Cross-cultural-partnership-Banff

Notes from July 27 discussion.

Often, researchers are asked to sign contracts -- is the partnership a better deal for the researcher?

Partnership applies as between the parties. It doesn't substitute for licensing of the output. e.g., community-produced software

Viral partnership? Can we make this self-extending like GPL? Would it make sense to say that to get access to the software, you needed to join the partnership?

Indigenous communities are using their own lawyers to claim rights, too.

Questions for the template: Term/termination: How far does this reach into your future work? Authority. What are all the layers? Who are the other people who might be involved?

Relationships. Need to build the relationship before you can put it into a legal document. Understanding other's interests. Can the template guide us through the articulation and building of those relationships? Can the law help support relationships? Building integrity into the relationship. It's not about the document, but about the relationship around it.

How are we not re-creating the treaties that have failed? How do we avoid making it look too much like those, dictated from one side? How can we make this a true joint creation? Start discussion with the relationship.

Establishing a reputation for trust. Whuffie. Work with Elders' differing cultural protocols. "Under what authority are you coming here?"

Rather than (only) bringing this document to the Elders, explain it, build on pre-established trust. Consider ethical standards for researchers.

Can we engage trusted others to hold the template, as a clearinghouse? Not if it's just a bureaucracy, perhaps if it's a trusted party.

Preparation. Help the potential partners to build the relationship. The document does not supplant these preparations. Explain this further in the preamble?

Bringing Longhouse law into the dealings. Start the framework from the understanding that it will be adjudicated in a longhouse council. Un-stack the deck by going to tribal courts. Would it take expanding the jurisdiction of the tribal courts? Could they be chosen as an arbitration-like forum?

Imagine using this in a work environment. Or with government funders. Easier to imagine taking it in that direction than to an elder.

Experience: most effective collaborations were with friends. This document might help to bring out the implicit agendas in other kinds of relationships, avert latent conflicts later. How do we make it easier to open the discussion?

Without a process, someone can give away information without meaning to, or knowing all the places it may be used.

Elders might welcome this as a source of trust.