Program as Art - a new software management paradigm

    - What is programming for you?
    > Programming? I cant answer.
    - Why?
    > I do not even know ...
    - Have you ever studied?
    > Of course, but that was a long time ago.
    - Jobs Do you like?
    > Now no.
    - Why did you become an Entrepreneur, and did you really work for more than 17 years as a "programmer" and "analyst" in IT companies?

    Who are you?

    > Long-term constant improvements, constant maintenance and customization of client jobs created a sense of process control, but this is not always the case. There were just processes that were not managed by the KPIs of the companies where I worked, and therefore I decided to become an Entrepreneur.
    - and? Nothing can be changed already?

    Intellectual Property Management Problem

    Before we start talking about the problem that triggered the formation of a new paradigm, I would like to say that of all the companies in which I worked, only 17% of companies could provide the full life cycle of intellectual property, but did not.

    You should also understand that “Management” is always a process that has the following well-established definition:
    Management is the process by which someone leads a group of people, in which they perform certain, specified, required actions.
    Unfortunately for most, management is always synonymous with fear and pain , control and power , but in life this is not always the case. This installation applies to the management of intellectual property in IT companies. As a result, many people do not notice why it is precisely because of the inability to manage intellectual property in the Russian Federation that there are no real IT companies.

    Caution! An example of a distorted understanding of the term control.

    Пример власти клиента над дизайнером. Автор анимации: DeeKay#gif@pixel_ae

    ∞ spheres of life management

    And before we delve into the problem and answer the question “Why?”, I would like to give a few examples of areas of life where management is possible.

    I counted eight areas that are constantly changing.

    • Business - everyone can manage it, they understand what is needed to increase sales.
    • The second area is the state. Here, too, it is clear who controls them and what is needed for effective management.
    • The third area - a person who is generally easy to control, there would be money, but as one man - "The money was, money will have no money!" , While the other continued, - "I have no money, but you hang on!" .
    • The fourth sphere is society. It is difficult to manage it, and money for society does not play a key role.
    • The fifth sphere is Civilization. Managing this is even harder.
    • And lastly - this is Nature and Robots. Both are theoretically manageable, but not always in practice.

    What unites them all?
    Их объединяет одно — это информация, а в моём понимании технология обмена информацией.


    That is why when an apple hangs on a tree or falls on Einstein's head, then it transmits exactly the information. Another question is the interpretation of this physical phenomenon with respect to Einstein’s head, and with respect to Newton’s head. Interpretation is technology dependent.

    Intellectual Property of IT Companies

    Article 1225 of the Civil Code of the Russian Federation gives the following definition of intellectual property:
    1. The results of intellectual activity and equated to them means of individualization of legal entities, goods, works, services and enterprises that are granted legal protection (intellectual property) are:

    1) works of science, literature and art;
    2) programs for electronic computers (computer programs);
    3) databases;
    4) performance;
    5) phonograms;
    6) communication over the air or by cable radio or television (broadcasting organizations of broadcasting or cable broadcasting);
    7) of the invention;
    8) utility models;
    9) industrial designs;
    10) selection achievements;
    11) topology integrated circuits;
    12) production secrets (know-how);
    13) brand names;
    14) trademarks and service marks;
    15) appellations of origin of goods;
    16) commercial designations.

    2. Intellectual property is protected by law.
    In Russia, intellectual property is mainly managed at the primitive-communal level, and consists of “gathering”:

    • various brands, brand names, trademarks and service marks;
    • written various Agreements and Restrictions on non-disclosure of information on intellectual property, forgetting simply about the know-how, which relate specifically to the production, and not to the supply of computer programs, and even more so to licensing;
    • publications, colorful press kits, design layouts of websites with booklets and catalogs of goods and services.

    Interpretation of the process of creating a computer program

    Before you consider the traditional process of creating a computer program, you should understand that there is an IT Business and there is simply a Business, which acts as an IT Business customer.

    The traditional process of creating a computer

    program If we consider programming in this way, the process of creating a computer program is as follows:

    1. marketing research and identification of business needs;
    2. embodiment of the needs of business in the form of technical specifications for the development of computer programs;
    3. the creation of a computer program;
    4. computer program testing;
    5. introduction and replication of the Computer Program.

    Some companies can even register a computer program with a beautiful certificate.

    Then the needs of the Business change due to the emergence of new interpretations of ways to exchange information and the Business Owner decides to rewrite the Computer Program for new needs, and the cycle repeats over and over again. Many IT companies are pouring billions of money into this process and into their Brand, and they don’t even try to satisfy the needs of the Business, they just save their Brand, sometimes at the cost of the Brand itself.

    Even if the Business will be aware of the new technology, it will constantly ignore it by inertia and save the Brand, constantly modernizing the Computer Program, thereby repeating the traditional cycle of creating a Computer Program.

    As a result, after the nth cycle of changes (some people mistakenly think that it is Agile), the computer program may not be tested due to changes in values ​​at the level of the Company or the State.

    The reason for this is one:
    Neither the Society nor the State is aware of your needs expressed in the form of a computer program. All they see is your Brand.

    Looking for the Perfect Match

    As a result, to save Business, a manager offers to write agreements on technological cooperation for each state, for each community, and receives hundreds, thousands of agreements requiring attention and money. All these agreements are concluded only for the sake of one goal - to receive information about the event “a new technology has appeared” as early as possible.

    Search results for tag Agreements on the portals "", "" and "".

    If we consider the life cycle of intellectual property from this position, then IT companies in the Russian Federation do not manage anything due to the lack of exchange of intellectual property.

    The exchange of intellectual property always implies a transfer from one sphere of management to another. Without a full transfer - no exchange. Partial transfer does not work. Therefore, when a Person receives for temporary use a Computer Program - in his understanding he is not a full owner, and accordingly all responsibility for the use of intellectual property lies with Business.

    Does it know Business? I think not, otherwise he would not spend billions of money on repeating the traditional process.

    Пример традиционной программы для ЭВМ, которую в скором времени нужно будет переписывать для реализации ''быстрых платежей''.

    Вернёмся к возможностям Искусства

    A.Kuindzhi Autumn.  1876-1890
    Many are convinced that these are oranges, but perhaps it is just autumn.

    Man mainly interacts with Art through the contemplation of the one designed to induce him to create new forms, but for some Art is a Commodity that is always subject to exchange for Money. A person or Business detached from society must always be constantly reminded: what can be touched and what cannot, what can we talk about, and where does the confidentiality agreement begin to operate ?

    In fact, a computer program may be no different from Art.

    To do this, you must adhere to two main principles.

    The first principle is the principle of authorship.
    The contractor is always the author or co-author with the customer.

    Second principle
    The customer at any time can make the object of intellectual property public domain, and the Contractor has the right to this right only after N years.

    According to these two principles, an IT company is always supposed to write a new computer program , which allows Business to obtain an exclusive intellectual property.

    The second principle allows the Customer to start the process of replicating the object of intellectual property for Business clients.

    As a result, the process of creating a computer program turns into the following:

    1. Selection of control areas for which the Computer Program will be created
    2. Marketing research and identification of business needs within the selected areas of management
    3. The implementation of the needs of business in the form of technical specifications for the development of computer programs
    4. Creating a computer program
    5. Testing of the Computer Program taking into account the chosen areas of control
    6. Implementation and transfer of computer programs
    7. Deciding to Transfer Intellectual Property to the Public Domain
    8. Publishing a computer program in a public repository.

    Due to the fact that an IT company always creates a new computer program, its cost will be slightly higher than in the traditional process of creating a computer program. However, due to the absence of restrictions on replicability and modification of the source code by the Customer, as well as the exclusivity of the source code itself, the Computer Program developed in this way will have higher value not only in the field of Business, but also for other selected areas.

    PI license

    The main differences between PI licenses and other free licenses are exclusivity and the obligatory indication of authorship.

    Many may notice some similarities with the type of license Royalty-free, but this is not so, and here are the main differences from this license, which I called PI-License.
    PI - LicenseRoyalty-freeCC0 CC Attribution
    Low costnotYesYesYes
    Restrictions: circulation, methods of usenotYesnotnot
    Code modificationYesYesYesYes

    Thus, the created program becomes the property of the Customer with the preservation of the authorship of the Contractor and the automatic transfer to the public domain (CC0) after N years.
    The transfer of intellectual property into the public domain allows you to talk about your needs "not here and now" to a narrow circle of like-minded people, as is usually the case, but provides an opportunity to transfer knowledge from one area of ​​government to another.

    Barriers to the use of PI licenses

    1. Lack of qualified IT staff capable of writing new computer programs
    2. Lack of desire for IT business to restructure processes
    3. Limited number of compilers, software components and libraries suitable for free use.
    4. The bulkiness of computer programs and a large dependence on third-party components and libraries

    Instead of conclusion

    I hope the material presented in this post will have a positive impact on the already established relationship in your company. For myself, I definitely decided to apply this paradigm in work processes, while not forgetting the main vocation of the Computer Program as Art - to encourage the creation of new forms of Computer Programs.

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    And you know that according to paragraph 2 of Article 1295 of the Civil Code of the Russian Federation, if an employer does not start using this work for three years, does not transfer the exclusive right to it to another person, or does not inform the author about keeping the work in secret, the exclusive right to the work of service is returned to the author

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