Simple, to protect and control this project through the difficult stages that remain ahead, and those that have been successfully overcome to date.
Copyright law provides an author the exclusive monopoly rights to the concepts created in the works. The use of the joint operating committee, and the definition of software as being the defining component of an organization are two of the strongest innovations contained within the document. Others are there, however, we'll focus on these two for the purposes of this entry.
To prepare a derivative work is the exclusive right of the copyright holder. Therefore in this case the right to build a software based system on these two key attributes are the exclusive domain of myself. This provides me, the copyright holder, with the ability to control the development of all the technologies associated with this innovation. I can sell the copyright, license it or do nothing with it if I should so please.
My choice is to use the copyright to bring the innovation to the marketplace under my direct control, and hence for my commercial benefit. If I had to rely on other competitive aspects, such as speed or capability alone, the ability to compete would eventually decline.
So, is the choice to compete on the basis of intellectual property wrong? I don't think so. If you want to compete in the oil and gas ERP market space against me, come to the game with you own unique method of organizing an oil and gas company, or on the basis of some other manner that you believe is superior to my use of the joint operating committee, and lets knock out the solutions from there.
The ability to rely on a copyright is implicit in everything that you right. It is therefore very important to attribute any of the fundamental underlying theories that your innovations depend upon. For me this included the work of Dr. Anthony Giddens and Dr. Wanda Orlikowski and most importantly Dr. Giovanni Dosi.
The inherent desire to keep the secret from the rest of the world to avoid anyone from stealing the idea is 100% the wrong way of protecting it. The idea behind copyright is to publish the work so that the rest of the world can benefit from the knowledge and continue to build off the innovation of your work. The simple act of publishing is all that is required to protect the idea. By keeping it secret provides no value to society and no protection if someone else publishes the idea first.
So those companies that want to keep the engineering and science work under wraps are only hurting themselves in addition to the rest of society. It should be carefully noted that many large firms have a valid claim for the ideas that you generate during your day to day job. Your employer has paid for the rights, and you may have renounced them when you were hired. So make sure that the valuable ideas that you have are your own.
The time value of a copyright is international in scope and lasts for 70 years after my death. I think this was done this way to ensure that it was not motivating to knock off an author to get to the product. For what ever reason for this extended time frame, it is an excellent method for me to secure that my family has food on their table for many years after I am gone.
So the open source community is wrong in renouncing the rights to the copyright? Nothing could be further from the truth. Open source is a verbatim interpretation of the copyright law as I have explained it here. The "licensing", whether on the GPL, LGPL, Apache or whatever license provides the rights to use it, and contribute to the benefit of the copyright owner. Code submissions are therefore renounced to the copyright holder by the author of the code. Software should never have the compiled binary distributed. To have them open to all that may be of interest are for, again, the benefit of society and / or the copyright holder.
That is my interpretation of copyright law that I am relying on to protect my ideas. These are my full rights and I think I need them to protect the idea and myself. As we continue with this blog we will revisit many of the components of copyright law and this entry specifically.
The two particular take-aways from this entry are;
- I will compete on the basis of the unique attributes of my ideas. Competition will have to come in the form of other methods that are able to stand up competitively to my methods. Of note SAP is the bureaucracy, in that it defines the organizational structure and is constrained by the installed base of their intellectual property. I certainly welcome them to attempt to compete against this.
- Open source development will be for the sole benefit of the copyright owner. The right to prepare derivative works is granted through the license, which in turn renounces any code or developments to the copyright owner.
It is my fundamental belief that the initiative to proceed with these software developments is not held by the oil and gas industry. Their desire to fund this development does not exist, and may never exist, due to the nature of their conflicted motivations. The ability to have the software conduct and host the entire accounting and administrative aspects of oil and gas is possible with the quality and diversity of open source initiatives, this copyright, and the markets need for more oil and gas.
Therefore, those accountants, auditors, lawyers, landman or software developers that contribute to this project will benefit from having their ideas and concepts incorporated with the remainder of the communities membership. This providing those professionals with the ability to earn a better living in their chosen career. The source of their income being generated on the basis of their contractual arrangements with the producer.
The source of the revenue that the copyright generates will be derived from the producers that use the system. These copyright revenues will support the development and operating costs defined by the community, in order to do their jobs. It is important to note that as information becomes ever more abundant, to work in the hierarchy will require 80 hours per week to the job, or in oil and gas the alternative is to use this system and its modern architecture to halve the time necessary to do the job.
Lets start here, and lets start now, to change the way that oil and gas companies throughout the world are managed. And most importantly, have some fun.