People, Ideas & Objects Response to a Request for Proposal, Part V
Intellectual Property
People, Ideas & Objects are establishing the need to rebuild the oil & gas industry and producer firms as a result of the damage and destruction that has been caused by officers and directors of the producers. Their “muddle along” strategy has instilled a “do nothing” culture that provides a status quo existence that has not and will never show any capacity to change. Even the event of 2015 and all subsequent years in which investors have refused to participate further in the industry has not prompted a response or action. Where does the motivation arise from this environment in order to efficiently and effectively conduct this rebuild? Oil & gas is one of the most advanced science and technologically based industries. One that demands innovation and iterative development of those sciences in order to ensure adequate reserves and production is provided by a dynamic, innovative, accountable and profitable oil & gas and service industry. And to ensure that it always meets the conflicting objective of ensuring consumers are provided with abundant, long term supplies of reliable and affordable oil & gas.
The importance of Intellectual Property in the oil & gas 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 its Constitution. Copyright has to be published in order to be earned. Exposing it to the marketplace of ideas where it can be built upon and enhanced by others. It reduces the “me-too” phenomenon that the oil & gas bureaucrats have created and benefited from in order to generate price competition in the service industry, elsewhere and to ensure everyone was rendered “blind sleepwalking agents of whomever would feed them.” Is this the method that an innovative industry is built upon? With bureaucrats sitting on top of the primary industry of oil & gas 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 Intellectual Property and 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 or other IP 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. Focusing the energy and resources on the development of profitable new products and services. Providing the incentive and motivation for those with the ideas to do the subsequent hard work of making those developments. Fully protected from the IP poaching that’s occurred so often and actively sponsored by the producers officers and directors and which is culturally ingrained in oil & gas today. Not just for today, but for always and everywhere.
These copyrighted publications also enable an understanding of how things are done. Providing the means of which to build 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 necessary legal protection to enable the motivation for the individual 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 which includes all of the secondary and tertiary industries. The 21st century will be known for the leverage of Intellectual Property. Much as last century has leveraged mechanical effort. For officers and directors to be avoiding this or attempting to opt out is foolhardy in the extreme.
What is the motivation for people to develop their “ideas?” 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. Self interested officers and directors have been well compensated while the industry has been destroyed. A contrast due to the fact they’ve not been motivated by the discovery of ways in which they can build value. 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 individuals do the hard work that’s necessary? By bureaucratic command? 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?
Difficult work needs to be undertaken in a complex science and technology based industry in a 21st century business environment. Oil & gas is a critical necessity for the health and prosperity of our economy and way of life. One in which the environment and organizations we are presented with today can be assessed as wholly inadequate to meet those needs both today and the future. And what is potentially more difficult is they’ve shown no propensity to even recognize any of its issues or the need to make any changes. There is a need for significant development in all aspects of the greater oil & gas economy during this rebuilding period. A method of organization will be the first element necessary for a solution. However we have to address the issue of how that organization is formed and the subsequent pieces are put in place. The need to understand “how” those that are involved in this rebuilding will be motivated to do this hard work and where they can fit in is addressed in the Preliminary Specification. This is accomplished through the adoption of Intellectual Property as an organization construct that is defined and supported by the software and services People Ideas & Objects et al propose in this response to an RFP.
People, Ideas & Objects, our user community and their service provider organizations focus on providing all North American oil & gas producers with Cloud Administration & Accounting for Oil & Gas. Including the startup, small and junior oil & gas producers to ensure they’re provided with the full capacities and capabilities of the Preliminary Specification. This is due to the critical role and nature of their existence in terms of their dynamism and innovativeness. Currently we have a market in oil & gas where the officers and directors point to the startup to junior producers as causing the difficulties we’ve seen in the industry. In fact they may have become the officers and directors most recent, viable scapegoat! Our focus is appropriate, and we’re able to ensure these producers are able to enter the industry with far less barriers to entry by establishing all producers with the means to generate a second source of permanent revenues from day one. A ready market where the demand for earth science and engineering resources will be made available through the Preliminary Specifications Work Order, Resource Marketplace, Research & Capabilities and Knowledge & Learning modules. Providing them with the cash necessary to pay their mortgage, their Internet, to work from home and skip past the dog food aisle for their families nutrition. Introducing them and their experience, skills, knowledge, and ideas that form their capabilities to the broader oil & gas marketplace. We also eliminate that impossible wall of never ending overhead costs that consumed investors dollars year after year as the base of fixed overhead of the small to junior producer. Which is and has been the cause of their demise today. It didn’t matter how good their technical skills were, that’s not what determined their success or failure as a startup oil & gas producer, it was if they could get past that wall of base overhead costs.
Officers and directors have known the Preliminary Specification establishes a strong foundation for which the Intellectual Property of individuals within the industry. This value becomes available to those original authors, innovators and entrepreneurs which is in turn marketed to the oil & gas producer firms whose distinct competitive advantages include the coordination of the markets earth science and engineering capabilities and their land & asset base. This is provided through the Preliminary Specifications Resource Marketplace, Research & Capabilities and Knowledge & Learning modules that were published in final form in August 2012. From the Resource Marketplace module I summarized the point as.
Another key point is the tearing down of the basis of Intellectual Property (IP). An industry such as oil & gas which is based on its earth science and engineering needs. After all, it is a business based on science. If we are to expand the capabilities in science and innovation in the industry. We are going to need to solve many very difficult problems. And as we progress, the volume of ideas needed will be an order of magnitude of what is required today. These problems cannot be solved in an environment where there is no upside for the individuals to solve them. Addressing the motivation to solve these problems and enabling the people to earn the rights to the Intellectual Property within the People, Ideas & Objects application modules is the first step in making the necessary industry wide changes. This therefore will turn the oil & gas industry into a far more dynamic business.
With the oil & gas industry fundamentally destroyed as it is, its IP is also in disarray. The capabilities and capacities that are derived from it are deteriorating as we speak. Making this an IP gold rush in the industry, to save it from the bureaucrats. However, check your employment contracts they may have clauses that state while working for them all of yours is all of theirs. Consolidated producers' difficulty is that none of this is published and the act of publishing is how the copyright is earned. Patents and trademarks are defensive, in that they protect what is known of your IP at a point in time. Copyright is offensive and allows expansion of one's Intellectual Property through the creation of derivative works. Copyright does not secure for you the rights to an idea. It only provides you with the monopoly rights to the expression of that idea. Implying it must be pursued and maintained much in the manner that I do here.
The point of individuals earning the Intellectual Property rights is of particular interest in an industry that has its earth science and engineering capabilities, and land and asset base as its distinct competitive advantage. These seem diametrically opposed in terms of how they would function. What People, Ideas & Objects are suggesting is that there is no need and no benefit in having the producer firms own any of the Intellectual Property that supports “what, how and why” the industry operates. We need to address the motivation of how the industry progresses, how science and technology progresses innovatively and quickly. And address why this hasn’t been the case.
This Intellectual Property section of our RFP Response is ripe with conflict and contradiction. We stated earlier that the science and technology of shale was the most advanced, yet belittle the development of it over the past years. The contradiction is that I’m only suggesting oil & gas producers are in a static state. The development and implementation of shale technology would have been introduced decades earlier if the producers were able to keep up with the progress that was being made in the service industry. It is there, in the service industry where all the innovation and development has occurred. There is no benefit in a producer owning any IP on a drill bit. And we are extending the deployment of IP more broadly to the sciences of geology and engineering. What have been the bottlenecks to the further development of the industry these past many decades.
Business is changing quickly. Intels dominance in the market is now a constraint that is causing them to lag the market in consequential ways. As the dominant manufacturer of processors, theirs has been deemed a redundant business model. The business value is no longer in the manufacture of processors, it's in the design of them. Contract manufacturing is a commodity business where others are finding profits and opportunities in that area where Intel can not compete. In terms of design being the value, that is now the case and people should read the summary of Ampere Computing’s Leadership Team that now has one of the most powerful processors available. Oracle (a major shareholder) has declared they’re moving their cloud offering to Ampere processors, which Oracle’s Cloud is offering today.
This is the new business world and there are new business models. It comes down to one word, the individual. To organize society today, with its global reach, can no longer be done in a spontaneous manner. There is no serendipity when individual A meets individual B 1,000 miles away on the Internet through software providing them the means to conduct their business. Software defines and supports this style of organization. Without People, Ideas & Objects none of this oil & gas vision will come about by sitting and waiting for the phone to ring. At least it hasn’t happened yet.
The question also needs to be asked: why is it that Apple continues to innovate consistently? Although their products are more costly, they earn in excess of 80% of the profits of the mobile phone industry, they bring incremental value to their customers through the innovativeness they provide. They too rely on Intellectual Property as the basis of their value. They in fact consider themselves a software company that sells hardware in order to bring about that customer value. Again, software defines and supports their organization. Who would run a company that sources their handful of products from a number of countries that total in excess of 3.5 billion in population? And then have the gall to snap their fingers and say “now innovate.” It doesn’t happen without software.
For producers to be doubling and tripling down on their failed vision is the method chosen to resolve the oil & gas industry and producer issues by the current officers and directors. Raising the viable scapegoat that it's the small producers who are overproducing in order to meet their bank payments causing the disaster in the industry today. When officers and directors raise this argument we see the source of their own future demise. For them to admit the overproduction issue is attributable to their own actions would never cross their minds. Everything is always someone else's fault. Should they be successful in implementing SAP or other means to secure their method of organization and management this will most certainly continue.
We’ve defined our alternative vision in the Preliminary Specification and would note that it’s in stark contrast to the clean energy vision that producers and SAP are attempting to transition to. Disintermediation is best defined as the removal of the bureaucracy and red tape that is rendered redundant through the use of the Internet. Although the world is unaware of “how” and “what” the producers current consolidation driven vision will operate as, or any details, we can only speculate as to why it’s being done when all other industries are, and not by choice, finding efficiency in the decentralized methods of organization and disintermediation through technology. People, Ideas & Objects have repeatedly stated the fact that each boe provides 10 to 25 thousand man hours of equivalent labor, or 28 to 71 times the entire global population. Officers and directors capitulation of shale resources for clean energy should be seen as irresponsible when we understand that it’s the world's most powerful economy that is the largest consumer of energy. Why aren’t the officers and directors seeking to make shale profitable?
Due to the demands for earth science and engineering resources in the near future. We’ve discussed how specialization and the division of labor are being used in the Preliminary Specification to deal with these associated resource demand issues. Conceptually we have implemented the pooling concept where the ability to have the Joint Operating Committee assigned with the available technical resources of each of the producer firms would be how the property was managed from an earth science and engineering perspective. The pooling concept being the replacement of the operator role. Establishing the second source of revenue for the producer and its supporting administrative infrastructure in the Preliminary Specification. We have also implemented the necessary governance model to support these resources with the appropriate organizational structure to ensure effective operations across the producer and each of their Joint Operating Committees.
Two other interesting aspects of Intellectual Property are first, what’s known as the safe harbor provisions. Why don't producers turn around and launch a lawsuit against these 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. Secondly, the division of tacit and explicit knowledge. Tacit knowledge can not possibly be captured or written down. Only explicit knowledge can. Therefore it is up to people to take the explicit knowledge they have and apply their tacit knowledge as a service to support their IP and generate their value. These are as important as the IP itself. Just as People, Ideas & Objects user communities service provider organizations deliver our software and their tacit knowledge to the producer firms.