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Chapter 13: For All of Our Languages We ... > THE THEORY OF AUTOPOIESIS - Pg. 205

205 Challenging the Idea of the Digital Native, Rethinking the Digital Divide Martina Gillen Oxford Brookes University, UK For All of Our Languages We are Not Natives Here: Chapter 13 ABSTRACT This paper seeks to explore the concept of the digital divide by critiquing the notion of the digital na- tive and its relationship to the legal conception of technology transfer and sited knowledge. It is the contention of this paper that technology transfer is key in developmental issues currently facing the international community in general, and is the first and paramount step in bridging the digital divide specifically. In order to be sustainable, a technology transfer must include capacity building strategies in which the notion of suitably embedded knowledge is already present in other areas of international IP law; specifically in the areas of Traditional Knowledge (TK) and Traditional Cultural Expression (TCE). Finally, if this concept of embedded knowledge is further applied to the idea of the digital divide then it becomes apparent that there is a socially damaging and a potentially ecologically unsound digital divide at work, even among those who are resource rich. THE THEORY OF AUTOPOIESIS Since autopoietic theory underpins the observa- tions made in this work it is appropriate to begin by exploring that theory and how it can be applied to law. Although we shall leave highlighting how it impacts upon the area of capacity building and technology transfer to a suitable place in the DOI: 10.4018/978-1-4666-1556-4.ch013 text, it is hoped that holding this body of theory in mind will facilitate the reader in tracing the author's argument. Autopoiesis in General As a theory autopoiesis was first posited in the bio- logical sciences to differentiate between the living and the non-living (Varela & Maturana, 1974). It is an explanatory theory of how entities develop and Copyright © 2010, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.