Two letters
about Who Owns Native Culture? published in the New York
Times Book Review (Oct. 5, 2003) reveal the perils of judging
a book by a review.
The
first letter, sent by Robert Jereski, objects to a sentence quoted
by the book's reviewer, Richard Shweder, which questions the importance
of ongoing litigation related to
the Washington Redskins trademark. The sentence, necessarily quoted
out of context by the reviewer, is actually directed to an unsupported
assertion by a legal scholar that the Redskins name causes "irreparable,
substantial harm" to American Indians and that it puts their
cultural survival in doubt. I argue that this claim is wildly exaggeratedan
abuse of language, in factwhen seen against the real challenges
faced by Native Americans over the past five centuries.
For
the record, I find the Redskins name obnoxious and see no reason
why it should retain its status as a protected mark. It must
also be said that few Native American leaders express interest in
the Redskins case. They have more urgent problems to worry about:
land and water rights, religious freedom, substance abuse, and reservation
unemployment. Citizens who care about Native American rights should
direct their attention away from bread-and-circuses issues like
the Redskins trademark to the question of how the Department of
the Interior has managed to "misplace" at least 13 billion
dollars in mineral leases and other trust-derived fees that should
have been distributed to Indian tribes in compliance with federal
law. Unfortunately, much more ink is spilled over the Redskins case
than the criminal negligence
of federal officials and the loss to Native Americans of badly needed
income that is rightfully theirs.
The
second writer, Pamela Kraft, concludes that my book supports the
appropriation of indigenous knowledge by pharmaceutical companies.
Even a glance at the book shows this to be falsethe exact
opposite, in fact, of what the book actually argues. Although I
do express doubts about some extreme claims of exploitation made
by NGOs opposed to bioprospecting, I document the grave injustice
that could be inflicted on native communities if they continue
to be denied protection by the world's intellectual property laws.
Who Owns Native Culture? outlines in considerable detail
the difficulty of reconciling the global system of patents and copyrights
with the rights of indigenous communities. People of good will may
disagree about appropriate solutions, but there is little question
that indigenous peoples are potential victims of an approach to
intellectual property that is spiralling out of control, thereby
threatening the creative freedom of all citizens, Native and non-Native
alike.
As always, I welcome constructive criticism of my work. Apparently
I may have been naive to expect that critics will feel obliged to
read the book, or at least browse the table of contents, before
registering objections.
Michael
F. Brown
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