The problem with conventional intellectual property rights is that while Closed = Proprietary/Copyright and Open = CopyLeft licenses may be hybridised (eg Creative Commons) they all remain jurisdiction-bound absolute forms of licensing which do not interact adequately with the protocols which constitute conventional Finance Capital eg Equity and Debt.

It was Bentham who pointed out that Property is not in fact an object – as we are accustomed to think – but the relationship between the subject (individual or collective) and object (eg land, equipment, knowledge).

My approach is to use associative/mutual/reciprocal/consensual ‘partnership-based’ protocols – which the French distinguish as ‘contrats de société ‘ and which are commonplace East of Suez. These may be distinguished from the ‘Anglo’ approach of ‘one way’ contracts imposed by Statute (‘Law’) or judges (‘Equity’ or ‘Common Law’) and which the French distnguish as ‘contrats demandat’.

Through the use of a partnership protocol to encapsulate all of the property relationship – ie the rights of use, and the fruits of use (usufruct)- it is possible to arrive at a new settlement in respect of IP (and Real Property, as well as any other productive asset),I believe.

The outcome is an associative agreement – in respect of a productive asset in common ownership of a ‘custodian’ entity or foundation – which is both Closed, because only member subscribers may use it and Open, since anyone who consents to the agreement may subscribe.

This presentation of mine last year re community television and broadband is relevant.