Intellectual property (IP)

Discussion Post 1

Intellectual property (IP) are those items that people create and because they are the creators of them, the own them. They prove this by patenting them, and they can then claim ownership and charge for the use of their IP. However, some believe that for various reasons—such as the benefit to humankind or sharing the information with another corporation may enhance both companies bottom lines—IP should be openly shared. The way around this is a balance of sharing versus owning, but balancing still means sharing, so perhaps that is not the fair solution either. Perhaps the way to balance out the sharing of IP is to determine whether or not the IP will benefit humankind, and then the owners of that IP focus on what God would have them do. If they have a pure heart and want to serve God, then they will share and still reap the rewards of the talents God has given them.

Balancing Business Needs with Customer Needs

         Balancing the needs of the inventor with the needs of the public is a complex undertaking. How much IP does the inventor want to share without being compensated? Perhaps the inventor is willing to share to benefit humankind but may want to be compensated well for that sharing. Most artists, whose inventions constitute the shared product (i.e., songs), want to be compensated every time their IP is shared because that is how they make their living by creating art to share. The exchange in the share is the IP for money, which is also a balance, and perhaps the fairest method of balancing. Biagioli (2019) of the journal, History of Science, explains that compensation may still not be an adequate method of balancing the use of IP with the creator’s needs. This is because many artists’ works are easily copied for free on the internet. Copyright laws cover this and can render the artist whole usually after a court battle that revolves around the fact that the original work was not stolen, only copies of it. However, if someone were to use a piece of another person’s land without their permission, the compensation and penalties for this unlawful use would be greater than they are for the unsanctioned use of IP (Biagioli, 2019, pp. 142-143). Still, currently the best way to balance the sharing of IP is through monetary compensation. Until a more just method is created, requiring payment for the use of IP is the best way to balance the needs of both customers and creators.

The Responsibility of Companies with IP that Saves Lives

        However, there is another way to compensate the creators of IP and it is actually a return on investment. God invested in humans and gave the gifts of talent, intellect and capabilities. He intended those to be used to help other humans. It used to be that inventors would see a problem such as a disease that killed many people. They would find a way to prevent the disease by creating a vaccination, for instance. While they may earn fame and fortune from doing that, the inspiration for their innovation was not money. It was the betterment of humankind perhaps because they believed that God gave them the ability to invent so that they could share their skills to help others. Nowadays, because of the overarching promotion of wealth in a capitalistic society, that same inventor may have pursued a cure because they believed they could earn wealth from doing so. While this seems less than moral, business ethics permit it. IP such as inventions of vaccinations and pharmaceuticals are patented, protected and lucrative.

        Companies with Christian owners may try to maintain corporate social responsibility (CSR). OseiTutu (2018) of the Vanderbilt Journal of Entertainment and Technology Law explains that CSR’s goals are to protect human rights or remedy something that has violated human rights. Sharing IP with the world may be a way to protect or address violations of human rights, but corporations also have a duty to their shareholders to make profits. OseiTutu (2018) says that corporations do not have any legal or moral obligation to address human rights violations but a corporation wanting to exhibit CSR and working within an IP framework would have some moral obligations. And, a corporation may want their consumers to see them sharing life-saving IP so that they can promote their brand. However, as OseiTutu (2018) points out, it comes down to cultural norms moreso than it depends upon the law or any moral obligation corporations may or may not have (OseiTutu, 2018, pp. 488-489). Christian business owners should share their gifts as Paul writes in Romans 12: 6-8. He says that when God has given the gift of creation to a human being, that should be considered grace, and it should be used to serve God in whatever capacity the gift is manifested.

How a Company Practicing CSR in an IP Framework should Respond

        The owners of companies that have IP that can save lives, correct injustice, or address human rights violations should share their IP. Not only will it give them the peace of mind and heart that their existence on Earth has not been wasted, they will also earn a reputation as a corporation that truly practices CSR. Owners of IP that will benefit humankind should be willing to share their IP to help others whether or not it will improve their reputation. God will bless those companies that share with a good reputation and more customers. According to Fitzgerald (2019) of CNBC, more than 200 CEOs of some major companies have discovered that the blessings from God that follow from doing the right thing are real and tangible. These CEOs have changed their view on what the purpose of their existence is. Fitzgerald (2019) quotes Jamie Dimon, CEO of J.P. Morgan Chase, who says that many major employers have abandoned the old notion of the purpose of a corporation is solely to make profit for its shareholders. Now companies are investing in their employees and their communities and continuing to try to help create an economy that serves all Americans (Fitzgerald, 2019). Perhaps their motivation is building their brand reputation, but hopefully it is a much higher inspiration and they will be truly blessed.

Conclusion

        Christian businesses should have no hesitation about sharing IP that can benefit humankind. Their faith in God should lead them to the conclusion that God will bless them more for the good deed of sharing the gifts God gave them than not sharing will profit them. Some corporations have come to this conclusion already, and hopefully, they are role models for those that still have not figured it out.

References

How should a for-profit corporation balance its business needs with the needs of its customers?