Yesterday, I discussed Synergic Trusting and Synergic Trusts. That essay was a preamble to this morning’s article.
Timothy Wilken, MD
Creative Commons is a new web service that is focused on expanding the intellectual commons. From the description on their website:
“Creativity and innovation rely on a rich heritage of prior intellectual endeavor. We stand on the shoulders of giants by revisiting, reusing, and transforming the ideas and works of our peers and predecessors. Digital communications promise a new explosion of this kind of collaborative creative activity. But, at the same time, expanding intellectual property protection leaves fewer and fewer creative works in the “public domain”–the body of creative material unfettered by law and, to quote Supreme Court Justice Louis Brandeis, “free as the air to common use.”
“Until 1976, creative works were not protected by U.S. copyright law unless their authors took the trouble to publish a copyright notice along with them. Works not affixed with a notice passed into the public domain. Following legislative changes in 1976 and 1988, creative works are now automatically copyrighted. We believe that many people would not choose this “copyright by default” if they had an easy mechanism for turning their work over to the public or exercising some but not all of their legal rights. It is Creative Commons’ goal to help create such a mechanism.”
As a step towards the creation of such a mechanism they suggest the following categories of non-copyrighted intellectual property.
Option 1: The Public Domain Option
The public domain is the set of information and creative works in which no private party holds any exclusive right or privilege and which is “free as the air to common use,” as Supreme Court Justice Louis Brandeis once put it. If you choose to dedicate your work to the public domain, you will give up all of your rights in that work, permanently, and thereby free the work for infinite reuses. Anyone can distribute, copy, modify, or build upon any work in the public domain at any time, without anyone’s permission. Read more about the importance of a vibrant public domain.Option 2: The Creative Commons Custom Licensing Option
If you prefer to make your work available to the public subject to certain conditions, and to retain ownership of your copyright, you could instead choose to create a Creative Commons Customs License.The contributor application will help you build the combination of generous license terms that reflects your priorities. We have the following license terms in mind, but if you are a copyright holder interested in cultivating the Creative Commons, we want your feedback about whether these terms suit your preferences.
Attribution. Permit others to copy, distribute, display, and perform the work and derivative works based upon it only if they give you credit.
Noncommercial. Permit others to copy, distribute, display, and perform the work and derivative works based upon it only for noncommercial purposes.
No Derivative Works. Permit others to copy, distribute, display and perform only verbatim copies of the work, not derivative works based upon it.
Non-Public. Permit others to make private copies of the work and derivative works, but not to distribute or publicly to display or perform them.
Copyleft. Permit others to distribute derivative works only under a license identical to the license that governs your work.
While these options seem good for Humanity as Community, they don’t seem to do much for Humanity as Individual. As a synergic scientist studying the process of “working together”, I am always concerned to see that all parties to a relationship benefit—that all parties to a relationship win. This was why I created the TrustMark.
What are TrustMarked files?
Trust is not a new word for humanity. It was coined long ago when the world was dominated by the adversary way. Trust meant that I could rely on you not to hurt me. It was safe to assume that you were not my enemy.
Synergic trust means means more. It means that while I can rely on you not to hurt me, I can further rely on you to help me. It is not only safe to assume that you are not my enemy, but I can count on you as a friend.
Friends, you are welcome to download files from The Time-binding Trust without obligation. However to protect the integrity of these files, we ask that you not alter their contents in any way nor remove this TrustMark label. There are no other conditions or restrictions. You are encouraged to copy the files freely and distribute them to whomever you choose.
If you discover that the files of The Time-binding Trust are of value to you, and you wish to support the Trust, you may choose to help us directly with your actions or if more convenient for you by making support payments. If your use of The Time-binding Trust provides you with continuing value, you are welcome to give the Trust continuing support. The amount, frequency, and timing of all gifts of support are entirely at the discretion of the giver.
We trust ourselves to have created a valuable service that will help you. We trust you to recognize that value and choose to help and support us.
We believe that helping others leads to others helping us.
We believe in Co-Operation. Co-Operation is operating together so that we all win.
You help.
Others help.
You help others.
Others help you.
You help others help you.
Others help you help others.
You help others help you help others.
Others help you help others help you.
The TrustMark removes all barriers to the dissemination of knowing. I think this is what is missing from the Creative Commons contributor concept. The implication is that either Humanity as Community wins by individuals donating their ideas to the commons, or that Humanity as Individuals win by asserting their property rights with use of copyright.
The TrustMark is a synergic solution. It seeks a mutual win.
However, I am pleased to see the existence of Creative Commons. I think it is time for humanity to rethink our concept of property. We need to adjust our definition of Property to one that is compatible with synergic science.
PROPERTY—def—> Wealth created by human action and leverage. It belongs to the individual(s) whose action and leverage created it. All humans are entitled to the fruits of their action and leverage. All human-made wealth is property, and all property has an owner. The owners of property have 100% control over their property as long as such control does not injure others, this prohibition of injury includes other individuals’ property, and the synergic trusts.
Property Rights —> Owner(s) may transfer partial or complete control of their own property to others as they choose. They may sell, trade, rent, lease, license, gift, or donate their property as they please.
Intellectual Property —>Thinking is recognized as a powerful form of action. Ideas, discoveries, hypotheses, theories, and technology designs are therefore property. Synergic science recognizes Galambos’ definition of Primary Property and fully accepts Intellectual Property Rights. Primary Property—Ideas, discoveries, hypotheses, theories, and technology designs can be used to develop Secondary Property—technology artifacts or tools which leverage further action.
Action and Leverage
Synergic Economics accepts that wealth produced from human action and from human leverage is property. Therefore, wealth created by human action and leverage is owned by the individual(s) acting and the individual(s) leveraging.
The animal has action, but only we humans have leverage. While our human action can be applied directly to solving problems and meeting our needs, the labor of our backs does not take advantage of our Time-binding power. We humans owe our great success not to our muscular strength, but to the intelligence we can use to guide that strength, and the leverage we gain by using tools. Remember, we humans are the tool makers and tool users.
If I am a skilled tool user, I can use my skilled action to serve myself and others. If I am a skilled tool maker, I can leverage my action and the action of others to serve myself and others.
Thinking is recognized as a powerful form of action. Ideas, hypotheses, theories, and discoveries are therefore property. Synergic Economics recognizes Galambos’ definition of Primary Property and fully accepts Intellectual Property Rights. Primary Property—Ideas, hypotheses, theories, and discoveries, and technology designs can be used to develop secondary property—technology artifacts or tools which leverage further action. Therefore, synergic science recognizes property rights based on two forms of human behavior—Action and Leverage.
plunder
plunder—def—> Property or Trust acquired with force or fraud—all adversarily acquired Property or Trust. Stolen property is plunder. Exploited Trust is plunder. This includes Trust that is used or controlled in violation of the Synergic Trust Responsibility. Synergic Trust that is used without helping others is plunder. Synergic Trust that is used to hurt others is plunder. Causing damage to the Life, Earth, or Time Trusts is plunder. And, using Time Trust to hurt others is also plunder.
Any individual who steals property with force or fraud is accorded no property rights. Plunder cannot be sold, traded, rented, leased, licensed, gifted, or donated to anyone. Possession of plunder even when obtained innocently does not entitle the possessor to property rights. It should be returned to its rightful owner, if that is not possible then the rescued Property should be placed in the Custody of the appropriate Guardian Trustees.
We can now update our definition of Synergic Wealth.
Synergic Wealth —def—> Life itself and that which promotes human well being generally—that which satisfies human needs of self and other—that which promotes mutual survival and makes life meaningful for self and other. This then includes all Property and all Synergic Trust.
Synergic Wealth is then 1) Life itself including the Life Trust 2) Human Action—Mental and Physical—Thinking, Action, and Behavior—Primary Property 3) Human Leverage—Mental and Physical—Intellectual Property in the forms of Theories, Discoveries, and Technology Designs—Primary Property, and Physical Property such as Tools, Technology Artifacts, and Products—Secondary Property, 4) the Time Trust, and 5) the Earth Trust.
plunder is not Synergic Wealth. As stolen Property or exploited Trust it has been removed from the Synergic Wealth pool to serve the criminals’ needs.
If and when stolen Property is rescued by synergic justice, then it is returned to its rightful owners, or if that is not possible it is placed in the protective custody of the appropriate Trustees. If and when exploited Trust is rescued by synergic justice, it is returned to the protective custody of the appropriate Trustees.
Mixing Property and Trust
There is often an area of overlap with Synergic Trusts and Property being mixed. For example, animals trained as security agents would be a blend of Life Trust (the animal) + Property (the training and care). Also Synergic Trusts often require property to make them valuable. As example, Earth Trust (crude oil under the ground) has no value until property (oil well technology—finding, drilling, pumping, transporting) is added.
Andrew J. Galambos, Freedom100: Capitalism—The Liberal Revolution, Free Enterprise Institute, Los Angeles, Privately Published 1961
Alfred Korzybski, The Manhood of Humanity, E.P. Dutton & Co., New York, 1921
Redefining the Future —Expanding our definitions
Continuing from yesterday’s discussion of Synergic Trusting and Synergic Trusts. We can now recall my earlier definitions of synergic wealth:
SYNERGIC WEALTH —def—> Life itself and that which promotes human well being generally—that which satisfies human needs of self and other—that which promotes mutual survival and makes life meaningful for self and other. This then includes all Property and all Synergic Trust.
SYNERGIC WEALTH is then 1) LIFE itself including the LIFE TRUST 2) HUMAN ACTION—Mental and Physical—Thinking, Action, and Behavior—Primary Property 3) HUMAN LEVERAGE—Mental and Physical—Intellectual Property in the forms of Theories, Discoveries, and Technology Designs—Primary Property, and Physical Property such as Tools, Technology Artifacts, and Products—Secondary Property, 4) the TIME TRUST, and 5) the EARTH TRUST.
plunder is not Synergic Wealth. As stolen Property or exploited Trust it has been removed from the Synergic Wealth pool to serve the criminals’ needs.
If and when stolen Property is rescued by synergic justice, then it is returned to its rightful owners, or if that is not possible it is placed in the protective custody of the appropriate Trustees. If and when exploited Trust is rescued by synergic justice, it is returned to the Protective custody of the appropriate Trustees.
Korzybski’s Indexing
Now that we have carefully defined Wealth, we can utilize a derivative of Korzybski’s IndexingTT to identify what form of wealth we are talking about.
PropertyP is designated with superscript P. Life TrustLT is designated with a superscript LT. Earth TrustET is designated with a superscript ET. Time-binding TrustTT is designated with a superscript TT. And plunderp is designated with a subscript p.
Some examples would be: my computerP, the American eagleLT,the EarthET, Einstein’s Theory of RelativityTT, and the thief was arrested in possession of several cellular phonesp.
Synergic Trustees
Recall, I said earlier that all humans are synergic trustees.
We are Earth Trustees for the land and natural resources we granted use of for our personal needs. We must conserve and protect those Earth resources that we are entrusted with. This is an obligation to humanity as community and to the Earth Trust.
We are of course the Life Trustees of our own bodies. We should take good care of ourselves. Take care with our health and nutrition. As parents we are the Life Trustees for our children until they are adults. We must not harm ourselves or our children. We must live in ways to help ourselves and our children. This is an obligation to humanity as community and to the Life Trust.
We are also the Time-binding Trustees of all the knowledge and skills that we personally have mastered from our study of the past. We must strive not to hurt others with this knowledge and skill. We should try and help others to whatever extent we are capable.
In synergic culture, all humans are granted access to the Time-binding Trust at birth. Every human may make full use of the knowing contained in the Time-binding Trust as long as that use does not hurt others.
Personal or educational use of the Time-binding Trust is encouraged without limit or restriction. Knowledge cannot be consumed. Using the Time-binding Trust does not in any way diminish it.
Every human who gains economically from their use of the Time-binding Trust is required to acknowledge and give credit to the innovators and creators of the knowledge they are using.
They are further encouraged to help others to the extent they are capable—helping is a basic synergic value. Who they choose to help and to what extent they help is entirely voluntary—entirely their own personal choice. And, while synergic culture encourages its members to help others, there is no coercive obligation to do so.
Furthermore, economic gain from use of the Time-binding Trust creates no economic obligation to the Time-binding Trust or anyone else.
Intellectual Property
New ideas, discoveries, hypotheses, theories, technology designs, inventions, as well as new art, music, and writing are not a part of the Time-binding Trust. This is intellectual property. Or, what Galambos called Primary Property. All property has an owner. We cannot use property without the explicit permission of the owner. Recall our earlier definition:
PROPERTY—def—> Wealth created by human action and leverage. It belongs to the individual(s) whose action and leverage created it. All humans are entitled to the fruits of their action and leverage. All human-made wealth is property, and all property has an owner. The owners of property have 100% control over their property as long as such control does not injure others, this prohibition of injury includes other individuals’ property, and the synergic trusts.
Intellectual Property —>Thinking is recognized as a powerful form of action. Ideas, discoveries, hypotheses, theories, technology designs, inventions, as well as art, music, and writing are therefore property. Synergic science recognizes Galambos’ definition of Primary Property and fully accepts Intellectual Property Rights. Primary Property—Ideas, discoveries, hypotheses, theories, and technology designs can be used to develop Secondary Property—technology artifacts or tools which leverage further action.
Property Rights —> Owner(s) may transfer partial or complete control of their own property to others as they choose. They may sell, trade, rent, lease, license, gift, or donate their property as they please.
In today’s world there is much interest in intellectual property. Property in ideas are protected to some extent under patent and copyright statutes. Patent & Intellectual Property Lawyers Laurence R. Hefter and Robert D. Litowitz explain:
“In today’s world a patent is a contract between society as a whole and an individual inventor. Under the terms of this social contract, the inventor is given the exclusive right to prevent others from making, using, and selling a patented invention for a fixed period of time in return for the inventor’s disclosing the details of the invention to the public. Thus, patent systems encourage the disclosure of information to the public by rewarding an inventor for his or her endeavors.
“Although the word “patent” finds its origins from documents issued by the sovereign of England in the Middle Ages for granting a privilege, today the word is linked synonymously with this exclusive right granted to inventors. The World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights provides the international standard for duration of patent exclusivity, which is 20 years from the date of filing. All World Trade Organization members will be obligated to meet this standard. Under all patent systems, once this period has expired, people are free to use the invention as they wish.
“Any invention, either a product or a process for creating a product, “provided that they are new, involve an inventive step, and are capable of industrial application.” In other words, to be patentable, an invention must be novel, useful, and nonobvious. A prerequisite to patentability is that the invention must be capable of some practical application.
“A copyright is an exclusive right to reproduce an original work of authorship fixed in any tangible medium of expression, to prepare derivative works based upon the original work, and to perform or display the work in the case of musical, dramatic, choreographic, and sculptural works. Copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, or embodied. Rather, copyright protection is limited to an author s particular expression of an idea, process, concept, and the like in a tangible medium.
“Copyright protection automatically subsists in all works of authorship from the moment of creation. The World Trade Organization Agreement provides a minimum standard for duration of copyright protection. In the case of a person, the term is the life of the author plus 50 years.
“The exclusive rights granted to the copyright owner do not include the right to prevent others from making fair use of the owner s work. Such fair use may include use of the work for purposes of criticism, comment, news reporting, teaching or education, and scholarship or research.
“To secure copyright protection, the work in question must be an original work of authorship fixed in a tangible medium of expression. Works of authorship that fall within this definition may include:
Literary works (including computer programs);
Musical works and accompanying lyrics;
Dramatic works and dialogue;
Pantomimes and choreographic works;
Pictorial, graphic, and sculptural works;
Motion pictures and other audiovisual works; and
Sound recordings.
“It is important to note that the laws of many countries do not limit the type or form of work because authors are continuing to invent new ways of expressing themselves.
Property clearly plays an important role in our present Neutral political-economic system. Property will play an important role in a Synergic political economic system as well. Those those desiring to use Intellectual Property will need to come to terms with the owner of the property. I expect most owners would want their property used as widely as possible, happy to receive a use fee or Lever Royalty. The terms and amount of the royalty would be negotiated and determined by the owner and those desiring to use the Intellectual Property. Elsewhere in my paper entitled the Organizational Tensegrity, I discuss synergic mechanisms for determining and paying Lever Royalties for the use of Intellectual Property.
Intellectual Property Rights
Recall as Hefter and Litowitz explained, in today’s world:
“Authors which incudes scientists, writers, artists, and musicians can copyright their works. However, copyright protection is limited to an author’s particular expression of an idea, process, concept, and the like in a tangible medium. Copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, or embodied.”
Galambos’s definition of property provided much greater rights to both Inventors and Authors. Under Moral Capitalism the right to control one’s property was an absolute with the only limitation being that you could not hurt others with your property. This right of course extended to intellectual property since after life itself, primary property was the most important form of property.
And, Intellectual Property rights were not limited to an author’s particular expression of an idea, process, concept, and the like in a tangible medium. Intellectual Property rights did extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, or embodied.
Galambos recognized that independent discoveries and independent inventions did and do occur. So individuals with strong evidence of independent discovery or independent invention were fully entitled to property rights.
As a synergic scientist, I am in agreement with Galambos’ call for a greater degree of intellectual property rights, and I accept the occurrence of genuine independent discoveries and inventions, and the need for a mechanism of justice to arbitrate property disputes.
Duration of Property Rights
Again, Hefter and Litowitz describe our present world:
“Current international statutes degree that the inventor of a new tool can file for a patent granting exclusive right of ownership for a period of 20 years from date of filing.
“The duration of copyright protection in the case of a person is for the duration of the life of the author plus 50 years.”
In Moral Capitalism, the duration of property rights were not to be limited.
According to the precepts of Moral Capitalism, Isaac Newton as the recognized innovator of the Laws of Motion would have intellectual property rights throughout his life, and these would not terminate even upon his death. Galambos invented the concept of a “Natural Estate”, the intellectual property rights of an innovator persisted even after death. A Moral Corporation was to be charged with the authority and responsibility for managing the intellectual property rights of the deceased innovator within his “Natural Estate”.
This Moral Corporation, representing the “Natural Estate”, would license the intellectual property of the deceased innovator to present humanity for moral (non-coercive) use. In our example, Newton’s intellectual property (The Laws of Motion) would earn revenue shares as a monetary payment of gratitude.
Since the Industrial Revolution is based in large part on the secondary property derived from Isaac Newton’s primary property (the Laws of Motion), one could easily imagine that the size of Isaac Newton’s “Natural Estate” would result in the creation of an enormously wealthy and powerful Moral Corporation.
With the large amount of intellectual property in the history of humanity there would be need for many Natural Estates. The largest Natural Estates would be those of the most important innovators in human history—Archimedes, Leonardo da Vinci, Hippocrates, Louis Pasteur, Alexander Graham Bell, Thomas Edison, George Washington Carver, Rudolf Diesel, George Eastman, Albert Einstein, Daniel Gabriel Fahrenheit, Michael Faraday, Galileo Galilei, etc., etc., etc..
Galambos envisioned that the Natural Estate industry would become the dominant industry in a proprietary future dominated by Moral Capitalism. He saw the Natural Estate mechanism as a complete replacement for government. After all in a world where everything is property and where there is no such thing as a small interference with property, protecting property is the only rule. Moral Capitalism results in a completely proprietary world.
Unfortunately, the Natural Estate mechanism while a clever idea does not work, and in fact can not work.
The Nature of Intellectual Property
Intellectual Property is slippery, hard to keep track of. When I learn something, I often place the fact in my mind without a proprietary footnote. This is true for all humans. There is presently no way to record or print out a copy of the human mind. And, if I am reading many different authors, talking with many different people, surfing the internet, listening to the radio, watching television, there are enormous numbers of different ideas and thoughts that I am exposed daily, let alone in a lifetime of living and thinking. Is this my original idea ? Sometimes I don’t even know for sure myself.
And, my mind was already full of all the knowing that I have learned and mastered from the past. If I think in English, then the very structure of the languange I use to order my thoughts would belong to whoever invented the English language. And since language is build overtime often one word or phrase at a time, we are probably not talking about one innovator, but maybe hundreds, or thousands, or millions. And then, there is the language of mathematics, physics, biology, chemistry, art and music. Most of what I know I learned from the dead. If that is property how do we sort it all out.
And, some of what I learned is from people who are still living. That is other people’s intellectual property, but at least they are still alive to represent themselves and their property rights.
Objectifying a living individual’s knowing is difficult, but doable. I can write down my ideas. I can tell my ideas to others. I can make written, digital, audio and video recordings. I can be interviewed, questioned. Asked to explain how I created the idea, and what was my train of thought.
However, all ability to objectify my knowing ends with my death.
It would create a world full of humans looking back at the past with endless struggles between “Natural Estates” arguing over who owns what. And, how do you settle these property disputes, when all the principles are dead ?
Creating human organizations to the manage the intellectual property of the dead is fraught with enormous difficulties. Do the executors of Albert Einstein’s Natural Estate even understand his intellectual property.
Worse yet, who has the right to select those living humans to manage Natural Estates. It is first come, first served. I could announce tomorrow that I am the executor of Archimedes’ Natural Estate and that everyone who uses leverage in anyway owes Archimedes a revenue share. Imagine the revenue that could produce. And, of course I could pay myself quite well as Archimedes’ executor. Who decides ? Who arbitrates ? Certainly, Archimedes wouldn’t care.
And, why not just announce myself as the executor of the Natural Estate for the Inventor of the wheel or for the inventor of language. Wheels are everywhere from ox carts to 767s, who wouldn’t pay royalties on the wheel. And, language there is no one who is called human that doesn’t use language. Everyone who talks must pay my company a royalty.
Death and Inheritance
The dead have no needs including no need of wealth.
WEALTH —def—> That which promotes human well being—that which satisfies human needs—that which promotes both human survival and human meaning.
The dead have no actions nor do they lever others action. The dead cannot control Property or Trust, and therefore have no Property rights nor Trust privileges.
PROPERTY—def—> Wealth created by human action and leverage. It belongs to the individual(s) whose action and leverage created it. All humans are entitled to the fruits of their action and leverage. All human-made wealth is property, and all property has an owner. The owners of property have 100% control over their property as long as such control doesn’t hurt others.
At the time of death, all primary property of the deceased passes into the Time-binding Trust. This includes all known ideas, discoveries, hypotheses, theories, and technology designs.
When a creator of scientific knowledge dies their Primary Property passes into the Time-binding Trust. Those desiring to use Time-binding Trust like Haskell’s Periodic Coordinate SystemTT, Galambos’ Automatic Remoteness DilutionTT, or Einstein’s Theory of RelativityTT can do so as long as their use of these Trusts with synergic responsibility—they do not hurt anyone with the leverage gained by using the trust, and they acknowledge and give credit to the innovator of that knowledge. No revenue share is paid for use of a Time-binding Trust.
Synergic Associate Daan Joubert asks: “Suppose an innovator dies suddenly. What happens to the immediate family and the dependents that are supported from the income stream provided by the licensing of the innovator’s intellectual property. — wife or husband, and minor children ?”
But, during the bridge period, perhaps there could be some time period when existing contracts for use of the innovator’s intellectual property would continue. How long? The life of the spouse? Until minor children reach some age of adulthood. In today’s world perhaps that should be after college. (age 21) ?
Daan Joubert asks: “And, what about the situation where the work of the innovator was in progress at the time of the innovator’s death, suppose his/her innovations were not finished. Shouldn’t it be possible to appoint a curator of the ideas with a protected period of say 10 years, to complete the work as envisioned by the innovator?”
However with that said, if the innovation has not yet been disclosed to the public, or only partially disclosed to the public, then the innovation is still private. There is no mechanism for private (not know by the public) intellectual property to enter the Time-binding Trust until it is made public by the act of disclosure. If the innovator was working with an associate, or team of associates, they could continue, finish the innovation and then go public.
Also, it is important to note any individual(s) who continue working on the innovation, making improvements to that innovation are creating new intellectual property of their own with intellectual property rights.
So innovations should not be stranded by the sudden death of an innovator.
If you want to use the intellectual property of a living innovator. You have to ask permission and make an agreement for that use. The living innovator has property rights. As an owner he/she may transfer partial or complete control of their own property to others as they choose. They may sell, trade, rent, lease, license, gift, or donate their property as they please.
Secondary property can be inherited—this includes artifacts of any kind or size—houses, buildings material possessions and physical products—technology artifacts or tools.
Land can not be owned. If you inherited a house or building you would be responsible to make the lease payments to the Earth Trust for the site upon which the house or building stand.
Read more about a Synergic Future