Tradigital knowledge? Indigenous video games, intellectual property law and the protection of traditional knowledge

Using intellectual property law and video games made by, for, and with Indigenous communities, this thesis examines the challenges and opportunities for the protection of Indigenous traditional knowledges in digital spaces. Existing scholarship addresses the inability the various categories of intel...

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Main Author: Hughes, G
Other Authors: Gosden, C
Format: Thesis
Language:English
Published: 2022
Subjects:
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author Hughes, G
author2 Gosden, C
author_facet Gosden, C
Hughes, G
author_sort Hughes, G
collection OXFORD
description Using intellectual property law and video games made by, for, and with Indigenous communities, this thesis examines the challenges and opportunities for the protection of Indigenous traditional knowledges in digital spaces. Existing scholarship addresses the inability the various categories of intellectual property (IP) law (particularly copyright) as they currently exist, to provide adequate protection for Indigenous traditional knowledges. Digital media poses a similar challenge to IP law. These two categories of “challenges”—sometimes dichotomized as the ‘very old’ and the ‘very new’—are often discussed in opposition to one another, the former associated with demands for increased protections and limited access, the latter with demands for increased access to information and diminished IP protection This dichotomy of ‘old’ and ‘new’ is likely based on an assumed incompatibility between Indigenous traditional knowledge and technological innovation. By situating Indigenous video games and the traditional knowledges they hold within an historical context of continual development and (ex)change, this thesis demonstrates that change and innovation do not contradict tradition as the discourse often suggests. The video games presented in this thesis emerge from traditional, local, and historical contexts, and demonstrate the ways in which forms of traditional knowledge such as storytelling, mythology, song and language, exist digitally. Through the lens of Indigenously determined game design, this research argues for the validity of what I have termed ‘tradigital’ knowledges — that is, the traditional knowledge in and of digital environments. It suggests that meaningful protection extends beyond the bounds of Western law and must include the support of intergenerational knowledge-exchange, skill-sharing and capacity-building which ensure the continued relevance, responsiveness and resilience of traditional knowledges.
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spelling oxford-uuid:7682a307-9312-4980-ab5a-20bdcb794eeb2022-09-13T13:46:53ZTradigital knowledge? Indigenous video games, intellectual property law and the protection of traditional knowledgeThesishttp://purl.org/coar/resource_type/c_db06uuid:7682a307-9312-4980-ab5a-20bdcb794eebEducational innovationsDisruptive technologiesArchaeologyVideo gamesIntellectual propertyIndigenous peoples and mass mediaDigital mediaEnglishHyrax Deposit2022Hughes, GGosden, CSchulting, RDutfield, GUsing intellectual property law and video games made by, for, and with Indigenous communities, this thesis examines the challenges and opportunities for the protection of Indigenous traditional knowledges in digital spaces. Existing scholarship addresses the inability the various categories of intellectual property (IP) law (particularly copyright) as they currently exist, to provide adequate protection for Indigenous traditional knowledges. Digital media poses a similar challenge to IP law. These two categories of “challenges”—sometimes dichotomized as the ‘very old’ and the ‘very new’—are often discussed in opposition to one another, the former associated with demands for increased protections and limited access, the latter with demands for increased access to information and diminished IP protection This dichotomy of ‘old’ and ‘new’ is likely based on an assumed incompatibility between Indigenous traditional knowledge and technological innovation. By situating Indigenous video games and the traditional knowledges they hold within an historical context of continual development and (ex)change, this thesis demonstrates that change and innovation do not contradict tradition as the discourse often suggests. The video games presented in this thesis emerge from traditional, local, and historical contexts, and demonstrate the ways in which forms of traditional knowledge such as storytelling, mythology, song and language, exist digitally. Through the lens of Indigenously determined game design, this research argues for the validity of what I have termed ‘tradigital’ knowledges — that is, the traditional knowledge in and of digital environments. It suggests that meaningful protection extends beyond the bounds of Western law and must include the support of intergenerational knowledge-exchange, skill-sharing and capacity-building which ensure the continued relevance, responsiveness and resilience of traditional knowledges.
spellingShingle Educational innovations
Disruptive technologies
Archaeology
Video games
Intellectual property
Indigenous peoples and mass media
Digital media
Hughes, G
Tradigital knowledge? Indigenous video games, intellectual property law and the protection of traditional knowledge
title Tradigital knowledge? Indigenous video games, intellectual property law and the protection of traditional knowledge
title_full Tradigital knowledge? Indigenous video games, intellectual property law and the protection of traditional knowledge
title_fullStr Tradigital knowledge? Indigenous video games, intellectual property law and the protection of traditional knowledge
title_full_unstemmed Tradigital knowledge? Indigenous video games, intellectual property law and the protection of traditional knowledge
title_short Tradigital knowledge? Indigenous video games, intellectual property law and the protection of traditional knowledge
title_sort tradigital knowledge indigenous video games intellectual property law and the protection of traditional knowledge
topic Educational innovations
Disruptive technologies
Archaeology
Video games
Intellectual property
Indigenous peoples and mass media
Digital media
work_keys_str_mv AT hughesg tradigitalknowledgeindigenousvideogamesintellectualpropertylawandtheprotectionoftraditionalknowledge