A frightening thought indeed.
This is the chapter of my book on the Angus King Years. A time when the Maine State Inc entrenched its claims to ownership of intellectual property rights and the Legislature chartered two new corporations for enabling the transference of public wealth to private hands.
ANGUS KING YEARS: BACK ROOM DEALS
#8 of the Ten Planks of Communism. Equal liability of all to labor. Establishment of industrial armies, especially for agriculture. [
The following analysis is presented as a citizen layman’s analysis and interpretation of the statutory language.
Title 10: Chapter 13 The Small Enterprise Growth Fund
1. . Creation of fund. There is established the Small Enterprise Growth Fund, which is a revolving fund used to provide funding for disbursements to qualifying small businesses in the State seeking to pursue an eligible project.
§384. BOARD1. Establishment: membership There is established as a body corporate and politic and a public instrumentality of the State the Small Enterprise Growth Board, which consists of 11 members appointed by the Governor
4. Compensation: Members are entitled to compensation in accordance with Title 5, chapter 379. [ 1995, c. 699, §3 (NEW).] Title 5 Chapter 379 §12002-B.
COMPENSATION OF BOARD MEMBERS: Members of boards shall be paid a legislative per diem, another specified daily rate of compensation, a salary, expenses only or no compensation, as established for each board in sections 12004-A to 12004-L. ….located in §12004-F. Bonding and financing organization 
3-A. Program funds. "Program funds" means the Small Enterprise Growth Fund and any side funds created by the board. (emphasis added)Side funds have individually crafted terms of agreement determined at the exclusive discretion of the board:
5. Side fund. "Side fund" means a fund other than the Small Enterprise Growth Fund administered by the board that is invested as determined by the board (the Small Enterprise Growth Fund is established as a revolving fund in 1)
§383. Program Funds Established1. Creation of fund. There is established the Small Enterprise Growth Fund, which is a revolving fund used to provide funding for disbursements to qualifying small businesses in the State seeking to pursue an eligible project. The fund must be deposited with and maintained and administered by the Finance Authority of Maine and consists of appropriations provided for that purpose, interest accrued on the fund balance, funds received by the board to be applied to the fund, all funds remaining in the Pine Tree Partnership Fund and any funds received from repayment, interest, royalties, equities or other interests in business enterprises, products or services. The fund is a nonlapsing fund. [ 1995, c. 699, §3 (NEW).]
a. 1-A. Creation of side funds. The board may create one or more side funds for placement of certain funds received by the board. A side fund may be structured as a revolving fund in addition to the Small Enterprise Growth Fund or as a fund in which the investor will have funds drawn and returned over an agreed time period. [ 2009, c. 475, §4 (NEW) .]
§382. DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 699, §3 (NEW).]
1. Board. "Board" means the Small Enterprise Growth Board. [ 1995, c. 699, §3 (NEW) .]
2. Fund. "Fund" means the Small Enterprise Growth Fund. [ 1995, c. 699, §3 (NEW) .]
3. Program. "Program" means the Small Enterprise Growth Program, which encompasses the Small Enterprise Growth Fund and any side fund created by the board. [ 2009, c. 475, §1 (AMD) .]
3-A. Program funds. "Program funds" means the Small Enterprise Growth Fund and any side funds created by the board. [ 2009, c. 475, §2 (NEW) .]
4. Qualifying small business. "Qualifying small business" means, for the purpose of an initial disbursement by the board under section 388, a business employing 50 or fewer employees or having gross sales not exceeding $5,000,000 within the most recent 12 months for which financial statements are available. For the purpose of a subsequent disbursement, "qualifying small business" means a business to which the board has previously made a disbursement and that, in the judgment of the board, evidences continued potential for high growth. [ 2001, c. 541, §1 (AMD) .] (emphasis added)5. Side fund. "Side fund" means a fund other than the Small Enterprise Growth Fund administered by the board that is invested as determined by the board. [ 2009, c. 475, §3 (NEW) .] SECTION HISTORY 1995, c. 699, §3 (NEW). 1999, c. 504, §2 (AMD). 2001, c. 541, §1 (AMD). 2009, c. 475, §§1-3 (AMD).
1-A. Creation of side funds The board may create one or more side funds for placement of certain funds received by the board. A side fund may be structured as a revolving fund in addition to the Small Enterprise Growth Fund or as a fund in which the investor will have funds drawn and returned over an agreed time period.
2 Administrative expenses Costs and expenses of maintaining and servicing program funds and administering the Small Enterprise Growth Program established by this chapter may be paid out of amounts in the program funds. 3 Management fees The board may charge and accept management fees for management of money placed in program funds other than money placed directly by the State.
Notwithstanding Title 5, section 18, subsection 1, paragraph B, each member of the board, and each employee, contractor, agent or other representative of the board is deemed an "executive employee" solely for purposes of Title 5, section 18, and for no other purpose. Title 17, section 3104 does not apply to any of those representatives. If a member does not participate in an action or deliberation with respect to a particular project, that member is presumed not to have personally and substantially participated in a decision of the board with respect to that project. Every interest of a board member in any matter before the board must be disclosed to the board in writing. [1995, c. 699, §3 (NEW).] (emphasis added)
"Executive employee" has the same meaning as set forth in section 19, subsection 1, paragraph D.
Section 19, subsection 1, paragraph D. "Executive employee" means an appointed executive employee or an elected executive employee. [1979, c. 734,§2(NEW).]
No trustee, superintendent, treasurer or other person holding a place of trust in any state office or public institution of the State shall be pecuniary interested directly or indirectly in any contracts made in behalf of the State or of the institution in which he holds such place of trust, and any contract made in violation hereof is void. This section shall not apply to purchases of the State by the Governor under authority of Title 1, section 814. [1975, c. 771, §164 (AMD).]
4. Agreements. The board may enter into an agreement or contract with a 3rd party for investment in a side fund. The board may allocate ownership in a side fund through the agreement. The board may also repay money received and return profits according to terms in the agreement. The board may create a formula or terms for the sharing of profits on a side fund in the agreement.
5. Profits The profits on a side fund retained by the board must be contributed to the fund [ 2009, c. 475, §4 (NEW).
§384. BOARD 1. Establishment; membership. There is established as a body corporate and politic and a public instrumentality of the State the Small Enterprise Growth Board, which consists of 11 members appointed by the Governor as follows:
§392. Governmental functionThe board shall administer and exercise the authority granted to it by this chapter. The carrying out of its powers and duties is considered the performance of an essential governmental function.
§389. Cooperation and coordinationThe University of Maine System, the Small Business Development Center Program, the Maine World Trade Association and the Maine Science and Technology Foundation shall provide such support and assistance as the board may request, within the expertise of each. [1995, c. 699, §3 (NEW).]
Any benefits accruing to private individuals or associations, as a result of the activities of the authority, are deemed by the Legislature to be incidental to the public purposes to be achieved by the implementation of this chapter. [1985, c. 344, §5 (AMD).]
Maine Technology InstituteIn 1999, The Maine Technology Institute was established bythe Legislature as a non-profit corporation with public and charitablepurposes. It is stated in the statutory charter that the duties, activities and operations of the institute are within the provisions of the federal Internal Revenue Code, Section 501(c)(3).
The Maine Constitution
Corporations, formed under general laws. Corporations shall be formed under general laws, and shall not be created by special Acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State.
Additionally, the use of public funds to benefit special interests violates the object of government given in the Maine Constitution, to serve the common welfare.
Charge for University of Maine Patent Services Included Percentage of Royalties (repealed) In 1999
2.Applicant's costs and duties. An applicant accepted by the program shall pay the costs of the patent search and opinion and for patent prosecution if the final product is manufactured or licensed out of state. An applicant shall pay to the program a reasonable percentage of the royalties for any successful innovation patented through the program. [1999, c. 731, Pt. WWW, §1(NEW)
Ownership of Intellectual Property Rights Codified in Maine Technology Institute Charter.
2.Organization. The board has all the powers and authority, not explicitly prohibited by law, necessary or convenient to carry out and effectuate the functions, duties and responsibilities of the fund, including, but not limited to: (emphasis added)G. Owning intellectual property, licensing intellectual property and negotiating for and collecting royalty rights or otherwise realizing a return on investment made under the fund and all programs of the institute when appropriate in order to promote the interests and investments of the State in furthering science and technology; and [2003, c. 20, Pt. RR, §7 (NEW); 2003, c. 20, Pt. RR, §18 (AFF).]
H Protecting all proprietary information contained in proposals, contracts and grants or any other legal agreement only when such information is likely to involve patentable material that loses its protectable nature when presented in a public forum. [2003, c.20, Pt. RR, §7 (NEW); 2003, c. 20, Pt. RR, §18 (AFF).]
Fascism is therefore opposed to that form of democracy which equates a nation to the majority, lowering it to the level of the largest number; but it is the purest form of democracy if the nation be considered as it should be from the point of view of quality rather than quantity, as an idea, the mightiest because the most ethical, the most coherent, the truest, expressing itself in a people as the conscience and will of the few, if not, indeed, of one, and ending to express itself in the conscience and the will of the mass, of the whole group ethnically molded by natural and historical conditions into a nation, advancing, as one conscience and one will, along the selfsame line of development and spiritual formation. Not a race, nor a geographically defined region, but a people, historically perpetuating itself; a multitude unified by an idea and imbued with the will to live, the will to power, self-consciousness, personality Mussolini, The Doctrine of Fascism
An officer, director or employee of the institute or a spouse or dependent child of any of those individuals may not receive any direct personal benefit from the activities of the institute in assisting any private entity. .... This prohibition does not extend to corporators who are not officers or directors of the institute. [1999, c. 401, Pt. AAA, §3 (NEW).] 
§15308. General conditions; dissolutionThe institute shall operate as a nonprofit organization consistent with its composition and broad public purposes. ...[1999, c. 401, Pt. AAA, §3 (NEW).]
1. Net earnings of institute No part of the net earnings of the institute may benefit any member, officer, director or employee except that the institute may pay reasonable compensation for services rendered and otherwise hold, manage and dispose of its property in furtherance of the purposes of the institute.
§15302. Maine Technology Institute establishes the public corporate identity of the Maine Technology Institute'
1 Establishment The Maine Technology Institute, as established in section 12004-G, subsection 33-D, is a nonprofit corporation with public and charitable purposes. The duties, activities and operations of the institute are within the provisions of the federal Internal Revenue Code, Section 501(c)(3).[ 1999, c. 401, Pt. AAA, §3 (NEW).]
2 Purpose The institute, through a public and private partnership, shall encourage, promote, stimulate and support research and development activity leading to the commercialization of new products and services in the State's technology-intensive industrial sectors to enhance the competitive position of those sectors and increase the likelihood that one or more of the sectors will support clusters of industrial activity and to create new jobs for Maine people. The institute is one element of the State's economic development strategy and will contribute to the long-term development of a state wide research, development and product deployment infrastructure. [ 1999, c. 401, Pt. AAA, §3 (NEW).]
3 Board of Directors of the Maine Technology Institute: The institute is governed and all of its powers exercised by a board of directors, referred to in this chapter as the "board," consisting of 13 voting members and 2 nonvoting members.
Underlying Political Philosophy at Work:
Communist Philosophy: This theory, that all property is owned collectively, stipulates that everything a person creates and owns is also collectively shared with everyone else. The core principle behind the concept of public ownership is that every person is a product of society. Because each human is a product of society, anything he or she produces is also a product of society by translation. Therefore, anything that a is produced should be owned by the society itself because no one person has solely produced it. Communist theorist Mick Brooks stipulates that, "creation is seldom only the result of individual genius. We all incorporate the advances of others as building blocks in our own thought without even considering it. That is how humanity advances.” These ideas refer specifically to property laws and how making property public will fundamentally alter society in a positive way. Views on specifically intellectual property seem to follow in the same vein. Public Goods and IntellectualProperty Rights published on Stanford University
As the statute for MTI is currently written, the MTI public charity is not serving the public but instead a special interest of the economy already significantly capitalized. In specifying that MTI's services are to benefit public-private relationships in the technology intensive sector, and with its only statutorily authorized function identified as a matching funds program, the Maine Technology Institute serves special interests rather than the general public. The words " chartering corporations by special acts of legislation" prohibited in the Maine Constitution in Article IV Part Third Section 14, refer to special acts for special interests. MTI as a public charity, could move toward a more general purpose by functioning as a fiscal sponsor, extending its "public service" to any company which is consistent with MTI's IRS approved charitable purpose of supporting the development of products for the commercial markets, enabling all product developers, any size, in any sector of the economy, to accept tax deductible contributions from foundations and other patrons. In fiscal sponsorship, donations are made voluntarily, as opposed to the use of taxpayer money used to fund special interests, a system in which the individual donor (the taxpayer) has little say. The Maine Made Department of the Maine government, which serves all Maine made products is not a non-profit corporation and cannot function as a fiscal sponsor. Only MTI can provide fiscal sponsorship to the general public, but the statutory charter of the MTI corporation is written as a special interest law.
2. Proceedings; records; confidentiality. The proceedings of the board and the records of the institute are public for the purposes of Title 1, chapter 13, except that the following records are designated as confidential for purposes of Title 1, section 402, subsection 3, paragraph A:
C. A record that the person, including the institute, to whom the record belongs or pertains has requested be designated confidential and that the institute has determined contains proprietary information, trade secrets or commercial or financial information, the release of which could be competitively harmful to the submitter of the information, could impair the institute's ability in the future to obtain similar necessary information solely through the voluntary provision of such information and could affect other institute interests, such as program effectiveness and compliance;
[2001, c. 562, §2 (NEW).]
University of Maine Statement Governing Patents and Copyrights
IV. APPLICABILITY This policy, as amended from time to time, shall be deemed a part of the conditions of employment for every employee of the University, and a part of the conditions of enrollment and attendance at the University by students. It is also the policy of the University that, by participating in a sponsored project and/or by making significant use of University Resources and/or by participating in teaching, research, or service projects, individuals (including non-compensated individuals) accept the principles of ownership of Intellectual Property as stated in this policy, unless an exception is approved in writing by the Intellectual Property Office.
(iv) In the judgment of the Intellectual Property Office and the cognizant University administrator(s), the author(s) or creator(s) of the Copyrightable Work made more than Incidental Use of University Resources.
Duties of a State Charity?
§15303. Duties of institute: Fiscal duties include the disbursement of funds through laboratories. Other duties include the accounting, evaluation and monitoring of all activities of the institute and all programs funded in whole or in part by grants from the institute. The institute may fund necessary precursors to commercialization of products and services, including the development of new technologies and processes, the development of product concepts and the manufacture of prototypes. [ 1999, c. 401, Pt. AAA, §3 (NEW).]
Contributions From Any Source
A Receive and accept from any source allocations, appropriations, grants or contributions of money to be held, used or applied to carry out this sub chapter, subject to the conditions upon which the grants and contributions may be made, including, but not limited to, appropriations, allocations, grants or gifts from any federal agency or governmental subdivision or the State and its agencies. The amounts of the revenues generated by the investment of money contained in the fund may be used to pay the institute's operating expenses associated with the operation of the fund; and [RR2007, c. 1, §2 (COR).]This puts all State Corporations including this provision in competition with all organizations in Maine soliciting tax deductible contributions.
B Engage in matching grants activities, including, but not limited to, federal, private and foundation awards for technology extension, science and technology development and technology commercialization activities that require state funding matches and are considered consistent with the purposes of the fund. Focus areas for investment include, but are not limited to, targeted technologies as defined in section 15301. [2003, c. 20, Pt. RR, §7 (NEW); 2003, c. 20, Pt. RR, §18 (AFF).]