Previously I was criticizing the book Revolutionary Wealth by Alvin and Heidi Toffler for having a lack of real revolutionary ideas about how new wealth might be created in the years to come. I’m not far enough through their book to make a serious critique, but I’ve found some fairly interesting ideas around the subject in a couple of actual Science Fiction novels I’ve been reading. Here’s one of them.
The idea seems to be that a corporation being sued over something; for example copyright infringement, would then be obliged to pit its use of the copyright against the plaintiff coporation’s in a structured contest to determine who’s use of the copyright would most benefit the society that is ultimately the sponsor of the legal system. The corporation that demonstrates the greater general benefit wins.
The virtue of this framework is that it makes lawsuits more dangerous to enter into by the plaintif corporations (they might lose, and so lose their rights in the thing in question), and it places merit on utility, demanding action on ideas, not allowing a corporation to claim ownership of an idea or thing and just sit on it to prevent others from using it in competition. It keeps more ideas in competition, and actually encourages beneficial development as a direct result of the trial. The contest stops being “who claimed it first” and instead becomes “who uses it better”. It’s also important to note that the “better” is in relation to the society sponsoring the legal system, not necessarily just the profit of the company; though in a sane system the two will be as closely aligned as possible.
A downside is that it echoes the justification behind the concept of manifest Destiny; that someone who can turn a better profit with something has a greater right to it than its original owner. This is certainly a danger. The important distinction I think would be to make sure this legal framework only applies to corporate entities, and not to individual people. Although the legal fiction is very useful, corporations aren’t people. They exist to serve the needs of people. Maybe there is room now for a re-imagining of the useful fiction. Individual people are adjudicated on merit. Corporations must prove utility.
Maybe ther could even be a sort of Scottish Verdict version of the corporate trial-by-combat, in which the victor is not awareded exclusive right to the innovation, but rather is just granted permission to continue, while leaving the plaintiff in posession of their main rights. There could probably be a number of shades to such verdicts, according to the fitness that each contestant displayed in the fight.
Half-baked, sure, but an idea.Look for posts in the same categories: Oddversational
This entry was posted on Tuesday, March 6th, 2007 at 1:26 am