Everest: Traverse intellectual property licensing routes

“Yeah, mate, I know, but you’ve got to keep on moving.” These were the words from Mount Everest’s Basecamp to Rob Hall, an expedition guide who was out of reach of rescuers. Rob had radioed that his hands were freezing and that he had to de-ice his mask. Basecamp, searching for ways to get Rob to safety, responded, “That’s good, you’ve got to get that mask working; the sun’s going to come up, you know; you can get warmer, you can get moving.” Alone and having expended all his energy to assist a fatigued client who did not survive, Rob now needed assistance himself. After determining that Rob was taking shelter in a depression at an outcrop just below the south summit, Basecamp implored, “All right, you can do this. You’ve just got to pull yourself out of that dip and slide the rest of the way. You’ve just got to come on down, mate. Come on down.”

The film Everest depicts this heartbreaking communication as well as the next day’s tender farewell between Rob and his pregnant wife patched in from home. As imperiled as Rob was by an immobilizing blizzard, words of hope nevertheless permeated the radio waves. Not only did Basecamp and Rob’s wife send encouragement to try to keep Rob alive, but Rob himself conveyed hope to his wife when he rasped, “I love you–sleep well, my sweetheart–please don’t worry too much,” as he signed off before his second and permanent night a hundred meters below the mountain’s summit.

Tie in to the rope of hopeful thinking

Hope is more than just wishful thinking. To use mountain climbing as a metaphor, hopeful thinking involves choosing your desired destination, believing you are capable of selecting a route to reach that destination, and having the self-determination to persevere in your traversal of that route. These three elements are described by C.R. Snyder with hope theory:

  • Goals (destinations) – Knowing where you want to go
  • Pathways (routes) – Staying flexible and figuring out alternative ways to get to your goal
  • Agency (determination) – Believing in yourself to achieve your goal and tolerating disappointments along the way

You can think of hope theory as a climbing rope that you can tie in for safety by setting a goal to pursue, visualizing different plans to guide you there, and resolving to make strategic changes to stay on course as you overcome obstacles and challenges.

Route selection for intellectual property licenses

Although scaling the world’s highest peak is an extreme example, it can inspire us to apply hope theory to negotiating IP licenses for technology transactions. In its most simplistic form, IP licensing can be thought of as paying for a permission. For example, a patent license can grant permission to use a patented invention in exchange for a royalty payment. In negotiations, both parties to an IP license are determining the valuation of the IP, as can be seen from the equation: permission = payment.

Unlike Mount Everest, which has few routes to the summit, you have the flexibility to define permissions and payments your way to meet your business aspirations. For example, you can define how the IP will be implemented (field of use), how long a license will last (duration), and what will happen to new ideas (improvements). In other words, there are many routes to an IP deal that gets you to your licensing destination.

Licensing flexibility is good news because IP is meant to foster innovation, and you can be innovative with each IP license. To use hope theory’s terminology, there are many pathways in the terms and clauses of an IP license, and your passion for innovation gives you agency to propel you toward your goal of an IP deal. So, stay hopeful in negotiating a technology transaction as you confidently assess workable routes to making an innovative deal that grows your business.

Pack hope theory to reach ambitious heights

Mount Everest is unattainable for most of us, but if you enjoy hiking in nature, then it is useful to follow the Survival Rule of Threes. Basically, this rule can help set priorities when lost in the wilderness. The numeral three is a memory aid for the rule that you won’t survive three minutes without air, three hours without shelter from extreme cold or heat, three days without water, or three weeks without food. We can add one more component to this rule: you won’t survive three seconds without hope. Whether you are navigating wilderness hikes or negotiating technology transactions, start your journey to success by packing hope theory’s goals, pathways, and agency with your gear.


Image: “Everest” (CC BY 2.0) by Mário Simoes

Source: Snyder, Charles R. Handbook of Hope: Theory, Measures and Applications. San Diego, California: Academic Press, 2000.

Inside Out: Family meetings avoid putting the foot down

Family meetings are more than just a way to promote cooperation and joint decision making. Family meetings also provide an opportunity to respectfully discuss family disagreements and negotiate solutions. In the meetings, each family member is given time to talk and everyone else listens to understand each other. Most importantly, family members get to share with each other the emotions that they are feeling.

Dinner disaster: The foot is down!

Disney’s movie Inside Out shows what can go wrong when family members do not share how they are feeling. While sitting down to dinner, we get to look into the mind of eleven-year-old Riley as well as the minds of her parents. Each mind has a headquarters with a console operated by five Emotions: Joy, Sadness, Fear, Anger, and Disgust. Dinners with this family are usually fun and friendly. But this mealtime Riley is being sarcastic because Riley’s Joy and Sadness are absent from her headquarters, leaving Riley with just her Disgust, Fear and Anger. Mom’s Emotions, led by her Sadness, want to get Dad involved in the dinner conversation to figure out what is wrong with Riley, but he is slow to respond. That is because Dad’s Emotions are distracted watching a hockey game.

In Dad’s headquarters, Dad’s Anger notices Mom’s signals and says, “Uh-oh, she’s looking at us,” while clicking off the hockey game. Dad tries to pay attention and asks Riley about school, but Riley gives a dismissive response. Dad’s Fear reports, “Sir, she just rolled her eyes at us” and Dad lets Riley know that he doesn’t like her attitude. In Riley’s headquarters, Riley’s Anger is getting hot and says, “Oh, I’ll show you attitude, old man,” and Riley accusingly tells Dad to leave her alone. Dad’s Fear reports “high level of sass” and sounds the alarm as Dad’s Emotions prepare to “put the foot down.” Dad starts to lecture Riley.

Riley’s Anger yells, “You want a piece of this, Pops?” and Riley tells Dad to shut up. In response, Dad’s Anger commands “Fire the foot!” as Dad tells Riley to go to her room. Riley briefly looks surprised, then leaves the table. Dad’s Fear exclaims, “The foot is down! The foot is down!” while Dad’s Emotions cheer. Dad’s Anger praises his Emotions saying, “Good job, gentlemen, that could have been a disaster.” Mom’s Emotions all moan, and Mom’s Sadness sighs, “Well, that was a disaster,” as Mom hears Riley’s bedroom door slam.

Learning to manage conflict

What happened in this family? It’s helpful to understand their conflict by using Joyce Hocker and William Wilmot’s definition of conflict from their book Interpersonal Conflict. The authors think of conflict as having five components:

  1. Interdependence: The behavior of one affects the other.
  2. Difference: A perceived difference that is going to bother somebody.
  3. Opposition: Frustration of the goals of at least one person.
  4. Expression: Someone has to act in a way so that the conflict is visible.
  5. Emotion: There is always some level of negative emotion, typically anger, in a conflict.

Feelings aid reasoning

Focusing on the last conflict component of emotion, the movie portrays anger as controlling Riley and her Dad. This makes the dinner scene an example of what can happen when anger is at the console. Everyone knows that the improper expression of anger can cause irreparable harm in close relationships. However, as Antonio Damasio points out in his book Descartes’ Error, reasoning without emotions can actually cause more harm than when emotions run free. Here’s how the author describes Descartes’ alleged error of separating feelings from reasoning:

When emotion is entirely left out of the reasoning picture, as happens in certain neurological conditions, reason turns out to be even more flawed than when emotion plays bad tricks on our decisions.

In other words, feelings are not a luxury, but a necessity. They are necessary to be able to predict the future and plan next steps, which are essential to navigating through any problem presented in a conflict. How then should you deal with negative emotions when you are in conflict? The answer isn’t easy, but is worth the effort. Rather than mindlessly reacting, notice your emotions and let them aid your reasoning to think through your options and choose the best course of action.

Express feelings rather than act them out

As shown at the end of the movie Inside Out, Riley’s family reached intimacy when they shared with each other their feelings. Riley felt sad, and had acted on this feeling by running away. But when she returned home, she shared with her parents her feeling of sadness. Her parents then shared how they too felt sad. But, unlike Riley’s family who waited until the end of the movie, you can start expressing feelings now by putting on your family’s calendar a regularly scheduled family meeting that is a safe place to discuss conflicts between family members and to take turns sharing emotions.


Image: “Big Foot!” (CC BY-ND 2.0) by Craig Sunter

Source: Damasio, Antonio R. Descartes’ Error: Emotion, Reason, and the Human Brain. New York: Putnam, 1994.
Source: Hocker, Joyce L, and William W. Wilmot. Interpersonal Conflict. Dubuque, Iowa: W.C. Brown Co, 1978.

Pirates of Penzance: A most ingenious conflict paradox

In Gilbert and Sullivan’s comic opera The Pirates of Penzance, Frederic, a pirate apprentice, was faced with a “most ingenious paradox.” A paradox is a situation with two competing sides that appear as a contradiction. The Pirate King explained the paradox to Frederic. Frederic was bound by contract to serve the Pirate King as an apprentice until he reached his “twenty-first birthday.” However, Frederic was born on a leap day, the 29th of February that only appears on the calendar every four years. So, although Frederic could count 21 years of his life, he could count only 5 birthdays. His paradox was that his age was 21 and 5 at the same time, depending on the method of calculation. Here’s how Frederic explained his situation:

How quaint the ways of Paradox!
At common sense she gaily mocks!
Though counting in the usual way,
Years twenty-one I’ve been alive,
Yet reckoning by my natal day,
I am a little boy of five!

This paradox placed Frederic in a conflict with the Pirate King over the interpretation of the contract that defined his freedom. When we are in conflict, we may also experience our own paradoxes. In fact, Bernard Mayer describes seven conflict paradoxes in his book, The Conflict Paradox. Let’s take a look at these through Frederic’s eyes.

1) Competition & Cooperation Paradox

In negotiation, offers can be considered either competitive or cooperative. For example, when Frederic was faced with the news that his indenture with the pirates was to last another 63 years, he took a cooperative approach by playing nice and asking, “You don’t mean to say you are going to hold me to that?” He sought to cooperate with the Pirate King to find a solution. In contrast, when Frederic’s love interest, Mabel, got the news, she took a more competitive stance by acting tough and asserting that the pirates “have no legal claim.” She appeared ready to challenge the pirates. Choosing between competition and cooperation can be a tricky balancing act. As Bernard Mayer teaches, cooperation tends to yield better results, yet without competition there may be no motivation to cooperate. In this case, Frederic would have benefited from balancing his cooperative approach with Mabel’s competitive approach, rather than simply telling Mabel that “when Duty calls, I must obey.”

2) Optimism & Realism Paradox

An optimist may be confident that everything will work out. A realist might say, “Don’t believe everything you think.” Bernard Mayer points out that optimism without realism is not meaningful, while realism without optimism is a dead end. When motivated by optimism and guided by realism, one can wrestle with uncertainty and doubt. In Frederic’s case, he displayed optimism with laughter as the Pirate King described the paradox. But the optimistic outlook soon vanished when Frederic was faced with the reality of his contract with the Pirate King, leaving Frederic in a state of confusion. Bernard Mayer recommends approaching such confusion under the assumption that a way can be found forward that will make a difference, but with the full knowledge that there is no guarantee that there will be a successful conclusion to the conflict.

3) Avoidance & Engagement Paradox

We pick our battles by choosing to raise a conflict or ignore it. Before learning the news about his contract, Frederic enlisted the police to hunt down the pirates. Mabel tried to encourage the police to engage against the pirates by exhorting, “Go, ye heroes, go to glory, though you die in combat gory.” In comic display, the police avoided the pirates by staying in place while saying, “Yes, yes, we go.” Such avoidance, while frustrating to Mabel, may have been the prudent course of action in this case. For example, Bernard Mayer recommends waiting a bit before confrontation and, in the meantime, asking for more information in order to prepare for constructive engagement when the time is right.

4) Principle & Compromise Paradox

Compromising on principles can be considered cowardly, while being unwilling to compromise for practical reasons can be considered arrogant. Bernard Mayer recommends that in order to advance our principles that are based on our most important values and beliefs, we have to be willing to compromise on those principles. He put it another way with the phrase: Never let your values get in the way of doing what is right. Frederic would have benefited from this advice. Instead, he clung to the principle that “duty is before all — at any price I will do my duty.” In contrast, Bernard Mayer might have told Frederic that his approach to conflict could have improved by distinguishing interests from principles.

5) Emotion & Logic Paradox

Traditionally, emotion and logic are kept separate under the belief that logic is an aspect of the left-brain and emotion is an aspect of the right-brain. However, Bernard Mayer believes that emotion and logic are best integrated as part of the same conflict resolution process of expression and analysis. For Frederic, he logically told Mabel that he will return to her in 63 years, while Mabel responded emotionally (and accurately), “It seems so long!” Frederic would have benefited by integrating some of Mabel’s emotional expression into his own logical analysis.

6) Neutrality & Advocacy Paradox

While most disputing parties are willing to have a neutral third-party assist with conflict resolution, parties ultimately hope that a neutral third-party will be an advocate for their position. In Frederic’s case, Mabel went to the Sergeant of Police and imploringly advocated that Frederic was acting nobly by returning to piracy, because of his “heroic sacrifice to his sense of duty.” Comically, the Sergeant wanted to concur, but he did admit, “This is perplexing.” Bernard Mayer acknowledges the perplexing nature of the tension between neutrality and advocacy, especially in relation to the contrasting styles of transformative and evaluative mediation.

7) Community & Autonomy Paradox

Bernard Mayer defines community as interdependence with others in our lives and autonomy as independence with individuality. Both community and autonomy give one a sense of identity of who one is. Frederic wanted his autonomy by breaking free from the pirates. He explained, “Individually, I love you all with affection unspeakable; but collectively, I look upon you with a disgust that amounts to absolute detestation.” Bernard Mayer explains that both community and autonomy are necessary in life. Specifically, independence is established by having a healthy attachment to others, and one can become truly autonomous by having a healthy network of social relationships. Of course, Frederic recognized that his relationship with the pirates was unhealthy, and so he attempted to free himself from them.

Taste for paradox

Before Frederic was faced with his paradox, Mabel’s father, Major-General Stanley, introduced himself by asserting that “I am the very model of a modern Major-General.” He further exclaimed that “I’ve a pretty taste for paradox.” Bernard Mayer shows his taste for paradox by saying that both sides of a conflict paradox “are not really polarities” because “each element of the paradox is dependent on the other.” Bernard Mayer acknowledges that finding the unity of each polarity is difficult to do, but teaches that “embracing paradox is a core method of dealing with conflict.” Have you ever dealt with conflict by embracing a paradox?


Image: “Jolly Roger Pirate Grunge Flag” (CC BY 2.0) by Nicolas Raymond

Source: Mayer, Bernard S. The Conflict Paradox: Seven Dilemmas at the Core of Disputes. San Francisco, California: Jossey-Bass, 2015.

Finding Vivian Maier: Exposing conflict like a street photographer

Street photographers have an eye for seeing reality from new perspectives. Just as film is exposed to light, street photographers can teach us how to expose our understanding to the reality of our conflicts. The documentary Finding Vivian Maier from John Maloof gives an inside look at a 20th century street photographer, Vivian, who was a full-time nanny. Ready with her Rolleiflex camera, Vivian would stroll throughout Chicago with the children under her care in tow. A Rolleiflex is a film camera for the street because it has a viewfinder on top, which lets you hang the camera from your neck and look down to take a picture. In other words, you don’t have to hold this type of camera up to your face. Because the camera is at waist level, a street photographer can trigger the shutter without being noticed. However, street photographers aren’t disengaged. Rather, they briefly enter into a street scene, take a picture in an unobtrusive way, and then walk away. This is what Vivian would do.

Joel Meyerowitz, a street photographer featured in the documentary, had this to say about street photography:

Street photographers tend to be gregarious in the sense that they can go out on the street and they’re comfortable being among people, but they’re also a funny mixture of solitaries at the same time as being gregarious. You observe and you embrace and you take in, but you stay back and you try to stay invisible.

In particular, Joel described Vivian’s photographic style in this way:

As [Vivian] was photographing, she was seeing just how close you can come into somebody’s space and make a picture of them. That tells me a lot about her. It tells me that she could go into a space with a total stranger and get them to accommodate her by being themselves and generate this kind of moment where two presences were actually kind of vibrating together. And then she’s gone.

He also stated about her pictures that:

Vivian’s work had those qualities of human understanding and warmth and playfulness. . . . I think her pictures show a tenderness, instant alertness to human tragedies, and those moments of generosity of sweetness. I see her as an incredibly watchful, observant, caring person. And probably why she was a nanny was that she had those capacities.

When it comes to conflict, it’s possible for us to learn to be watchful, observant, and caring. We can observe like a street photographer, but instead of shooting a picture, we can ask a question. A question can help you take a snapshot of your situation the way Vivian took snapshots of the people she saw on the street. You can ask a question to discover whether your perceptions are accurate, kind of like focusing a camera. Asking a question allows the other to clarify what was meant and provide an explanation, giving you a focused view into your situation.

To ask good questions, or to take good street photos, it helps to be in the present moment. In his book Getting to Yes with Yourself, William Ury describes embracing the present. He writes that we “can visit the past from time to time to learn from it and we can visit the future to plan and take necessary precautions, but we make our home in the only place where we can make positive change happen: in the present moment.” He goes on to say that it “is by being present and spotting the present opportunities in our negotiations that we can most easily get to yes with others.” Like having a flash on a camera, by being in the present moment, you will be able to see things that you might otherwise have missed, and ask questions that lead you to resolution.

Vivian was able to be in the present moment for her photography. As Joel Meyerowitz said, she took pictures with “an authentic eye and a real savvy about human nature.” You can do the same with your questions.


Image: “Rolleiflex” (CC BY 2.0) by Oreste Pantegani

Study shows your dog can read your emotions

There is a saying that dogs don’t bark at parked cars. It’s funny how a dog will chase what’s in motion and ignore what is standing still. In reality, just because something is moving doesn’t mean it deserves attention. In conflict, the issue you are facing may be the equivalent of a moving car. But you might want to consider whether the parked car of an emotion might also deserve some thought. After all, an emotion may actually be what’s driving your decisions.

University of Lincoln’s study of dogs

It turns out that your dog pays attention not just to moving cars, but to your emotions as well. As reported in ScienceDaily, a study by the University of Lincoln shows that dogs can recognize human emotions. If you are a dog person, you’ve probably always suspected this. If you are a cat person, you are probably asking how this can be. Well, dogs simultaneously saw images and heard voices of people experiencing certain emotions. The tricky part is that when the emotions of the two were the same, such as a happy picture and a happy voice, the dogs spent much more time looking at the picture. This showed that dogs pick up on our emotions. If dogs can do it, let’s try to do it too.

1) Emotions can signal where you need to pay attention

Emotions are generally categorized as positive, such as happy, or negative, such as sad. However, this positive-negative categorization can be misleading because emotions themselves are morally neutral. It’s how you express emotions and what you do with them that you need to watch. For example, if anger clouds your reason, then you may make poor decisions. On the other hand, Harriet Lerner explains in her book The Dance of Anger that anger can be used as a tool for change. Don’t ignore your emotion as a dog ignores a parked car.

2) Try to understand what is behind an emotion

In his book The Seven Habits of Highly Effective People, Stephen Covey was on a subway when he observed a father and his out-of-control children. He felt anger at what he perceived as a father who was incompetent and derelict. Thank goodness that he didn’t act improperly on his feeling of anger because he later learned that the children’s mother had recently passed away. There was nothing wrong with Stephen Covey’s feeling of anger, but he allowed his anger to cause a snap judgment. He was like the dog chasing after a moving car, until he explored what was actually going on. Similarly, mediation and coaching helps you explore the cause of a conflict in order to resolve it.

3) Get moving in the right direction

The word “emotion” comes from the Latin word emovere. Although it sounds like a spell out of Hogwarts, it means “to move or set into motion.” In fact, the word “motivation” also comes from emovere. At the very least, foster the emotion of happiness. In his book The Happiness Advantage, Shawn Achor describes what he calls the “Tetris Effect” that helps you spot opportunities from patterns of possibilities. Noticing your parked cars of opportunities is what makes mediation and coaching so helpful.

Do you prefer cats or dogs?

While we are speaking of pets and emotions, I am curious. Are you a cat person or dog person? I tend to think of myself as a dog person because I get a kick out of playing pooch tug-of-war. But, I have to admit that our last cat had me wrapped around her little claw. Even though her meowing would wake me in the middle of the night, after she passed away, I missed her terribly. Okay, I’ll say it. The emotion I felt was “sad.”

How about you? Whether you are a dog or a cat person, what can you learn about emotions from your pet?


Image: “Dog” (CC BY-SA 2.0) by Céline

Source: University of Lincoln. “A man’s best friend: Study shows dogs can recognize human emotions.” ScienceDaily. ScienceDaily, 12 January 2016. <www.sciencedaily.com/releases/2016/01/160112214507.htm>.