2023/06/29

From Global North to South and back: A research visit to the Indigenous Community in South Australia

Authors: Amna Qureshi (Doctoral Researcher), Inker-Anni Linkola-Aikio (PhD, Senior Researcher) and Dino Girardi (Doctoral Researcher)

Research Group from the Faculty of Law involved: Law, Technology and Design Thinking

In this blog post, we will be discussing the recent visit of three researchers from the University of Lapland, representing faculties - Law, Education, and Art and Design. We, who write this blog, are researchers collaborating on the TRUST project, which stands for "PromoTing Sustainable PRactices for Digitalizing IndigenoUS CulTural Heritage - Global North and South Juxtaposed," (https://research.ulapland.fi/en/projects/promoting-sustainable-practices-for-digitalizing-indigenous-cultu).

The TRUST project is an interdisciplinary collaborative project led by Principal Investigators Rosa Ballardini (Faculty of Law), Pigga Keskitalo (Faculty of Education), and Melanie Sarantou (Faculty of Art and Design). Additionally, Iiris Tuominen (Faculty of Law), Dino Girardi (Faculty of Law), Inker-Anni Linkola-Aikio (Faculty of Education), and Amna Qureshi (Faculty of Art and Design) are the Collaborative Investigators in this project. In February 2023, we three visited an Arts Centre in Ceduna, South Australia, where a workshop was held with the local Indigenous artist community. It is important to note that Ceduna is a remote regional town situated on the west coast of the Eyre Peninsula in South Australia. While the Ceduna Aboriginal Corporation (CAC) successfully manages various programs in Ceduna, including Arts Ceduna.

Researchers from the University of Lapland visiting Arts Ceduna, South Australia (2023). Dino Girardi (left), Inker-Anni Linkola-Aikio (middle) and Amna Qureshi (right).

We were invited by the CAC to interact with the Indigenous community at the Arts Centre, and the management board endorsed the initiative.  Our team benefited from a shared connection, Melanie Sarantou, who previously worked with the University of Lapland and now worked as a coordinator for the Arts Ceduna. This allowed us to effectively work with the community. Having this connection helped us build a bridge to the local artist community and pave the way for the project scope to move forward. Our research group had a non-indigenous background. None of us knew the local Indigenous languages, but the community was multilingual yet fluent in English. Naturally, our research group used English in communication among ourselves as well as with the local artists.

Before the travel, we were informed of the warm weather conditions and the local community of artists that we were scheduled to meet, along with practical guidelines to keep in mind during our stay. Yet, despite how prepared we thought we were, it was impossible to be prepared for the physical conditions that the long flights, total change of climate and jet lag caused. Prior to the arrival, we reached out to the Arts Center via email and Microsoft Teams to ensure their requirements and hopes.

After the arrival, and before the workshop, the Indigenous artists and arts workers graciously invited us to a meet-and-greet activity on their land. The activity involved fishing and crabbing together at Alexander's Beach in Ceduna, creating an opportunity for everyone to bond and enjoy the natural surroundings. Perhaps that was the time when we all came to the realization that we were no longer so tired of travelling and had finally connected with the local community in a genuine way.

Meet and greet activity with the Indigenous artist community from Arts Ceduna at Alexander’s Beach in Ceduna, South Australia (2023)

During our visit to the Arts Centre, the art coordinators and the artist community were excited to share their Indigenous arts and crafts collection with us. The Arts Centre itself was very well managed with lots of work opportunities for local artists. The artists who won prizes and mastered their craft also eagerly explained the narratives that laid the foundations for their artworks. We were told that these stories are passed from generation to generation as a part of the traditional knowledge. While the use of these stories is maintained by the inner community, determining who is permitted to use them.

According to the principles of Indigenous research, even an external researcher should know the local culture and language, and work according to the objectives and wishes of the community (WINHEC, 2010). Considerations should be given to the relational accountability as well as the benefits of the research to the local community especially when non-indigenous researchers are doing research that involves Indigenous people (Francett-Hermes & Pennanen, 2019).

Visiting an Indigenous art place is a truly special and unique experience. It not only lets you discover the traditional arts and crafts of the local community but also provides a chance to gain a deeper understanding of their culture and history. By connecting the dots between seemingly unrelated events and symbols, we were able to extract the hidden stories and create a powerful narrative. We were not familiar with this sort of Indigenous cultural heritage in person and had done relatively little research on Aboriginal art before we arrived at the Arts Centre, Ceduna.

Through a two-way learning process, we gained knowledge about their Indigenous artistic ways and community regulations, and in return, we helped them gain a better understanding of their intellectual property rights, specifically their Indigenous Cultural and Intellectual Property rights (ICIP). As we conversed during the workshop, we delved into the sensitivities and ethical considerations surrounding capturing and sharing up-close photographs of their artworks on the Internet.

It is common for people to snap a photo and share it, while falsely claiming it as their own creation. It has become a common practice for corporations to mass-produce and sell artwork created by local artists without giving them due credit or compensation. This trend not only robs the artists of their rightful earnings but also takes away from the unique styles and techniques that make their work special. The background of such fears and concerns was addressed during conversations with the local artists.

Workshop held at Arts Ceduna, South Australia (2023)

Additionally, this was further elaborated in a community information seminar that was conducted towards the end of our research visit where we together with the local experts discussed the significance of documenting the artistic process, open data, fake art and archiving. The seminar also shed light on the law that can protect the Indigenous artistic identity.

The seminar was a success despite facing unexpected technical challenges, uninvited crawlies, and extremely hot weather with temperatures reaching up to 46 degrees Celsius. There were a large number of attendees who participated actively, and the community responded positively. It is worth mentioning that the food served at the seminar organized by the Arts Ceduna host was exceptionally delicious. It featured local Indigenous ingredients like plants and kangaroo meat.  

To summarize, the research experience was quite unique, but the harsh weather conditions took a toll on the physical conditions, making it mentally challenging to conduct field research. A crucial lesson to learn is that even with ample preparation, unforeseen obstacles are inevitable. During our journey to Ceduna, the TRUST team members from Finland were a constant source of support. We conducted meetings almost every day on Teams to analyze our daily findings, share ideas, resolve issues and set objectives collaboratively.

Seminar held at Far West Sporting Complex, Ceduna, South Australia (2023). Keynote speaker and local expert, Michael Colbung

In conclusion, through the TRUST project, we aimed to reach out to the Indigenous community and assist them in comprehending how to promote their art through digital means while complying with legal regulations. By engaging with individuals on a personal level through the workshop and providing awareness during the seminar, they were able to comprehend their rights regarding their Indigenous artwork.

Our learning experience was collaborative and beneficial for both parties involved, as we both gained valuable knowledge. In the future, we strive to maintain an ongoing partnership and open communication with them in order to safeguard their ICIP rights. The findings of this research journey, along with those of the TRUST initiative, will be included in an upcoming collection of works.

Acknowledgements

The TRUST project received strategic funding from the University of Lapland. The ethics committee of the University of Lapland approved the research, which followed the ethical outlines of the Finnish National Board on Research Integrity (TENK). We would like to express our gratitude to the local Indigenous artists who made this workshop possible, as well as the local experts who made the seminar so worthwhile. Additionally, we are grateful to SA Australia for funding the workshop and seminar for Arts Ceduna.

References

Francett-Hermes, M., & Pennanen, H. (2019) Relational ethics in Indigenous research – A reflexive navigation of whiteness and ally positionality. Dutkansearvvi dieđalaš áigečála 3(2): 125-148.

WINHEC (2010) World Indigenous Nations Higher Education Consortium. Research Standards. WINHEC Research and Journal Working Group. (First Edition adopted August 26, 2010).


2023/06/13

Apple Vision Pro: Here’s How Spatial Computing Could Benefit Intellectual Property

Author: Artha Dermawan (Doctoral Researcher)

Research Group: Law, Technology and Design Thinking

Overture: To break new ground[1]

Earlier this week, Apple released a new product called Apple Vision Pro, a revolutionary spatial computer that seamlessly blends digital content with the physical world while allowing users to stay present and connected to others.[2]

Artha Dermawan

The headset boasts a high-resolution display and a wide field of view, making it ideal for immersive gaming and other virtual reality (VR) applications. It also features built-in sensors for tracking head movements, allowing users to explore virtual environments with greater freedom and precision.[3] In addition to its impressive technical specifications, the Vision Pro headset also offers a comfortable and customizable fit. The device comes with adjustable straps and padding, ensuring that users can wear it for extended periods without discomfort.[4]

What makes the Apple Vision Pro different than traditional VR? As illustrated in Figure 1 below, one key difference is the use of eye-tracking technology, which allows for more natural and intuitive interactions within virtual environments. Additionally, the Vision Pro's advanced display technology provides a higher resolution and wider field of view than many other VR headsets on the market.[5]

Figure 1. The significant distinctions between the traditional spatial computing and Apple Vision Pro.[6]

A spatial computing product such as Apple Vision Pro poses a significant threat to intellectual property (IP) rights as it allows for the creation of digital replicas of physical objects. This technology can potentially be used to replicate copyrighted and patented products, leading to infringement and a loss of revenue for the original creators.[7] Additionally, the ease of sharing these digital replicas through online platforms further exacerbates the issue of intellectual property infringement.[8]

But hasn't this problem existed since VR technology was introduced a few years ago? Yes, IP infringement has been a concern since the introduction of VR technology. However, with advancements in technology and the increasing popularity of VR, the issue has become more pressing and widespread. As VR continues to evolve and become more accessible to consumers, it is crucial for rightsholders to take measures to protect their IP. Some efforts to protect rightsholders have been made, such as the use of digital watermarks and encryption to prevent unauthorized copying and distribution of VR content.[9]

However, there is still a need for more comprehensive legal frameworks and enforcement mechanisms to address the unique challenges posed by VR piracy. Without adequate protection, creators may be discouraged from investing in VR content creation, ultimately limiting the growth and potential of this exciting new medium.[10]

Instead of discussing the never-ending negative consequences of this emerging technology, this blogpost will explore how Apple Vision Pro and spatial computing technologies bring benefits to the IP sector. It will delve into the ways Apple Vision Pro can improve IP management, create new revenue streams, and enhance user experiences. But before going any further, let's discuss what spatial computing is.

What is spatial computing? How is it different from the metaverse?

Spatial computing refers to “the digitization and modeling of the device’s environment and the objects within it, such that the device has spatial context.”[11] First defined in 2003 by MIT researcher Simon Greenwold, [12] spatial computing is a field that combines augmented reality (AR), VR, and mixed reality (MR) technologies to create immersive and interactive experiences.[13] It allows users to interact with digital content in the physical world, blurring the lines between the digital and physical realms. With spatial computing, users can manipulate and visualize complex data, design and simulate products, and even train for real-world scenarios in a safe and controlled environment.[14]

This technology has the potential to revolutionize industries such as healthcare, education, and entertainment, and is expected to become increasingly prevalent in the coming years.[15] For example, in healthcare, spatial computing can be used to create virtual simulations for medical training, allowing students to practice surgeries and procedures without the risk of harming real patients.[16] Additionally, in entertainment, spatial computing can be used to create immersive and interactive experiences for theme parks and museums.[17]

Spatial computing and the metaverse are two related but distinct concepts in the world of technology.[18] Spatial computing refers to the use of computer-generated spatial awareness to enhance human interaction with the physical world.[19]

The metaverse, on the other hand, is a fully immersive digital world that is accessed through virtual reality technology.[20] It is often described as a shared, persistent space where users can interact with each other and with digital objects in a way that is similar to the physical world.[21]

Apple Vision Pro vs. intellectual property: Will they support each other?

Trademark

The potential of Apple Vision Pro for IP protection is specifically explored and the use of Apple Vision Pro and Spatial Computing are used interchangeably.

What are the benefits of Apple Vision Pro for trademark protection? Apple Vision Pro has the potential to revolutionize the way trademark law is practiced. With the ability to create virtual representations of physical spaces, spatial computing can aid in the identification and enforcement of trademarks.[22] This technology can also assist in the analysis of potential trademark infringement by providing a visual representation of the similarities and differences between trademarks.

In the future, Apple Vision Pro could be used to track the use of trademarks in the physical world, allowing for more accurate monitoring of potential infringement. For example, a company could use Apple Vision Pro to create a virtual representation of a trade show floor and identify any unauthorized use of their trademarked products or logos. This would allow them to take quick action to prevent further infringement. Moreover, Apple Vision Pro could be utilized in the creation of AR experiences that incorporate trademarked products or logos, ensuring that they are used in compliance with trademark law.

One counterargument could be that the use of Apple Vision Pro in trademark law may not be accessible or affordable for all businesses, potentially creating an uneven playing field in terms of trademark enforcement. However, with the increasing availability and affordability of spatial computing technology, this argument may become less relevant in the future. In fact, many large corporations are already investing in spatial computing for trademark enforcement and brand protection.[23]

Furthermore, the use of Apple Vision Pro and spatial computing in general in trademark could ultimately lead to a more efficient and effective system for trademark identification and enforcement, benefiting both businesses and consumers alike. As this technology continues to develop and evolve, it will be interesting to see how it shapes the future of trademark law and enforcement.

Patent

Apple Vision Pro and Spatial computing have the potential to revolutionize patent law by providing a more efficient and accurate way to analyze and compare patent designs.[24] With the ability to create 3D models and simulations, spatial computing can help patent lawyers and examiners better understand the intricacies of a patent and its potential applications. This can lead to more informed decisions and better outcomes for both inventors and companies seeking to protect their intellectual property.

Additionally, spatial computing can facilitate collaboration between patent professionals by allowing them to easily share and manipulate patent designs in real-time. For example, a patent lawyer could use spatial computing to analyze and compare multiple versions of a complex mechanical design, easily identifying differences and making informed decisions about which version to patent. This could save time and money by avoiding the need for expensive physical prototypes or lengthy legal battles over patent infringement.

Furthermore, collaboration between lawyers and examiners across different locations can be facilitated by using virtual reality tools, enabling them to work together as if in the same physical space. In addition, virtual reality can also enhance the overall quality of patent examination by providing examiners with a more immersive and interactive experience, allowing them to better understand the technology and identify potential issues. This can ultimately lead to more accurate and thorough patent examinations.

Copyright

What are the benefits of Apple Vision Pro for copyright? This new technology has the potential to revolutionize copyright law by enabling more accurate tracking and monitoring of digital content (also in the metaverse). With the use of Apple Vision Pro, it is possible to create a virtual representation of copyrighted material and track its usage across various platforms and devices.

Additionally, spatial computing can help in identifying instances of copyright infringement and take necessary actions to prevent them.[25] Furthermore, Apple Vision Pro could also aid in the creation of more personalized and immersive experiences for users, while still respecting copyright laws. For example, virtual reality experiences can be created that incorporate copyrighted material in a way that is authorized and monitored, providing a unique and engaging experience for users.

This can also lead to new revenue streams for content creators, as they can license their material for use in spatial computing experiences. Thus, the potential for spatial computing to transform copyright law is vast, and it will be interesting to see how this technology continues to evolve in the coming years.

Design

Spatial computing has the potential to revolutionize the field of design law by offering a more immersive and interactive way to visualize and analyze intellectual property. With the ability to create 3D models and virtual environments, spatial computing can provide a more accurate representation of designs and products, making it easier to identify and protect intellectual property rights.[26]

Additionally, spatial computing can facilitate collaboration and communication among designers, lawyers, and other stakeholders, improving the efficiency and effectiveness of the design law process. For example, a team of designers and lawyers could use spatial computing to create a virtual prototype of a product and test it for potential infringement issues before it is even manufactured. This could save time and money in the long run by avoiding legal disputes and ensuring that the final product is fully protected by design patents and trademarks.

Additionally, spatial computing could be used in courtrooms to present evidence and arguments in a more engaging and persuasive way, helping judges and juries better understand complex design law cases. This technology could also be utilized by law firms to create virtual mock trials, allowing attorneys to test their arguments and strategies before presenting them in a real courtroom setting. Overall, the integration of spatial computing in the legal field has the potential to revolutionize the way legal disputes are handled and resolved.

The wind of change is here

Apple's new vision pro technology is set to revolutionize the way we interact with our devices. With its advanced eye-tracking capabilities and intuitive gesture controls, the vision pro system promises to deliver a seamless and immersive user experience that is unlike anything we've seen before. From gaming and entertainment to productivity and communication, the possibilities for this technology are endless.

The new Apple Vision Pro could help IP protection by incorporating advanced security features such as biometric authentication and encrypted storage.[27] Additionally, the device's integration with Apple's ecosystem will provide seamless access to secure cloud storage and collaboration tools for professionals.[28]

However, advanced security features do not necessarily guarantee complete protection against IP infringement, as hackers and cybercriminals are constantly finding new ways to breach security systems. Furthermore, not all professionals may prefer or have access to Apple's ecosystem, and could limit the device's usefulness in certain industries.


[1] This article is not sponsored by any parties and except where otherwise stated, all internet sources were last accessed on 10 June 2023.

[2] ‘Introducing Apple Vision Pro,’ available at: https://www.apple.com/apple-vision-pro/.

[3] Ibid.

[4] Moreover, the headset's design incorporates ventilation channels to prevent overheating, a common issue with VR headsets. These features make the Vision Pro a top-of-the-line option for anyone looking to dive into the world of virtual reality. Ibid.

[5] Jay Peters, ‘Apple made a VR headset, but it’ll never admit it’ (theverge.com, 2023). Available at: https://www.theverge.com/2023/6/7/23750301/apple-vision-pro-headset-virtual-reality-vr-headset

[6] This figure summarises the presentation delivered in ‘Introducing Apple Vision Pro,’ ibid.

[7] Marcin Frąckiewicz, ‘The Impact of Spatial Computing on Intellectual Property and Copyright’ (TS2 Space, 2023). Available at: https://ts2.space/en/the-impact-of-spatial-computing-on-intellectual-property-and-copyright/.

[8] Ibid.

[9] Paolo Andreottola and Ben Hitchens ‘Future impact of emerging technologies on IP protection and enforcement - EUIPO updates its ‘Tech Watch Discussion Paper’’ (Lexology, 2023). Available at: https://www.lexology.com/library/detail.aspx?g=e67440aa-01e1-4110-b717-206994babf9b.

[10] Ibid.

[11] Spatial computing is not a new field, as it has been around for decades in the form of computer-aided design and virtual simulations. However, recent advancements in technology have made it more accessible and affordable for a wider range of industries. As spatial computing continues to evolve, it has the potential to revolutionize the way we interact with digital information and our physical surroundings. Jeffrey Delmerico, et al, ‘Spatial Computing and Intuitive Interaction: Bringing Mixed Reality and Robotics Together’ (arXiv, 2022). Available at: https://arxiv.org/abs/2202.01493.

[12] Simon Greenwold, ‘Spatial computing,’ (Massachusetts Institute of Technology, Master, 2003). Available at: https://acg.media.mit.edu/people/simong/thesis/SpatialComputing.pdf. See, on quantum spatial computing, Martin Werner, ‘Quantum Spatial Computing’ (Bundeswehr University Munich). Available at: https://www.sigspatial.org/wp-content/uploads/special-issues/11/2/06-Paper3_Quantum_Spatial_Computing.pdf.

[13] Jeffrey Delmerico, et al, ibid.

[14] Ibid.

[15] Marcin Frąckiewicz, ‘The Role of Spatial Computing in Healthcare and Medical Research’ (TS2 Space, 2023). Available at: https://ts2.space/en/the-role-of-spatial-computing-in-healthcare-and-medical-research/#:~:text=It%20is%20being%20used%20in,patient%27s%20body%20in%20virtual%20space.

[16] Ibid.

[17] Marcin Frąckiewicz, ‘The Role of Spatial Computing in Entertainment and Gaming’ (TS2 Space, 2023). Available at: https://ts2.space/en/the-role-of-spatial-computing-in-entertainment-and-gaming/#:~:text=Spatial%20computing%20is%20a%20form,interactive%2C%20engaging%2C%20and%20immersive..

[18] The word ‘metaverse’ was first coined n Neal Stephenson’s 1992 science fiction novel titled “Snow Crash.” Sol Rogers, ‘The Metaverse, Spatial Computing, And 5G’ (Forbes, 2020). Available at: https://www.forbes.com/sites/solrogers/2020/04/30/the-metaverse-spatial-computing-and-5g/?sh=43075d321b91.

[19] This can include technologies such as augmented reality, virtual reality, and mixed reality, which allow users to interact with digital objects in a physical space. Ibid.

[20] Ibid.

[21] The metaverse has the potential to revolutionize the way humans work, learn, and socialize by providing a limitless and customizable environment that transcends physical limitations. As technology continues to advance, the metaverse is becoming increasingly sophisticated and accessible, offering endless possibilities for exploration and creativity. Ibid.

[23] Ibid.

[24] Ibid.

[25] Ibid.

[26] Ibid.

[27] Apple Vision Pro, ‘Privacy and Security’ (2023). Available at: https://www.apple.com/apple-vision-pro/.

[28] Ibid.