Imagine
a Maasai warrior, or a Maasai woman adorned with beads - it's one of
the most powerful images of tribal Africa. Dozens of companies use it to
sell products - but Maasai elders are now considering seeking
protection for their "brand".
Dressed in smart white checked shirt and grey sweater, you'd hardly know Isaac ole Tialolo is Maasai. The large round holes in his ears - where his jewellery sometimes sits - might be a clue, though.
Isaac is a Maasai leader and elder. Back home in the mountains near Naivasha, in southern Kenya, he lives a semi-nomadic life, herding sheep, goats, and - most importantly - cattle.
But Isaac is also chair of a new organisation, the Maasai Intellectual Property Initiative, and it's a project that's beginning to take him around the world - including, most recently, London.
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“Start Quote
People need to understand the culture of the others and respect it”
"We all know that we have been exploited by people who just come around, take our pictures and benefit from it," he says.
"We have been exploited by so many things you cannot imagine." Crunch time for Isaac came about 20 years ago, when a tourist took a photo of him, without asking permission - something the Maasai, are particularly sensitive about.
"We believed that if somebody takes your photograph, he has already taken your blood," he explains.
Isaac was so furious that he smashed the tourist's camera.
Twenty years later, he is mild-mannered and impeccably turned out - but equally passionate about what he sees as the use, and abuse, of his culture.
"I think people need to understand the culture of the others and respect it," he says.
"You should not use it to your own benefit, leaving the community - or the owner of the culture - without anything."
"If you just take what belongs to somebody, and go and display it and have your fortune, then it is very wrong. It is very wrong," he says.
According to Light Years IP - an NGO which specialises in securing intellectual property rights in developing countries - about 80 companies around the world are currently using either the Maasai image or name.
These include a range of accessories called Masai made for Land Rover; Masai Barefoot Technology, which makes speciality trainers; and high-end fashion house Louis Vuitton which has a Masai line, including beach towels, hats, scarves and duffle bags.
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Find out more
- Ron Layton spoke to The World, a co-production of BBC World Service, Public Radio International and WGBH in Boston
- The World airs weekdays on more than 300 radio stations across the US and Canada
"It's almost certainly the biggest cultural brand in the world," argues Ron Layton, the founder and head of Light Years IP.
"It ranks right up there. It's a serious brand."Those companies may be using the Maasai brand in ways that really do enhance their business, so it's reasonable for the Maasai to say, 'Well, why aren't you coming to talk to us? Why aren't you asking our permission? Why don't you engage with us?'" says Layton.
But the reality is there has never been a single, unified Maasai body for companies to approach to seek permission - though that could soon change.
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Some basics of Maasai culture
- Maasai are semi-nomadic
- Live in small villages called manyattas, made up of mud huts arranged in a circle
- They speak Maa
- Cattle is very important and a sign of status
- Traditional diet is meat, milk and cattle blood
- Women are referred to as "mamas"
- Men are "moran" - or warriors - after an initiation that lasts about seven years
- "If an idea is good, it will be copied and followed": Maasai proverb
Light Years IP is involved in a
niche - but growing - area of development policy, known as "intellectual
property value capture".
The argument is that intellectual property rules offer the
potential to provide a valuable source of income for people in
developing countries, who tend to get only a small sliver of the profits
made on their goods on the international market. If the Maasai "brand" were owned by a corporation, it would be worth more than $10m (£6.6m) a year - perhaps even "tens of millions", according to Layton. How much of this the Maasai might be able to claim would be up to negotiation.
"It's time the world sat up and took notice," says Lord Boateng, a member of the UK's House of Lords, whose grandfather was a cocoa farmer in Ghana. "It's an idea whose time has come."
Boateng is on the board of directors of the newly-created African IP Trust, which has taken on the Maasai as one of its first cases.
"They are not getting value. Their image is being abused," says Boateng.
"The Maasai are an ancient and sophisticated people - they know they are being ripped off and they want this to stop."
It is not yet certain that the Maasai will choose to pursue intellectual property protection - Maasai elders like Isaac ole Tialolo want to be sure that the whole community is on board first.
Together with Light Years IP, he has been travelling around Maasai areas holding meetings and workshops.
It's a huge task - according to some estimates, there could be as many as three million Maasai, in 12 districts, spread across a vast swathe of Kenya and Tanzania.
So far, they have reached about 1.2 million people.
Once the consultation is complete - and if the Maasai choose to go forward - the plan is to create a General Assembly of Maasai elders, trained in IP, who would act as a legal body specifically on this issue, negotiating with companies via a licensing agent, on a case-by-case basis.
That's the dream at least. But according to some lawyers the Maasai case is not especially strong in terms of international property law.
"They are on a sticky wicket with the law," says Ben Goodger, an expert on international IP law and a partner at the law firm Edwards Wildman Palmer.
IP law, he says, has been designed for new businesses and people creating innovations - and it's not really well-suited to this kind of case.
Patents, for example, would offer little or no protection to the Maasai, because the product or service has to be new.
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It put them on a collision course with Starbucks, who initially refused to agree to the code - but changed tack after the Ethiopian farmers were backed by Oxfam and others.
They have dozens of projects in the pipeline - including with shea butter producers in Uganda, tea growers in Kenya, and Madagascan cocoa farmers.
Africa's "intellectual property"
The most well-known case that light Years IP has worked on was in Ethiopia, where they helped secure, first a voluntary code, and then trademark protection, for three types of Ethiopian coffee - Harrar, Sidamo and Yirgacheffee.It put them on a collision course with Starbucks, who initially refused to agree to the code - but changed tack after the Ethiopian farmers were backed by Oxfam and others.
They have dozens of projects in the pipeline - including with shea butter producers in Uganda, tea growers in Kenya, and Madagascan cocoa farmers.
Trademarks could potentially
offer a better route. But trademarks are issued on a
first-come-first-served basis, and a number of companies have already got trademarks for use of the Maasai name or image.
"It looks to me like they have got some quite powerful opponents," says Goodger. "Those guys may not just give that up easily." The idea of cultures seeking IP protection is not an entirely new one - the Native American Navajo recently brought a case against the clothes company Urban Outfitters, for use of their name.
But perhaps the best parallel with the Maasai is the case of Aborigines in Australia who, 15 years ago, secured a voluntary code that governs use of their cultural and intellectual property.
Voluntary codes can be just as powerful as legal routes, argues Ron Layton.
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"It's very powerful. It's full of meaning - it's the heart of Africa, it's the real Africa, it's unspoilt landscape, it's enormous open spaces, and a proud and independent people.
"It symbolises the original Africa from which man came. It's throwing off the trappings of Western society and going back to a lifestyle we all share.
"It's perfect for branding products that are about adventure and rugged outdoors - so that gives you vehicles, clothes, equipment and luggage. Hot weather clothing would be brilliant.
"It also evokes colour and certain types of design in fabric, textiles and jewellery."
"Brand" Maasai
Bruce Webster, independent branding consultant:"It's very powerful. It's full of meaning - it's the heart of Africa, it's the real Africa, it's unspoilt landscape, it's enormous open spaces, and a proud and independent people.
"It symbolises the original Africa from which man came. It's throwing off the trappings of Western society and going back to a lifestyle we all share.
"It's perfect for branding products that are about adventure and rugged outdoors - so that gives you vehicles, clothes, equipment and luggage. Hot weather clothing would be brilliant.
"It also evokes colour and certain types of design in fabric, textiles and jewellery."
They are useful in creating an industry norm, which can serve as a kind of name-and-shame tool for those who don't sign up.
"That's very clever. That's exactly what they should do," says Bruce Webster, an independent international branding expert."Then it's a proud, ancient people against exploitative Western multinationals - and they'll win the PR battle absolutely."
For the moment, the Maasai are not going after any companies - though they have written to a number, in cases where they have found the use of their name or image to be particularly offensive.
They are sensitive about the portrayal of their bodies, for example, and they don't like images of their jewellery used inappropriately.
Each colour of bead has a special meaning.
"This, we call it norkiteng," says Isaac, holding up a circular necklace with threaded beads hanging down from points of the circle.
It is given as a gift to a new bride. Used in some commercial contexts it can seem disrespectful.
"It offends me because they don't know the meaning - they misuse it," says Isaac.
If the Maasai do take control of their brand, large sums of money could suddenly start flowing into the community.
"The Maasai have been already been branded like there's no tomorrow, but they haven't seen the benefits," says Duncan Green, senior strategic adviser for Oxfam GB. He supports the IP campaign in principle, but warns there could be problems, without a system in place to ensure the money is used fairly.
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Maasai in the news
It's an issue the Maasai have
thought about. The proposed General Assembly of elders would, it has
been suggested, be underpinned by a constitution specifying how the
money should be distributed and used.
But for Isaac at least, it is not primarily about the money. "What matters is the respect," he says. He has hosted a series of live phone-ins in the indigenous Maa language - and the phones have been buzzing.
To Western ears, it might sound counter-intuitive for the Maasai to be hotly debating notions such as intellectual property, copyright and trademarks - such emblems of modern capitalism.
But, says Isaac, though these may not be terms they are familiar with, the Maasai have a strong sense of ownership of their culture - and a visceral sense of violation where they feel their image has been misused.
"People are very excited, very excited. They are asking every day, 'When is it going to happen? When is it going to happen?' It's something that is spreading like fire all over the community."
Liberty Reserve digital money service forced offline
Liberty Reserve - a Costa Rican-based digital currency service - has been shut down after the reported arrest of its founder.
Authorities in the Central American country said Arthur
Budovsky had been taken into custody in Spain on suspicion of money
laundering, following an investigation which also involved the US.They added that police had raided several of Mr Budovsky's properties and seized his computer servers.
The site went offline on Thursday.
Liberty Reserve had described itself as being the internet's "oldest, safest and most popular payment processor... serving millions all around a world".
It had allowed users to open accounts and transfer money, only requiring them to provide a name, date of birth and an email address.
Cash could be put into the service using a credit card, bank wire, postal money order or other money transfer service. It was then "converted" into one of the firm's own currencies - mirroring either the Euro or US dollar - at which point it could be transferred to another account holder who could then extract the funds.
The service promised that payment transfers were "instantaneous" and it charged a maximum of $2.99 (£1.98) for each transaction. It also offered a private messaging facility which it said was "much more private and secure than email or instant messenger services".
Security expert Bryan Krebs said Liberty Reserve's features had made it a popular among cybercriminals who wanted to move funds and make payments anonymously.
However, others said they had used the service for legitimate means, viewing it as a cheaper alternative to PayPal. They fear they will now lose money still sitting in its accounts.
Refused licence Costa Rica state prosecutor Jose Pablo Gonzalez announced news of the raids on Saturday. He said that in addition to Mr Budovsky's arrest, 10 other suspects were being investigated in connection with international money laundering.
Mr Gonzalez said that Costa Rica's financial regulator, Sugef, had refused to issue a licence to Liberty Reserve in 2011 after raising concerns about how it was being funded.
Although the company Liberty Reserve subsequently closed and dismissed its employees, the prosecutor said Mr Budovsky had continued operating his money exchange service by running it through five other Costa Rican businesses.
The same year, he said, New York based officials asked Costa Rica to investigate.
Mr Gonzalez said offices and houses linked to Mr Budovsky had been raided last week, and that documents and three vehicles - including a Rolls Royce - were seized.
The US Department of Justice's website says that in 2006 Mr Budovsky was found guilty of operating a separate illegal money transmittal business - GoldAge - from a Brooklyn apartment when he used to live in New York.
However, when asked about the latest arrest, a spokeswoman said she could "not provide any guidance" at this time.
The BBC has also asked the Spanish police for more details.
Lost money According to Mr Krebs' security blog, the closure of Liberty Reserve has the potential to "cause a major upheaval in the cybercrime economy".
He said there had been "anxious discussions" about the news on several internet forums after fraudsters and malware sellers found themselves unable to access their accounts.
But others say they used the service for legitimate reasons, and are concerned about the lack of information.
They include Mitver Holdings, the firm behind a facility called ePay Cards. This allows consumers outside the US to buy goods from stores in the country as if they owned a locally-issued Visa or Mastercard credit card.
The company - which has offices in London and Texas - used Liberty Reserve as a way for its customers to charge up their "virtual credit cards".
Co-founder Mitchell Rossetti said he had about $28,000 sitting in his business's Liberty Reserve account at the time the site went offline.
"We used Liberty Reserve because it was quick, efficient and secure," he told the BBC.
"Now, we - and thousands of others who were dependent on it - have been left with nothing to look at except a blank webpage, and nothing more to go on than reports from the Costa Rican press.
"We need to know if our assets have been seized and what would be the requirements to get the funds returned."
Phil Hughes tops Derek Jeter in Starbucks wars
On Thursday, a photographer spotted Derek Jeter leaving Starbucks with a coffee cup labeled “Philip.” It’s a hilarious image:
Coffee-cup analysts around the Internet speculated that the cup could
have been yet another in a long line of silly misinterpretations of
names by busy baristas, though it’s unclear how anyone who listened to
“Derek” would hear “Philip” — especially when the person ordering the
coffee is definitely Derek Jeter. Seems more likely he’d wind up with
“Derrick” or “Eriq.”
Others guessed that Derek Jeter uses a fake name to order coffee, as he
likely does when checking into hotels. That makes more sense, but,
again, the person ordering the coffee in this case just so happened to
obviously be Derek Jeter (while wearing a white shirt with navy blue
stripes, no less), so it’s unclear what purpose his using an alias would
serve.
A third popular line of thought was that the coffee in Jeter’s hand was
intended for someone actually named “Philip,” either an unfortunate
Starbucks patron who had his coffee stolen by famous millionaire Derek
Jeter or Jeter’s Yankees teammate Phil Hughes. On Friday, in response to
the original photo, Hughes fired back:
Sanderson, as Hughes and everyone familiar with Jeter’s baseball-reference.com page know, is Jeter’s middle name.
I personally would have tried to tweak Jeter with a coffee cup labeled “DEREK EATER,” but that might be a more difficult plan to execute.
Il Milan perde nel deludentissimo debutto in campionato: Costa decide l'1-0 con una splendida incornata al 59'. Non basta l'esordio di Pazzini nel finale, i rossoneri non vanno oltre due pali colpiti da Yepes (65') e Boateng (90'). (foto AP/LaPresse)
Esaltazione
e sconforto. Sensazioni forti e opposte tra di loro nei 90' che hanno
aperto la nuova stagione di San Siro. La gioia è tutta della Sampdoria,
che nel giro di una settimana ha battuto a domicilio prima il Barcellona
e poi il Milan. La depressione è tutta rossonera, con il Diavolo reduce
dal calciomercato più triste degli ultimi anni sconfitto proprio dai
blucerchiati con un 1-0 dolorosissimo. Altro che Giampaolo Pazzini, a
decidere tutto è Andrea Costa con un colpo di testa micidiale sugli
sviluppi di un corner (59'). La Sampdoria può esultare, al Milan non
resta che sperare negli ultimi giorni di mercato per mettere qualche
toppa a una coperta che sembra inverosimilmente corta.
PAZZINI E MAXI LOPEZ DALLA PANCHINA - Massimiliano
Allegri riparte dal 4-3-1-2, unica certezza in una formazione
completamente stravolta rispetto all'anno scorso e priva di altri sei
infortunati (Abate, Ambrosini, Didac Vilà, Muntari, Pato e Strasser). In
difesa il tecnico rossonero si affida al duo Bonera-Yepes come coppia
centrale con De Sciglio e Antonini esterni. Montolivo parte in cabina di
regia con il fosforo di Flamini e Nocerino sugli interni, mentre in
prima linea El Shaarawy viene preferito al grande ex Pazzini. Ciro
Ferrara recupera soltanto in parte un altro ex come Maxi Lopez, che
parte dalla panchina lasciando spazio in prima linea nel 4-3-3 doriano a
Eder, con Estigarribia e Kristicic a completare la prima linea. A
mancare sono l'infortunato Juan Antonio e gli squalificati Da Costa e
Pozzi, mentre a De Silvestri viene preferito Berardi sull'out destro
difensivo. Poli riparte da San Siro dopo i sei mesi passati all'Inter e
trova spazio da interno sinistro in un centrocampo con Tissone davanti
alla difesa e Obiang in mediana.
BRUTTO MILAN, LA SAMP CI PROVA - Caldo
asfissiante, ritmi bassi e poca classe da centrocampo in avanti. Lo
spettacolo a San Siro è quasi tutto sugli spalti, dove i tifosi
rossoneri si divertono a mandare messaggi all'ex Cassano e alla
dirigenza ("31 agosto, attendiamo fiduciosi", lo striscione
inequivocabile). Ben presto l'atteggiamento tattico degli uomini di
Allegri si traduce in un 4-3-3 con Robinho ed El Shaarawy larghissimi e
Boateng a muoversi da "falso nueve". Il modo peggiore per attaccare una
difesa arcigna come quella imbastita da Ferrara. La Samp, infatti, tiene
il campo a meraviglia e rischia di far male in contropiede. Le
occasioni, in sostanza, sono tutte degli ospiti che al 10' potrebbero
già andare in vantaggio con Eder, che ruba palla a un impacciato Bonera
per poi subire il tackle dello stesso centrale rossonero. Al 36' è
invece Montolivo (lento e senza punti di riferimento in avanti) a
regalare un pallone interessante a Obiang al limite dell'area, ma lo
spagnolo calcia alto. E nel recupero ancora Eder per poco non fa male su
un altro errore di Bonera. Si va all'intervallo tra i fischi di San
Siro, con un Milan ai limiti dell'inguardabile, incapace di concludere
in porta in un tempo intero.
COSTA DECIDE, PAZZINI NON BASTA - Il
secondo tempo si apre con un Milan all'arrembaggio. Robinho passa a
destra e sembra in grado di incidere maggiormente con un paio di
conclusioni tentate nei primi cinque minuti della frazione. Al 55'
Allegri toglie un evanescente El Shaarawy per concedere il debutto a
Pazzini, ma la vera notizia arriva al 59', quando Costa anticipa Bonera
di testa e insacca di testa il gol dell'1-0 sugli sviluppi di un corner
nato da una palla persa da Boateng a centrocampo. Allegri è costretto a
togliere subito Robinho per mettere Emanuelson (problemi alla coscia
destra per il brasiliano), mentre al 75' entra anche Constant al posto
di uno spento Nocerino. Il Milan aggredisce il fortino blucerchiato,
eppure l'occasione migliore arriva soltanto su un corner dalla destra
con Yepes che colpisce il palo al 65'. Ferrara getta nella mischia Maxi
Lopez per Estigarribia (74') e Soriano per Eder (75'), la Sampdoria
soffre il giusto e alla fine porta la seconda impresa della settimana in
porto. Per il Diavolo non è serata, come il secondo legno della partita
(colpito da Boateng con un gran destro da fuori al 90') testimonia
ampiamente. Vince il Doria, il Milan parte nel peggiore dei modi
possibili.
DIAVOLO AL PALO, GRANDE SAMP - Un
ritorno pazzesco per i blucerchiati, che alla prima partita in Serie A
dopo un anno di assenza fanno subito il colpo grosso. Tanto contropiede e
abnegazione in fase difensiva, ottime coperture e un Obiang
stratosferico a centrocampo. Quanto è bastato per portare a casa tre
punti pesantissimi su un sipario come quello di San Siro. E il Milan?
Male, malissimo. Difesa sbrindellata, Montolivo imbarazzante in cabina
di regia e attacco del tutto inconsistente (con o senza Pazzini).
L'unica notizia positiva è la prestazione matura e di qualità di De
Sciglio a destra. Ma, d'altronde, che fosse un Diavolo in tono minore
era chiaro a tutti. Va in archivio la prima grande sorpresa del nuovo
campionato, la seconda sconfitta al debutto per il Milan negli ultimi
dieci anni (l'ultimo ko è l'1-2 a San Siro del Bologna nel 2008). Fino
al 31 agosto, però, c'è qualche speranza di invertire la rotta. Forse.
Fulham
accepted Tottenham Hotspur's bid for Belgium playmaker Moussa Dembele
on Tuesday as Andre Villas Boas's side look for a replacement for Luka
Modric.
Fulham's
official website said manager and former Tottenham boss Martin Jol had
confirmed a deal after his side lost 1-0 to Sheffield Wednesday in the
League Cup.
"The player is currently undergoing a medical," it said.
Dembele,
25, is regarded as a near like-for-like replacement for Modric, who
completed his transfer from North London to Real Madrid on Monday.
Fulham's
West London neighbours Queens Park Rangers have also been active as the
close of the transfer window approaches, with Inter Milan goalkeeper
Julio Cesar on the verge of being snapped up.
Cesar
was filmed by British press arriving at Loftus Road ahead of QPR's
League Cup match with Walsall and manager Mark Hughes confirmed to
reporters after the 3-0 win that he was hopeful of wrapping up a deal
for the Brazilian.
Banned
QPR midfielder Joey Barton's proposed move to French club Marseille
also looks to be in its final stages with his agent Willie Mackay
confirming final negotiations were underway.
Barton,
who was suspended by the English FA for 12 Premier League matches
following his sending off in the final game of last season against
Manchester City, looks set to leave as part of a deal to bring defender
Stephane Mbia the other way.
"I
think you will find that maybe a deal will happen tomorrow with Joey
flying out to Marseille and Stephane Mbia will arrive at QPR," Mackay
told BBC's Radio 5 live.
Kaka probably will not move to Milan, so at least thinks internationally known agent, Ernesto Bronzetti.
FIFA agent who has been very influential in bringing players in Spain and Italy, especially to Real Madrid, Kaka has said he will stay, because Milan is failing to reach agreement.
"Adriano Galliani was right when he said fans should not lie. In Italy it is impossible to pay 10 million salary. When Real Madrid plans to waive it, then Milan is unlikely, but unfortunately Kaka is now the prisoner of his salary, "said Bronzetti.
Bronzetti accurately predicted crossings Ronaldo and Kaka to Real Madrid a few months before they were officially
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