Thursday, March 13, 2014
NIH
To many folks, the term "NIH" means National Institutes of Health. But to many folks in the legal field, particularly those specializing in intellectual property issues ("IP" law, that is), it means "not invented here". It's a uniquely-American term, but the concept predates America itself actually. Allow me to digress...
I learned this while doing some contract work in that field a few years back; patent drawings and technical procedure writing actually. "NIH" refers to a policy some renown international corporate entities (I won't name any) have towards how they approach dealing with intellectual property. This encompasses copyright, patents and trademarks, obviously, but it also includes service marks and more.
In basic English: If the item was "not invented here" they don't want anything to do with it. In most cases, they mean "at all", as in "not in any respect whatsoever". For example, if you invent some cool toy, and approached some particularly HUGE toy manufacturing corporation to negotiate some kind of "deal" (I'll leave their actual name to your imagination), and they adhere to the NIH policy, and you are not a direct-employee of that company, they will very likely ask you to leave. If you continue to insist on a discussion, they may call security to help you find the door.
I am not joking.
So, during a recent discussion I had with some colleagues (past and present) about the subject of "why do so many IT organizations seem to abhor the idea of their own staff daring to develop their own tools for their own needs and then being so brazen as to ask their employers if they'd like to join in on the party?" Keep in mind that this is not about selling the invention to the employer. It's about asking the employer to put some elbow grease into it and help launch the airplane off the flight deck with a little more "umpf!". Of the six or so folks present, and their recollection of some two dozen secondary contacts and colleagues, not ONE of them could recall ever hearing of a successful effort in that regard.
Not one.
I am very familiar with this, as I have been, without planning or expectation, in the center of such situations, many times. At my last four employers in fact. I was present during the putting-out of some particular fires (metaphorically-speaking), in which there were NO available "off-the-shelf" solutions to be had. None. So we built our own (or I built my own). Like many contraptions, mechanical or otherwise, which are conceived to solve a "real" problem, they tend to gain a life of their own. Problems, it seems, tend to recur so having a tool which is custom-fit to solve it tends to be very appealing. Especially when that tool or solution was provided at no "additional" cost to the parties involved.
Yes. No additional cost. Translation: It was conceived, built, tested and applied using existing funding and task vehicles (that's beancounter speak for "it was part of my job duties, so I did it"). Even the technologies involved with building the tool were 100% "free". Things like built-in API's, and SQL Server Express, IIS, scripting, etc. Aside from the already-paid cost of the operating system license itself, there were no additional costs required or incurred.
So, why the fuss?
That's a good question. A lot of theories were discussed around this one key aspect. Everything from businesses shying away from stepping outside of their "core competencies" to "perceived risk" to "obligatory support liabilities" and so on. Blah blah blah. Fear. It's just fear. I add laziness to that, but fear and laziness go together like hookers and politicians.
Then it dawned on me that it's really about NIH. I realize that fear+laziness nearly equates to NIH in most respects, but it has a different sauce poured over it.
What's even more interesting about this entire mess is that in none of the examples we could cite were there any alterior motives on the part of the employee/developer. It was all above-board and in good faith, in which they not only accomplished the item in question, but in how they approached and engaged their employer. The employer however, no matter how the approach was toasted, garnished and served-up, consistently took a hostile, defensive stance in regards to their reaction to the employee. As if indicating their distrust in the employee; probably assuming the employee concocted the whole idea just to negotiate a deal in the same sense as a blackmail operation. Holding them hostage. Whatever that could mean.
But the question remains: why? Why not actually hold detailed, sincere discussions with the employee, rather than closing the gates and shooting arrows off the guard towers?
Legal risk. Once again, attorneys, and their corporate financial overlords (retainer clients, usually) have successfully cultivated an atmosphere of risk-avoidance. Risk avoidance is another name for "fear of innovation". Imagine if Henry Ford were told that challenging horses would land him in court? I'm sure someone tried it, but what if he actually caved in to that? Oh boy. You can argue that the environment would have fared better today than it has already, but think of the wider ramifications of that. Now, start that idea-clock in motion today and imaging where it will be in 50 or 100 years.
It's already too late to save our federal government system from the corruption of corporate PAC influences. Let's not let the rest of the baby go down the bathtub drain as well. There's a few companies and entrepreneurs out there still taking risks (Elon Musk, Richard Branson being just two of them), so maybe there's still hope things will turn around in favor of imagination and risk-taking. It can only work when it's cooked in the same pot as the money comes from though. It seems those of us stirring around in the bottom ranks of the IT world are going to have to fight our way out day by day, in spite of the risk-averse surroundings.
But I digress. Sweet dreams! :)
Saturday, October 16, 2010
Be Right Back
Fighting a Cold while working insane hours on a big project. Need sleep. Need to recover. I’ll be right back.
Meanwhile, I watched “Enron: The Smartest Guys in the Room”. It boils down to this, at least from the perspective of how this impacted ME personally…
- Government was strong-armed by lobbyists (Ken Lay, Abrahmson, etc.) to relax Federal oversight (aka “de-regulate”) over energy markets.
- Enron and companies like Worldcom, Tyco and others drank their own Kool-Aid and grew into the Hulk, pushing stock prices higher and higher, artificially.
- They in-turn gave hand-jobs to accounting firms like Arthur Anderson and others to help them inflate market prices and in-turn share in the artificial margins of trading on them.
- Californians got raped like nobody’s business
- The market turned out to be a house of cards and imploded
- People at all levels of the market, the auxiliary markets, and their families and communities were pulled down in a spiral of 401-k meltdown. Some even killed themselves.
- The government finally stepped in and realized the car was spinning off the road and nobody was behind the wheel. Investigations ensued and eventually it was “discovered” that oversight isn’t such a bad thing. Gee. (Personal note: If you have teenage kids, and they want to throw a party at your house, and they say to you “hey, go see a movie, you guys can trust us”, what would you do? Ok, now imagine those teenagers are drunk on the lust for outrageous profits, insane CRAZY-ASS profits, and they want to party inside your bank account)
- The fallout yields a determination to lay down some new rules on behalf of the two folks Mr. Sarbanes and Mr. Oxley.
- IT folks are left holding the bag to implement and enforce a tangled mess of who can do what and see what between various segments of their financial departments.
- IT folks suffer with SOX compliance and no sleep. The financial department managers go to Vegas, Orlando, or Honolulu to attend conferences, but tell the IT department there isn’t enough budget to attend MMS or TechEd, sorry.
What a sad story. Remember to have my part played by Brad Pitt.
Now, think about this: Think that’s all behind us now? Think again.
Thursday, March 11, 2010
Retarded Idiots in Charge
So, I'm sitting at yet another traffic light and notice the car in front me has a bumper sticker that says:
"Drill Here. Drill Now. Pay Less."
So, I have to ask the obvious dumbass question: What makes anyone think, for one second, that getting oil in our own backyard will translate into cheaper prices at the pump? What is that idiotic bullshit "logic" based on?
Don't get me wrong, I'm not one of those environmentalist wackos. I’m not chaining myself to the pier to protest drilling off of our shores. Based on the trash I see flying from car windows every day I think most of you aren't either. This has nothing to do with fighting offshore drilling or any of that. It’s really about focusing on understanding the insanity behind making such an enormous leap of rationale.
Bored yet? Try this:
Drop some *OFFICIAL* statistical numbers into a spreadsheet and then make a chart to show the overlapping relationship between each of the series. Include the following series for 2007-2008:
- Unemployment rate
- DJI market numbers
- Housing starts and sales
- GDP vs CPI
- Average gasoline price
Go ahead, I'll wait... (finger's tapping... Hmmm mmmm mmmm...)
Ok, done? Good. Notice anything? Do you see any *consistent* relation between the economic data and the price of gas yet? Exactly my point. Consistency is my point. In fact, take a look at the peak profit points for Exxon-Mobil with respect to the concurrent economy. When we were suffering, the oil companies were posting record profits. And I mean "record".
That’s right. When you and I were shelling out $4.00+ for a gallon of gas at the pumps, Exxon-Mobil posted not just their largest profit ever, they posted the largest profit of ANY COMPANY IN AMERICAN HISTORY. This is all public information. Go find it yourself, like maybe here.
So, getting back to my original point: There is absolutley ZERO historical basis on which to draw a conclusion that oil companies will pass along big savings, hell: ANY savings, to consumers. They will almost certainly pocket the difference as profit and shareholder dividends.
What’ll happen is this:
Like OPEC did when the U.S. tried to jump-start oil production in the Gulf of Mexico: they dropped barrel prices drastically, making it impractical to continue pumping it from the gulf. Anyone who was around in the 1980’s remembers this. Shit, almost everyone in my region who hails from Texas either came here as a result of shutting down the oil rigs down in the Gulf or from being in the military. But in the early 1990’s it was mostly from a downed oil market. As soon as OPEC gets a whiff of U.S. domestic drilling, they’ll drop the price and we’ll run back to mama again. The only wildcard here is offset demand from China, maybe. We’ll see.
They may get to drill, and have a few accidents (oops!? sorry about that) and destroy our beaches, but who cares. We have that dream of cheap gas to keep us happy as we drive past roped-off beach areas and mansions owned by families of big oil companies. It’s what we want, right? I mean, after all, it’s not like oil facilities have ever had any accidents or harmed anything. That’s all fluff. Right?
So, let them drill and suck in some additional “domestic oil” to offset their coffers. But don’t expect to see American gas prices drop as a direct result.
