Revisions to the Budget and Implementation Part 2
Intellectual Property Royalties and Profit Margins
The thing about being in the software business is the healthy nature of the margins that are realized. Microsoft earns 73% profit margins from their Office product suite. These margins assume the firm is able to attain the point of generating revenues. The real downside of this business is that all of your costs, the actual cost of development, are conducted without the benefit of any revenues. You have to incur the costs of development before you get to the point of earning any revenues. Such is the way of the software business. And with People, Ideas & Objects large scope and scale, the small number of oil & gas producers to market ERP systems to, we’ve implemented a Revenue Model (Background section of this wiki) that is fundamentally different. That is, we are developing the software with revenues up front from the producers as our scope and scale is beyond the capabilities of the investment community.
I have allocated 33.3% of People, Ideas & Objects revenues as an Intellectual Property Royalty, or approximately $5.0 billion to myself, the owner of this Intellectual Property. Producers have and will hold this royalty out as a reason not to proceed. From my point of view these royalties establish the allocation of net proceeds within People, Ideas & Objects from the beginning of the organization. There are additional profit margins of 33.3% totalling approximately $5 billion. These are the profits of the firm and are distributed as dividends to the shareholders. People, Ideas & Objects provide oil & gas producers with the most profitable means of oil & gas operations, everywhere and always. There is a tangible difference in our business model in comparison to any other. The methodology defined above is the means that has been chosen to monetize these efforts, and is commensurate with and immaterial to the value that is available to the industry. To refocus the industry on the basis of a dynamic, innovative, accountable and profitable footing is what is necessary.
The justification for the royalties and profit margins are based on the value generated but also the need to establish People, Ideas & Objects as a profitable operation. With the size of this budget and the Preliminary Specifications Intellectual Property, producers' involvement will be high as they’ll have a vested interest in the outcome. They will work to ensure a profitable oil & gas industry is rebuilt and their money is well spent. This producer buy-in is a critical part of what we’ve deemed necessary to be successful. What People, Ideas & Objects are delivering to industry is the reduction of time and the choice of a workable model. A process that will otherwise take the traditional amount of time that any new idea would need to be worked through. Which is normally a decade long process, as it was with the Preliminary Specification. Any new alternative also needs to ensure it excludes the IP that is expressed in the Preliminary Specification.
It will be this method of pricing, cost plus 200%, that will be used for any additional development funds. This will also be the pricing method used on the go forward, day-to-day charges that are assessed when the software is operational. These budgeted costs cover the competitive advantage of People, Ideas & Objects which include our user community, research and Intellectual Property. This being the costs of developers and our user community. It does not include any of the costs of implementation of the software. Interaction with the user community members service providers during implementation will result in direct charges from the service providers.
Oracle Corporation
Oracle Corporation plays a critical part in the People, Ideas & Objects Preliminary Specification. Oracle Cloud ERP is the foundation of the thirteen module Preliminary Specification. We also use Oracle’s database, Java, hardware, services and solutions. One could suggest we are an Oracle shop. However with this level of commitment to these product categories we will be able to secure Oracle’s commitment to provide the oil & gas producer with the most profitable means of oil & gas operations. All Oracle costs are covered by People, Ideas & Objects.
Doing the same thing over and over again, expecting different results is a sign of insanity. I’ve always claimed that you don’t have to be crazy to do this job, I do find it to be a distinct competitive advantage however. This is the same position I was in back in 1991 when I first approached Oracle to develop what were then Client / Server solutions for oil & gas. This time I’ll be approaching them with a much larger wallet in order to take on the scope and scale that is defined in the Preliminary Specification.
As we noted in the prior section regarding Intellectual Property royalties and profits. People, Ideas & Objects competitive advantages consist of our user community, research and Intellectual Property. Under the IP is the software and its code of the Preliminary Specification. Please note this does not include the development of software as a competitive advantage. That is because we’re no longer in that area. For the purposes of time, the oil & gas industry does not have the requisite amount necessary for People, Ideas & Objects to spend the half to full decade to become the well functioning team of software developers capable of producing the Preliminary Specification. And then to undertake the development. We therefore eliminated this aspect from our competitive advantages and focused instead on the area where the oil & gas attributes of our product quality would be best represented, our user community. Our user community development is our primary focus which we began in March 2014 and have continued for the past eight years. User community development is a slow time consuming process of convincing people of the need for their commitments, providing them with an overall vision of the role they’re undertaking and raising their awareness of how they’ll do that work and what will be expected of them. User community developments are the only method in which to bring quality software such as the Preliminary Specification to market. To capture the understanding of oil & gas, verify it and ensure that it’s implemented correctly in the software itself. Our user community has the appropriate motivation as defined in our user community vision. They’ve also been provided with the appropriate focus of providing the most profitable means of oil & gas operations, everywhere and always in our user community charter.
People, Ideas & Objects will be contracting the software development of the Preliminary Specification to Oracle Corporation for all of the above reasons. Most particularly the time they’ll take to put a team together will be minutes in comparison to our decades. They’ll be able to start with the appropriate people and build out the capacities and capabilities as People, Ideas & Objects and our user community grows in the years to come. Services of this type are a major part of their product offering and they state they have 41,000 developers on staff. I would suggest at least 15,000 of these people are in the consulting side of developing applications for customers such as People, Ideas & Objects. At our peak we expect to have demand for around 600 developers. Oracle also notes they have 18,000 implementation consultants. There will be a synergy with these 59,000 people that our developers would never be able to achieve or emulate. They are developing the Oracle Cloud ERP offering internally and are able to access the information and people behind those products and features, and in some cases are the same people.
Oracle Cloud ERP is the premier tier 1 ERP system available in the global market. There is no greater level of product quality and these are built on the finest database and programming language. Oracle brings a unique character to the Preliminary Specification, one that I’m pleased to be providing People, Ideas & Objects applications on their technology. When we add the quality nature of oil & gas user community to this we are building real value. Building an application for the 21st century for the dynamic, innovative, accountable and profitable oil & gas producers.
Google v. Oracle Supreme Court Ruling
The Supreme Court of the United States ruled on April 5, 2021 in the case Google LLC v. Oracle America Inc. that Google would prevail in Oracle’s 2010 lawsuit regarding Google’s use of Java in the Android operating system. Citing that it was “fair use” for Google to have copied the API (Application Programming Interface) of the Java Programming Language. I don’t think that the Justices were fully aware of the consequences of their decision and stated categorically that their assumption was that Oracle’s copyright of Java was valid. And therefore their ruling only applied to the API and did not violate their understanding of copyright. I believe that this separation of copyright and API is not valid and will hold copyright holders to the same rights and privileges they’ve always had. The consequences of this decision will have significant implications towards software developers, developments in general, software in general and the software user overall. An important consideration in this discussion is that most object oriented software code is freely accessible, subject to the license requirements upon download. Signing the license by downloading it is your agreement to uphold these requirements which state that the Java Programming Language is free to use, however, any revenues generated from those derivative works would be subject to a royalty payable to Oracle. Oracle has received payments from every other developer on this basis but not Google. This honor system has provided for a robust development environment.
It came down to what the definition of an API is and what it’s for. In the past programming code was procedural and all aspects of the software application including menu items, features and variables were included in the one holistic software code base. Think of the computer just processing through a loop of code from beginning to end and then starting over and over. The issue was when software became more capable bugs creeped in and caused the entire application itself to become unusable. Limiting the upside in terms of software developments capabilities. Java, built upon the concept of object oriented programming, introduces that each of the components of the program are separated and each of the individual features are implemented within a single object. Think of building a program with Leggo bricks. Therefore isolating the bugs and issues to the objects that were unable to function as desired. Each object is unaware of any other object's existence however can access other objects capabilities through methods and other features of the programming language. Packaging of a comprehensive feature set of objects into a framework or API for others is one of the desired capabilities of object oriented programming.
The calling of Java is write once, run anywhere. The redundancy of having to rewrite the same code over and over again in procedural programming was a major hindrance to the development, quality and speed of the deliverability of software applications. Object reusability became the focus of all developers. If you could access a framework that conducted the necessary work you needed, all you needed to do was access that framework’s API. The API provided the doorway to the published code of the framework that someone spent a significant amount of time and money developing. The code had become tried and tested, was generally what was needed and because it was object oriented, was extendable by any Java based developers, and here’s the necessary requirement, through the license of the frameworks copyright holder. The API they were providing was a doorway to facilitate ease of use and understanding in how to use the framework. What the Supreme Court did was to effectively eliminate the copyright protection on the API. Saying Google’s use of the API was fair use is ridiculous when the Justices also indicate that Android had provided over $42 billion in revenue to Google. This is wholly inconsistent with the concept of fair use. Fair use doesn’t permit the generation of revenues off others' works. The API doorway will now be effectively closed. It will be replaced with a drawbridge, and a moat will be built around the framework for any developer to enter. Partial compensation will probably be necessary as a down payment to sign the license and access the framework. Licensing will be far stricter. The honor system is no more.
One of the consequences of this is that object oriented programming languages will cease to be as effective in developing software efficiently, effectively and affordably. Royalties will be higher to access the frameworks and content of those who own valuable copyrighted material. Think Microsoft, IBM, Google and all of the other software companies that were proponents of Google in this action. Content will be king and everyone will have to pay dearly for it. Developers' work will be more constrained as access to the necessary frameworks will be a legal process that precedes their access and possibly have to pick through the copyrighted materials themselves to find what it is they’re looking for and how to use it. Ease of use through the API may no longer be available.
Oracle is our technological provider. We use the entire Oracle product suite as the technology base of the Preliminary Specification. This includes Java, as well as many other products written in Java. It is reasonable to assume that much of this code may also be licensed from other software providers who are allowing licensed access to Oracle for its use through their API. I anticipate this will affect our development of the Preliminary Specification in detrimental ways. As the copyright holder of the Preliminary Specification we own that content and it is unaffected by this decision. We will not be publishing any API’s at any point. We also have expectations that our costs will escalate due to the superfluous legal necessities this unnecessarily causes. Our ability to access API’s for our convenience will be a doorway that is no longer open to us. And as object based developers this will have a time and monetary impact on our development.
Those interested in joining our user community are People, Ideas & Objects priority and focus. The Preliminary Specification, our user community and their service provider organizations provide for a dynamic, innovative, accountable and profitable oil & gas industry with the most profitable means of oil & gas operations, everywhere and always. Setting the foundation for profitable North American energy independence, everywhere and always. An industry where it will be less important who you know, but what you know and what you're capable of delivering, what the value proposition is that you’re offering? We know we can, and we know how to make money in this business. In addition, our software organizes the Intellectual Property of the exploration and production processes owned by the engineers and geologists. Enabling them to monetize their IP for a new oil & gas industry to begin with a means to be dynamic, innovative and performance oriented. Providing a new investment opportunity for those who see a bright future in the industry. A place where their administrative, accounting, exploration and production can be handled for the 21st century. People, Ideas & Objects. Please join our community on Twitter @piobiz. Anyone can contact me at 713-965-6720 in Houston or 587-735-2302 in Calgary, or email me here.