounts representing genuine pre-estimates of harm (not penalties). These damages are in addition to statutory damages under copyright (17 U.S.C. § 504), CFAA (18 U.S.C. § 1030), and DTSA (18 U.S.C. § 1836), and in addition to actual damages, cultural harm damages (Section 13), and benefit-sharing restitution (Section 6A):

**TIER 1: INDIVIDUAL/ACADEMIC ($50,000)**
Applicable to: Individual researchers, academic institutions, or non-profit organizations using Work for AI training without commercial deployment
Rationale:
- Investigation and detection costs ($10K-$15K)
- Legal consultation and cease-and-desist ($5K-$10K)
- Cultural harm from unauthorized knowledge extraction ($10K-$20K)
- Deterrent proportional to violator resources
- Model destruction oversight costs

**TIER 2: STARTUP/SMALL ENTITY ($250,000)**
Applicable to: Startups or small commercial entities (< $10M annual revenue) training AI on Work for commercial purposes
Rationale:
- Enhanced investigation and forensics costs ($30K-$50K)
- Legal representation for enforcement ($40K-$80K)
- Lost licensing revenue (estimated fair market value: $50K-$100K)
- Cultural harm and spiritual injury damages ($50K-$100K)
- Expert witnesses on AI detection and damages ($20K-$40K)
- Model destruction and verification costs
- Deterrent against smaller commercial appropriation

**TIER 3: MID-SIZE ENTITY ($1,000,000)**
Applicable to: Mid-size commercial entities ($10M-$100M annual revenue) using Work for AI training
Rationale:
- Comprehensive forensics including membership inference, model interrogation ($100K-$200K)
- Extensive litigation costs through trial ($200K-$400K)
- Lost licensing revenue at commercial scale ($200K-$400K)
- Significant cultural harm from commercial-scale misappropriation ($200K-$400K)
- Multiple expert witnesses (digital forensics, AI, cultural harm, economics) ($50K-$100K)
- Model destruction, dataset remediation, and compliance monitoring
- Substantial deterrent reflecting commercial benefit obtained

**TIER 4: LARGE ENTITY ($2,000,000)**
Applicable to: Large commercial entities ($100M-$1B annual revenue) using Work for AI training
Rationale:
- Extensive forensics across multiple AI models/products ($200K-$400K)
- Complex multi-year litigation ($400K-$800K)
- Lost licensing revenue for enterprise-scale use ($400K-$800K)
- Severe cultural harm from widespread commercial exploitation ($500K-$1M)
- Expert witness teams and technical consultants ($100K-$200K)
- Comprehensive model destruction and ongoing monitoring
- Strong deterrent reflecting substantial resources and commercial benefit

**TIER 5: MAJOR TECH COMPANY ($5,000,000+)**
Applicable to: Major technology companies (>$1B revenue), particularly those with flagship AI products (e.g., OpenAI, Google, Anthropic, Meta, Microsoft, Amazon)
Rationale:
- Forensics for large-scale foundation model training ($500K-$1M)
- Major litigation including potential class certification, multi-district litigation ($1M-$2M)
- Lost licensing revenue for foundation model training ($1M-$2M)
- Existential cultural harm from mass-scale knowledge extraction threatening Indigenous data sovereignty ($1M-$3M)
- Premier expert witnesses including AI ethics researchers, Indigenous rights scholars, economists ($200K-$500K)
- Extensive model destruction/retraining costs and long-term monitoring
- Maximum deterrent necessary given massive resources and market power
- **Adjustment Factor**: For flagship models (ChatGPT, Claude, Gemini, etc.) serving hundreds of millions of users, damages may escalate above $5M base using revenue-based multipliers

**REVENUE-BASED SCALING MULTIPLIERS:**
In addition to tier-based damages, the following multipliers apply based on revenue derived from AI product/service incorporating Work:

- **Base Damages**: Tier amount determined by entity size
- **Revenue < $1M**: 1.0x multiplier (no adjustment)
- **Revenue $1M-$10M**: 1.5x multiplier
- **Revenue $10M-$100M**: 2.0x multiplier
- **Revenue $100M-$1B**: 2.5x multiplier
- **Revenue > $1B**: 3.0x multiplier (equivalent to 30-45% of AI product revenue as contemplated in Section 6A for authorized use)

Example: Mid-size entity (Tier 3: $1M base) with AI product generating $50M revenue: $1M × 2.0 = $2M liquidated damages

**CULTURAL HARM MULTIPLIERS:**
If Work contains sacred, ceremonial, or culturally sensitive Traditional Knowledge/TCE (as determined under Section 13 Cultural Harm Methodology), apply additional multipliers:

- **Moderate cultural significance**: 1.5x
- **High cultural significance**: 2.0x
- **Sacred/ceremonial content**: 3.0x

Cultural harm multiplier applies AFTER revenue multiplier.
Example: Large entity (Tier 4: $2M) × revenue multiplier (1.5x) = $3M × sacred content multiplier (3.0x) = **$9M total**

**WILLFULNESS ENHANCEMENT:**
If violation is willful (actual knowledge of license terms, intentional circumvention of restrictions, continued use after notice), damages increase by additional 50-100% at Rights Holder's election.

**MODEL DESTRUCTION REQUIREMENTS:**
In addition to monetary damages, violators must:
- Permanently delete trained AI models incorporating Work
- Remove Work from all training datasets
- Provide technical verification of deletion (code review, dataset audits)
- Implement preventive measures to avoid re-incorporation
- Submit to ongoing monitoring (12-24 months) to verify compliance

**ENFORCEMENT PRIORITY:**
AI training violations receive **HIGHEST enforcement priority** due to:
- Difficulty of detection requiring specialized forensics
- Potential for massive-scale harm (billions of users accessing AI trained on Work)
- Existential threat to Indigenous data sovereignty and Traditional Knowledge protection
- Need for strong deterrent given commercial incentives to appropriate training data
- Precedential value for establishing Indigenous IP protection in AI era

**CUMULATIVE REMEDIES:**
Liquidated damages are cumulative with:
- Copyright statutory damages: $750-$150,000 per work (17 U.S.C. § 504(c))
- CFAA civil remedies: compensatory damages + injunctive relief (18 U.S.C. § 1030(g))
- DTSA remedies: actual damages + exemplary damages up to 2x (18 U.S.C. § 1836)
- Cultural harm damages under Section 13 (additional quantification beyond liquidated damages)
- Benefit-sharing restitution: 30-45% of AI product revenue (Section 6A)
- Attorney's fees and costs (Section 11.6)

While remedies are cumulative, courts shall structure recovery to avoid double compensation for identical harm while permitting separate compensation for distinct harms (economic, cultural, sovereignty, deterrent).

Users shall indemnify the Rights Holder against any claims arising from AI-related infringements, subject to these graduated liquidated damages structures.

7.1 **AI TRAINING PROHIBITION**: The Work, including any text, images, audio, video, code, data, or other content, shall not be used to train, develop, improve, or enhance any artificial intelligence system, machine learning model, neural network, large language model, or algorithmic system without explicit Prior Informed Consent from the Rights Holder. This prohibition applies to both generative and non-generative AI systems.

**7.1A MULTI-THEORY LEGAL BASIS FOR AI PROHIBITION**

To ensure robust enforceability against AI training, the prohibition in Section 7.1 is supported by nine independent and cumulative legal theories. Each theory provides a distinct basis for liability, such that even if one theory fails, the remaining eight theories independently support enforcement. This multi-layered approach ensures comprehensive protection regardless of evolving AI case law:

**THEORY 1: COPYRIGHT INFRINGEMENT (17 U.S.C. § 101 et seq.)**
   a) Unauthorized AI training constitutes reproduction and preparation of derivative works under 17 U.S.C. § 106(1)-(2);
   b) Based on *Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.* (S.D.N.Y. 2025), AI training on copyrighted material without permission is NOT fair use when creating competing or commercial products;
   c) Intermediate copying for training purposes violates reproduction right even if Work does not appear verbatim in outputs;
   d) Statutory damages available: $750-$30,000 per work, up to $150,000 for willful infringement (17 U.S.C. § 504(c)).

**THEORY 2: COMPUTER FRAUD AND ABUSE ACT (18 U.S.C. § 1030)**
   a) Unauthorized access to or exceeding authorized access of computer systems to scrape, extract, or ingest the Work violates 18 U.S.C. § 1030(a)(2)(C) and (a)(5);
   b) This license explicitly limits authorized access - any access for AI training purposes exceeds authorization;
   c) Civil remedies available under § 1030(g) including compensatory damages and injunctive relief;
   d) Criminal penalties available for violations: fines and up to 10 years imprisonment for repeat offenders (§ 1030(c)).

**THEORY 3: BREACH OF CONTRACT WITH EXTRA ELEMENTS**
   a) This license constitutes a binding contract with consideration (access to Work in exchange for compliance);
   b) AI training violates express contractual prohibition, constituting material breach;
   c) Extra elements beyond copyright: promise not to use for AI, confidentiality obligations, cultural protocol compliance, PIC requirements, and benefit-sharing obligations;
   d) These extra elements prevent Copyright Act § 301 preemption, making contract claims independently enforceable;
   e) Remedies: liquidated damages (Sections 7.1, 11.8), actual damages, specific performance, injunctive relief.

**THEORY 4: TRADE SECRET MISAPPROPRIATION (18 U.S.C. § 1836 - Defend Trade Secrets Act)**
   a) To the extent the Work or portions thereof constitute trade secrets (non-public information deriving economic value from secrecy, subject to reasonable confidentiality measures), unauthorized AI training constitutes misappropriation;
   b) Acquisition, disclosure, or use of trade secrets without consent violates DTSA;
   c) Traditional Knowledge and certain cultural information qualify as trade secrets when kept confidential;
   d) Remedies: injunctive relief (including extraordinary relief to prevent propagation - 18 U.S.C. § 1836(b)(3)), actual damages, exemplary damages up to 2x for willful misappropriation, attorney's fees.

**THEORY 5: BREACH OF CONFIDENCE (Common Law)**
   a) By accessing the Work subject to this license, users receive information in confidence with obligation not to use for AI training;
   b) Use for AI training breaches confidential relationship and violates duty of confidence;
   c) Federal common law and tribal common law recognize breach of confidence as independent cause of action;
   d) Remedies: injunctive relief, accounting of profits, compensatory damages.

**THEORY 6: MISAPPROPRIATION (Common Law)**
   a) Unauthorized use of the Work for AI training constitutes hot news misappropriation (*International News Service v. Associated Press*, 248 U.S. 215 (1918));
   b) Rights Holder invests substantial time, effort, and resources in creating Work;
   c) AI developers free-ride on this investment without compensation;
   d) Commercial value of Work is directly appropriated for AI development;
   e) Remedies: injunctive relief, disgorgement of profits, compensatory damages.

**THEORY 7: TRIBAL LAW VIOLATIONS**
   a) The Grand Traverse Band of Ottawa and Chippewa Indians exercises comprehensive regulatory authority over intellectual property and cultural resources of tribal members;
   b) Tribal law prohibits unauthorized commercial exploitation and cultural misappropriation;
   c) Tribal court has jurisdiction under *Montana* exceptions (see Section 11.4A);
   d) Remedies under tribal law: restitution, fines, injunctive relief, cultural harm damages, exclusion from tribal territories and resources.

**THEORY 8: INTERNATIONAL LAW VIOLATIONS**
   a) UN Declaration on the Rights of Indigenous Peoples (UNDRIP) Articles 11 and 31 protect Indigenous intellectual property and traditional knowledge;
   b) WIPO Treaty on Traditional Knowledge (adopted May 2024) requires Prior Informed Consent for use of traditional knowledge;
   c) AI training without PIC violates international Indigenous rights frameworks;
   d) While international law violations may not create direct private causes of action, they inform interpretation of domestic law and support equitable remedies.

**THEORY 9: CUMULATIVE THEORIES DOCTRINE**
   a) Under federal and tribal law, multiple legal theories may be asserted cumulatively, even if overlapping;
   b) A violation of this license triggers ALL applicable theories simultaneously;
   c) Remedies are cumulative except to the extent they would result in double recovery for the same harm;
   d) Defendant's liability is established if ANY theory succeeds, and damages/remedies may draw from multiple theories.

**ENFORCEMENT PRIORITY:**
   i) The Rights Holder may elect to pursue any or all theories simultaneously or sequentially;
   ii) Failure of one theory does not bar pursuit of remaining theories;
   iii) Forum selection (Section 11) permits tribal court, federal court, or international arbitration depending on which theories are asserted;
   iv) Each theory provides independent basis for injunctive relief, including orders to destroy trained models;
   v) Liquidated damages under this license (Section 7.1 reference to $500,000 minimum) apply cumulatively with statutory damages under copyright, CFAA, and DTSA.

**PRACTICAL EFFECT:**
AI developers cannot rely on any single defense (e.g., "fair use" under copyright, "authorized access" under CFAA, "not a trade secret") because even if one theory fails, eight other independent theories support liability. This comprehensive approach ensures maximum protection against unauthorized AI training regardless of how courts resolve emerging AI legal questions.

7.2 **INTERMEDIATE COPYING PROHIBITION**: Any intermediate copying, processing, ingestion, or transformation of the Work for AI training purposes constitutes a violation of this license, 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 **EMERGING TECHNOLOGY RESTRICTIONS WITH BENEFICIAL USE EXCEPTIONS**:

   /* LEGAL HARDENING: Distinguishes harmful commercial exploitation from beneficial community-controlled
      research. Addresses overbreadth concern while maintaining protection. Creates framework for
      community-beneficial uses of emerging technologies (language revitalization AI, protective
      cryptography, cultural preservation). Implements precautionary principle - presumptively prohibited
      unless proven beneficial. Based on 03-ai-technology-protection.md Amendment 4 (Medium Priority),
      addressing concern that blanket prohibitions prevent beneficial uses. */
   
   To future-proof this license against technological developments that may threaten tribal sovereignty and Indigenous rights, while permitting beneficial community-controlled research, the following framework applies:

   a) **PRESUMPTIVELY PROHIBITED TECHNOLOGIES:**
      The following emerging technologies are prohibited for use with the Work UNLESS authorized under subsection (b) below:
      
      i) **Artificial Intelligence and Machine Learning**: All forms covered in Sections 7.1-7.4;
      
      ii) **Quantum Computing Applications**: Use in quantum machine learning, quantum simulation of Traditional Knowledge, or quantum cryptanalysis that could compromise TK protection;
      
      iii) **Biotechnology**: Genetic research, synthetic biology, or bioinformatics involving Traditional Knowledge of medicines, genetic resources, or indigenous populations without community control;
      
      iv) **Brain-Computer Interfaces**: Neural implants or cognitive technologies accessing Traditional Knowledge without cultural protocols;
      
      v) **Advanced Robotics**: Autonomous weapons, surveillance systems, or robots deployed on Indigenous lands without tribal consent;
      
      vi) **Virtual/Augmented Reality**: Simulation of sacred sites, ceremonies, or cultural practices without authorization;
      
      vii) **Nanotechnology**: Applications affecting traditional medicines, environments, or cultural materials;
      
      viii) **Space Technology**: Use of Traditional Knowledge in extraterrestrial applications without benefit-sharing;
      
      ix) **Advanced Surveillance**: Facial recognition, behavioral prediction, or mass surveillance targeting Indigenous peoples;

   b) **BENEFICIAL USE EXCEPTIONS:**
      The following uses of emerging technologies ARE authorized when meeting criteria in subsection (c):
      
      i) **Community-Controlled Research**:
          (1) Research designed and controlled by Indigenous communities;
          (2) Benefits flow primarily to Indigenous peoples;
          (3) Community has authority to halt research at any time;
          (4) Results owned by community, not external researchers;
          (5) Research protocols approved by tribal IRB or cultural review board;
      
      ii) **Cultural Preservation Applications**:
          (1) Language revitalization technologies (AI for endangered languages);
          (2) Digital archiving with Indigenous Data Sovereignty protections;
          (3) Restoration of cultural sites using non-invasive technologies;
          (4) Accessibility tools for disabled community members;
          (5) Climate adaptation research protecting traditional territories;
      
      iii) **Protective Technologies**:
          (1) Quantum cryptography protecting Traditional Knowledge;
          (2) Blockchain provenance tracking for cultural heritage;
          (3) AI detection systems for cultural appropriation (per Section 9A.7);
          (4) Surveillance systems authorized under Section 8(g) for sacred site protection;
          (5) Defensive technologies preventing misappropriation;
      
      iv) **Medical Applications**:
          (1) Research on traditional medicines with community consent;
          (2) Genetic research benefiting Indigenous health outcomes;
          (3) Biotechnology preserving traditional plant varieties;
          (4) All subject to strict community control and benefit-sharing;
      
      v) **Educational Technologies**:
          (1) AI tutoring systems for Indigenous students;
          (2) VR/AR for authorized cultural education (not sacred ceremonies);
          (3) Adaptive learning technologies in tribal schools;
          (4) Distance learning for remote communities;

   c) **AUTHORIZATION REQUIREMENTS FOR BENEFICIAL USES:**
      To qualify for beneficial use exception, user must:
      
      i) **Obtain Enhanced Prior Informed Consent (PIC)**:
          (1) Detailed technology description and methodology;
          (2) Risk assessment and mitigation plan;
          (3) Benefit-sharing arrangement (monetary and non-monetary);
          (4) Community control mechanisms;
          (5) Data governance plan per Section 4.2;
          (6) Exit strategy if community withdraws consent;
      
      ii) **Demonstrate Community Benefit**:
          (1) Clear articulation of benefits to Indigenous communities;
          (2) Evidence of community support (letters, resolutions);
          (3) Plan for capacity building and technology transfer;
          (4) Commitment to Indigenous hiring and training;
      
      iii) **Maintain Indigenous Control**:
          (1) Community representatives on governance board;
          (2) Community veto power over technology direction;
          (3) Community ownership of results and data;
          (4) Prohibition on commercialization without consent;
      
      iv) **Provide Ongoing Reporting**:
          (1) Quarterly progress reports to Rights Holder/community;
          (2) Annual community presentations;
          (3) Transparency in funding sources and partnerships;
          (4) Immediate notification of risks or ethical concerns;

   d) **PRECAUTIONARY PRINCIPLE:**
      When uncertain whether use is beneficial or harmful:
      i) Presumption is PROHIBITED unless proven beneficial;
      ii) Burden on user to demonstrate beneficial nature;
      iii) Community has final determination authority;
      iv) Rights Holder may revoke authorization at any time per Section 5;

   e) **TECHNOLOGY-SPECIFIC PROTOCOLS:**
      
      i) **Quantum Computing**: Authorized ONLY for cryptographic protection and defensive uses;
      
      ii) **Biotechnology**: Requires:
          (1) Tribal IRB approval
          (2) Nagoya Protocol-compliant benefit-sharing
          (3) Community gene banks control samples
          (4) Prohibition on patenting without community co-ownership
      
      iii) **AI/Machine Learning**: Authorized ONLY for:
          (1) Language revitalization (community-controlled corpora)
          (2) Cultural appropriation detection
          (3) Educational tools for Indigenous students
          (4) Community explicitly retains full control and ownership
      
      iv) **VR/AR**: Authorized for education but:
          (1) NEVER for sacred ceremonies without explicit ritual authorization
          (2) Must include cultural context and attribution
          (3) Subject to community review and approval
          (4) Elders determine appropriate vs. restricted content;

   f) **VIOLATIONS OF TECHNOLOGY RESTRICTIONS:**
      Unauthorized use of prohibited technologies triggers:
      i) All remedies under Section 13 (Violations)
      ii) Technology-specific damages per Section 7.6 for AI
      iii) Mandatory technology destruction and dataset removal
      iv) Enhanced cultural harm damages (3x multiplier for sacred content)
      v) Criminal referrals where applicable (e.g., IACA violations)

   g) **PERIODIC REVIEW:**
      i) Rights Holder shall review technology restrictions every 2 years;
      ii) Update based on emerging threats and beneficial opportunities;
      iii) Community consultation required for major policy changes;
      iv) Amendments follow process in Section 17;

**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 DISTRIBUTED LEDGER TECHNOLOGY: RESTRICTIONS AND AUTHORIZED USES**

   /* LEGAL HARDENING: Distinguishes harmful cryptocurrency speculation from beneficial blockchain uses
      (provenance tracking, automated benefit-sharing via smart contracts, community governance). Addresses
      08-data-sovereignty.md Vulnerability 3 (blockchain restrictions overbroad). Creates framework for
      permissioned vs. public blockchains, NFT community benefit structure, environmental sustainability
      requirements, and specialized remedies (token burning, NFT transfer). Amendment 3 (Low-Medium Priority). */

   a) **PROHIBITED BLOCKCHAIN USES:**
      
      WITHOUT explicit Prior Informed Consent, the following are prohibited:
      
      i) **Cryptocurrency/Speculation:**
         - Using Work in cryptocurrency mining
         - Creating cryptocurrency tokens representing rights in Work
         - Trading Work-derived tokens on speculative markets
         - Initial Coin Offerings (ICOs) using Work
      
      ii) **Non-Fungible Tokens (NFTs) for Commercial Exploitation:**
         - Minting NFTs of sacred knowledge or restricted TK
         - Selling NFTs without community benefit-sharing
         - Creating NFT collections appropriating cultural designs
         - Treating cultural heritage as speculative investment vehicle
      
      iii) **Immutable Harmful Content:**
         - Recording sacred knowledge on public blockchains where it cannot be deleted
         - Permanent exposure of restricted TK
         - Immutable records violating cultural protocols requiring periodic renewal/reauthorization
      
      iv) **Unsustainable/Harmful Consensus:**
         - Proof-of-work mining causing environmental harm
         - Energy-intensive blockchain applications without offsetting benefits

   b) **AUTHORIZED BENEFICIAL BLOCKCHAIN USES:**
      
      The following blockchain applications ARE authorized (still require PIC but presumptively appropriate):
      
      i) **PROVENANCE AND AUTHENTICATION:**
         
         Using blockchain to establish provenance of authentic TK/TCE:
         - Immutable timestamp of authentic Work creation/recording
         - Cryptographic proof of Rights Holder authorship
         - Chain of custody for authorized licensing
         - Authentication against appropriated/counterfeit versions
         
         **Requirements:**
         - Permissioned blockchain (not public)
         - Rights Holder controls access
         - Cultural metadata privacy-protected
         - Environmental sustainability (proof-of-stake or similar)
      
      ii) **AUTOMATED BENEFIT-SHARING (SMART CONTRACTS):**
         
         Smart contracts that automatically distribute payments:
         - Licensing fees automatically split per Section 6A
         - Royalty payments to Legacy Beneficiary
         - Transparent financial tracking
         - Reduces administrative overhead
         
         **Requirements:**
         - Smart contract code audited and approved by Rights Holder
         - Rights Holder retains ability to modify terms
         - Fallback mechanisms if technical failure
         - Complies with inalienability provisions (Section 6)
      
      iii) **COMMUNITY GOVERNANCE:**
         
         Decentralized decision-making for TK access:
         - Voting mechanisms for PIC approval
         - Community consensus on licensing decisions
         - Transparent governance processes
         - Token-based voting for verified community members
         
         **Requirements:**
         - Governance tokens non-transferable (soulbound)
         - One person one vote (not plutocratic)
         - Aligned with tribal governance structures
         - Rights Holder retains veto authority
      
      iv) **CERTIFICATES AND CREDENTIALS:**
         
         Verifiable credentials on blockchain:
         - Certificates of cultural competency training
         - Authorized PIC documentation
         - Proof of completion for educational requirements (Section 10.3.d(ii)(4))
         - Credential verification without centralized authority
         
         **Requirements:**
         - Zero-knowledge proofs to minimize data exposure
         - Credential holder controls disclosure
         - Revocation mechanisms for expired/terminated credentials
      
      v) **SUPPLY CHAIN TRANSPARENCY:**
         
         Tracking authentic cultural products:
         - Blockchain record of authentic traditional crafts
         - Verification against IACA-violating counterfeits
         - Transparent benefit-sharing to original artists
         - Consumer confidence in authenticity
         
         **Requirements:**
         - Artisan consent for each item
         - Clear indication this is supply chain tracking, not speculation
         - Fair pricing, equitable benefit distribution
         - Integration with IACA enforcement

   c) **PERMISSIONED VS. PUBLIC BLOCKCHAINS:**
      
      **PUBLIC BLOCKCHAINS (Bitcoin, Ethereum, etc.):**
      - Generally prohibited due to:
        * Permanent immutability (cannot delete sacred content)
        * Public exposure
        * Lack of community control
        * Environmental concerns (proof-of-work)
      - Exceptions require explicit PIC with strong rationale
      
      **PERMISSIONED/PRIVATE BLOCKCHAINS:**
      - Presumptively acceptable for authorized uses above
      - Requirements:
        * Rights Holder or tribal authority operates nodes
        * Access controlled by community
        * Can modify/delete data if needed (not truly immutable)
        * Environmentally sustainable consensus (proof-of-stake, proof-of-authority)

   d) **NFT FRAMEWORK FOR COMMUNITY BENEFIT:**
      
      If NFTs authorized (requires enhanced PIC):
      
      i) **Creator Control:**
         - Rights Holder approves each NFT mint
         - Rights Holder receives at least 50% of initial sale
         - Ongoing royalties on secondary sales (minimum 20%)
         - Rights Holder can revoke/burn NFTs if misused
      
      ii) **Cultural Context:**
         - NFT metadata includes full cultural context
         - Attribution to Rights Holder and community
         - Educational information about TK/TCE
         - Links to this license and restrictions
      
      iii) **Benefit-Sharing:**
         - Proceeds flow to Legacy Beneficiary per Section 10.3
         - Transparent accounting on blockchain
         - Cannot evade benefit-sharing obligations
      
      iv) **Anti-Speculation:**
         - NFTs may include use restrictions (not pure speculation)
         - Could grant specific rights (attendance at event, educational access)
         - De-emphasize investment/speculation framing

   e) **ENVIRONMENTAL SUSTAINABILITY:**
      
      All blockchain applications must:
      i) Use energy-efficient consensus (proof-of-stake, proof-of-authority, or equivalent)
      ii) Carbon-neutral or carbon-negative operations
      iii) Annual environmental impact reporting
      iv) Offset environmental harm if any

   f) **PRIOR INFORMED CONSENT FOR BLOCKCHAIN:**
      
      PIC for blockchain applications must include:
      i) Plain-language explanation of blockchain technology
      ii) Specific use case and purpose
      iii) Privacy and immutability implications
      iv) Environmental impact
      v) Benefit-sharing structure
      vi) Community control mechanisms
      vii) Exit strategy if harmful

   g) **VIOLATIONS:**
      
      Unauthorized blockchain use violates this license:
      i) Subject to graduated damages per Section 13.1
      ii) Blockchain-specific relief:
         - Burning/destroying tokens
         - Transferring NFT ownership to Rights Holder
         - Forfeiting cryptocurrency proceeds
         - Deleting on-chain metadata (if permissioned blockchain)
      iii) Criminal referrals for cryptocurrency fraud where applicable

**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.

**11.3A INDIAN ARTS AND CRAFTS ACT (IACA) INTEGRATION AND CRIMINAL ENFORCEMENT**

This license invokes and integrates the comprehensive protections of the Indian Arts and Crafts Act, 25 U.S.C. § 305 et seq., providing both federal criminal and civil enforcement mechanisms for misrepresentation and unauthorized commercial appropriation:

a) **FEDERAL CRIMINAL PENALTIES (25 U.S.C. § 305e(b)):**
   i) **FIRST OFFENSE**: Misrepresentation of Indian-produced goods or unauthorized commercial use of Indigenous cultural expressions is punishable by:
       - Fines up to $250,000 (individuals) or $1,000,000 (entities)
       - Imprisonment up to 5 years
       - Or both fine and imprisonment
   
   ii) **SUBSEQUENT OFFENSES**: Second or subsequent violations are punishable by:
       - Fines up to $1,000,000 (individuals) or $5,000,000 (entities)
       - Imprisonment up to 15 years (as referenced in July 2025 sentencings)
       - Or both fine and imprisonment

   iii) **STRICT LIABILITY**: IACA imposes strict liability - no proof of fraudulent intent required, only misrepresentation or unauthorized use;

   iv) **FEDERAL PROSECUTION**: U.S. Department of Justice has authority to prosecute IACA violations; Rights Holder may report violations to DOJ and request prosecution;

b) **FEDERAL CIVIL REMEDIES (25 U.S.C. § 305e(d)):**
   i) **TREBLE DAMAGES**: IACA authorizes civil actions for treble damages (3x actual damages) plus attorney's fees;
   
   ii) **STATUTORY PENALTIES**: Minimum civil penalty of $1,000 per violation, with no maximum limit;
   
   iii) **INJUNCTIVE RELIEF**: Courts may order immediate cessation of violative conduct, destruction of infringing materials, and prospective prohibitions;
   
   iv) **PUNITIVE DAMAGES**: In addition to treble actual damages, courts may award punitive damages for willful violations;

c) **IACA DEFINITIONS AND APPLICABILITY:**
   i) **"Indian" Definition**: Rights Holder qualifies as "Indian" under IACA as enrolled member of federally recognized Grand Traverse Band of Ottawa and Chippewa Indians (25 U.S.C. § 305e(a)(1));
   
   ii) **"Indian Product" Definition**: Works created by Rights Holder constitute "Indian products" under IACA, including artistic, craft, or cultural works created by Indian persons;
   
   iii) **MISREPRESENTATION PROHIBITION**: IACA prohibits:
       (1) Falsely suggesting product is Indian-produced when it is not
       (2) Using product created by Rights Holder without authorization and suggesting Rights Holder endorses or participated in unauthorized use
       (3) Marketing derivative works based on Rights Holder's cultural expressions as "authentic Indian" products without proper attribution and authorization;

d) **AUTOMATIC FEDERAL REPORTING OBLIGATION:**
   i) Upon detecting potential IACA violation, Rights Holder SHALL report to:
       - U.S. Department of Justice, Criminal Division, Fraud Section
       - Federal Bureau of Investigation, Indian Country Crimes Unit  
       - Indian Arts and Crafts Board, U.S. Department of Interior
   
   ii) Reporting triggers federal investigation and potential criminal prosecution independent of civil enforcement under this license;
   
   iii) Federal prosecution does NOT preclude concurrent tribal court civil enforcement - remedies are cumulative;

e) **FEDERAL QUESTION JURISDICTION:**
   i) IACA violations create federal question jurisdiction under 28 U.S.C. § 1331 and § 1362 (special Indian jurisdictional statute);
   
   ii) Federal courts have subject matter jurisdiction over IACA claims independent of tribal court jurisdiction;
   
   iii) Tribal court may exercise concurrent jurisdiction over IACA civil claims under tribal law adopting IACA standards;

f) **RELATIONSHIP TO LICENSE REMEDIES:**
   i) **CUMULATIVE REMEDIES**: IACA remedies are cumulative with license-based remedies:
       - License liquidated damages (Section 11.8/11.9) apply concurrently
       - Cultural harm damages (Section 13) apply concurrently
       - Benefit-sharing restitution (Section 6A) applies concurrently
   
   ii) **NO DOUBLE RECOVERY**: While remedies are cumulative, recovery shall be structured to avoid double compensation for identical harm (e.g., if IACA treble damages compensate economic harm, license actual damages may focus on non-economic cultural harm);
   
   iii) **ELECTION OF REMEDIES NOT REQUIRED**: Rights Holder may pursue all available remedies simultaneously;

g) **ENHANCED DETERRENCE:**
   i) Potential 15-year imprisonment creates substantial deterrent against commercial appropriation;
   
   ii) Treble damages and criminal penalties exceed typical copyright remedies, reflecting special federal protection for Indigenous cultural production;
   
   iii) Federal criminal record creates collateral consequences (professional licensing, employment, reputation) beyond monetary penalties;

h) **PRECEDENTIAL SUPPORT:**
   i) United States v. Muenala (July 2025 sentencing referenced at line 196): 15-year term demonstrates federal commitment to IACA enforcement;
   
   ii) Federal prosecutions increasing as of 2025, showing DOJ prioritization of Indigenous cultural protection;
   
   iii) Tribal courts increasingly incorporating IACA standards into tribal IP codes;

i) **PRACTICAL ENFORCEMENT:**
   i) Users engaging in commercial use without authorization risk:
       - Federal criminal investigation and prosecution
       - Treble damages in civil litigation
       - Tribal court enforcement with full faith and credit
       - Reputational harm from federal criminal conviction
   
   ii) IACA provides enforcement mechanism even when copyright claims might fail (e.g., if Work is traditional knowledge not eligible for copyright, IACA still protects as Indigenous cultural production);

**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 UNCITRAL ARBITRATION FOR INTERNATIONAL DISPUTES**

For disputes involving international parties or enforcement in foreign jurisdictions, this license provides for binding arbitration under UNCITRAL Arbitration Rules (2013 version, as may be amended) as an alternative or supplement to tribal court jurisdiction:

   a) **ARBITRATION AGREEMENT:** By using the Work, international users (users located outside United States or with primary assets outside United States) irrevocably agree to resolve disputes through UNCITRAL arbitration at Rights Holder's election, without prejudice to Rights Holder's right to pursue tribal court or federal court remedies;

   b) **UNCITRAL RULES 2013:** Arbitration conducted under UNCITRAL Arbitration Rules (2013), providing neutral institutional framework recognized by 172 countries under New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (1958);

   c) **SEAT OF ARBITRATION:** Geneva, Switzerland, selected as neutral seat with well-developed arbitration law, strong rule of law, and no bias toward either party. Swiss Federal Tribunal provides judicial oversight. Alternative seats: The Hague (Netherlands) or Singapore;

   d) **NUMBER OF ARBITRATORS:** Three arbitrators
      i) **Rights Holder appoints one arbitrator** with expertise in Indigenous intellectual property, federal Indian law, or international Indigenous rights law
      ii) **Respondent appoints one arbitrator** with expertise in relevant substantive area (IP, AI, international law)
      iii) **Third arbitrator (Chair) appointed by agreement** or by Secretary-General of Permanent Court of Arbitration if parties cannot agree. Chair must have:
          - Demonstrated expertise in international intellectual property law or international Indigenous rights law
          - Cultural competency regarding Indigenous peoples' rights
          - No conflicts of interest
          - Preference for arbitrators with Indigenous heritage or extensive experience with Indigenous legal issues

   e) **LANGUAGE:** English, with translation provided for any non-English documents or testimony;

   f) **GOVERNING LAW:** Arbitral tribunal shall apply:
      i) Express terms of this license
      ii) Tribal law of Grand Traverse Band of Ottawa and Chippewa Indians
      iii) Federal Indian law of United States
      iv) UNDRIP and other international Indigenous rights instruments
      v) General principles of international intellectual property law, modified as necessary for Indigenous context
      **Note:** Tribunal explicitly authorized to apply tribal law and federal Indian law despite international arbitration context, recognizing unique status of Indigenous intellectual property;

   g) **INTERIM MEASURES:** Arbitral tribunal has authority to order interim measures of protection, including:
      i) Preservation of evidence (including AI models, datasets, source code)
      ii) Preliminary injunctions to prevent ongoing violations
      iii) Asset freezing to secure potential awards
      iv) Emergency arbitrator procedures available under UNCITRAL Rules Article 29;

   h) **AWARDS AND ENFORCEMENT:**
      i) **New York Convention Enforcement:** Arbitral awards enforceable in 172 signatory countries under New York Convention, providing broader enforcement than domestic judgments
      ii) **Binding and Final:** Awards are final and binding, with limited grounds for challenge (corruption, procedural irregularity, public policy)
      iii) **Costs and Attorney's Fees:** Prevailing party entitled to recover arbitration costs, attorney's fees, and expert witness fees
      iv) **Currency:** Awards in U.S. dollars, convertible to local currency at exchange rate on date of award;

   i) **INDIGENOUS RIGHTS PROTECTION IN ARBITRATION:**
      i) Arbitral tribunal shall interpret license terms liberally in favor of Indigenous rights and Rights Holder's intent (Indian canons of construction applied in international context)
      ii) Tribunal shall give effect to tribal sovereignty principles and federal trust responsibility even in international arbitration
      iii) Cultural evidence admissible including traditional knowledge, oral histories, and Indigenous legal principles
      iv) Tribal court judgments entitled to comity and deference by arbitral tribunal
      v) Rights Holder may request confidentiality protections for sacred or sensitive information;

   j) **RELATIONSHIP TO TRIBAL COURT JURISDICTION:**
      i) UNCITRAL arbitration is **ALTERNATIVE**, not replacement, for tribal court jurisdiction
      ii) Rights Holder retains absolute discretion to pursue tribal court, federal court, or UNCITRAL arbitration
      iii) Users may not compel UNCITRAL arbitration if Rights Holder elects tribal court
      iv) Arbitral tribunal may defer to tribal court on questions of tribal law or cultural significance;

   k) **CONSOLIDATION:** Rights Holder may consolidate multiple related arbitrations involving different respondents if efficiency warrants and rights of parties protected;

12.3A **MUTUAL LEGAL ASSISTANCE TREATY (MLAT) PROCEDURES**

For enforcement against international parties, particularly for criminal violations (IACA, CFAA) or civil judgments requiring foreign cooperation, this license invokes Mutual Legal Assistance Treaties:

   a) **MLAT INVOCATION:** Rights Holder may request U.S. Department of Justice, Office of International Affairs (DOJ OIA) to invoke MLATs with foreign countries to:
      i) Obtain evidence located in foreign jurisdictions (documents, data, witness testimony)
      ii) Serve process on foreign defendants
      iii) Freeze or seize foreign assets
      iv) Execute foreign judgments or arbitral awards
      v) Facilitate extradition for serious criminal violations;

   b) **BILATERAL MLAT COVERAGE:** United States has bilateral MLATs with 70+ countries, including:
      - European Union (28 member states)
      - United Kingdom, Canada, Australia, New Zealand
      - Major Asian economies (Japan, South Korea, Singapore, India)
      - Latin American countries (Mexico, Brazil, Argentina)
      - Coverage extends to criminal and serious civil violations;

   c) **CRIMINAL VIOLATION PREDICATE:** MLATs most effective for criminal violations including:
      i) IACA violations (25 U.S.C. § 305e) - criminal misrepresentation of Indian arts/crafts
      ii) CFAA violations (18 U.S.C. § 1030) - unauthorized computer access for AI training
      iii) DTSA criminal trade secret theft (18 U.S.C. § 1832) - economic espionage
      Rights Holder shall report potential criminal violations to DOJ, FBI, and Indian Arts and Crafts Board to establish predicate for MLAT use;

   d) **CIVIL MLAT PROCEDURES:** For civil judgments, Rights Holder may request:
      i) Hague Convention on Service Abroad (service of process in 75+ countries)
      ii) Hague Convention on Taking Evidence Abroad (discovery in foreign jurisdictions)
      iii) Recognition and enforcement of U.S. judgments under bilateral treaties or comity principles;

   e) **DOJ OIA PROCEDURES:**
      i) **Initial Request**: Rights Holder submits MLAT request to DOJ OIA with documentation of violation, foreign party identity, assets/evidence location
      ii) **DOJ Review**: DOJ OIA reviews for treaty applicability, dual criminality (if required), and U.S. interests
      iii) **Foreign Central Authority**: DOJ transmits request to foreign country's central authority
      iv) **Foreign Execution**: Foreign authorities execute request under their domestic law
      v) **Timelines**: Typically 6-18 months depending on country and request complexity;

   f) **ALTERNATIVE: HAGUE CONVENTION PROCEDURES:** If MLAT unavailable or ineffective, Rights Holder may use:
      i) Hague Service Convention for process service
      ii) Hague Evidence Convention for discovery
      iii) Direct bilateral judicial cooperation where treaties permit;

12.3B **FIVE-TIER DIPLOMATIC ESCALATION PROTOCOL**

When international enforcement proves difficult or foreign parties resist compliance, Rights Holder may escalate through diplomatic channels to leverage international pressure and Indigenous rights frameworks:

   **TIER 1: U.S. FEDERAL GOVERNMENT CHANNELS**
   a) **Department of Justice:** Request criminal prosecution of IACA, CFAA, DTSA violations through DOJ Criminal Division and FBI
   b) **Department of Interior:** Engage Bureau of Indian Affairs and Indian Arts and Crafts Board for enforcement support
   c) **State Department:** Request diplomatic notes to foreign governments regarding violations of U.S. citizens' intellectual property rights and treaty obligations protecting Indigenous peoples
   d) **U.S. Trade Representative:** File complaints regarding foreign countries' inadequate IP protection affecting Indigenous intellectual property, potentially triggering Special 301 investigations or WTO disputes
   e) **Department of Commerce:** Engage International Trade Administration for trade enforcement

   **TIER 2: UN SPECIAL RAPPORTEUR ON INDIGENOUS PEOPLES' RIGHTS**
   a) File complaint with UN Special Rapporteur on Rights of Indigenous Peoples regarding violations of UNDRIP Articles 11 (cultural heritage protection) and 31 (Traditional Knowledge protection)
   b) Request Special Rapporteur to issue communications to foreign governments urging compliance with international Indigenous rights obligations
   c) Request country visits or thematic reports highlighting violations
   d) Seek Special Rapporteur recommendations to UN Human Rights Council
   e) **Precedent**: Special Rapporteur has issued numerous communications regarding Indigenous IP violations, carrying significant diplomatic weight

   **TIER 3: INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR)**
   a) File petition with IACHR (if violations in Americas) alleging violations of:
      i) American Declaration on Rights of Indigenous Peoples (2016) - Articles on cultural integrity and intellectual property
      ii) American Convention on Human Rights - property rights protections
   b) Request precautionary measures to prevent irreparable harm
   c) Seek IACHR report condemning violations and recommending remedies
   d) Potential referral to Inter-American Court of Human Rights for binding judgment
   e) **Precedent**: IACHR has issued precautionary measures protecting Indigenous cultural heritage

   **TIER 4: INDIGENOUS PEOPLES' ORGANIZATIONS**
   a) **World Council of Indigenous Peoples (WCIP):** Engage for advocacy and international pressure
   b) **International Indian Treaty Council (IITC):** UN-recognized Indigenous organization for diplomatic advocacy
   c) **National Congress of American Indians (NCAI):** U.S. domestic advocacy with international reach
   d) **Assembly of First Nations (Canada):** Cross-border Indigenous advocacy
   e) **Regional Indigenous Organizations:** Leverage networks for coordinated international pressure
   f) Request organizations to issue statements, file amicus briefs, and organize advocacy campaigns

   **TIER 5: MEDIA AND PUBLIC ADVOCACY**
   a) Strategic media campaigns highlighting violations of Indigenous intellectual property rights
   b) Social media advocacy mobilizing Indigenous communities and allies
   c) Engagement with Indigenous media outlets and mainstream press
   d) Public naming and shaming of violators to create reputational harm
   e) Coordination with Indigenous rights activists and advocacy organizations
   f) Documentation for historical record and academic research

   **ESCALATION CRITERIA:**
   - Tier 1 invoked for all significant international violations
   - Tier 2-3 invoked if Tier 1 yields no results within 6-12 months or for particularly egregious violations
   - Tier 4-5 invoked simultaneously with Tiers 1-3 to amplify pressure
   - All tiers may operate concurrently for maximum effect

   **DIPLOMATIC IMMUNITY ANALOGY:**
   While not creating formal diplomatic immunity, this escalation protocol leverages government-to-government and international organization channels to create functional immunity from foreign legal harassment and to apply pressure for voluntary compliance or favorable settlements.

**12.3C WIPO TREATY IMPLEMENTATION AND MONITORING**

/* LEGAL HARDENING: Ensures WIPO Treaty benefits even before international entry into force by creating
   enforceable contractual obligations. Provides monitoring and notice procedures. Addresses US ratification
   and non-ratification scenarios. Based on 02-international-treaties.md Amendment 1 (deferred low-priority
   amendment now implemented). Creates pre-entry compliance obligations and post-entry enforcement enhancement. */

The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (adopted May 24, 2024) provides enhanced international protection for Indigenous intellectual property.

a) **AUTOMATIC INCORPORATION UPON ENTRY INTO FORCE:**
   Upon entry into force of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (requiring 15 ratifications), all provisions of that treaty shall be automatically incorporated into and made enforceable under this license without need for amendment, including:
   
   i) Article 3 disclosure requirements for patent applications;
   ii) Article 5 remedies for non-disclosure (patent invalidation, enforcement prevention);
   iii) Article 7 cross-border cooperation provisions;
   iv) All other applicable provisions protecting traditional knowledge and genetic resources;

b) **PRE-ENTRY INTO FORCE OBLIGATIONS:**
   During the period between this license's effective date and the WIPO Treaty's entry into force, users agree to comply with WIPO Treaty provisions as contractual obligations under this license, treating the treaty as incorporated by reference even before its formal entry into force in international law. This creates:
   
   i) **Contractual Disclosure Obligation**: Users seeking patents must disclose TK sources as if WIPO Treaty were in force;
   ii) **Early Compliance Benefit**: Users complying pre-entry will have established good faith and documentation;
   iii) **Penalty for Non-Compliance**: Violation of pre-entry disclosure obligations triggers full license remedies;

c) **RATIFICATION MONITORING:**
   The Rights Holder, successor authorities, and designated financial institutions (Section 9A.7) shall monitor WIPO Treaty ratification status through:
   
   i) WIPO website: https://www.wipo.int/treaties/
   ii) Notifications from World Intellectual Property Organization
   iii) Legal counsel tracking international IP developments
   
   **Current Status (as of July 2025):** Treaty requires 15 member state ratifications to enter into force; 8 ratifications received as of July 2025. Upon confirmation of 15th ratification, rights holders shall publish notice of WIPO Treaty entry into force and its automatic incorporation into this license.

d) **ENFORCEMENT ENHANCEMENT POST-ENTRY:**
   After WIPO Treaty entry into force, violations shall be subject to:
   
   i) Remedies under this license (Sections 13, 14);
   ii) Remedies under WIPO Treaty Article 5 in ratifying countries;
   iii) Patent invalidation actions in countries implementing disclosure requirements;
   iv) International arbitration invoking WIPO Treaty obligations;
   v) Diplomatic protests for violations by ratifying country nationals;

e) **US RATIFICATION CONTINGENCIES:**
   If the United States ratifies the WIPO Treaty:
   i) All provisions become federal law subject to Supremacy Clause;
   ii) Federal courts must enforce disclosure requirements;
   iii) USPTO must implement disclosure regulations;
   iv) Creates federal question jurisdiction under 28 U.S.C. § 1331;
   
   If the United States does NOT ratify:
   i) Contractual incorporation remains effective;
   ii) Can seek enforcement in ratifying countries;
   iii) Can use treaty as evidence of international norms in US litigation;
   iv) Diplomatic pressure through countries that have ratified;

   d) **NATIONAL IMPLEMENTING LEGISLATION:**
      i) As countries ratify WIPO Treaty and enact implementing legislation, such national laws automatically incorporated by reference to extent they provide protections equal to or greater than this license
      ii) Users in ratifying countries automatically subject to national implementing legislation in addition to license terms
      iii) Rights Holder may invoke national WIPO Treaty implementing legislation as additional enforcement mechanism;

   e) **MONITORING AND NOTIFICATION:**
      i) Rights Holder shall monitor WIPO Treaty ratification progress
      ii) Upon entry into force, Rights Holder shall provide notice to users of automatic incorporation
      iii) Absence of notice does not relieve users of automatic obligations - Treaty provisions self-executing upon entry into force;

   f) **PRECEDENTIAL EFFECT PRE-ENTRY:**
      Even before entry into force, WIPO Treaty reflects international consensus on Indigenous Traditional Knowledge protection and may be cited as persuasive authority in litigation interpreting this license;

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**:

  **13.7(a) AUTOMATIC SUCCESSION ACTIVATION PROCEDURES:**
  
  /* LEGAL HARDENING: Detailed automatic succession procedures address ambiguities in triggering events,
     confirmation methods, notification systems, successor priority resolution, scope of authority, restoration
     procedures, and documentation requirements. These procedures eliminate uncertainty about when succession
     activates, who has authority, and what successors may do, ensuring continuity of license enforcement
     during Rights Holder incarceration, incapacity, or disappearance. Based on 05-asset-protection.md
     Amendment 3, addressing Vulnerability 3 (automatic succession ambiguity). */
  
  i) **TRIGGERING EVENTS:**
     Automatic succession of license authorities activates upon ANY of the following:
     
     (1) **Confirmed Incarceration** - Rights Holder confined in jail, prison, detention center, or correctional facility for period exceeding 72 consecutive hours;
     
     (2) **Arbitrary Detention** - Rights Holder detained without formal charges or due process for any period;
     
     (3) **Medical Incapacity** - Rights Holder unable to manage license affairs due to physical or mental incapacity as determined by two licensed physicians;
     
     (4) **Judicial Incapacity** - Court determines Rights Holder incompetent or appoints guardian/conservator;
     
     (5) **Disappearance** - Rights Holder missing or whereabouts unknown for 30 consecutive days;
     
     (6) **Communication Interruption** - Rights Holder unable to communicate with financial institutions or trustees for 14 consecutive days despite reasonable attempts;

  ii) **CONFIRMATION PROCEDURES:**
     "Confirmed" triggering event means verification through any of:
     
     (1) **Self-Declaration**: Written or recorded statement by Rights Holder declaring incarceration/incapacity;
     
     (2) **Official Documentation**: 
         - Jail/prison booking records
         - Court commitment order
         - Medical certification of incapacity
         - Death certificate (for posthumous succession)
     
     (3) **Third-Party Verification**:
         - Attorney statement confirming client's status
         - Family member sworn affidavit
         - Correctional facility confirmation
         - Hospital records (with HIPAA authorization)
     
     (4) **Financial Institution Determination**:
         - Living trust trustee (Section 9A) unable to contact Rights Holder for 14 days
         - Reasonable investigation confirms triggering event
         - Documented attempts to contact (calls, emails, certified mail)

  iii) **AUTOMATIC NOTIFICATION SYSTEM:**
     
     Upon confirmation of triggering event, the following parties SHALL be notified immediately (within 24 hours):
     
     (1) **Primary Successor** (if designated)
     (2) **Secondary/Backup Successors** (in priority order)
     (3) **Legacy Beneficiary** (ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ Educational Legacy Trust)
     (4) **Financial Institution** holding living trust accounts
     (5) **Tribal Historic Preservation Office** (GTBOCI THPO)
     (6) **Tribal Court Clerk** (for jurisdictional awareness)
     
     Notification methods (use all available):
     - Email to last known address
     - Certified mail, return receipt requested
     - Phone call with documented voicemail if no answer
     - Text message (SMS) if phone number available
     - Physical delivery to last known address
     
     Notification shall include:
     - Nature of triggering event
     - Date of confirmation
     - Summary of successor's authorities and responsibilities
     - Contact information for financial institution and tribal attorney
     - Deadline to accept or decline successor role (7 days)

  iv) **SUCCESSOR PRIORITY AND RESOLUTION:**
     
     (1) **Single Designated Successor**:
         If one successor clearly designated, that successor assumes full authority immediately upon confirmation
     
     (2) **Multiple Successors (Priority Order)**:
         If multiple successors designated in priority order:
         - Primary successor has first opportunity (notified first)
         - If primary unable/unwilling (must respond within 7 days), secondary contacted
         - Continue down priority list until successor accepts
     
     (3) **Multiple Successors (Simultaneous)**:
         If multiple successors designated to act simultaneously:
         - All receive simultaneous notification
         - Majority vote governs decisions (simple majority)
         - If even number of successors, Rights Holder's pre-designated "tie-breaker" person decides
         - Emergency decisions (< 48 hours) can be made by any single successor, subject to later ratification
     
     (4) **No Designated Successor**:
         If no successor designated or all designated successors decline:
         - Succession per Section 10.2(b) - GTBOCI Tribal Historic Preservation Office
         - GTBOCI THPO has 14 days to accept or decline
         - If declined, succession per Section 10.2(c) - Tribal Council appoints committee
     
     (5) **Successor Acceptance**:
         Successor must affirmatively accept authority by:
         - Written acceptance filed with financial institution
         - Acknowledgment of fiduciary duties
         - Agreement to act in best interests of Rights Holder and Legacy Beneficiary
         - Cannot be forced to serve (may decline)

  v) **SCOPE OF SUCCESSOR AUTHORITY DURING INCARCERATION:**
     
     Successor's authority includes:
     (1) **Enforcement Actions**: Initiate, prosecute, settle, or dismiss violations of this license
     (2) **License Management**: Approve or deny new licensing requests (must align with Rights Holder's documented intent)
     (3) **Financial Management**: Receive license proceeds, ensure transfer to Legacy Beneficiary
     (4) **Legal Representation**: Retain attorneys, experts, and consultants for license matters
     (5) **Cultural Consultation**: Consult with GTBOCI THPO and Tribal Council on cultural sensitivity issues
     (6) **Emergency Actions**: Take immediate actions to prevent imminent harm to Work or cultural integrity
     
     Successor's authority does NOT include:
     (1) Transferring ownership of the Work
     (2) Waiving tribal sovereign immunity
     (3) Amending this license terms (except minor technical clarifications)
     (4) Retaining license proceeds for personal benefit (breach of fiduciary duty)
     (5) Acting contrary to Rights Holder's documented intentions

  vi) **RESTORATION OF RIGHTS HOLDER AUTHORITY:**
     
     (1) **Automatic Restoration Upon Release**:
         When Rights Holder released from incarceration/detention or regains capacity:
         - Full authority automatically reverts to Rights Holder
         - Successor's authority immediately terminates
         - No formal termination document required
     
     (2) **Rights Holder Review Period**:
         Rights Holder has 90 days after restoration to:
         - Review all successor actions
         - Ratify, modify, or rescind successor decisions
         - Unratified actions remain in effect unless Rights Holder acts
     
     (3) **Successor Accounting**:
         Within 30 days of Rights Holder's restoration, successor SHALL provide:
         - Complete accounting of all actions taken
         - Financial records and license proceeds disposition
         - Copies of all agreements entered
         - Report on pending matters
     
     (4) **Successor Indemnification**:
         Successor acting in good faith within scope of authority is indemnified by Legacy Beneficiary for:
         - Reasonable expenses incurred
         - Legal fees defending successor's good faith actions
         - Liability for actions within authority (except gross negligence or willful misconduct)

  vii) **DOCUMENTATION AND RECORD-KEEPING:**
     
     Successor SHALL maintain detailed records of:
     - All decisions made and rationale
     - All financial transactions
     - All communications with potential licensees or violators
     - Consultations with tribal authorities
     - Legal advice received
     
     Records shall be provided to Rights Holder upon restoration and preserved for 7 years minimum.

  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.

**2.1 INDIVIDUAL CAPACITY VS. TRIBAL CAPACITY CLARIFICATION**

To preserve tribal sovereign immunity and clearly delineate the legal capacity in which the Rights Holder operates under this license, the following capacity distinctions are established:

**a) INDIVIDUAL CAPACITY DECLARATION:**
   i) This license is executed and enforced by ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi / JUSTIN PAUL KENWABIKISE / Nbiish-Justin Paul Kenwabikise) in their **individual capacity** as a private citizen and tribal member, NOT in any official governmental capacity on behalf of the Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI);

   ii) The Rights Holder is the **sole copyright holder, creator, and owner** of the Work as an individual author;

   iii) All intellectual property rights, Traditional Knowledge, Traditional Cultural Expressions, and associated economic interests vest in the Rights Holder **individually**, not in GTBOCI as a tribal government entity;

   iv) The Rights Holder acts as a **private individual** exercising their personal intellectual property rights, cultural heritage rights, and treaty-protected individual rights;

**b) TRIBAL GOVERNMENT NON-PARTY STATUS:**
   i) The Grand Traverse Band of Ottawa and Chippewa Indians, as a **tribal governmental entity**, is NOT a party to this license;

   ii) GTBOCI does not hold any ownership interest in the Work by virtue of the Rights Holder's tribal membership;

   iii) GTBOCI has not executed this license, does not waive its sovereign immunity through this license, and cannot be sued based on this license;

   iv) Any reference to GTBOCI in this license is for purposes of:
       (1) Jurisdictional analysis (tribal court jurisdiction under *Montana* exceptions);
       (2) Cultural context and tribal affiliation identification;
       (3) Treaty rights foundation (individual tribal member's exercise of treaty-protected rights);
       (4) Federal Indian law application (individual tribal member's rights under federal Indian law);
       (5) NOT to create third-party beneficiary rights or governmental liability;

**c) C & L ENTERPRISES WAIVER PREVENTION:**
   i) Under *C & L Enterprises, Inc. v. Citizen Band Potawatomi Indian Tribe*, 532 U.S. 411 (2001), tribal sovereign immunity may be waived only by clear and unambiguous express language or congressional action;

   ii) **NO WAIVER EXISTS**: Nothing in this license constitutes a waiver of GTBOCI's sovereign immunity. The license contains no express waiver language concerning GTBOCI;

   iii) Individual tribal member enforcement actions do **NOT** waive tribal sovereign immunity, as individual tribal members are distinct legal persons from the tribal government (*Kiowa Tribe v. Manufacturing Technologies, Inc.*, 523 U.S. 751 (1998));

   iv) Users expressly acknowledge that:
       (1) They are contracting with the Rights Holder **individually**, not with GTBOCI;
       (2) They cannot assert counterclaims, cross-claims, or third-party claims against GTBOCI;
       (3) They cannot seek indemnification, contribution, or any relief from GTBOCI;
       (4) GTBOCI's sovereign immunity remains absolute and unwaived;

**d) TRUST PROPERTY STATUS CLARIFICATION:**
   i) The intellectual property subject to this license is **individually owned** by the Rights Holder and is NOT held in trust by the United States for the benefit of GTBOCI;

   ii) The Work does NOT constitute "Indian lands" under 25 U.S.C. § 2701(4) or trust property under the Indian Reorganization Act;

   iii) However, the Rights Holder's status as a tribal member and the cultural nature of the Work invoke federal Indian law protections, preemption (Section 5A), and treaty rights (Treaty Rights Foundation) that protect **individual tribal member activities** from state interference;

   iv) Federal trust responsibility extends to protecting individual tribal members' cultural and economic rights, not only tribal governmental interests;

**e) ENFORCEMENT ACTION CAPACITY:**
   i) **Individual Enforcement**: The Rights Holder may enforce this license in their individual capacity in tribal court, federal court, or international arbitration without implicating tribal sovereign immunity;

   ii) **No Tribal Government Enforcement**: GTBOCI tribal government has no obligation to enforce this license and is not a necessary or indispensable party to any enforcement action;

   iii) **Voluntary Tribal Court Jurisdiction**: GTBOCI Tribal Court may exercise jurisdiction over disputes based on consensual jurisdiction (users consent by accessing Work under *Montana* Exception 1) and conduct threatening tribal interests (*Montana* Exception 2), but this does NOT make GTBOCI tribal government a party;

   iv) **Legacy Trust Enforcement**: Upon the Rights Holder's passing, the ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) Educational Legacy Trust (Section 10.3) becomes the enforcement entity in its capacity as trust beneficiary/representative, NOT GTBOCI tribal government;

**f) FEDERAL QUESTION JURISDICTION BASIS:**
   i) Federal courts have federal question jurisdiction under 28 U.S.C. § 1331 over disputes arising under this license based on federal Indian law, treaty rights, and federal statutes (IACA, CFAA, DTSA) even when GTBOCI is not a party;

   ii) Individual tribal members have standing to assert federal Indian law protections, treaty rights, and federal statutory claims;

   iii) Federal Indian law protects individual tribal member economic activity and cultural rights, not only tribal governmental sovereignty;

**g) RELATIONSHIP TO SECTION 11 (JURISDICTION):**
   i) Tribal court jurisdiction (Section 11) is based on **subject matter jurisdiction** over disputes involving:
       (1) Consensual relationships with tribal members;
       (2) Conduct affecting tribal interests;
       (3) Federal Indian law questions;
       NOT on GTBOCI being a party to the license;

   ii) Tribal courts regularly adjudicate disputes between individual tribal members and non-members without the tribal government being a party;

   iii) Exhaustion of tribal court remedies (Section 11.4(a)) is required regardless of GTBOCI's non-party status, based on comity and deference to tribal self-governance;

**h) PRACTICAL IMPLICATIONS:**
   i) **Users cannot circumvent license obligations** by attempting to sue GTBOCI, which is immune;
   
   ii) **Users cannot claim confusion** about contracting party - it is clearly the Rights Holder individually;
   
   iii) **Federal Indian law still applies** to protect individual tribal member rights even though GTBOCI is not a party;
   
   iv) **Tribal court jurisdiction still exists** based on *Montana* exceptions even though GTBOCI is not a party;
   
   v) **Enforcement proceeds normally** with Rights Holder as plaintiff, without tribal sovereign immunity complications;

**i) SUCCESSOR AUTHORITY CAPACITY:**
   Upon the Rights Holder's incapacity, incarceration, or death, successor authorities (financial operators, Legacy Trust, Legacy Beneficiary - see Sections 10.2A, 10.3, 13.7) similarly act in **individual representative capacity**, NOT as tribal governmental officials, preserving the distinction between individual property rights and tribal governmental sovereignty.

**j) ANTI-ABUSE PROVISION:**
   Any attempt by a user to assert claims against GTBOCI, pierce the individual/tribal capacity distinction, or otherwise undermine tribal sovereign immunity shall constitute:
   (1) Material breach of this license;
   (2) Immediate revocation of all rights under Section 5;
   (3) Liquidated damages of $100,000 under Section 11.8;
   (4) Grounds for sanctions under Federal Rule of Civil Procedure 11 or tribal court equivalent;

**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).

   **INTEGRATION OF REGIONAL INDIGENOUS RIGHTS INSTRUMENTS**
   
   /* LEGAL HARDENING: While UNDRIP is a non-binding declaration, regional instruments provide binding
      or politically binding protections for Indigenous intellectual property. This amendment adds American
      Declaration on the Rights of Indigenous Peoples (OAS 2016), ILO Convention 169, and Nagoya Protocol
      references to create alternative legal bases beyond UNDRIP and provide framework for regional
      enforcement through Inter-American Commission on Human Rights. Based on 02-international-treaties.md
      Amendment 5, addressing Vulnerability 3 (missing regional binding instruments). */
   
   In addition to UNDRIP, this license invokes and incorporates the following regional instruments that provide binding or politically binding protections for Indigenous intellectual property:

   a) **AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (2016):**
      
      Adopted by the Organization of American States (OAS) General Assembly on June 15, 2016 (AG/RES. 2888 (XLVI-O/16)), including the United States as an OAS member state.
      
      **Relevant Articles:**
      i) **Article XIII (Collective Intellectual Property Rights)**: Indigenous peoples have collective rights to protect and develop their traditional knowledge, cultural expressions, sciences, technologies, and intellectual property. States shall establish mechanisms for recognition and protection of these rights.
      
      ii) **Article XIV (Cultural Identity and Diversity)**: Indigenous peoples have the right to develop and maintain their cultural identity and distinctiveness, including the right to the recognition and respect of their laws, traditions, customs, and institutions.
      
      iii) **Article XXI (Autonomy and Self-Government)**: Indigenous peoples have the right to autonomy or self-government in matters relating to their internal and local affairs, including intellectual property, culture, and natural resources.
      
      iv) **Article XXIX (Treaties and Agreements)**: Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors, according to their spirit and intent, and for States to honor and respect such treaties, agreements and other constructive arrangements.
      
      **Enforcement**: While the American Declaration's binding force is debated, OAS member states (including the US) have adopted it, creating political commitments enforceable through Inter-American Commission on Human Rights.

   b) **ILO CONVENTION NO. 169 CONCERNING INDIGENOUS AND TRIBAL PEOPLES (1989):**
      
      International Labour Organization Convention 169, entered into force September 5, 1991. While the United States has not ratified ILO 169, it is binding on 24 ratifying states (primarily in Latin America and Europe).
      
      **Relevant Articles for International Enforcement:**
      i) **Article 2**: Governments shall develop coordinated action to protect Indigenous rights and guarantee respect for their integrity.
      
      ii) **Article 15**: Indigenous rights to natural resources on their lands include rights to participate in use, management, and conservation of these resources - applicable to intellectual property as cultural resource.
      
      iii) **Article 23**: Traditional activities including handicrafts, rural industries, and cultural activities shall be recognized as important factors in maintenance of Indigenous cultures and economic self-reliance.
      
      **Application**: When enforcing this license in ILO 169 ratifying countries, invoke ILO 169 as binding treaty law requiring protection of Indigenous intellectual property rights.

   c) **NAGOYA PROTOCOL ON ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING (2014):**
      
      Nagoya Protocol to the Convention on Biological Diversity, entered into force October 12, 2014. Ratified by 139 parties including the United States (signed but not ratified), European Union, and most countries worldwide.
      
      **Relevant Provisions:**
      i) **Article 5**: Fair and equitable benefit-sharing from utilization of genetic resources and associated traditional knowledge.
      
      ii) **Article 7**: Prior informed consent (PIC) required for access to traditional knowledge associated with genetic resources held by Indigenous communities.
      
      iii) **Article 12**: Mutually agreed terms (MAT) including benefit-sharing arrangements when accessing traditional knowledge.
      
      **Application**: This license's benefit-sharing requirements (Sections 6A, 9A.8) align with Nagoya Protocol's framework and international consensus on 15-50% benefit-sharing norms.
      
      **Precedential Value**: Nagoya Protocol demonstrates international consensus on TK benefit-sharing norms, supporting this license's graduated benefit-sharing scale (20-45%).

   d) **CROSS-REFERENCING AND INTEGRATION:**
      
      i) **Interpretive Principle**: All provisions of this license shall be interpreted consistently with the above regional and international instruments where such interpretation strengthens Indigenous rights protections.
      
      ii) **Conflict Resolution**: Where any provision of this license conflicts with the above instruments, the interpretation most favorable to Indigenous rights and tribal sovereignty shall prevail under the Indian canons of construction.
      
      iii) **Evidence of International Norms**: These instruments may be cited in any proceedings under this license as evidence of:
          (1) International consensus on Indigenous intellectual property rights
          (2) Customary international law principles
          (3) Good faith obligations of states and non-state actors
          (4) Appropriate remedies and benefit-sharing percentages
      
      iv) **Advocacy Framework**: These instruments provide framework for diplomatic escalation under Section 12.3B (Diplomatic Escalation Protocol), including petitions to Inter-American Commission on Human Rights, UN Special Rapporteur, and UN Permanent Forum on Indigenous Issues.

   **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).

   **4.2A TECHNICAL IMPLEMENTATION STANDARDS FOR DATA GOVERNANCE**
   
   /* LEGAL HARDENING: Provides concrete technical standards for data security eliminating ambiguity
      in "proportionate security" requirements. Establishes four-level data classification system with
      specific encryption, authentication, access control, logging, and auditing requirements for each
      level. Creates Indigenous Data Governance Committee for oversight. Implements data minimization
      and portability rights (GDPR-aligned). Addresses 08-data-sovereignty.md Vulnerability 1 (technical
      standards missing). Amendment 1 (Medium Priority). */
   
   a) **DATA CLASSIFICATION SYSTEM:**
      
      All data derived from the Work shall be classified into four sensitivity levels:
      
      **LEVEL 1 - PUBLIC:**
      - Unrestricted TK available for general education
      - Attribution-only requirement
      - No special security measures required
      - Examples: Published educational materials, public presentations
      
      **LEVEL 2 - LIMITED ACCESS:**
      - TK requiring Prior Informed Consent (PIC)
      - Educational/research use with restrictions
      - Moderate security measures
      - Examples: Research datasets with PIC, authorized educational content
      
      **LEVEL 3 - RESTRICTED:**
      - Community-specific TK, cultural protocols
      - Requires specific cultural authorization
      - Strong security measures
      - Examples: Ceremonial knowledge, clan-specific information
      
      **LEVEL 4 - SACRED/HIGHLY SENSITIVE:**
      - Sacred knowledge, burial site data, ceremonial information
      - Strictest access controls
      - Maximum security measures
      - Examples: Midewiwin teachings, sacred site coordinates, restricted languages

   b) **ENCRYPTION STANDARDS:**
      
      **LEVEL 1:** Encryption in transit only (TLS 1.3+)
      
      **LEVEL 2:**
      - In transit: TLS 1.3+
      - At rest: AES-256 encryption
      - Key management: Separate key storage, rotation annually
      
      **LEVEL 3:**
      - In transit: TLS 1.3+ with certificate pinning
      - At rest: AES-256 with per-file encryption keys
      - Key management: HSM (Hardware Security Module) or cloud KMS
      - Key rotation: Quarterly
      
      **LEVEL 4:**
      - In transit: Mutual TLS with client certificates
      - At rest: AES-256 with per-record encryption
      - Key management: Tribal-controlled HSM or airgapped system
      - Key rotation: Monthly
      - Additional: Quantum-resistant algorithms as available

   c) **ACCESS CONTROL STANDARDS:**
      
      **LEVEL 1:** Basic authentication (username/password with complexity requirements)
      
      **LEVEL 2:**
      - Multi-factor authentication (MFA) required
      - Role-Based Access Control (RBAC)
      - Least privilege principle
      - Access review quarterly
      
      **LEVEL 3:**
      - MFA with hardware token or biometric
      - Attribute-Based Access Control (ABAC)
      - Just-in-time access provisioning
      - Access review monthly
      - Geographic restrictions where appropriate
      
      **LEVEL 4:**
      - MFA with multiple factors (certificate + biometric + hardware token)
      - Tribal authority approval required for each access
      - Session recording and monitoring
      - Access review weekly
      - Airgapped systems for most sensitive data

   d) **LOGGING AND AUDITING:**
      
      All systems storing/processing Work-derived data must log:
      - User authentication attempts (successful and failed)
      - Data access (who, what, when, from where)
      - Data modifications (create, update, delete with before/after states)
      - Permission changes
      - System configuration changes
      - Security events (firewall blocks, IDS alerts, etc.)
      
      **Log Retention:**
      - Level 1: 90 days
      - Level 2: 1 year
      - Level 3: 3 years
      - Level 4: 7 years
      
      **Log Protection:**
      - Logs encrypted and integrity-protected (hash chaining)
      - Stored separately from operational data
      - Tamper-evident storage
      - Regular log review by security team

   e) **DATA GOVERNANCE BODY:**
      
      **Indigenous Data Governance Committee Establishment:**
      
      i) **Composition:**
         - Rights Holder or designated successor
         - GTBOCI THPO representative
         - Cultural expert from Beaver Island descendants
         - Information security specialist
         - Legal counsel (data protection expertise)
      
      ii) **Responsibilities:**
         - Classify data sensitivity levels
         - Approve access requests for Level 3-4 data
         - Review security incidents and breaches
         - Update technical standards annually
         - Audit data custodian compliance
         - Interpret ambiguous data governance situations
      
      iii) **Meetings:**
         - Quarterly regular meetings
         - Emergency meetings within 48 hours of security incident
         - Annual comprehensive review
      
      iv) **Decision-Making:**
         - Consensus preferred
         - Majority vote if consensus impossible
         - Rights Holder has final authority on cultural matters

   f) **DATA MINIMIZATION:**
      
      Users shall collect, process, and retain only data necessary for authorized purpose:
      - Purpose limitation: Use only for stated purpose in PIC
      - Storage limitation: Delete when purpose fulfilled
      - Minimize collection: Don't collect excess data "just in case"
      - Aggregate where possible: Use aggregated/anonymized data when individual-level unnecessary

   g) **DATA PORTABILITY AND REPATRIATION:**
      
      Upon request, Rights Holder may demand:
      i) Copy of all data about Work in machine-readable format
      ii) Complete metadata about data processing
      iii) Audit trail of all access and modifications
      iv) Deletion of all data from user's systems (repatriation)
      v) Verification of deletion (forensic audit if needed)
      
      User must comply within 30 days of request.

   h) **PRIVACY-ENHANCING TECHNOLOGIES:**
      
      Where feasible, users should implement:
      - Differential privacy for statistical analysis
      - Homomorphic encryption for computation on encrypted data
      - Secure multi-party computation for distributed analysis
      - Zero-knowledge proofs for verification without disclosure
      - Federated learning instead of centralized data aggregation

   **4.2B DATA BREACH RESPONSE AND NOTIFICATION PROTOCOL**
   
   /* LEGAL HARDENING: Establishes GDPR-aligned 72-hour breach notification procedures with graduated
      response based on data sensitivity. Provides clear timeline, notification obligations, remediation
      requirements, and per-record liquidated damages. Creates accountability for third-party breaches.
      Requires cyber insurance for data custodians. Addresses 08-data-sovereignty.md Vulnerability 2
      (data breach procedures absent). Amendment 2 (Medium Priority). */
   
   a) **DATA BREACH DEFINED:**
      
      "Data Breach" means any unauthorized:
      - Access to data derived from the Work
      - Disclosure or exposure of such data
      - Acquisition of such data by unauthorized party
      - Modification or corruption of such data
      - Destruction or loss of such data (including ransomware)
      
      Includes both malicious attacks and inadvertent exposure.

   b) **IMMEDIATE RESPONSE (0-24 Hours):**
      
      Upon discovering or suspecting breach, data custodian SHALL immediately:
      
      i) **Containment:**
         - Isolate affected systems
         - Revoke compromised credentials
         - Block attacker access vectors
         - Preserve evidence (forensic image of systems)
      
      ii) **Notification to Rights Holder:**
         - Within 24 hours of discovery
         - Preliminary notification with known facts:
           * Date/time of breach discovery
           * Systems/data affected (preliminary assessment)
           * Number of records potentially exposed
           * Suspected cause (if known)
           * Actions taken to contain
         - Secure communication channel (encrypted email/phone)
      
      iii) **Evidence Preservation:**
         - Document timeline of events
         - Preserve logs and system states
         - Take forensic snapshots
         - Maintain chain of custody

   c) **INVESTIGATION (1-7 Days):**
      
      Data custodian must:
      i) Engage cybersecurity forensics firm
      ii) Determine scope of breach (what data accessed?)
      iii) Identify attack vector and vulnerabilities
      iv) Assess whether data was exfiltrated or only accessed
      v) Determine if data was encrypted/protected
      vi) Identify attacker if possible
      
      Provide investigation update to Rights Holder by Day 7.

   d) **NOTIFICATION OBLIGATIONS (Within 72 Hours):**
      
      Based on data sensitivity level compromised:
      
      **LEVEL 1 BREACH:**
      - Notify Rights Holder (required)
      - Public disclosure (if affects > 1000 records or public interest)
      
      **LEVEL 2 BREACH:**
      - Notify Rights Holder (within 48 hours)
      - Notify GTBOCI THPO (within 72 hours)
      - Notify affected PIC holders
      - Public disclosure with cultural harm impact statement
      
      **LEVEL 3 BREACH:**
      - Notify Rights Holder (within 24 hours)
      - Notify GTBOCI THPO and Tribal Council (within 48 hours)
      - Notify all community members with access to affected content
      - Law enforcement notification (FBI, tribal police)
      - Public disclosure with remediation plan
      
      **LEVEL 4 BREACH:**
      - Notify Rights Holder IMMEDIATELY (within 6 hours)
      - Emergency meeting of Indigenous Data Governance Committee
      - Notify GTBOCI Tribal Council Chairman
      - Notify relevant Midewiwin advisors (if ceremonial knowledge)
      - Notify cultural experts for harm assessment
      - Law enforcement notification (FBI cybercrime, tribal police)
      - Diplomatic notification through BIA if appropriate
      - International Indigenous organizations notification

   e) **NOTIFICATION CONTENT:**
      
      Breach notification must include:
      i) Description of breach and how it occurred
      ii) Types of data compromised (specific TK/TCE categories)
      iii) Number of records/individuals affected
      iv) Cultural sensitivity level of breached data
      v) Whether data was encrypted/protected
      vi) Steps taken to contain breach
      vii) Remediation plan (below)
      viii) Resources for affected parties
      ix) Contact information for questions
      x) Timeline for ongoing updates

   f) **REMEDIATION PLAN (7-30 Days):**
      
      Within 30 days, data custodian must implement:
      
      i) **Immediate Fixes:**
         - Patch vulnerabilities exploited
         - Reset all credentials
         - Implement additional monitoring
         - Deploy enhanced security controls
      
      ii) **Long-Term Improvements:**
         - Security architecture review
         - Penetration testing
         - Employee security training
         - Third-party security audit
         - Implementation of recommendations
      
      iii) **Monitoring Enhancement:**
         - Increased logging and monitoring
         - Threat intelligence integration
         - Security information and event management (SIEM)
         - 24/7 security operations center (SOC) for Level 3-4 data
      
      iv) **Quarterly Reporting:**
         - Report to Rights Holder quarterly for 2 years post-breach
         - Document security improvements
         - Demonstrate no recurrence

   g) **LIABILITY AND DAMAGES:**
      
      Data breaches trigger following liability:
      
      **PER-RECORD LIQUIDATED DAMAGES:**
      - Level 1: $100/record
      - Level 2: $1,000/record
      - Level 3: $10,000/record
      - Level 4: $100,000/record
      
      **PLUS:**
      - Cultural harm damages per Section 13.1(c)
      - Investigation costs reimbursement
      - Notification costs reimbursement
      - Credit monitoring for affected individuals (if PII exposed)
      - Reputation repair costs
      
      **CRIMINAL REFERRAL:**
      - Level 3-4 breaches reported to FBI
      - Computer Fraud and Abuse Act (CFAA) violations
      - State computer crime laws
      - International cybercrime cooperation

   h) **INSURANCE REQUIREMENTS:**
      
      Data custodians handling Level 2-4 data must maintain:
      i) Cyber insurance policy with minimum $5M coverage
      ii) Coverage for:
         - Data breach investigation and notification
         - Regulatory fines and penalties
         - Third-party claims (including Rights Holder)
         - Business interruption
         - Cyber extortion/ransomware
      iii) Rights Holder named as additional insured
      iv) Certificate of insurance provided annually

   i) **THIRD-PARTY VENDOR BREACHES:**
      
      If breach occurs at third-party vendor (cloud provider, subcontractor):
      i) Data custodian remains liable (no outsourcing liability)
      ii) Data custodian must notify Rights Holder immediately
      iii) Data custodian manages vendor response
      iv) Vendor must comply with all breach response requirements
      v) Data custodian may seek indemnification from vendor but Rights Holder not involved in dispute

   j) **BREACH REGISTRY:**
      
      Rights Holder shall maintain registry of all data breaches:
      i) Centralized tracking of incidents
      ii) Trend analysis
      iii) Identify repeat violators
      iv) Inform future security requirements
      v) Annual public report (aggregated, anonymized)

**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.

**5A. FEDERAL INDIAN LAW PREEMPTION OF STATE LAW**

This license operates within a comprehensive federal regulatory scheme governing tribal sovereignty, Indigenous intellectual property, and traditional knowledge protection. State law is preempted and has no application to this license under multiple independent bases of federal Indian law preemption:

**a) BRACKER FIELD PREEMPTION:**
   Under *White Mountain Apache Tribe v. Bracker*, 448 U.S. 136 (1980), state law is preempted when federal regulation is sufficiently comprehensive to occupy the field, demonstrating clear intent to preclude state authority. The following federal statutes and regulations create a comprehensive, pervasive regulatory scheme occupying the field of Indigenous intellectual property, cultural resources, and tribal member economic activity:

   i) **Indian Arts and Crafts Act (IACA)** - 25 U.S.C. § 305 et seq.: Establishes comprehensive federal criminal and civil liability for misrepresentation of Indian arts and crafts, with severe penalties including up to 15 years imprisonment and treble damages, demonstrating congressional intent to federally regulate Indigenous cultural production;

   ii) **Native American Graves Protection and Repatriation Act (NAGPRA)** - 25 U.S.C. § 3001 et seq.: Establishes federal framework for protection and repatriation of Native American cultural items, sacred objects, and traditional knowledge;

   iii) **Archaeological Resources Protection Act (ARPA)** - 16 U.S.C. § 470aa et seq.: Provides federal protection for archaeological resources including those on tribal lands;

   iv) **Federal Trust Responsibility**: Long-standing federal common law doctrine imposing fiduciary obligations on United States toward tribal nations, creating comprehensive federal oversight;

   v) **Treaties with United States**: Treaty of Washington (1836), Treaty of Detroit (1855), and related instruments create federal-tribal government-to-government relationship precluding state interference;

   vi) **18 U.S.C. § 1030 (Computer Fraud and Abuse Act)**: Federal criminal statute protecting against unauthorized computer access, applicable to digital misappropriation of tribal intellectual property;

   vii) **18 U.S.C. § 1832 (Defend Trade Secrets Act)**: Federal civil and criminal trade secret protection, applicable to tribal traditional knowledge meeting statutory criteria;

   This comprehensive federal regulatory framework demonstrates clear congressional intent to occupy the field of Indigenous cultural protection, precluding state law application.

**b) MESCALERO APACHE COMPREHENSIVE REGULATION:**
   Under *New Mexico v. Mescalero Apache Tribe*, 462 U.S. 324 (1983), tribes possess inherent sovereign authority to comprehensively regulate activities on tribal lands and involving tribal members. State law is preempted when tribal regulation is comprehensive, even absent direct conflict. Here:

   i) The Grand Traverse Band of Ottawa and Chippewa Indians exercises comprehensive regulatory authority over tribal members' economic activities, cultural production, and intellectual property through tribal code, cultural resource ordinances, and traditional law;

   ii) This license constitutes exercise of comprehensive tribal regulatory authority over intellectual property created by tribal member Rights Holder;

   iii) State law application would undermine tribal self-governance and tribal authority over member activities, warranting preemption;

   iv) Federal policy strongly supports tribal economic development and self-sufficiency, requiring deference to tribal regulation over member economic activity.

**c) CONFLICT PREEMPTION:**
   Even if state law were not field-preempted, it would be conflict-preempted because state law application would:

   i) **Directly conflict with federal law**: State law permitting, for example, shorter statute of limitations, different damages calculations, or weaker intellectual property protections would directly conflict with comprehensive federal protections and tribal regulatory authority;

   ii) **Frustrate federal objectives**: Congressional policy promoting tribal sovereignty, self-determination, cultural preservation, and economic development (*Indian Self-Determination and Education Assistance Act*, 25 U.S.C. § 5301 et seq.) would be frustrated by state law application diminishing tribal authority or economic benefits;

   iii) **Undermine federal-tribal relationship**: State interference in tribal member intellectual property governance would undermine government-to-government relationship and federal trust responsibility;

   iv) **Contradict treaty rights**: State law application would infringe treaty-reserved rights under Treaty of Washington (1836) and Treaty of Detroit (1855), directly conflicting with federal treaty obligations.

**d) DISTINCTION FROM COPYRIGHT ACT § 301 PREEMPTION:**
   This federal Indian law preemption is **distinct from and independent of** Copyright Act preemption under 17 U.S.C. § 301:

   i) **Different Source**: Federal Indian law preemption derives from constitutional trust responsibility, treaties, and comprehensive federal regulatory scheme governing tribal sovereignty - not from Copyright Act;

   ii) **Different Scope**: Federal Indian law preempts state law from applying to tribal sovereign matters - it does not preempt state law claims that might otherwise be preempted by Copyright Act § 301;

   iii) **Extra Elements**: This license contains numerous "extra elements" beyond copyright protection (see Section 6.1(h) for detailed analysis), meaning claims under this license are NOT preempted by Copyright Act § 301;

   iv) **Complementary Protection**: Federal Indian law preemption and Copyright Act preemption operate on different axes:
       - Federal Indian law preempts: State law application to tribal sovereign matters
       - Copyright Act § 301 preempts: State law claims that are equivalent to copyright infringement
       - This license is protected by federal Indian law preemption AND contains extra elements avoiding Copyright Act preemption;

   v) **Precedential Support**: *Bay Mills* (tribal sovereign immunity applies even for off-reservation commercial activity), *Bracker* (comprehensive federal regulation preempts state law), and related precedents establish that federal Indian law operates independently from general intellectual property preemption analysis.

**e) PRACTICAL APPLICATION:**
   As a result of this comprehensive federal Indian law preemption:

   i) **State courts lack jurisdiction**: Disputes must be litigated in tribal court or federal court, not state court (see Section 11);

   ii) **State law does not apply**: State contract law, state intellectual property law, state tort law, and other state law are inapplicable and preempted;

   iii) **Federal question jurisdiction exists**: Federal courts have federal question jurisdiction under 28 U.S.C. § 1331 based on federal Indian law issues;

   iv) **Removal available**: Any state court action improperly filed is removable to federal court under 28 U.S.C. § 1441;

   v) **Dismissal motions succeed**: State court proceedings are subject to immediate dismissal on preemption grounds, with mandatory attorney's fees under Section 11.6.

**f) RELATIONSHIP TO TRIBAL SOVEREIGN IMMUNITY:**
   This preemption doctrine operates independently from tribal sovereign immunity. Even in contexts where sovereign immunity might not apply (e.g., individual capacity enforcement), federal Indian law still preempts state law application, ensuring disputes are resolved under federal and tribal law rather than state law.

**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.

   **6.7 COPYRIGHT ACT § 301 PREEMPTION AVOIDANCE - EXTRA ELEMENTS ANALYSIS**

   Claims under this license are NOT preempted by Copyright Act § 301 (17 U.S.C. § 301) because this license contains numerous qualitatively different "extra elements" beyond copyright infringement that transform claims under this license into distinct causes of action not equivalent to copyright claims:

   **a) CONFIDENTIALITY OBLIGATIONS:**
      i) This license imposes affirmative confidentiality duties regarding sacred, ceremonial, and culturally sensitive information (Sections 4, 10.10.3);
      ii) Users must maintain confidentiality of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE) beyond mere non-copying;
      iii) Breach of confidence is a qualitatively different tort from copyright infringement (*ProCD, Inc. v. Zeidenberg*, 86 F.3d 1447 (7th Cir. 1996));
      iv) Confidentiality obligations create fiduciary-like duties not present in standard copyright;

   **b) PROMISE NOT TO USE FOR AI TRAINING:**
      i) Section 7.1 and 7.1A explicitly prohibit AI training, creating contractual promise beyond copyright's reproduction right;
      ii) This promise addresses uses (intermediate copying, embedding generation, model training) that may or may not infringe copyright but definitely breach contract;
      iii) Contract breach with "extra element" of specific AI prohibition is not preempted (*Bowers v. Baystate Technologies, Inc.*, 320 F.3d 1317 (Fed. Cir. 2003));
      iv) The promise creates obligations regarding *how* Work is used, not merely *whether* it is copied;

   **c) PRIOR INFORMED CONSENT (PIC) PROCEDURES:**
      i) Section 9 requires elaborate Prior Informed Consent procedures including community consultation, benefit-sharing negotiation, cultural protocol compliance, and ongoing relationship management;
      ii) PIC creates procedural obligations qualitatively different from copyright's permission requirement;
      iii) PIC failure breaches contractual and fiduciary duties beyond copyright infringement;
      iv) Indigenous-specific PIC procedures rooted in international law (UNDRIP, WIPO Treaty) create extra elements;

   **d) BENEFIT-SHARING REQUIREMENTS:**
      i) Sections 6A, 9A.8 require equitable benefit-sharing (minimum 20% commercial revenues, 30% AI training, escalating with commercial success);
      ii) Benefit-sharing obligations are qualitatively different from copyright's exclusive rights - they create affirmative payment duties even for authorized uses;
      iii) Benefit-sharing reflects Indigenous customary law and international frameworks (Nagoya Protocol, WIPO Treaty);
      iv) These obligations persist beyond copyright term and apply to uses that might be fair use under copyright;

   **e) CULTURAL PROTOCOL COMPLIANCE:**
      i) Sections 4, 10.10.3 require compliance with specific cultural protocols regarding sacred sites, ceremonial information, seasonal restrictions, and community consultation;
      ii) Cultural protocol requirements are qualitatively different from copyright - they regulate context, timing, manner of use, and relationship obligations;
      iii) Protocol violations harm cultural integrity and spiritual values, distinct from economic harm of copyright infringement;
      iv) Protocols create ongoing relational obligations, not mere authorization requirements;

   **f) TRIBAL LAW COMPLIANCE:**
      i) This license explicitly invokes tribal law of the Grand Traverse Band of Ottawa and Chippewa Indians (Sections 11.1, 11.4);
      ii) Tribal law governs cultural resources, traditional knowledge, and member activities independently of copyright;
      iii) Tribal law compliance requirements create extra elements based on tribal sovereignty;
      iv) Violation of tribal law subjects users to tribal court jurisdiction and tribal remedies beyond copyright;

   **g) TRADE SECRET PROTECTION:**
      i) To the extent Work contains trade secrets (non-public Traditional Knowledge deriving economic value from secrecy), trade secret law applies concurrently with copyright (*Kewanee Oil Co. v. Bicron Corp.*, 416 U.S. 470 (1974));
      ii) Trade secret misappropriation (Theory 4 in Section 7.1A) has different elements than copyright infringement: acquisition/disclosure/use of confidential information;
      iii) Trade secret protection is explicitly not preempted by Copyright Act § 301(b)(3);
      iv) Traditional Knowledge protection under trade secret law creates independent cause of action;

   **h) FIDUCIARY AND TRUST DUTIES:**
      i) By accessing culturally sensitive Traditional Knowledge and accepting benefit-sharing obligations, users enter quasi-fiduciary relationship with Rights Holder and Indigenous communities;
      ii) This license creates trust-like duties: good faith, loyalty, transparency, accountability in handling Indigenous cultural heritage;
      iii) Breach of fiduciary duty is qualitatively different from copyright infringement (*Aronson v. Quick Point Pencil Co.*, 440 U.S. 257 (1979) - state contract law not preempted);
      iv) Fiduciary breach harms relationship and trust, distinct from economic harm of infringement;

   **CUMULATIVE EFFECT:**
   The combination of these eight independent extra elements transforms claims under this license from copyright-equivalent claims into sui generis Indigenous intellectual property claims based on:
   - Contract law with multiple extra elements (confidentiality, promises, procedures)
   - Tribal sovereignty and tribal law
   - Federal Indian law and treaty rights
   - Trade secret and confidential information law  
   - Fiduciary and trust law
   - International Indigenous rights law (UNDRIP, WIPO Treaty)
   - Cultural harm and spiritual injury (not economic harm)

   **LEGAL AUTHORITY:**
   i) *ProCD v. Zeidenberg*, 86 F.3d 1447 (7th Cir. 1996): Contract with extra elements not preempted;
   ii) *Bowers v. Baystate*, 320 F.3d 1317 (Fed. Cir. 2003): Contractual prohibition on reverse engineering not preempted despite software copyright;
   iii) *Aronson v. Quick Point*, 440 U.S. 257 (1979): State contract law not preempted by patent law;
   iv) 17 U.S.C. § 301(b)(3): Trade secret law explicitly not preempted;
   v) *Bracker* preemption (Section 5A): Federal Indian law creates independent legal regime not subject to Copyright Act preemption analysis;

   **PRACTICAL EFFECT:**
   Claims under this license survive Copyright Act § 301 preemption challenges because they assert violations of qualitatively different legal duties (confidentiality, procedure, benefit-sharing, cultural protocol, tribal law, trade secret, fiduciary) rather than merely asserting copyright-equivalent reproduction/distribution/derivative work rights.

**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.2A BANKRUPTCY PROTECTION - TRIBAL CULTURAL PROPERTY EXEMPTION**

   The intellectual property rights, Traditional Knowledge, Traditional Cultural Expressions, and associated assets subject to this license are protected from bankruptcy proceedings and creditor claims under multiple independent legal bases:

   a) **11 U.S.C. § 541(c)(2) TRUST PROPERTY EXCLUSION:**
      i) Section 541(c)(2) excludes from bankruptcy estate property held in trust for benefit of another if applicable non-bankruptcy law restricts transfer;
      ii) This license creates trust-like restrictions on transferability (Section 6 inalienability, Section 5 sovereign revocation);
      iii) Federal Indian law and tribal law provide non-bankruptcy law basis for transfer restrictions;
      iv) Rights Holder's interest in Work is held subject to federal trust responsibility and tribal sovereignty restrictions, excluding it from bankruptcy estate;

   b) **TRIBAL SOVEREIGN IMMUNITY PREVENTS ESTATE INCLUSION:**
      i) To the extent Work is characterized as involving tribal sovereignty or tribal member cultural resources subject to tribal governance, tribal sovereign immunity prevents bankruptcy court jurisdiction;
      ii) *Krystal Energy Co. v. Navajo Nation* (9th Cir. 2004): Tribal sovereign immunity applies in bankruptcy proceedings;
      iii) Bankruptcy court cannot exercise jurisdiction over property subject to tribal sovereignty without express waiver;
      iv) This license explicitly preserves tribal sovereign immunity (Section 11.4(b)), preventing bankruptcy court from asserting control over license-related assets;

   c) **11 U.S.C. § 365 EXECUTORY CONTRACT PROTECTION:**
      i) This license constitutes executory contract (ongoing obligations by both parties);
      ii) Under § 365, debtor-in-possession or trustee may assume, assume and assign, or reject executory contracts;
      iii) **ASSUMPTION LIMITATIONS**: Even if trustee seeks to assume license:
          - Must cure all defaults (§ 365(b)(1))
          - Must provide adequate assurance of future performance
          - Cannot assume if applicable law excuses other party from accepting performance from/rendering performance to assignee
          - **Inalienability provisions (Section 6) excuse Rights Holder from accepting assignment** to third parties, making assignment impossible under § 365(c)(1);
      
      iv) **REJECTION CONSEQUENCES**: If trustee rejects license:
          - Rejection constitutes breach, triggering damages and remedies
          - Rights Holder retains all intellectual property rights (rejection does not transfer or forfeit IP)
          - Legacy Trust continues to receive benefit-sharing payments from pre-bankruptcy users
          - Liquidated damages for breach may be asserted as claim against estate;

   d) **TRADITIONAL KNOWLEDGE AND CULTURAL PROPERTY EXEMPTIONS:**
      i) Federal policy recognizes inalienability of Indigenous cultural property;
      ii) NAGPRA (25 U.S.C. § 3001 et seq.) establishes federal policy that Indigenous cultural items are inalienable and protected from commercial transactions;
      iii) While NAGPRA applies to physical objects, its policy supports treating Traditional Knowledge and TCE as similarly inalienable and exempt from bankruptcy estate;
      iv) Federal Indian law's protection of tribal cultural resources provides additional basis for exemption;

   e) **AUTOMATIC STAY EXCEPTION FOR LICENSE ENFORCEMENT:**
      i) While § 362 automatic stay prevents creditor actions, exceptions exist for exercises of governmental authority (§ 362(b)(4));
      ii) Tribal court enforcement of license may qualify as governmental/regulatory action exempt from stay;
      iii) Rights Holder may seek relief from stay (§ 362(d)) to pursue license enforcement, arguing tribal sovereignty and inadequate protection of interest;

   f) **CRIMINAL RESTITUTION EXEMPTION (11 U.S.C. § 1325(a)(4) / § 1328(a)(3)):**
      i) If license violation leads to criminal prosecution (IACA, CFAA) and restitution order, restitution obligations are generally non-dischargeable in bankruptcy;
      ii) Chapter 13 plans must provide for full payment of criminal restitution;
      iii) Criminal restitution survives bankruptcy discharge, protecting Rights Holder's ability to collect even if violator files bankruptcy;

   g) **MINIMUM 75% PROTECTED FOR LEGACY BENEFICIARY:**
      i) Even if bankruptcy court asserts jurisdiction (contrary to above protections), no more than 25% of ongoing licensing proceeds may be subject to creditor claims;
      ii) Minimum 75% must continue to flow to Legacy Beneficiary to maintain cultural benefit-sharing and fulfill license's Indigenous wealth reclamation purpose;
      iii) This protection analogous to wage garnishment limitations (Consumer Credit Protection Act, 15 U.S.C. § 1673: maximum 25% of disposable earnings);
      iv) Cultural and sovereignty interests warrant at least equivalent protection for Indigenous intellectual property proceeds;

   h) **NO PERMANENT IP FORFEITURE:**
      i) Under no circumstances may bankruptcy result in permanent forfeiture, sale, or transfer of intellectual property rights to creditors or third parties;
      ii) Inalienability provisions (Section 6) prohibit any such transfer;
      iii) Any purported transfer is void ab initio and subject to immediate challenge;
      iv) Rights revert to Rights Holder or Legacy Beneficiary automatically upon any improper transfer attempt;

   i) **PRACTICAL GUIDANCE:**
      i) If Rights Holder faces bankruptcy, immediately notify tribal attorney and invoke protections above;
      ii) Tribal court may issue protective orders preventing bankruptcy court interference with license enforcement;
      iii) Rights Holder should seek bankruptcy exemption for intellectual property under applicable state law or federal law;
      iv) Legacy Trust structure (Section 9A.1, 10.3) provides additional asset protection by holding rights for benefit of Rights Holder/Legacy Beneficiary;

   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.

       **b-1) AI-SPECIFIC DETECTION METHODOLOGIES:**
       To detect unauthorized AI training on the Work (violation of Section 7.1 and 7.1A), the financial institution shall implement or contract for the following specialized AI detection techniques:

          i. **ADVERSARIAL WATERMARKING:** Embed adversarial watermarks or "poison triggers" in digital content that remain imperceptible to humans but are learned by AI training algorithms, creating detectable signatures in model outputs when Work is used for training. Test watermark robustness using adversarial attacks (FGSM, PGD, C&W) and maintain database of watermark patterns. Periodically refresh watermarking schemes to counter emerging evasion techniques.

          ii. **MEMBERSHIP INFERENCE ATTACKS:** When AI training is suspected, employ membership inference techniques to determine whether Work was included in training dataset by querying suspected AI model with Work samples, analyzing confidence scores and output distributions, and comparing model responses using statistical tests. Engage academic or commercial AI auditing services. Document methodologies and results with sufficient rigor for expert testimony.

          iii. **MODEL INTERROGATION TECHNIQUES:** Systematically query suspected AI systems to elicit outputs containing or derived from Work using prompt engineering, few-shot learning, and other techniques. Compare AI outputs to Work using exact/fuzzy matching, similarity scores, style analysis, linguistic fingerprinting, and structural pattern recognition. Document chain of custody for all queries and responses for evidentiary purposes.

          iv. **DATASET POISONING DETECTION:** Monitor for inclusion of Work in publicly available training datasets (Common Crawl, GitHub, academic datasets). Deploy automated tools to search for Work in dataset repositories and data aggregators. Upon detection, issue takedown notices under DMCA and license breach claims. Maintain evidence of dataset contamination to prove AI training occurred.

          v. **MODEL BEHAVIOR ANALYSIS:** Analyze publicly accessible AI models for behaviors suggesting training on Work, including unusual performance on domain-specific tasks, ability to complete/continue Work samples, and reproduction of unique elements or patterns. Employ differential testing against control models to isolate Work's influence. Engage AI safety researchers or adversarial ML specialists for sophisticated analysis.

          vi. **COMMERCIAL AI SERVICE MONITORING:** Systematically test major AI services (ChatGPT, Claude, Gemini, Copilot, etc.) for evidence of training on Work. Monitor model release notes, training data disclosures, and technical papers for references to datasets that may include Work. File complaints with AI service providers upon detection. Pursue enforcement under Section 7.1A's multi-theory approach.

          vii. **RESOURCE ALLOCATION FOR AI DETECTION:** Implement graduated resource allocation based on risk and revenue:
               - **Baseline (5-8% of revenue)**: Conventional forensics + basic AI model interrogation
               - **Enhanced (10-12% of revenue)**: Add adversarial watermarking + membership inference + systematic commercial AI testing
               - **Comprehensive (12-15% of revenue)**: Add continuous model behavior analysis + proactive dataset monitoring + dedicated AI auditing services
               **AI training violations receive elevated enforcement priority** due to detection difficulty, widespread harm potential, and policy importance of enforcing Section 7.1.

          viii. **AI DETECTION SERVICE PROVIDERS:** The financial institution is authorized to contract with specialized providers including academic research labs with AI auditing capabilities, commercial AI security/auditing firms (Robust Intelligence, Arthur AI, Fiddler AI), digital forensics firms with AI/ML specialization, and adversarial ML consultants. Contracts shall include confidentiality provisions, evidence handling protocols, and tribal sovereignty acknowledgments.
       
       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 and AI training contexts.
       
       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**

**EXPLICIT CONTRACT FORMATION AND BINDING AGREEMENT:**

This license constitutes a legally binding contract between you (the "User") and the Rights Holder (ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ / Nbiish Waabanimikii-Kinawaabakizi / JUSTIN PAUL KENWABIKISE). The essential elements of contract formation are satisfied as follows:

   a) **OFFER:** The Rights Holder offers access to and use of the Work subject to the terms, conditions, restrictions, and obligations set forth in this license, including the forum selection, choice of law, and jurisdictional provisions contained herein;

   b) **ACCEPTANCE:** By accessing, viewing, downloading, copying, using, modifying, distributing, creating derivative works from, or otherwise interacting with the Work in any manner, you unambiguously accept all terms of this license through your conduct. Your use constitutes objective manifestation of assent;

   c) **CONSIDERATION:** Mutual consideration exists in the form of:
      i) **Rights Holder provides**: Access to the Work, which has inherent cultural, intellectual, and economic value;
      ii) **User provides**: Promise to comply with all license terms, including forum selection, benefit-sharing obligations, cultural protocol compliance, and jurisdictional submission;
      iii) Consideration is legally sufficient - access to valuable intellectual property in exchange for binding promises;

   d) **MEETING OF THE MINDS:** This license is drafted with specificity to ensure mutual understanding. Users are deemed to have read, understood, and agreed to all terms by their use of the Work;

   e) **CAPACITY:** Rights Holder has legal capacity to contract as individual copyright holder and tribal member (see Section 2.1). Users warrant they have legal capacity to enter binding agreements;

   f) **LEGALITY:** This contract's subject matter (intellectual property licensing with cultural protections) is legal and enforceable under tribal law, federal law, and international law.

**IRREVOCABLE CONSENT TO JURISDICTION:**

By using the Work and accepting this license, you irrevocably and unconditionally:

   a) **CONSENT TO TRIBAL JURISDICTION:** Submit to the personal jurisdiction of the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Court, Little Traverse Bay Bands of Odawa Indians Tribal Court, and any Beaver Island Band tribal court once established;

   b) **CONSENT TO FEDERAL JURISDICTION:** Submit to the personal jurisdiction of the United States District Court for the Western District of Michigan and other federal courts with proper subject matter jurisdiction;

   c) **WAIVE JURISDICTIONAL DEFENSES:** Irrevocably waive and agree not to assert any defense or objection based on:
      i) Lack of personal jurisdiction;
      ii) Improper venue;
      iii) Inconvenient forum (*forum non conveniens*);
      iv) Insufficient minimum contacts;
      v) Lack of subject matter jurisdiction in tribal court;
      vi) Exhaustion of tribal remedies requirements;
      vii) Any other procedural defense that would defeat jurisdiction or venue;

   d) **ACKNOWLEDGE PURPOSEFUL AVAILMENT:** Acknowledge that your use of the Work constitutes purposeful availment of tribal intellectual property and cultural resources, establishing minimum contacts with tribal forums sufficient to support jurisdiction consistent with due process;

   e) **BINDING ON SUCCESSORS:** This consent binds your heirs, successors, assigns, agents, and representatives;

**FORUM SELECTION MANDATORY:**

   a) **EXCLUSIVE FORUMS:** Disputes arising under or related to this license SHALL be brought exclusively in the forums specified in this Section 11. These forum selection clauses are **MANDATORY and EXCLUSIVE**, not merely permissive;

   b) **NO STATE COURT JURISDICTION:** State courts have NO jurisdiction over disputes arising under this license due to federal Indian law preemption (Section 5A), treaty rights supremacy, and this mandatory forum selection clause. Any state court action is void ab initio;

   c) **MATERIAL BREACH:** Filing suit in non-designated forum constitutes material breach, triggering immediate license revocation and liquidated damages under Section 11.9;

   d) **SEVERABILITY:** If any forum selection provision is found unenforceable, it shall be severed and replaced with most similar enforceable forum consistent with tribal sovereignty and Rights Holder's intent;

**ENFORCEABILITY OF FORUM SELECTION:**

This forum selection clause is enforceable under:
   - *Carnival Cruise Lines, Inc. v. Shute*, 499 U.S. 585 (1991): Forum selection clauses in standard form contracts are presumptively enforceable;
   - *Atlantic Marine Construction Co. v. U.S. District Court*, 571 U.S. 49 (2013): Forum selection clauses are "prima facie valid" and defeat motions to dismiss or transfer;
   - *Montana* exceptions (Section 11.4A): Consensual relationships establish tribal court jurisdiction;
   - Federal Indian law: Tribal sovereignty over internal affairs and member activities;

   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.

   **11.4A MONTANA V. UNITED STATES JURISDICTIONAL FOUNDATION**

   Tribal court jurisdiction over users of this license, including non-members of any federally recognized tribe, is established under both recognized exceptions to *Montana v. United States*, 450 U.S. 544 (1981):

   a) **CONSENSUAL RELATIONSHIP EXCEPTION (Montana Exception 1):**
      i) By accessing, downloading, viewing, using, copying, modifying, distributing, or creating derivative works from the Work, users voluntarily enter into a consensual commercial relationship and contractual agreement with the Rights Holder and, through the Rights Holder's tribal membership and the cultural nature of the Work, with the Grand Traverse Band of Ottawa and Chippewa Indians;
      
      ii) This consensual relationship is established through multiple independent bases:
          (1) **Express Contract Formation**: Acceptance of license terms constitutes offer and acceptance creating bilateral contract;
          (2) **Commercial Dealing**: Use of the Work constitutes commercial dealing in tribal intellectual property;
          (3) **Continuing Relationship**: Ongoing use creates continuing course of dealing subject to tribal governance;
          (4) **Purposeful Availment**: Users purposefully avail themselves of tribal resources, analogous to *Burger King Corp. v. Rudzewicz*, 471 U.S. 462 (1985);
      
      iii) This exception applies regardless of whether use occurs on or off Indian lands, as the Work itself constitutes tribal cultural property over which the tribe retains governance authority;

   b) **CONDUCT THREATENING TRIBAL INTERESTS EXCEPTION (Montana Exception 2):**
      i) Unauthorized use, misappropriation, misrepresentation, commercial exploitation, or other violation of this license constitutes conduct that directly threatens:
          (1) **Tribal Political Integrity**: Undermines tribal authority to govern cultural resources and member activities;
          (2) **Tribal Economic Security**: Deprives tribe of economic benefit-sharing from intellectual property;
          (3) **Tribal Health and Welfare**: Damages cultural integrity, spiritual practices, and community cohesion;
          (4) **Cultural Survival**: Threatens transmission of Traditional Knowledge and cultural continuity;
      
      ii) Protection of intellectual property, Traditional Knowledge, and Traditional Cultural Expressions is a **core governmental function** essential to tribal self-determination and cultural survival, placing jurisdictional authority squarely within *Montana*'s second exception;
      
      iii) The harm from IP misappropriation is not diminished by occurring off-reservation, as cultural harm, economic harm, and sovereignty harm affect the tribe regardless of geographic locus;

   c) **ADDITIONAL JURISDICTIONAL BASES:**
      i) **Indian Country Status** (*18 U.S.C. § 1151*): To the extent the Rights Holder resides or creates the Work within Indian Country (including GTBOCI trust lands), tribal jurisdiction is presumptive;
      
      ii) **Williams v. Lee Infringement Test**: State court jurisdiction would impermissibly infringe on tribal self-government over intellectual property and cultural resources created by tribal members, necessitating tribal court as proper forum (*Williams v. Lee*, 358 U.S. 217 (1959));
      
      iii) **Subject Matter Jurisdiction**: Intellectual property disputes involving tribal member creators and tribal cultural content are matters of core tribal concern over which tribes have inherent sovereign authority.

   d) **BURDEN OF PROOF:**
      Any party challenging tribal court jurisdiction bears the burden of proving inapplicability of both *Montana* exceptions by clear and convincing evidence, and must first exhaust tribal court remedies including appellate review before seeking federal court intervention (*National Farmers Union Ins. Cos. v. Crow Tribe*, 471 U.S. 845 (1985)).

   **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.

   **11.5A FEDERAL QUESTION JURISDICTION**

   Federal courts have subject matter jurisdiction over disputes arising under this license based on multiple independent federal question grounds under 28 U.S.C. § 1331 ("federal question jurisdiction") and 28 U.S.C. § 1362 (special jurisdictional provision for Indian tribes and members):

   a) **FEDERAL INDIAN LAW QUESTIONS:**
      i) This license invokes and applies federal Indian law, including:
          - Treaty rights under Treaty of Washington (1836) and Treaty of Detroit (1855)
          - Reserved rights doctrine (*Winters v. United States*, *Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n*)
          - Worcester v. Georgia framework for tribal sovereignty
          - Montana v. United States jurisdictional analysis (Section 11.4A)
          - Federal trust responsibility doctrine
          - Federal preemption under Bracker and Mescalero Apache (Section 5A)
      
      ii) Disputes requiring interpretation or application of these federal Indian law principles necessarily arise under federal law, creating federal question jurisdiction independent of any other jurisdictional basis;
      
      iii) Federal Indian law questions are presumptively federal questions even when asserted as defense or counterclaim;

   b) **FEDERAL STATUTE QUESTIONS:**
      i) **Indian Arts and Crafts Act (IACA)** - 25 U.S.C. § 305 et seq.: License explicitly incorporates IACA protections and penalties (Section 11.3A), creating federal question jurisdiction for misrepresentation and appropriation claims;
      
      ii) **Computer Fraud and Abuse Act (CFAA)** - 18 U.S.C. § 1030: AI training prohibition (Section 7.1, 7.1A) invokes CFAA as one of nine legal theories, creating federal question jurisdiction for unauthorized access/exceeding authorized access claims;
      
      iii) **Defend Trade Secrets Act (DTSA)** - 18 U.S.C. § 1836: Traditional Knowledge protected as trade secrets (Section 7.1A Theory 4) creates federal question jurisdiction for misappropriation claims;
      
      iv) **Copyright Act** - 17 U.S.C. § 101 et seq.: While this license contains "extra elements" avoiding preemption (Section 6.7), copyright claims remain available as cumulative remedies, creating supplemental federal question jurisdiction;

   c) **INTERNATIONAL TREATY QUESTIONS:**
      i) This license invokes UNDRIP, WIPO Treaty on Traditional Knowledge, and other international instruments (Section 54 WIPO Treaty Compliance, Section 12.3 International Enforcement);
      
      ii) While international treaties may not always create private causes of action, they inform interpretation of federal statutes and federal Indian law, supporting federal question jurisdiction;
      
      iii) Federal courts have exclusive competence to interpret U.S. treaty obligations, including obligations regarding Indigenous peoples' rights;

   d) **SUBSTANTIAL FEDERAL INTEREST:**
      i) Protection of tribal sovereignty and Indigenous intellectual property presents substantial federal interest warranting federal jurisdiction under *Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg.*, 545 U.S. 308 (2005);
      
      ii) Federal policy promoting tribal self-determination, cultural preservation, and economic development creates strong federal interest in ensuring proper application of federal Indian law;
      
      iii) Federal interest in AI regulation and intellectual property protection adds additional federal dimension;

   e) **28 U.S.C. § 1362 SPECIAL INDIAN JURISDICTION:**
      i) Section 1362 provides: "The district courts shall have original jurisdiction of all civil actions, brought by any Indian tribe or band... wherein the matter in controversy arises under the Constitution, laws, or treaties of the United States";
      
      ii) While Rights Holder acts in individual capacity (Section 2.1), this license involves interpretation of federal Indian law, treaties, and federal statutes protecting tribal sovereignty and Indigenous rights;
      
      iii) Section 1362 creates supplemental basis for federal jurisdiction given substantial tribal interests at stake;

   f) **PLEADING FEDERAL QUESTION JURISDICTION:**
      To invoke federal jurisdiction, Rights Holder's complaint should plead:
      i) Violation of federal statutes (IACA, CFAA, DTSA, Copyright Act)
      ii) Federal Indian law questions (treaty rights, Montana analysis, federal preemption, tribal sovereignty)
      iii) Substantial federal interest in protecting tribal sovereignty and Indigenous IP
      iv) Request for declaratory judgment on federal law questions
      v) 28 U.S.C. § 1331 and § 1362 as jurisdictional bases;

   g) **VENUE:**
      i) **Primary venue**: U.S. District Court for the Western District of Michigan (covers Grand Traverse Band territory)
      ii) **Alternative venue**: District where defendant resides or conducts substantial business (28 U.S.C. § 1391)
      iii) **Transfer**: Rights Holder may move to transfer to W.D. Michigan under 28 U.S.C. § 1404 based on convenience and federal Indian law expertise;

   h) **REMOVAL FROM STATE COURT:**
      i) If any party improperly files in state court, Rights Holder may remove to federal court under 28 U.S.C. § 1441 based on federal question jurisdiction;
      
      ii) Removal must occur within 30 days of service (28 U.S.C. § 1446);
      
      iii) After removal, Rights Holder shall move to dismiss or transfer to tribal court based on exhaustion requirement (Section 11.4(a)) and forum selection clause;
      
      iv) Section 11.9 provides detailed removal procedures;

   i) **RELATIONSHIP TO TRIBAL COURT EXHAUSTION:**
      i) Federal question jurisdiction exists concurrently with tribal court jurisdiction;
      
      ii) However, tribal court exhaustion requirement (Section 11.4(a), *National Farmers Union*) generally requires parties to exhaust tribal remedies before federal court exercises jurisdiction;
      
      iii) Federal court should stay proceedings or dismiss without prejudice pending tribal court exhaustion;
      
      iv) After tribal court exhaustion, federal court reviews tribal court jurisdictional determinations under deferential standard;

   j) **STRATEGIC ADVANTAGES OF FEDERAL QUESTION JURISDICTION:**
      i) **Avoid state court**: Federal question jurisdiction ensures disputes bypass state courts entirely, consistent with federal preemption (Section 5A);
      
      ii) **Federal expertise**: Federal judges have experience with federal Indian law, unlike state judges;
      
      iii) **Appellate pathway**: Federal circuit courts provide appellate review with consistent federal Indian law jurisprudence;
      
      iv) **Enforcement**: Federal judgments more easily enforced nationally and internationally;
      
      v) **No amount-in-controversy requirement**: Federal question jurisdiction does not require meeting diversity jurisdiction's $75,000 threshold;

   **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 Graduated Liquidated Damages for Jurisdictional Breach**

   As genuine pre-estimates of the damages that would be suffered from jurisdictional violations, which are difficult to quantify precisely due to the unique nature of tribal sovereignty and Indigenous intellectual property protection, the following graduated liquidated damages structure applies:

   a) **TIER 1: IMPROPER FORUM FILING ($25,000)**
      Applicable when: User files initial lawsuit, complaint, or legal action in any forum other than those designated in this Section 11 (e.g., state court, foreign court, non-exhausted federal court);
      
      Rationale: Covers immediate costs of:
      - Emergency tribal attorney consultation and retention ($5,000-$10,000)
      - Motion to dismiss or transfer drafting and filing ($8,000-$12,000)
      - Legal research on jurisdictional issues ($2,000-$5,000)
      - Initial appearances and hearings ($3,000-$8,000)
      - Administrative costs and tribal court filings ($1,000-$2,000)
      - Harm to tribal sovereignty from forum violation (dignitary harm)

   b) **TIER 2: JURISDICTIONAL CHALLENGE ($50,000)**
      Applicable when: User challenges or contests tribal court subject matter jurisdiction, personal jurisdiction, or exhaustion requirements after proper tribal court filing;
      
      Rationale: Covers costs of:
      - Extensive briefing on *Montana* exceptions and federal Indian law ($15,000-$25,000)
      - Expert witness on tribal jurisdiction (tribal law professor) ($8,000-$15,000)
      - Multiple hearings and appeals on jurisdictional issues ($10,000-$20,000)
      - Delayed resolution of merits, extending litigation costs
      - Harm to tribal court authority and comity principles

   c) **TIER 3: CONTINUED IMPROPER FORUM LITIGATION ($100,000)**
      Applicable when: User persists in litigating in improper forum after Rights Holder files motion to dismiss/transfer based on forum selection clause;
      
      Rationale: Covers costs of:
      - Continued litigation in wrong forum requiring parallel briefing ($20,000-$40,000)
      - Potential appeals of dismissal/transfer orders ($15,000-$30,000)
      - Expert testimony on enforceability of tribal forum selection clauses ($10,000-$20,000)
      - Delayed merits resolution requiring ongoing tribal attorney fees
      - Significant harm to tribal sovereignty and license framework integrity
      - Deterrent against willful violation of mandatory forum selection

   d) **TIER 4: APPEAL OF PROPER TRIBAL JURISDICTION ($200,000)**
      Applicable when: User appeals tribal court decision upholding jurisdiction to federal court without completing exhaustion of tribal remedies, or appeals on frivolous jurisdictional grounds;
      
      Rationale: Covers costs of:
      - Federal appellate litigation ($40,000-$80,000)
      - Amicus support from tribal organizations ($15,000-$30,000)
      - Expert witnesses on tribal sovereignty and *Montana* analysis ($20,000-$40,000)
      - Multi-year litigation delay costs
      - Severe harm to tribal self-determination and court authority
      - Strong deterrent against abusive appeals undermining tribal courts

   e) **TIER 5: FORUM SHOPPING OR HARASSMENT ($500,000)**
      Applicable when: User files multiple suits in multiple improper forums simultaneously, or engages in pattern of jurisdictional challenges constituting harassment or bad faith litigation tactics;
      
      Rationale: Covers costs of:
      - Defense in multiple forums simultaneously ($100,000-$200,000)
      - Emergency injunctive relief to halt abusive litigation ($30,000-$60,000)
      - Sanctions motions and enforcement ($20,000-$40,000)
      - Irreparable harm to Rights Holder's ability to enforce license
      - Existential threat to tribal sovereignty-based IP protection framework
      - Maximum deterrent against weaponizing litigation to avoid tribal jurisdiction

   f) **CUMULATIVE APPLICATION:**
      i) Liquidated damages are cumulative - each tier applies to corresponding conduct, and multiple tiers may apply to same litigation if escalating violations occur;
      ii) Example: User files in state court (Tier 1: $25K), refuses to consent to transfer after motion (Tier 3: $100K), then appeals denial of dismissal (additional damages as appropriate);
      iii) Total liquidated damages may reach $500,000+ for egregious, persistent jurisdictional violations;

   g) **RELATIONSHIP TO OTHER REMEDIES:**
      i) Liquidated damages are in ADDITION to:
          - Enforcement costs under Section 11.6 (attorney's fees, costs, expenses)
          - Injunctive relief (immediate orders to cease improper forum litigation)
          - License revocation under Section 5 (sovereign revocation right)
          - Actual damages from any merits violations
      ii) Liquidated damages do NOT constitute double recovery - they compensate for distinct harm (jurisdictional violation) separate from merits damages;

   h) **GENUINENESS OF PRE-ESTIMATE:**
      i) These amounts represent genuine pre-estimates, not penalties, based on:
          - Actual attorney fee rates for federal Indian law specialists ($300-$600/hour)
          - Estimated hours for jurisdictional litigation at each tier (50-1000+ hours)
          - Expert witness costs ($5,000-$50,000 per expert)
          - Tribal court filing fees and administrative costs
          - Dignitary and sovereignty harm to tribal institutions
      ii) Rights Holder shall maintain documentation of actual costs incurred to demonstrate liquidated damages are reasonable pre-estimates if challenged;

   i) **IMMEDIATE LIABILITY:**
      Liquidated damages accrue immediately upon triggering conduct (e.g., filing in improper forum) and are due within 30 days. Failure to pay constitutes separate breach, triggering interest at tribal law default rate (or 10% per annum if no tribal rate specified) and additional collection costs;

   **11.9 Removal Procedures from State or Improper Federal Court**

   If any party improperly files suit in state court or other improper forum, the Rights Holder may remove the action as follows:

   a) **REMOVAL TO FEDERAL COURT (from state court):**
      i) Federal question jurisdiction exists under 28 U.S.C. § 1331 based on federal Indian law, treaty rights, and federal statutes (IACA, CFAA, DTSA);
      ii) Rights Holder shall file Notice of Removal within 30 days of service under 28 U.S.C. § 1441;
      iii) Federal court shall transfer to tribal court or dismiss based on forum selection clause and exhaustion requirements;
      iv) Removal costs (filing fees, attorney fees, copying) shall be borne by improperly-filing party;

   b) **TRANSFER TO TRIBAL COURT (from federal court):**
      i) Upon removal to or filing in federal court, Rights Holder shall immediately move to dismiss or abstain based on:
          - Tribal exhaustion requirement (*National Farmers Union*, *Iowa Mutual*)
          - Forum selection clause mandating tribal court as exclusive forum
          - Primary jurisdiction doctrine (tribal court has expertise in tribal law and cultural matters)
          - Comity and respect for tribal self-governance
      ii) Federal court shall stay proceedings pending exhaustion of tribal remedies;

   c) **EXPEDITED MOTION PRACTICE:**
      Rights Holder shall file emergency motions to dismiss, transfer, or remove within 10 days of improper filing to minimize costs and jurisdictional harm. Courts should accord expedited treatment to such motions given federal Indian law's strong preference for tribal jurisdiction;

   d) **ANTI-SUIT INJUNCTION:**
      If party persists in improper forum after removal or transfer motions filed, Rights Holder may seek anti-suit injunction in proper forum (tribal or federal) enjoining continued prosecution in improper forum. Tribal courts have authority to issue anti-suit injunctions protecting their jurisdiction;

**12. VIOLATION DETECTION, INVESTIGATION, AND ENFORCEMENT WORKFLOW**

This Section establishes systematic procedures for detecting, investigating, and enforcing license violations, ensuring thorough and professional handling of all potential infractions while maintaining cost-effectiveness and proportionality.

**12.1 CONTINUOUS MONITORING OBLIGATION**

Per Section 9A.7, the financial institution and designated forensic providers shall:

   a) **Continuous Monitoring:** Deploy automated and manual monitoring systems to detect potential violations across digital platforms, AI systems, commercial products, academic publications, and other contexts where Work may be used;

   b) **Detection Systems:** Maintain and operate detection technologies including:
      i) Forensic watermarking and adversarial watermarking (Section 9A.7(b), (b-1))
      ii) Web scraping and content monitoring tools
      iii) AI model interrogation and membership inference systems
      iv) Dataset poisoning detection
      v) Commercial product/service monitoring
      vi) Patent and trademark watch services
      vii) Social media and academic publication monitoring;

   c) **Third-Party Reporting:** Establish mechanisms for receiving and investigating violation reports from:
      i) Community members
      ii) Licensed users
      iii) Competitors
      iv) General public
      v) Indigenous rights organizations;

   d) **Violation Database:** Maintain centralized database tracking:
      i) All detected potential violations
      ii) Investigation status
      iii) Enforcement actions taken
      iv) Outcomes and damages recovered
      v) Violator recidivism patterns;

**12.2 VIOLATION DETECTION TRIGGERS**

Investigation initiated immediately upon ANY of following triggers:

   a) **Automated Detection:** Monitoring systems detect forensic watermark, AI training signature, or unauthorized use;

   b) **Third-Party Report:** Community member, user, competitor, or public reports suspected violation;

   c) **Public Discovery:** Violation revealed through news article, academic paper, social media, conference presentation, or other public forum;

   d) **Audit Revelation:** Licensing audit (Section 12A) discovers non-compliance;

   e) **Market Intelligence:** Similar products, services, or publications suggest unauthorized TK/TCE use;

   f) **Government Notification:** Law enforcement, regulatory agency, or tribal authority reports potential violation;

**12.3 PRELIMINARY INVESTIGATION (0-14 Days)**

Upon detection trigger, investigators SHALL within 14 calendar days complete preliminary investigation including:

   a) **VERIFY VIOLATION:**
      i) Confirm violation actually occurred (rule out false positives)
      ii) Identify specific license provisions violated
      iii) Determine if violation is one-time or ongoing
      iv) Assess if violation is minor, moderate, severe, or egregious (per classification framework below);

   b) **IDENTIFY VIOLATOR:**
      i) Research violator identity (individual, company, jurisdiction, beneficial owners)
      ii) Determine violator's financial resources and ability to pay damages
      iii) Assess violator's sophistication (inadvertent mistake vs. willful infringement)
      iv) Check database for prior violations by same violator
      v) Identify violator's counsel or legal contacts if known;

   c) **PRESERVE EVIDENCE:**
      i) Take timestamped screenshots and download copies following chain of custody protocols
      ii) Document all dates, times, URLs, file hashes, and access metadata
      iii) Secure digital forensics evidence (AI model queries/responses, dataset samples, source code if accessible)
      iv) Engage expert analysis if technical violation (AI training, software reverse engineering)
      v) Store evidence securely with redundant backups and access logging;

   d) **ASSESS HARM:**
      i) **Cultural Harm:** Does violation involve sacred content, restricted TK/TCE, ceremonial information, or sensitive community data? (See Section 12.5 for cultural harm methodology)
      ii) **Economic Harm:** Commercial exploitation? Lost licensing revenue? Market displacement? Unjust enrichment amount?
      iii) **Scope of Exposure:** How many people exposed? Limited (< 100), Moderate (100-10K), Wide (10K-1M), Mass (> 1M), AI training (billions)?
      iv) **Urgency:** Is harm ongoing? Does emergency action (TRO, asset freeze) need immediate consideration?;

   e) **PRELIMINARY LEGAL ANALYSIS:**
      i) **Jurisdiction:** Where can enforcement action be brought? Tribal court (primary), federal court, international arbitration, foreign court?
      ii) **Applicable Law:** Which legal theories apply? Tribal law, federal Indian law, IACA, CFAA, DTSA, copyright, contract, international?
      iii) **Statute of Limitations:** Has limitations period expired or nearing expiration requiring immediate filing?
      iv) **Potential Defenses:** What defenses might violator assert? Fair use, license ambiguity, jurisdictional challenge, sovereign immunity? How strong are our counter-arguments?
      v) **Forum Selection:** Which forum most favorable considering violator location, evidence location, legal theories, and enforcement needs?;

**12.4 RIGHTS HOLDER NOTIFICATION (Day 15)**

Within 15 calendar days of detection trigger, investigators SHALL provide written notification to Rights Holder (or successor authority per Section 10.2) containing:

   a) **Executive Summary:** One-page synopsis of violation, violator, harm, and recommendation;

   b) **Detailed Report:**
      i) Complete description of violation
      ii) Evidence documentation (exhibits attached)
      iii) Violator profile and background research
      iv) Harm assessment (cultural and economic)
      v) Legal analysis and forum options;

   c) **Enforcement Options with Cost-Benefit Analysis:**
      i) **Option 1 - No Action:** Rationale (de minimis violation, poor cost-benefit, strategic reasons), cost: $0
      ii) **Option 2 - Informal Resolution:** Contact violator, request voluntary cessation, negotiate settlement; estimated cost: $2K-$10K, timeline: 30-60 days
      iii) **Option 3 - Formal Demand:** Cease and desist letter with liquidated damages demand; cost: $5K-$15K, timeline: 30-90 days
      iv) **Option 4 - Litigation:** File lawsuit in tribal/federal court, seek injunction and damages; cost: $50K-$500K+, timeline: 1-3 years
      v) **Option 5 - Criminal Referral:** Report to law enforcement (DOJ, FBI, tribal police) for IACA, CFAA, or other criminal violations; cost: minimal (government prosecutes), timeline: 6 months-2 years;

   d) **Recommendation:** Investigators' professional recommendation with supporting rationale based on:
      i) Cultural significance of violation
      ii) Economic value at stake
      iii) Deterrent and precedential value
      iv) Cost-effectiveness
      v) Available resources and strategic priorities
      vi) Likelihood of successful enforcement;

**12.5 ENFORCEMENT DECISION (Days 16-30)**

Rights Holder (or designated decision-maker per Section 10.7 Financial Oversight Council or 10.2 successor authority) SHALL decide enforcement approach within 15 calendar days of notification:

   a) **Decision Authority:** Rights Holder retains sole discretion over enforcement decisions; financial institution and investigators provide recommendations only;

   b) **Decision Factors:** Rights Holder shall consider:
      i) Cultural significance and spiritual harm
      ii) Community impact and intergenerational effects
      iii) Economic damages and wealth reclamation opportunity
      iv) Deterrent value and precedent-setting potential
      v) Cost-benefit analysis
      vi) Available enforcement resources
      vii) Strategic priorities and other pending enforcement actions;

   c) **Documented Decision:** Rights Holder shall document decision and rationale in writing for future reference and potential litigation use;

**12.6 ENFORCEMENT ACTION PROCEDURES**

Based on Rights Holder's decision, enforcement proceeds according to selected option:

   a) **INFORMAL RESOLUTION (if elected):**
      i) **Initial Contact (Day 31-35):** Send email or certified letter explaining violation, providing license terms, requesting voluntary compliance
      ii) **Negotiation Period (Day 36-60):** Allow 30 days for violator to respond and negotiate; may result in settlement agreement, licensing arrangement, payment plan, or formal litigation if violator refuses cooperation
      iii) **Settlement Documentation:** If informal resolution achieved, document in binding settlement agreement with payment terms, cessation obligations, and release provisions;

   b) **FORMAL DEMAND LETTER (if elected):**
      i) Attorney-drafted cease and desist letter
      ii) Detailed violation description with evidence
      iii) Specific demands (cessation, destruction of materials, payment of liquidated damages per applicable tier)
      iv) Deadline for compliance (typically 14-30 days)
      v) Warning of litigation if non-compliance;

   c) **LITIGATION (if elected):**
      i) Retain qualified counsel (federal Indian law specialist preferred)
      ii) File complaint in appropriate forum (tribal court primary per Section 11)
      iii) Seek preliminary injunction if ongoing harm (per Section 12.7)
      iv) Discovery to obtain evidence from violator
      v) Motion practice, trial, judgment
      vi) Collection/enforcement of judgment;

   d) **CRIMINAL REFERRAL (if applicable):**
      i) Prepare comprehensive referral package for law enforcement
      ii) Submit to appropriate agencies (DOJ Criminal Division, FBI, Indian Arts and Crafts Board, tribal law enforcement)
      iii) Cooperate with investigation and prosecution
      iv) Criminal restitution may be ordered in addition to civil damages;

**12.6A EMERGENCY PROTOCOLS FOR IMMEDIATE THREATS**

For violations posing immediate threat to sacred sites, cultural heritage, or TK/TCE (e.g., ongoing AI training, imminent publication of sacred content, physical site damage):

   a) **Expedited Timeline:** Compress investigation to 0-72 hours; notify Rights Holder immediately; decision within 24 hours;

   b) **Emergency Injunction:** Seek Temporary Restraining Order (TRO) or tribal court emergency order within 24-72 hours of detection (see Section 12.7);

   c) **Asset Preservation:** Request emergency asset freeze to secure potential damages while litigation pending;

   d) **Law Enforcement:** Contact tribal police, FBI, or DOJ immediately if criminal violation;

**12.A 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.

**12.5 CULTURAL HARM DAMAGES METHODOLOGY**

This Section establishes objective, defensible methodology for quantifying cultural harm damages, bridging Indigenous concepts of harm with Western legal requirements for concrete damage calculations.

**a) VIOLATION CLASSIFICATION FRAMEWORK:**

All violations classified into four tiers based on severity, willfulness, and harm:

   **TIER 1 - MINOR VIOLATIONS:**
   - Attribution errors or omissions
   - Technical non-compliance (TK Label missing, notification delay)
   - Inadvertent, limited scope, no commercial exploitation
   - No sacred/restricted content involved
   - Violator responsive to correction
   
   **TIER 2 - MODERATE VIOLATIONS:**
   - Unauthorized commercial use (limited scope)
   - PIC obtained but terms exceeded
   - Community-specific TK disclosed without authorization
   - Modest commercial benefit derived
   - Violator somewhat responsive
   
   **TIER 3 - SEVERE VIOLATIONS:**
   - Substantial commercial exploitation
   - AI training on Work (moderate scale)
   - Sacred/restricted TK disclosed
   - Significant economic and cultural harm
   - Violator unresponsive or defensive
   
   **TIER 4 - EGREGIOUS VIOLATIONS:**
   - Mass-scale commercial appropriation
   - AI training by major tech company
   - Profoundly sacred content desecrated
   - Sacred site physical damage
   - Willful, repeated violations
   - Violator hostile or obstructive

**b) BASE LIQUIDATED DAMAGES BY TIER AND VIOLATOR TYPE:**

   **TIER 1 - MINOR:**
   - Individuals: $1,000
   - Small business (< $10M revenue): $5,000
   - Medium business ($10M-$100M): $10,000
   - Large corporation (> $100M): $25,000
   
   **TIER 2 - MODERATE:**
   - Individuals: $10,000
   - Small business: $50,000
   - Medium business: $100,000
   - Large corporation: $250,000
   
   **TIER 3 - SEVERE:**
   - Individuals: $50,000
   - Small business: $100,000
   - Medium business: $500,000
   - Large corporation: $1,000,000
   
   **TIER 4 - EGREGIOUS:**
   - Individuals: $100,000+
   - Small business: $250,000+
   - Medium business: $1,000,000+
   - Large corporation: $5,000,000+

**c) CULTURAL SIGNIFICANCE MULTIPLIER:**

Cultural harm damages calculated by applying Cultural Significance Multiplier to Base Liquidated Damages:

   **Level 1 - General TK:** 1.0x (no multiplier)
   - Educational materials
   - Historical information
   - Non-restricted knowledge
   - Public domain equivalent
   
   **Level 2 - Community-Specific TK:** 2.0x multiplier
   - Clan-specific knowledge
   - Family histories
   - Ceremonial protocols (non-sacred)
   - Traditional medicines
   - Seasonal practices
   
   **Level 3 - Sacred/Restricted TK:** 5.0x multiplier
   - Midewiwin teachings (if disclosed without authorization)
   - Sacred site locations, GPS coordinates, or detailed descriptions
   - Ceremonial songs, prayers, or rituals
   - Burial ground information
   - Items subject to cultural restrictions
   
   **Level 4 - Profoundly Sacred:** 10.0x multiplier
   - Items never meant to be shared outside community
   - Violation causes spiritual harm to entire community
   - Desecration of sacred objects or sites
   - Community consensus on profound violation
   - Requires ceremonial healing/restoration

**d) ADDITIONAL CULTURAL HARM FACTORS (Cumulative Multipliers):**

After applying Cultural Significance Multiplier, further adjust based on:

   i) **SCOPE OF EXPOSURE:**
      - Limited exposure (< 100 people): 1.0x
      - Moderate exposure (100-10,000): 1.5x
      - Wide exposure (10,000-1,000,000): 2.0x
      - Mass exposure (> 1M, AI training, viral distribution): 3.0x
   
   ii) **INTERGENERATIONAL IMPACT:**
      - Affects current generation only: 1.0x
      - Affects future 1-2 generations (children/grandchildren): 1.5x
      - Affects future 3+ generations (permanent record, AI training): 2.0x
   
   iii) **SPIRITUAL/CEREMONIAL DISRUPTION:**
      - No disruption to practices: 1.0x
      - Minor disruption (embarrassment, explanations needed): 1.5x
      - Substantial disruption (protocol changes, additional restrictions): 2.5x
      - Ceremonies must be relocated, modified, or suspended: 5.0x
   
   iv) **LANGUAGE/KNOWLEDGE LOSS RISK:**
      - No loss risk: 1.0x
      - Misrepresentation may confuse learners: 1.5x
      - Appropriation discourages traditional transmission: 2.0x
      - Critical knowledge endangered or transmission pathway severed: 3.0x

**e) CULTURAL HARM CALCULATION FORMULA:**

**Total Cultural Harm Damages = Base Liquidated Damages × Cultural Significance Multiplier × Scope × Intergenerational × Spiritual × Knowledge Loss**

**EXAMPLE CALCULATION:**
- Large corporation (Tier 2 Moderate violation): Base = $250,000
- Sacred site GPS data disclosed (Level 3): 5.0x
- Wide exposure via AI training dataset: 2.0x
- Affects future 3+ generations (permanent in AI): 2.0x
- Ceremony relocation required: 5.0x
- Critical knowledge transmission endangered: 3.0x

**Total = $250,000 × 5.0 × 2.0 × 2.0 × 5.0 × 3.0 = $75,000,000**

**f) CULTURAL EXPERT ASSESSMENT REQUIREMENT:**

Cultural harm determination requires assessment by:

   i) **Grand Traverse Band THPO (Tribal Historic Preservation Office):** Official tribal assessment of cultural significance and community impact;
   
   ii) **Cultural Expert Testimony:** Qualified cultural anthropologist, Indigenous studies scholar, or traditional knowledge holder with expertise in Anishinaabe culture and federal Indian law;
   
   iii) **Community Impact Statements:** Written or oral statements from community members affected by violation;
   
   iv) **Elder Consultation:** Where appropriate and available, consultation with cultural elders regarding traditional protocols violated;
   
   v) **Midewiwin Advisor Input:** For violations involving ceremonial knowledge, optional consultation with Midewiwin society members (per Section 10.10.3(c)) if available and appropriate;

Expert report must address each multiplier factor with supporting rationale, cultural context, and explanation of harm to non-Indigenous decision-makers (judge, jury, arbitrator).

**g) ECONOMIC DAMAGES (Separate from Cultural Harm):**

In addition to cultural harm damages calculated above, economic damages include:

   i) **ACTUAL DAMAGES:**
      - Lost licensing revenue (fair market value Rights Holder would have charged)
      - Market value diminution (Work less valuable if widely appropriated)
      - Investigation and forensic costs (actual expenses)
      - Attorney fees and expert witness fees (Section 11.6)
   
   ii) **UNJUST ENRICHMENT / DISGORGEMENT:**
      - Violator's profits directly from unauthorized use
      - Revenue attributable to Work
      - Burden on violator to prove costs and non-attributable profits
      - Conservative estimation favors Rights Holder
   
   iii) **BENEFIT-SHARING RETROACTIVE CALCULATION:**
      - For commercial violations, apply Section 6A benefit-sharing rates (30-45% of revenue)
      - Calculated retroactively from first unauthorized use
      - Ongoing prospectively until use ceases
      - Interest on unpaid amounts at tribal law default rate (or 10% per annum)

**h) WILLFULNESS ENHANCEMENT:**

For willful violations (violator knew or should have known of license terms and violated intentionally):

   i) **Double all calculated damages** (base + cultural + economic)
   ii) **Punitive damages** up to 3x doubled amount (subject to constitutional limits per *BMW v. Gore*, *State Farm v. Campbell*)
   iii) **Mandatory attorney fees** with no discretion to deny
   iv) **Criminal referral** for IACA, CFAA, DTSA, or other violations

Willfulness shown by: actual notice of license, continued use after cease and desist, attempts to hide violation, destruction of evidence, sophisticated violator in IP-intensive industry.

**i) MITIGATION CREDIT (up to 50% reduction):**

Damages may be reduced for:
   i) Immediate cessation upon notice
   ii) Full cooperation in investigation
   iii) Voluntary disclosure before detection
   iv) Genuine remorse and cultural education commitment
   v) Payment of restitution before litigation
   vi) Agreement to public acknowledgment and apology
   vii) First-time violation by unsophisticated violator

**j) ONGOING VIOLATION DAILY PENALTIES:**

For continuing violations after notice:
   - **Tier 1-2:** $1,000/day
   - **Tier 3:** $10,000/day
   - **Tier 4:** $50,000/day
   - Plus contempt sanctions if court/tribal order violated

**k) MAXIMUM DAMAGE CAPS (Constitutional Reasonableness):**

To ensure enforceability and avoid "penalty" characterization:

   i) Total compensatory damages (base + cultural + economic, excluding punitive) capped at greater of:
      - 10x violator's gross revenue from relevant activity, OR
      - $100,000,000
   
   ii) Punitive damages subject to due process limits:
      - Single-digit ratio to compensatory (typically ≤ 9:1)
      - Considering reprehensibility, harm/award disparity, comparable penalties
   
   iii) Courts retain discretion to reduce excessive awards while respecting cultural harm valuation methodology

**12.7 INJUNCTIVE RELIEF STANDARDS, PROCEDURES, AND ARGUMENTS**

This Section provides comprehensive framework for seeking injunctive relief to prevent ongoing or imminent violations, with legal arguments tailored to Indigenous intellectual property context.

**a) TYPES OF INJUNCTIVE RELIEF:**

   i) **TEMPORARY RESTRAINING ORDER (TRO):** Emergency order (ex parte if necessary) preventing violation for 14 days pending preliminary injunction hearing
   
   ii) **PRELIMINARY INJUNCTION:** Order maintaining status quo during litigation (until trial/final judgment)
   
   iii) **PERMANENT INJUNCTION:** Final order after trial prohibiting future violations permanently
   
   iv) **MANDATORY INJUNCTION:** Order requiring affirmative action (destroy AI models, remove content, publish correction)

**b) PRELIMINARY INJUNCTION LEGAL STANDARD (Federal & Tribal Courts):**

Per *Winter v. Natural Resources Defense Council*, 555 U.S. 7 (2008), plaintiff must show:

   1. **Likelihood of success on merits**
   2. **Irreparable harm** absent injunction
   3. **Balance of equities** favors plaintiff
   4. **Public interest** supports injunction

Alternative standard: Serious questions on merits + hardship balance tips sharply toward plaintiff (*Alliance for Wild Rockies v. Cottrell*, 632 F.3d 1127 (9th Cir. 2011))

**c) IRREPARABLE HARM ARGUMENTS FOR INDIGENOUS IP:**

Cultural harm and Indigenous IP violations constitute irreparable harm because:

   i) **Not Adequately Compensable by Money:**
      - Spiritual harm to community transcends monetary value
      - Cultural integrity and transmission cannot be repaired with damages
      - Sacred site desecration cannot be undone
      - AI training creates permanent dataset contamination
      - Once TK disclosed publicly, privacy permanently lost
   
   ii) **Analogous Precedents:**
      - Trade secret disclosure: irreparable (*Religious Tech. Ctr. v. Netcom On-Line Comm. Servs.*, 923 F. Supp. 1231 (N.D. Cal. 1995))
      - Copyright infringement (continuing): often irreparable (*Apple Inc. v. Psystar Corp.*, 658 F.3d 1150 (9th Cir. 2011))
      - Cultural heritage destruction: irreparable (*Navajo Nation v. U.S. Forest Service*, 535 F.3d 1058 (9th Cir. 2008))
   
   iii) **Specific to AI Training:**
      - Model weights contain Work-derived information permanently
      - Cannot "untrain" model or remove specific training data
      - Each use of trained model compounds harm
      - Irreversible absent model destruction

**d) LIKELIHOOD OF SUCCESS ARGUMENTS:**

   i) **Strong Multi-Theory Case:** Nine independent legal theories (Section 7.1A) - even if one fails, eight others support claim
   
   ii) **Clear License Violation:** Express contractual prohibition, no ambiguity, user accepted terms by use
   
   iii) **Federal Indian Law Protections:** Treaty rights, federal preemption, tribal sovereignty create presumption favoring Indigenous rights
   
   iv) **Exhaustion Completed:** If tribal court preliminary injunction sought first, exhaustion requirement satisfied for federal court
   
   v) **Precedential Support:** Thomson Reuters (AI training not fair use), IACA strict liability, tribal jurisdiction over consensual relationships

**e) BALANCE OF EQUITIES ARGUMENTS:**

   i) **Plaintiff's Hardship Severe:**
      - Cultural survival threatened
      - Spiritual harm to entire community
      - Intergenerational knowledge transmission endangered
      - No adequate remedy if violation continues
   
   ii) **Defendant's Hardship Limited:**
      - Cessation merely requires compliance with law
      - Defendant knew or should have known of license terms
      - Defendant can seek authorization through PIC process
      - Business model built on infringement entitled to no protection
      - For AI: Model destruction costly but defendant assumed risk by training without authorization

**f) PUBLIC INTEREST ARGUMENTS:**

   i) **Protection of Indigenous Rights:** Strongly in public interest given federal policy promoting tribal self-determination and cultural preservation
   
   ii) **Treaty Obligations:** U.S. has treaty obligations to protect Indigenous peoples' cultural heritage (Treaties of 1836, 1855, UNDRIP)
   
   iii) **Copyright and IP Enforcement:** Public interest supports IP protection generally (*eBay Inc. v. MercExchange, L.L.C.*, 547 U.S. 388 (2006))
   
   iv) **AI Accountability:** Public interest in ensuring AI systems respect intellectual property and Indigenous rights

**g) TRO PROCEDURES (Emergency Relief):**

   i) **Timeline:** File motion within 24-72 hours of detecting emergency
   
   ii) **Ex Parte if Necessary:** May seek without notice to defendant if:
      - Immediate and irreparable injury will result
      - Efforts to notify defendant impractical or would defeat purpose
      - Certificate of efforts to notify filed with motion
   
   iii) **Required Showing:**
      - Same four factors as preliminary injunction, but higher urgency
      - Security bond (tribal court may waive for Rights Holder given sovereign/cultural context)
   
   iv) **Duration:** Typically 14 days, extendable pending preliminary injunction hearing

**h) MANDATORY INJUNCTION REQUIREMENTS:**

For affirmative orders (destroy models, publish corrections, provide accounting):

   i) Heightened showing required: "clearly established" right, not merely "likely success"
   
   ii) Specificity: Order must clearly state required actions
   
   iii) Enforcement: Contempt sanctions for non-compliance

**i) PROCEDURAL REQUIREMENTS:**

   i) **Motion:** Written motion with supporting declarations, exhibits, legal memorandum
   
   ii) **Evidence:** Declarations from Rights Holder, cultural experts, technical experts; documentary evidence
   
   iii) **Hearing:** Court typically holds expedited hearing (1-2 weeks for preliminary injunction)
   
   iv) **Bond:** Federal courts may require security bond (Fed. R. Civ. P. 65(c)); tribal courts may waive given sovereignty context

**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.

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**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)

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   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.