TO RETENTION FROM OWN--(part2)
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13. INFORMATION AND ITS RETENTION
Now, in order to clarify about the retention, we are going to clarify a information that is typical for retention and the entity of its retention.
Information exist with mutually and interrelatedly defining conjugation and with tightly linked cooperation. Therefore, information exist as open system in a state of holding and maintaining the various relationships, so it is impossible to set the boundary for information, and to draw a clear boundary line within its scope. Further, information has characteristics that it can not be used without retaining it each other based on mutual relationships of itself, the value of information is present with existence of a partner, and the value and effects of the information act by communicating it to the party. For example, getting enemy information is that the information retain mutually with the enemy (sharing in that sense), and as a result it is possible to utilize the obtained information.
In addition, retention of information is mean that the information is present under me under the state of holding and maintaining the various relationships, and information is existence in a multi-layered mutual relationship. Since information itself is exist as structural form, and the retention of information has multiplex character that is incompatible with the characteristics of the private ownership, the ownership of the information does not have the validity. In response to this, the goods is possessed (noun:possession) as the property and is transferred, while the information is retained (noun:retention) and is communicated.
The concrete state of retention of information by the subject is retained as information accumulated structural formation (which defines the behavior act practice of the subject) which is the subject having. Information accumulated structural formation is constructed by putting the accumulation of information obtained in his lived life in order such as constituting a structural aspect, which has been existence as phase sameness to social judgment subjective general by intersubjective alignment in the reciprocal cooperation relationship with others, thereby it has become possible to aim to communicate and to act with others or widely socially. ( See Reference ① ). And, whenever a new information is available for each entity(subject), the information accumulated structural formation is rebuilding to be increased his information enthalpy (altitude of the information processing capability) ,so higher level of recognition and higher information processing capability is obtained. In addition, each entity(subject) is raised his position in cyber space that is a cooperation organization of of the information accumulated structural formation and that has been established on the world wide provided with the information integrated body, thereby being improved his effective utilization capacity.
Rights in the state of retention of the information are,
① Information use rights: rights to the behavior and practices on the basis of the information in the holding information accumulated structural formation.
② information processing rights: rights to processing the information of the information accumulated structural formation to produce and create new information.
③ information communication rights: rights to communicate the retaining information to those who want access and recognize the value on the information, and to obtain access fee at the time of communication. It should be noted that, although there is a freedom that does not communicate the retaining information, there is no right to prohibit communicating to others.
14. CREATION AND RETENTION
It can be said to have been admitted the idea aggressively rather than without resistance in the private property system that "what I've created is mine" = "creation-private property" has the legitimate in the same manner as the "self labor-self ownership". However, for such "creation-private property" theory,it can point out that the condition of the creation is of society, and its creation capability was also acquired in social reciprocity or was formed by the society. Accordingly, with respect to creativity of the created information,though saying my creation, it is the real state that it is not possible to set the boundary to clarify where is "my creative part".
But still, the concept of intellectual property rights ("intellectual ownership rights" is mistake) such as patent rights is based on admitting the meaning at the last blow (nuclear) of creativity, and the rights is given such as the private property rights. however it is inappropriate as far as the invention is the information to admitting some private property rights of the patent rights to the invention of the industry. But, goods of patent articles made based on the patented invention is considered as the object embodied the invention (information), and accessing to the information is to obtain the goods, so it can be thought that it is also legitimate to give right to sell the goods added patent royalties to the creator. Therefore, it is reasonable that patent rights force to pay a patent royalty to the creator in the case of others manufacture and sell a patented product, though it comes to should not be admit injunction claim rights such as private property rights.
Referring to general created information such as writing, it considered that the matter created by me is under me,so it comes to that the creator have rights to gain access fee at communicating to people who want to access the information and recognize the value to it. In addition, it is also to be recognized to entitle the creator to obtain the access fees for further communication of the communicated information. To be concrete, it is sufficient to charge a low-cost access fee for each access, because it is possible to control the each access to the information by codes ( See Reference ⑤ ). Moreover, with further progress of information technology the created information such as writing will be come to housed in a multidimensional data center that is built as social and global network,and when created information is necessary it will be taken each time by accessing to the data center. Period to obtain an access fee is of course to be set, and passing the period it should to be become free access. That period, for example, would be appropriate to be set freely by creator setting the upper limit to survival period of himself. Thus, it become to that information is retained by creator(subject) who exist in the cyberspace. In a case where created information is sold as publications, it may be associated as in the case of patents. In other words, if created information take the form of a goods,it may sell adding a copyright fee to the goods, and creator has a right to receive a copyright fee. It can not be met such as the exclusive publishing rights, if creator intend to provide a decent price for the publisher which was indebted to up to the publication, the author himself should enter into an agreement to pay a part of the copyright fee as thanks.
15. RETENTION OF LABOR FORCE AND LAND
It is the hard fact that the labor force is under the subject (worker),and the state is recognized that the subject retain the labor force. It should ensure to be never that workers possess the transferable "labor force". Workers put themselves along with the retained labor force in the field where exist relationships which can take advantage of the labor force, where it is to carry out the value production by performing the work by taking advantage of relationship.
Thus, in principle, the value produced by labor should to be distributed among the workers retaining labor force, other production factors and their various social participant in accordance with the relationship in the production site. But, in fact, the relationship is pluralistic and multi-layered, and the type and nature of contribution to value production is in the loose,and the severity of contribution is also colorful, so that such as distribution by the evaluation of the exact contribution is not possible at all. Therefore, in the overall, it is appropriate to distribute between the workers and other factors of production on the basis of a socially appropriate criteria in accordance with the depth of the relationship to the production, and to reduce the residual to the society. To be concrete, the proper distribution to the labor force that has been retained in the workers is realized by the enterprise form of non-profit company that do not distribute profits. All socially appropriate distribution is realized by becoming the corporate form such as "non-profit company" universal. In addition, the detailed contents of "non-profit company" is disclosed in the other text of this home page.
With regard to land, it is public goods having the relationship which can not be cut off absolutely for all of the people who live in the area, widely for all people on earth, like such as landscape, environment, water conservancy, water quality, air, ecosystems, specialty products,etc. There is no justification for land to set such as the private property that any particular individual privately possess and freely dispose shutting off the relationship. Land should be under the person who occupy and can socially utilize the land based on a good reason in accordance with social needs, it can be assumed the retention state in which the land is under the person. Therefore, retention right of land is right to occupy the land,and legitimacy of the occupation will be determined based on such as historical background, characteristics and state of the land, and social significance of using the land, and the right of occupying land should be set by the legitimacy. In addition, while the current situation is private property has been set,its authority has already been added various restriction from a social need. Further, going to tighten the restrictions on the basis of the social need, that is, the necessary relationship between the people living in the land and the region, the private property of land will be changing towards a little more than state in substantially the right of occupying land,and in accordance with sublation of the private property accompany with the transition to the information society it is inevitably shift to retention right both in name and reality.
16. CONCLUSION
In general, private property system is believed to continue to exist forever without change. In that case, private property is recognized that it is thing of opposed to national ownership by the socialist,and it is considered to have historically settled in the victory of private property and capitalism by the negation of national ownership owing to the collapse of the Soviet Union in 1991. However, for private ownership, rather than national ownership is opposed, by the development of the informatization on behalf of the private ownership, retention adapting to information is going to appear as those that sublate the private ownership.
In addition, by understanding like that when private property is denied even those that the workers are owned also being denied, the workers is also conceivable to try to protect the private property. However, the degree of the owned property that is necessary for going live is not intended to receive substantially any effect even retention or even ownership, the mainly change is the economic and social structure. And, although development of the informatization is said to widen the gap, contradiction widening gap is not be caused by informatization itself.
In other words, as has been described, nevertheless information is not adaptive to private property system, present state is that it has been increased the weight of the information production in the economic-social activities in accordance with progress of the informatization in this private property system.
Therefor, while information that can not to become the capital has become a key element of the production,nevertheless it has been trying to keep capitalism in that capital produce capital, as a result generated contradiction has widen the gap,and the contradictions of the private ownership and capitalism based on it has become tangible. There is no doubt that along with the transition towards the information society by further progress of informatization, key system in the social structure is forced to shift from the private property system of goods to retention system of information.
LIST OF REFERENCES
① Wataru HIROMATSU, "new philosophy Introduction",
Iwanami Shoten, 1988
② magazine "Modern Thought" vol.18-9,
"What is the feature private ownership", Seidosha, 1990
③ Shinya TATEIWA, "private ownership theory" second edition,
Seikatsu Shoin, 2013,(First edition: Keiso Shobo, 1997)
④ Ken OBA, Kiyokazu WASHIDA, ed., "Ethics of ownership",
Nakanishiya Publishing, 2000
⑤ Lawrence LESSIG, Hiroo YAMAGATA translation, "CODE",
Shoeisha, 2001
⑥ Ken OHBA, "myth of ownership", Iwanami Shoten, 2004
⑦ Ken'ichiro IMAMURA, "philosophy of labor and ownership",
Showado, 2011
Now, in order to clarify about the retention, we are going to clarify a information that is typical for retention and the entity of its retention.
Information exist with mutually and interrelatedly defining conjugation and with tightly linked cooperation. Therefore, information exist as open system in a state of holding and maintaining the various relationships, so it is impossible to set the boundary for information, and to draw a clear boundary line within its scope. Further, information has characteristics that it can not be used without retaining it each other based on mutual relationships of itself, the value of information is present with existence of a partner, and the value and effects of the information act by communicating it to the party. For example, getting enemy information is that the information retain mutually with the enemy (sharing in that sense), and as a result it is possible to utilize the obtained information.
In addition, retention of information is mean that the information is present under me under the state of holding and maintaining the various relationships, and information is existence in a multi-layered mutual relationship. Since information itself is exist as structural form, and the retention of information has multiplex character that is incompatible with the characteristics of the private ownership, the ownership of the information does not have the validity. In response to this, the goods is possessed (noun:possession) as the property and is transferred, while the information is retained (noun:retention) and is communicated.
The concrete state of retention of information by the subject is retained as information accumulated structural formation (which defines the behavior act practice of the subject) which is the subject having. Information accumulated structural formation is constructed by putting the accumulation of information obtained in his lived life in order such as constituting a structural aspect, which has been existence as phase sameness to social judgment subjective general by intersubjective alignment in the reciprocal cooperation relationship with others, thereby it has become possible to aim to communicate and to act with others or widely socially. ( See Reference ① ). And, whenever a new information is available for each entity(subject), the information accumulated structural formation is rebuilding to be increased his information enthalpy (altitude of the information processing capability) ,so higher level of recognition and higher information processing capability is obtained. In addition, each entity(subject) is raised his position in cyber space that is a cooperation organization of of the information accumulated structural formation and that has been established on the world wide provided with the information integrated body, thereby being improved his effective utilization capacity.
Rights in the state of retention of the information are,
① Information use rights: rights to the behavior and practices on the basis of the information in the holding information accumulated structural formation.
② information processing rights: rights to processing the information of the information accumulated structural formation to produce and create new information.
③ information communication rights: rights to communicate the retaining information to those who want access and recognize the value on the information, and to obtain access fee at the time of communication. It should be noted that, although there is a freedom that does not communicate the retaining information, there is no right to prohibit communicating to others.
14. CREATION AND RETENTION
It can be said to have been admitted the idea aggressively rather than without resistance in the private property system that "what I've created is mine" = "creation-private property" has the legitimate in the same manner as the "self labor-self ownership". However, for such "creation-private property" theory,it can point out that the condition of the creation is of society, and its creation capability was also acquired in social reciprocity or was formed by the society. Accordingly, with respect to creativity of the created information,though saying my creation, it is the real state that it is not possible to set the boundary to clarify where is "my creative part".
But still, the concept of intellectual property rights ("intellectual ownership rights" is mistake) such as patent rights is based on admitting the meaning at the last blow (nuclear) of creativity, and the rights is given such as the private property rights. however it is inappropriate as far as the invention is the information to admitting some private property rights of the patent rights to the invention of the industry. But, goods of patent articles made based on the patented invention is considered as the object embodied the invention (information), and accessing to the information is to obtain the goods, so it can be thought that it is also legitimate to give right to sell the goods added patent royalties to the creator. Therefore, it is reasonable that patent rights force to pay a patent royalty to the creator in the case of others manufacture and sell a patented product, though it comes to should not be admit injunction claim rights such as private property rights.
Referring to general created information such as writing, it considered that the matter created by me is under me,so it comes to that the creator have rights to gain access fee at communicating to people who want to access the information and recognize the value to it. In addition, it is also to be recognized to entitle the creator to obtain the access fees for further communication of the communicated information. To be concrete, it is sufficient to charge a low-cost access fee for each access, because it is possible to control the each access to the information by codes ( See Reference ⑤ ). Moreover, with further progress of information technology the created information such as writing will be come to housed in a multidimensional data center that is built as social and global network,and when created information is necessary it will be taken each time by accessing to the data center. Period to obtain an access fee is of course to be set, and passing the period it should to be become free access. That period, for example, would be appropriate to be set freely by creator setting the upper limit to survival period of himself. Thus, it become to that information is retained by creator(subject) who exist in the cyberspace. In a case where created information is sold as publications, it may be associated as in the case of patents. In other words, if created information take the form of a goods,it may sell adding a copyright fee to the goods, and creator has a right to receive a copyright fee. It can not be met such as the exclusive publishing rights, if creator intend to provide a decent price for the publisher which was indebted to up to the publication, the author himself should enter into an agreement to pay a part of the copyright fee as thanks.
15. RETENTION OF LABOR FORCE AND LAND
It is the hard fact that the labor force is under the subject (worker),and the state is recognized that the subject retain the labor force. It should ensure to be never that workers possess the transferable "labor force". Workers put themselves along with the retained labor force in the field where exist relationships which can take advantage of the labor force, where it is to carry out the value production by performing the work by taking advantage of relationship.
Thus, in principle, the value produced by labor should to be distributed among the workers retaining labor force, other production factors and their various social participant in accordance with the relationship in the production site. But, in fact, the relationship is pluralistic and multi-layered, and the type and nature of contribution to value production is in the loose,and the severity of contribution is also colorful, so that such as distribution by the evaluation of the exact contribution is not possible at all. Therefore, in the overall, it is appropriate to distribute between the workers and other factors of production on the basis of a socially appropriate criteria in accordance with the depth of the relationship to the production, and to reduce the residual to the society. To be concrete, the proper distribution to the labor force that has been retained in the workers is realized by the enterprise form of non-profit company that do not distribute profits. All socially appropriate distribution is realized by becoming the corporate form such as "non-profit company" universal. In addition, the detailed contents of "non-profit company" is disclosed in the other text of this home page.
With regard to land, it is public goods having the relationship which can not be cut off absolutely for all of the people who live in the area, widely for all people on earth, like such as landscape, environment, water conservancy, water quality, air, ecosystems, specialty products,etc. There is no justification for land to set such as the private property that any particular individual privately possess and freely dispose shutting off the relationship. Land should be under the person who occupy and can socially utilize the land based on a good reason in accordance with social needs, it can be assumed the retention state in which the land is under the person. Therefore, retention right of land is right to occupy the land,and legitimacy of the occupation will be determined based on such as historical background, characteristics and state of the land, and social significance of using the land, and the right of occupying land should be set by the legitimacy. In addition, while the current situation is private property has been set,its authority has already been added various restriction from a social need. Further, going to tighten the restrictions on the basis of the social need, that is, the necessary relationship between the people living in the land and the region, the private property of land will be changing towards a little more than state in substantially the right of occupying land,and in accordance with sublation of the private property accompany with the transition to the information society it is inevitably shift to retention right both in name and reality.
16. CONCLUSION
In general, private property system is believed to continue to exist forever without change. In that case, private property is recognized that it is thing of opposed to national ownership by the socialist,and it is considered to have historically settled in the victory of private property and capitalism by the negation of national ownership owing to the collapse of the Soviet Union in 1991. However, for private ownership, rather than national ownership is opposed, by the development of the informatization on behalf of the private ownership, retention adapting to information is going to appear as those that sublate the private ownership.
In addition, by understanding like that when private property is denied even those that the workers are owned also being denied, the workers is also conceivable to try to protect the private property. However, the degree of the owned property that is necessary for going live is not intended to receive substantially any effect even retention or even ownership, the mainly change is the economic and social structure. And, although development of the informatization is said to widen the gap, contradiction widening gap is not be caused by informatization itself.
In other words, as has been described, nevertheless information is not adaptive to private property system, present state is that it has been increased the weight of the information production in the economic-social activities in accordance with progress of the informatization in this private property system.
Therefor, while information that can not to become the capital has become a key element of the production,nevertheless it has been trying to keep capitalism in that capital produce capital, as a result generated contradiction has widen the gap,and the contradictions of the private ownership and capitalism based on it has become tangible. There is no doubt that along with the transition towards the information society by further progress of informatization, key system in the social structure is forced to shift from the private property system of goods to retention system of information.
LIST OF REFERENCES
① Wataru HIROMATSU, "new philosophy Introduction",
Iwanami Shoten, 1988
② magazine "Modern Thought" vol.18-9,
"What is the feature private ownership", Seidosha, 1990
③ Shinya TATEIWA, "private ownership theory" second edition,
Seikatsu Shoin, 2013,(First edition: Keiso Shobo, 1997)
④ Ken OBA, Kiyokazu WASHIDA, ed., "Ethics of ownership",
Nakanishiya Publishing, 2000
⑤ Lawrence LESSIG, Hiroo YAMAGATA translation, "CODE",
Shoeisha, 2001
⑥ Ken OHBA, "myth of ownership", Iwanami Shoten, 2004
⑦ Ken'ichiro IMAMURA, "philosophy of labor and ownership",
Showado, 2011