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Wednesday, 07 September 2016 08:45
A new report from uOttawa’s Canadian Internet Policy and Public Interest Clinic (CIPPIC) prepared in collaboration with Carleton’s Geomatics and Cartographic Research Centre (GCRC) proposes a strategy for protecting traditional knowledge that is shared in the digital and online context. The report proposes the use of template licences that will allow Indigenous communities to set the parameters for information sharing consistent with cultural norms..
Traditional knowledge – defined by the World Intellectual Property Organization as “the intellectual and intangible cultural heritage, practices and knowledge systems of traditional communities, including indigenous and local communities” – is poorly protected by contemporary intellectual property (IP) regimes. At the root of the failed protection is the reality that Western IP systems were designed according to a particular vision of creativity and innovation rooted in the rise of the industrial revolution. It is a product of a particular social, economic and ideological environment and does not necessarily transplant well to other contexts.
The challenge of protecting indigenous cultural objects, practices and traditional knowledge has received considerable attention – at least on the international stage – as it is a problem that has been exacerbated by globalization. There are countless instances where multinational corporations have used traditional knowledge or cultural heritage to their profit – and without obvious benefit to the source communities. Internationally, the Nagoya Protocol on Access and Benefit Sharing seeks to provide a framework for the appropriate sharing of traditional knowledge regarding plant and genetic resources. Innovative projects such as Mukurtu provide a licensing framework for Indigenous digital cultural heritage. What CIPPIC’s report tackles is a related but distinct issue: how can Indigenous communities share traditional knowledge about themselves or their communities while still maintaining a measure of control that is consistent with their cultural norms regarding that information?
For years now, the GCRC has worked with Indigenous communities in Canada to provide digital infrastructure for cybercartographic atlases that tell stories about those communities and their land. These multimedia atlases offer rich, interactive experiences. For example, the Inuit Siku (Sea Ice) Atlas documents Inuit knowledge of sea ice. The Lake Huron Treaty Atlas is a complex multimedia web of knowledge that is still evolving. These atlases are built upon an open platform developed by the GCRC and that can be adapted by interested communities.
The GCRC sought out the assistance of CIPPIC to explore the possibility of creating a licensing framework that could assist Indigenous communities in setting parameters for the sharing and reuse of their traditional knowledge in these contexts. The idea was to reduce the burden of information management for those sharing information and for those seeking to use it through a series of template licences that can be adapted by communities to suit particular categories of knowledge and contexts of sharing. This is a complex task, and there remains much work to be done, but what CIPPIC proposes offers a glimpse into what might be possible.
Published in Geospatial Data/Digital Cartography
Monday, 08 April 2013 14:30
Years ago I visited what was then Czechoslovakia shortly after the collapse of communism in Eastern Europe. I remember commenting to a local on the difficulty of navigating the city with the available map. He laughed and remarked that the mapping policy of the government had been that if you were supposed to be somewhere, you knew how to get there. If you didn’t know how to get there, you weren’t supposed to be there. According to him, the official state maps implemented this policy. It was an interesting lesson in mapping as a method of social control.
Last week, a story in the Times of India announced that police in India had launched an investigation of Google for a mapathon it organized. The mapathon essentially invited Indians to contribute geographic information to the Google Earth platform with a view to creating richer and better maps of India. The company offered a variety of prizes and incentives to encourage participation.
The official Indian mapping agency, the Survey of India filed the complaint with the police, apparently alleging that the mapathon was both illegal and a threat to national security.
The case is an interesting one. It is certainly true that many states that are vulnerable to terrorism, seek to control public information about certain locations, facilities and installations as a security measure. Certainly, given recent events, no one would argue that the Indian government’s concerns about terrorism are exaggerated. At the same time, in our digital, interactive world, ordinary citizens walk around with powerful computing, recording and communication devices in their purses and pockets. All manner of easily accessible apps and tools exist to create vast repositories of multimedia information about just about anything. In this context, it seems rather futile to resist participatory mapping projects on security grounds. After all, if ordinary citizens can gather and share sensitive geographical data using their mobile phones, so can terrorists. A major company like Google may well be receptive to genuine security concerns over particular data added to their collaborative maps, and might be persuaded to modify, blur or generalize certain entries.
Perhaps the bigger concern in this context is not so much security, as it is the shifting of control over mapmaking from a national mapping organization to a multinational corporation with its headquarters in another country. For countries with a history of oppressive colonization, this may seem like a threatening development. The Survey of India describes its mission in nationalistic terms: “Survey of India bears a special responsibility to ensure that the country's domain is explored and mapped suitably, provide base maps for expeditious and integrated development and ensure that all resources contribute with their full measure to the progress, prosperity and security of our country now and for generations to come.” Maps have always been powerful political and social tools, and there is nothing neutral about how many states have chosen to represent geographic information. The loss of control over one’s national maps to an outside entity may well be experienced as a loss of sovereignty.
But of course, sovereignty, in this context also involves the imposition of one story over alternative narratives. Digital technologies and a globalized society open the doors to competing accounts of our physical, social and political spaces – and such accounts are increasingly difficult to control. This conflict between Google and the Survey of India is almost certainly about more than national security, and the outcome of any police investigation may do little to tell us who the winners or losers will ultimately be.
Published in Geospatial Data/Digital Cartography
Canadian Trademark Law
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Electronic Commerce and Internet Law in Canada, 2nd Edition
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