Archive for March 24th, 2004

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Wednesday, March 24th, 2004

From the SynEARTH Archives. The Protecting the Future series: 1) Beyond Property 2) Wealthy Beyond our Dreams


The truth is especially hard to believe if it requires that we take action — if it requires that we change. If humanity is to have a future, we must take action — we must change. If humanity is to have a future, we must believe the truth. If majority rule democracy is obsolete and no longer the best system of human government, what other things do we believe that are equally wrong? In part one of this series, I wrote:

Truth #1—Possessions are not necessarily property.

The possession of an object does not mean that the possessor has a moral or rational claim to ownership of the object. The political, economic, and social structures of our present world are all based on our concept of ‘property’ and property rights. If we define property as those possessions that were acquired by 1) either paying a fair price in a free market to the rightful owner, or 2) that which is produced by the mind and hands of the owner. Using this definition, most of today’s possessions are plunder and not property. In today’s world plunder is common and property is rare.

Truth # 2—The majority of human wealth is a gift.

The vast majority of human wealth is a gift free for the taking, and cannot be morally or rationally claimed as property by any individual.

The land and natural resources are wealth provided to us by God and Nature. The sunshine, air, water, land, minerals, and the earth itself all come to us freely. The Earth’s land and natural resources are not products of the human mind or body. They existed long before humankind emerged on our planet. There exists no moral or rational basis for any individual to claim them as Property.


Synergic Trusts – Moving Beyond Property 

Timothy Wilken, MD

The collective term we humans use to describe what we value is ‘wealth’. Synergic wealth is that which supports life for self and others.  Synergic Wealth comes in two forms: Synergic Trust and Property.

Synergic Trust — wealth that comes to us as a gift

This includes the Life Trust — life itself, the plants and animals which are a gift from God, and Nature, and our human bodies which are a gift from God, Nature, and our Parents.

It includes the Earth Trust — the sunshine, air, water, land, minerals, the earth itself all of which come to us freely. This wealth is provided to us by God and Nature.

And, thirdly it includes the Time-binding Trust — the accumulated ‘knowing’ from the time-binding of all the humans who have ever lived and died. Our inherited Wisdom, Knowledge, and Information including Architecture, Art, Literature, Music, Science, and Technology. It is the Time Trust that forms the basis of all human progress.

We humans are the beneficiaries then of three major trusts — the Life Trust, the Earth Trust and the Time-binding Trust. We, humans can not and do not own these trusts. They are not derived of our lives. They are not the product of our mind or labor. We have not paid for them. There is no moral or rational basis for us to claim ownership. They are not property.

If we wish to use and control these trusts, then we must act as trustees, and then only if we act responsibly. As responsible trustees, we must preserve and protect these trusts. We must act as conservationists.

“Conservation is the sustainable use of natural resources—soils, water, plants, animals, and minerals. The natural resources of any area constitute its basic capital, and wasteful use of those resources constitutes an economic loss. From the aesthetic viewpoint, conservation also includes the maintenance of national parks, wilderness areas, historic sites, and wildlife.

“Natural resources are of two main types, renewable and nonrenewable. Renewable resources include wildlife and natural vegetation of all kinds. The soil itself can be considered a renewable resource, although severe damage is difficult to repair because of the slow rate of soil-forming processes. The natural drainage of waters from the watershed of a region can be maintained indefinitely by careful management of vegetation and soils, and the quality of water can be controlled through pollution control.

“Nonrenewable resources are those that cannot be replaced or that can be replaced only over extremely long periods of time. Such resources include the fossil fuels (coal, petroleum, and natural gas) and the metallic and other ores.”

The Life and Earth Trusts are perishable. They do not belong to us. We must protect them for our children, and for all future children. The Time-binding Trust is less susceptible to damage by the user. Using knowledge or technology designs does not diminish their future value, but it must also be used responsibly. We must not hurt others with any trusts that we control. In fact, we should help others to whatever the extent we are capable.

All humans are trustees. 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. 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.

TRUST—def—> Wealth provided as a gift — The Life Trust includes our bodies as provided by God, Nature, and our Parents in addition to all other forms of life — the plants and animals provided by God and Nature. The Earth Trust includes the Earth itself and all Natural Resources provided by God and Nature. And, the Time-binding Trust includes all the accumulated knowing and technology from the mental and physical labor of all those humans who lived and died before us. These three trusts can be referred to together as the Synergic Trusts.

In our present Adversary-Neutral Culture with its Pseudo-Independence, it is to common to boast that “I don’t owe anybody anything.” This could hardly be farther from the truth. Without our gifts from the Synergic Trust, we humans would have nothing, not even our lives. Without the gifts from the Time Trust, we would achieve nothing, each generation trapped at the subsistence level of the animal fighting and flighting to survive.

The scientific reality is that we humans owe nearly everything we are or have to God, Nature, and those humans who have lived and died before us. We are dependent on others. And sometimes others can depend on us. We humans are the Interdependent class of life.

Because Trusts are not property, control of Trust is a privilege and not a right. In synergic culture, humans may control Trusts as long as they exercise Synergic Responsibility.

Synergic Responsibility—def—>

1) Trustees must help others through their control and use of the Synergic Trusts.

2) Trustees should not hurt others through their control and use of the Synergic Trusts.

3) Trustees should preserve and protect the Synergic Trusts they use and control. They should not damage the Synergic Trusts.

Synergic Responsibilty is an obigation that is incurred by all Trustees of the Synergic Trusts. Any Trustee who violates their Synergic Responsibilities would lose their Trustee privileges.

Synergic Trusts are a gift for all humanity both the living and those waiting to be born. They must be shared equitably and in perpetuity. Synergic Trusts and the mechanisms to preserve, protect and administer them for the benefit and and weal of all humanity must be developed now. They will play a crucial role in a synergic future. This role will be explained in much detail in a later chapter. But first we must talk of that form of wealth called property.

 

The Proper Role of Property

I explained that most human wealth is a gift and cannot be owned. As such it is a mistake to call this form of wealth property. Therefore, I coined the term “Synergic Trust” to represent wealth received as a gift. However, some wealth is property.

Property — wealth that we earn with our action and/or our leverage

Action is how most humans earn their livings today. We work for salaries using either the action of our bodies, or solve problems using the actions of our minds. Our understanding of Time-binding has revealed that thinking is the most powerful form of human action. Many of us earn our livings today by thinking.

Tools allow humans to lever the power of their action. Humans are tool users and tool makers. If I am a skilled tool user I can sell my actions to serve others with my skills. If I am a skilled tool maker, I can sell the tools I make to give other leverage increase the effectiveness of their action. Thinking can produce ideas and discoveries which lead to hypotheses and theories which lead to technology designs which allows us to build technology artifacts or tools which leverages action further.

Property is synergic wealth created by human action and leverage.

Property is not received as a gift, but is that which is earned by the labor of mind or body. Property is owned by the individual acting and the individual providing the leveraging.

Now let’s examine Volitional Scientist Andrew J. Galambos’ definition of property with my annotated comments in colored font:

“Property is individual man’s life and all non-procreative derivatives of his life.

“Property is the basis of ownership because to own means to have and hold Property. From the definition of Property, it follows that man must first own his life before he can own anything else. Life itself is defined as primordial Property.

I define the human body and the spark of life itself to be part of the Life Trust. Our bodies and life itself is a gift from God, Nature, and our Parents. As the Life Trustees of our own bodies and life itself, we owe some responsibility to God, Nature, and to our Parents. This obviously has some implications for how we use or abuse our bodies.

However, I can agree that human actions and human behaviors can be considered property, and since our lives are mostly determined by our actions and our behaviors it would follow that our lives can be considered to be our property. Galambos continues:

“No one may own any man but himself. Thus, Property excludes slavery at the outset.

“The first derivatives of man’s life are his thoughts and ideas. Thoughts and ideas are defined as primary Property.

“From the definition, man owns primary Property and, through this ownership, intellectual freedom arises and inspires knowledge and production. From primary Property (ideas) stem actions.”

Galambos’ concept of primary property legitimizes the concept of intellectual property rights, and forms the rational basis for ownership of one’s actions. Galambos continues:

“Ownership of one’s own actions (clearly a Property right) is commonly called liberty. Liberty, then, as well as life itself, is a Property right. Since all so-called human rights depend upon man’s liberty, it follows that all human rights are Property rights. There can be no conflict!”

Property rights come with Property Responsibilites. I agree with Galambos that you should not injure other while exercising your property rights. But synergic responsibilty goes further in that you are encouraged to use your property to help others.

Synergic Trust privileges come with Synergic Trustee Responsibilities which are even greater than Property Resonsibilities. Here again, you should not hurt others while controlling a trust, but in addition you must help others. Helping others is a requirement of Guardian Trustee responsibility. In addition, Guardian Trustees are bound to protect and preserve the Synergic Trust. Galambos continues:

“Ideas and actions produce further, or secondary, derivatives. These include the access to and use of land.”

Access to land and other natural resources are controlled by the Earth Trust in a synergic culture. One can gain control over land and natural resources, but only with acceptance of Synergic Responsibility—you cannot hurt anyone, and you must help others to the extent possible. In addition, one must act as a good conservationist you cannot damage or pollute the land. Galambos continues:

“Other secondary derivatives include the production, utilization, enjoyment, and disposal of material, tangible goods of all kinds from ash trays to television sets, from log cabins to skyscrapers, from oxcarts to jet planes.”

Complex secondary derivatives such as television sets, skyscrapers, and jet planes contain significant amounts knowlege and technology from the Time Trust. In synergic culture all humans are free to make use the Time Trust and incorporate our inherited ‘knowing’ into their products as long as their use of the trust does not hurt anyone. For example in synergic culture, it is immoral to use the knowledge of physics to make weapons. Galambos continues:

“These are called secondary Property. They are secondary both logically and chronologically. In all instances, their existence is antedated by primary Property which led to their generation and employment.”

Alfred Korzybski makes a similar distinction to primary and secondary property with his discussion of two kinds of wealth:

“We have seen that the term wealth, rightly understood, means the fruit of the time-binding work of humanity. Wealth is of two kinds: one is material; the other is knowledge. Both kinds have use-value. The first kind perishes—the commodities composing it deteriorate and become useless. The other is permanent in character; it is imperishable; it may be lost or forgotten but it does not wear out.

“The one is limited in time; the other, unlimited in time; the former I call POTENTIAL USE-VALUE; the latter; KINETIC USE-VALUE. Analysis will justify the names. The energy of a body which is due to its position, is called potential energy. The energy of a body which is due to its motion, is called kinetic energy. Here the material use-value has value through its positon, shape and so forth; it is immobile if not used, and has not the capacity to progress. Mental use-values are not static but permanently dynamic; one thought, one discovery, is the impulse to others; they follow the law of an increasing potential function of time.”

Galambos continues:

“Further derivatives of man’s life lead to voluntary transactions involving Property transfers (sales, trades, gifts, etc.). Involuntary Property transfers are derivative not from the property owner’s life but from the life of the coercer. Therefore, Property ceases to remain Property and is converted to plunder when subjected to involuntary (coercive) transfer.

“Children—being young human beings—have Property rights of their own and cannot themselves be owned; children are not property.

Children recieve their bodies as Synergic Trusts from God, Nature, and their Parents. In synergic culture, the parents are the trustees for infants and young children, as children grow they gain more and more control over their bodies and eventually are invested with Trusteeship of their bodies and Property rights for their actions and behavior.

Reproduction is not a property right. Reproduction is a Trust Privilege. No individual has the right to reproduce if that reproduction would injure humanity as Community. This ends my comments on Galambos’ statements.

Now we can expand our definition of Property to one 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-binding 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 

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-BINDING 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 Royalites 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 abitrate property disputes. 

Duration of Property Rights

Again, Hefter and Litowitz decribe 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 televison, 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 languge.  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 responsibilty — 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 ?”

In a truely synergic culture. The basic life support for all humans individuals is provided by Humanity as Community using Wealth from the Earth, Life, and Time-binding Trusts. I will describe this completely in a later paper.
 
And, of course this is the proper roll of insurance. To provide for immediate family in the event of unexpected death.

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?”

I think this is a valid concern, but I think the mechanisms as described would handle this OK. When the Innovator died, all his intellectual property becomes Time-binding Trust. It is now available to anyone to use with synergic responsibility. This would include those qualified to act as a curator of the ideas. Also it is possible that those most qualified to continue the innovator’s work were not even known by him. So, the release of the deceased innovators intellectual property to the Time-binding Trust opens up an opportunity for new minds to access and extend the work.

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.

 

To be continued …


The SafeEARTH series. See: 1) Beyond Crime and Punishment, 2) Synergic Containment: Protecting Children, 3) Synergic Containment: Science & Rationale, 4) Synergic Containment: Protecting Community and 5) Synergic Disarmament—Wisdom, we shouldn’t have!

Also see Reaction to Synergic Containment.