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indigenous-oss-license's Introduction

Indigenous Open Source Software License

Intro

The purpose of this project is to develop a license that is representative of the cultural practices and world view of indigenous peoples working in technology and who need a license to protect the work they do for their communities while still engaging with others outside of their community.

If you have ever spent time in Indian Country, you would know that cultural practices and traditions are shared amongst indigenous peoples. The Native American Church, which originated in Oklahoma, is now practiced amongst many Nations throughout America. The sharing of these teachings is not uncommon and demonstrates the willingness indigenous peoples have for teaching when someone is willing to listen and to carry on the ways in a respectful and disciplined manner.

How does this translate to a license? How can indigenous perspectives and beliefs be brought into this sphere? Open source is an interesting field since it reflects values that already exist in indigenous communities. For one, the belief that there is no individual ownership. One of the main tenets of OSS is the freedom to do anything one pleases with the software they obtain through an OSS license. You will see wording like, "permission is hereby granted, free of charge, to any person obtaining a copy of this software." This is mirrored in the indigenous practice of communal ownership.

Beyond just the principles there is also language. Using "lawyer speak" is not common whether amongst indigenous or non-indigenous peoples. The semantics that is used should be easy to understand in any context and shouldn't need a lawyer to help interpret. We aren't trying to trick anyone but instead speak from the heart. However, we do understand the implications of such a license and we will want it to hold up in a court of law. In some way, we will need to find a balance there.

These are just a few of the ideas that will influence the direction of the project. There is a need for this in indigenous communities as more of us become part of the tech community. However, we should be at the forefront of making this space our own, indicative of our values, and adhered to respectfully from outsiders. We are building amazing technologies for our communities but we want them to also be carried on in the right way. Now, we just have to figure out what that means.

Usage

The license that the community comes up with can be used in place of other popular open-source licenses such as MIT, Apache, Mozilla, and others. You will use it by adding a LICENSE file in the root of your project directory and adding the LICENSE in this repository to it.

Status

This project is maintained by Natives in Tech. You can reach out to the project team through email at [email protected], or you can submit an issue and tag one of the team members in it.

Contributing

All persons can contribute to the project. The way you can contribute is by forking this project and opening up a pull request that makes changes to the LICENSE. The changes will be reviewed by the Native in Tech team and after discussion, if the changes are in line with the vision, it will be merged into the source code.

Code of Conduct

See CODE_OF_CONDUCT.md for more information on how to engage with the community.

License

Until we have reached satisfaction with our LICENSE, we will be using the MIT license in the interim.

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indigenous-oss-license's Issues

Ideas for an indigenous oss license

I want to propose some ideas for what an indigenous oss license could be, one that protects indigenous IP while also adhering to indigenous practices of ownership and responsibility of the technology to future Native technologists interested in adding to or tweaking the technology for their use case.

Declare who conferred onto you the ability to read/write/update/delete the technology

As indigenous peoples, we acknowledge, as well as honor, from where our teachings come from, the same can be done for technology. It may be that the work is taken at the request of a particular community, as opposed to a repo author, or it may be that the work is original and so doesn't have maybe an acknowledgment to any entity in particular. So a clause to declare such a reference is the responsibility of the author.

Declare who you want to confer read/write/update/delete of the technology onto

As much as we want to acknowledge where the technology came from, we also want to declare how we intend to pass the technology onto. It may be a specific person, or organizational entity, or community, or nobody at all. Again, it is up to the author to decide. However, if there is someone who can obtain particular rights themselves to carry the work onward, then we develop a kind of lineage, or genealogy or sorts, that demonstrates the historical arc of the technology and how it came to be in the hands of the current user and what rights they have to read/write/update/delete parts of the technology. This takes us to our next point.

Commercial vs Non-commercial

This is already a big topic and throwing in commercial law just continues to add more to it. But it is important to declare how the technology can be used and within what contexts it can be used, whether for commerce or not. Some things may be fine in the commercial space while others are not. Again, it will be critical for the author to make a decision on this.

Create a specification for the license

It's one thing to have a readme license, it's quite another to have a license specification, maybe in JSON format, that outlines the way in which these licenses are written. Given a specification, it opens the door to opportunities to creating trees demonstrating the way in which the technology has been adopted and passed down or how the technology has become an artifact for future uses, or make it more easily queryable through an API. Maybe the license requires a blockchain id that shows how the contract for the usage of the information was solidified in the blockchain ledger or an IPFS URL that directs to an HTML document or PDF image that shows signatures of the license agreement. As long as the specification version is declared then it makes it much easier for data about the software to be tracked and queried and from there more technology can be created around the license for different purposes.

Ultimate Goal

The ultimate goal is to create a license that serves indigenous peoples and that comes from an indigenous perspective. More throwing around of ideas is needed but I am curious to hear ideas from others in the community that are also thinking about these ideas.

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