To: The Board of Directors, Our RFP Response (IP), Part VI
We’ve been discussing attributes of the Preliminary Specification and the role that software plays in society. Stating that it’s no longer enough to just own the oil and gas asset, you must also have access to the software that makes the asset profitable. Producer bureaucrats have found themselves at the point in their lives where they believe to their core that their only means of survival is to all get together and sing kumbaya. With covid lockdowns waning and commodity prices looking high to them, times never looked better than now to say the word “Boom.” And just like that everyone drops into line and everything is once again ok. I’m not there yet, in fact I’m far away, primarily because I’m having difficulty remembering what bureaucrats did to change their behaviors and methods to bring about this boom. People, Ideas & Objects recently identified seven crises that should concern the bureaucrats that include the following. #1, Chronic and systemic overproduction, #2, Consequences of the virus, #3, A looming producer debt crisis, #4, OPEC and others spare capacity, #5, Deterioration of the greater oil and gas economic systems capacities and capabilities, #6, Fiduciary risks of officers and directors, #7, “Good old Joe from Scranton.” We also identified a wall of incremental “new” cost categories that will need to be paid by someone somehow. Investors aren’t buying it. I recently hypothesised a “managed industry” scenario where this boom is a facade designed to facilitate the mass exit of the bureaucracy and ultimate capitulation from their posts. Enabling them to state they left when “things were good and there were no issues when they left.” Other than that I fail to see or understand their optimism.
In the process of writing this RFP I’ve been detailing the what, how and why the Preliminary Specification is the choice for the North American producers directors to take the future of the industry. We continue today with further discussion of Intellectual Property in the industry. Bureaucrats have abused Intellectual Property in the industry for many decades. The importance of IP in the industry is it will organize innovation. The most productive innovation is when it’s organized under a structure that provides for the market to focus on its development. The North American marketplace established IP centuries ago and we have reaped its benefits. The United States included copyright in something called the Constitution. Copyright has to be published in order to earn the copyright. Exposing it to the market where it can be built upon and enhanced by others. It reduces the “me-too” phenomenon that the bureaucrats created to generate price competition in the service industry and elsewhere and ensure everyone was rendered “blind sleepwalking agents of whomever would feed them.” Is this how an innovative industry is going to be built, with bureaucrats sitting on top of a primary industry and using its revenues to endow their favors with the rewards of a penny or two here and there? The organizational structure of the new oil and gas industry People, Ideas & Objects et al will be building has innovation structured and based on the laws of the land. It will be these laws that define what innovation is undertaken and what is not. The violation of another's copyright is not allowable under the law so there would be no violators. A self policing mechanism reducing the overall costs of unnecessary duplication of innovation in the industry. Providing the incentive for those with a few ideas of their own, and as a result, the inherent motivation to do the subsequent hard work that is necessary. Fully protected from the IP poaching that’s occurred so often under the bureaucrats and is culturally ingrained today. To do so not just for today, but for always and everywhere. These copyrighted publications also enable an understanding of how things are done. Building upon that understanding with additional innovations. Intellectual Property therefore provides us with a strong legal structure that encourages innovation, eliminates the costly redundancy of duplication of efforts, educates and provides the motivation to do the difficult and challenging work we can all agree is the foundation of the industry. This applies across the greater oil and gas economic structure and includes the secondary and tertiary industries. The 21st century will be known for the leverage of Intellectual Property, or intelligence. Much as last century has been the leverage of mechanical work. Avoiding this or attempting to opt out is foolhardy in the extreme.
What is the motivation for people to develop these “ideas” of theirs? Are they not, just as the bureaucrats, in it for themselves and looking to siphon off what they can from the industry? Self interest is a part of every human endeavor. It comes down to whether or not it builds value. Bureaucrats have been well compensated and the industry has been destroyed. A great contrast due to the fact they have not been motivated by the discovery of ways in which they can build value through the myriad of ways it can be done? Intellectual Property is therefore not only a structural organizational component that can enable the means to control the innovation process throughout the industry. The motivation behind the participants is purely from the point of view of building value through the establishment of incremental profitability, reduction of cost, enhanced production deliverability or the expansion of reserves. It is the law, and most importantly of all, proven. The reason the United States dominates in the manner that it does is due to the fact the Intellectual Property laws provide the motivational and organizational principles of how their economy and society operate. It assumes people are Intelligent beings, not serfs like the bureaucrats. It is productive, constructive, focused on generating value and is an overall benefit to society. Otherwise why would you do the hard work that’s necessary? As a science and technology business, that is refuted to be second only to the space industry in terms of complexity. What has and what have these bureaucracies been doing under their business model?
The business model of the bureaucrats, I believe, was and is to have a pool of knowledge freely available to them when and where they want it and need it at its lowest possible costs of nothing. Therefore they couldn’t have anything published in this environment as it would be counter to their best interests in terms of any of their availability and access to this pool of Intellectual Property. And therefore nothing has been documented in the industry from the point of view of the science and technology of earth science and engineering. Leaving themselves fully exposed at this time through the simple publication of this IP by any author, say in a blog. I am not a lawyer and am not recommending any action other than to speak to a lawyer. I am certain upon reading this bureaucrats will begin the process of delegating the documentation of these specific subjects into materials that can be published. Asking the geologists and engineers, who are already overworked and exhausted, to put it on their list of things to do quickly. Which of course they’ll do. ;)
Two other interesting aspects of Intellectual Property are first, what’s known as the safe harbor provisions. Why doesn’t consolidated mega-corp just turn around and launch a lawsuit against copyright holders? This would be an unfortunate world where “big” ruled the earth and we serfs would be the drones who were forced to cooperate with their every command. The safe harbor provision states that you can not launch a lawsuit against the copyright holder. Which is really too bad isn’t it? Again. ;) Secondly, the division of tacit and explicit knowledge. Tacit knowledge can not be captured or written down. Only the explicit knowledge. Therefore it is up to people to take the explicit knowledge they have and apply their tacit knowledge to generate the value. The services associated with Intellectual Property are as important as the IP itself. Just as People, Ideas & Objects have our user community heading up the service providers that are delivering our software and their services to the producer firms. Therefore fulfilling our need to have the effective and efficient delivery of the tacit and explicit knowledge underlying the Preliminary Specification. The ability to manage that second revenue stream that we’ve identified in the earlier part of this series should be raised and brought back into focus.
What I do know is that oil and gas in North America needs to be moving forward quickly, efficiently and effectively. The preparation People, Ideas & Objects et al have completed can be leveraged by the industry at this critical time. We have prepared the Preliminary Specification and our organization of our user community and their service providers. Since its December 2013 publication and the beginning of our efforts in organizing our user community since the first quarter of 2014. The means and methods of dealing with the specific issues of overproduction, overcapitalization and collapsed commodity markets that have been rendered obtuse through the specious accounting conducted across the industry since the late 1970s.
These efforts of ours to use the Joint Operating Committee as the key organizational construct of the dynamic, innovative, accountable and profitable oil and gas producer began in August of 2003 with a research proposal to industry. People, Ideas & Objects subsequently conducted that research ourselves which was completed with the publication of the Preliminary Specification. A full decade of intense research that is reflected and absorbed throughout this blog and elsewhere. And now that the obvious need in the market for this ERP system has come about, Boards should be aware that the time taken by People, Ideas & Objects to conduct this research, to effectively deal with these issues and resolve them has offset what would be industries largest cost of all. The time needed to generate a viable, workable business model. We enable them to yield untold value creation in the short term and not have to undertake that ten years of research themselves. In addition, the Intellectual Property contained throughout this community of ours, just as it will be for the small producer sector, and all sectors and industries in oil and gas, is what we list as one of our three strategic competitive advantages. They are, our user community, research and Intellectual Property in reverse alphabetical order. Anyone offering similar aspects to the Preliminary Specification in their ERP software would be violating our Intellectual Property and we would expect, as law abiding citizens, the oil and gas producers would adhere to these principles of law, recognize that and refuse to use their software.
People, Ideas & Objects et al fully understands and appreciates the difficulties and risks associated with today’s North American oil and gas producer. We have engaged the bureaucracy in the classic battle of creative destruction and today’s disintermediation through Information Technology. The battle is well documented in the pages of this blog. We are here to make the industry dynamic, innovative, accountable and profitable in order to achieve energy independence on the North American continent, everywhere and always. Profits from the real perspective of recognizing all of the costs of oil and gas exploration and production on a timely and accurate basis. We provide a value proposition that differentiates us from the marketplace to the tune of $25.7 to $45.7 trillion dollars over the next 25 years. Those who do not understand how that value could be generated are unaware of the damage and destruction that has been levelled across the industry, its sub industries and the greater oil and gas economy. And therefore I will note in terms of our value proposition it is key to remember that oil and gas is a primary industry.
Our value proposition is defined by two components. The first is the incremental profitability that was not being generated and most probably never would under the bureaucrats current business model. These incremental profits total $5.7 trillion. The second element involves others' estimates of what the expectation for future capital expenditures will be in the next 25 years. These total $20 to $40 trillion. Bureaucratic expectations are that these capital expenditures would continue to be sourced through investors and bankers. That is now proven to be a false understanding on behalf of the bureaucrats. A failure of their understanding of business. These capital costs, including those already listed as property, plant and equipment on the bloated balance sheets of the producers will need to be recaptured from the only source with an adequate amount of cash to fund the industry on a prospective basis. The consumer will have to pay the costs of the energy they consume, the investors are refusing to subsidize them further. We believe that the amounts sitting in property, plant and equipment of the producers balance sheets today better represent the unrecognized capital costs of past production. Are in fact a reflection of the subsidy that investors have granted the consumers as these costs have not been realized appropriately due to bureaucrats' specious accounting and their desire to “build balance sheets.” Passing these capital costs, in a capital intensive industry, to the consumer in a timely and accurate manner is the only method in which this industry will be able to proceed profitably. This also being the only source of funding that the producers could ever generate. Investors will need at least a decade of proven “real” profitability before they’ll come back into the industry on a wholesale basis. The costs of this future will be fundamentally more complex with new categories such as reclamation, refurbishing and rebuilding the infrastructure being added. These costs have been incurred on behalf of the producers, as a result of providing for the consumers energy needs. Without a means of passing these costs on to the consumers, such as the Preliminary Specification does, they’ll continue to bankrupt the industry, or their investors under the bureaucrats' proven method of mismanagement.
It is People, Ideas & Objects, our user community and their service providers that are channeling these organizational structures towards innovation, productivity and profitability through software. It is software that defines and supports the organization. The only solution as it stands today, from a creative destruction and disintermediation point of view, is People, Ideas & Objects, our user community and their service provider organizations implementation of the Preliminary Specification. The natural forces of disintermediation and creative destruction are being obstructed through the diversion of industry revenues away from the development of initiatives such as the Preliminary Specification. And therefore are unnecessarily directly supporting the status quo behaviors that have been proven to be disastrous.
The Preliminary Specification, our user community and service providers provide for a dynamic, innovative, accountable and profitable oil and gas industry with the most profitable means of oil and gas operations, everywhere and always. Setting the foundation for profitable North American energy independence. People, Ideas & Objects have published a white paper “Profitable, North American Energy Independence -- Through the Commercialization of Shale.” that captures the vision of the Preliminary Specification and our actions. Users are welcome to join me here. Together we can begin to meet the future demands for energy. We’ve joined GETTR and can be reached there. Anyone can contact me at 713-965-6720 in Houston or 587-735-2302 in Calgary, or email me here.