4 out of 5 stars........
The book makes the point that copying in many cases actually increases
innovation, contrary to what some think that Intellectual Property (IP)
must be protected always or else there will not be enough incentive
(money) for people to make important new innovations. Sure, sometimes IP
must be protected, but the author tries to show, quite well, that it is
overused and in many cases restricts innovation, along with having
other negative effects. From the book, I took note of the following.....
1. Fashion is an area with little IP protection and the copying
thrives along with innovation and profits in the industry, and actually
improves the whole industry. Copying is the way trends develop and the
pioneer gains reputation in the process which can translate into even
more for the pioneer, than if the original product was protected via
copyright. And, really it is impossible to protect most things as just
slight changes to a product can always be done defeating a copyright,
anyway. Not to mention the costs of lawsuits, etc for the pioneer to try
and protect something, in time,and money. Also, the speed of the
copying hastens fashion cycles, making more innovation and profits-
induced obsolescence..
2. As for morality, unlike stealing a
car, stealing an idea still leaves the originator with the idea, plus
also since someone else has the idea there is greater chance for
innovation, improvement of the idea.....this brings up the term "piracy
paradox."
3. Cuisine is another area, with little IP
protection, which thrives because of the copying, encouraging many
variations/innovations like the Korean taco - LA's Korean Tacos in a
Truck - Kogi. The recipe can be copyrighted, but the "built food" can't
because it is so easily changed in minute ways. Chefs can't protect food
concoctions, but can the look and feel of a restaurant.
4.
Comedy, also rife with stealing, but slightly different presentations
are what makes comedy thrive even more. An example is Louis C.K and Dane
Cook.
5. Football, also.....can't copyright plays, yet
football thrives like never before. Plus, the originator still holds an
advantage by being the first - even if another team copies the play, the
team might not have the kinds of players best to execute it and would
take years of drafting, trading players, new coaches, etc to match the
originator's team.
6. The financial industry, also. Even with
copying the originator, by reputation and lead time can gain advantages
which others can never match.
7. The computer database industry, also. Can't copyright data, but the ways it can be organized. e.g. Lexis-Nexis,.Factiva.
8. The VCR actually created new industries, like video rental, also new revenue streams for the maker of films.
9. "Useful articles" is a benchmark in copyright law - a dress is
useful, a painting is not therefore can copyright. Though, there are
special cases, a dress which is more ornamental than functional might
lead to special protection. A printed fabric is protected, but the cut
and style aren't. Also "trade dress" is protected, the packaging for
instance, but not necessarily the product inside. So, trademarks, brands
and logos are protected and can increase the value of its
products/services even if they are easily copied, in fact copying
actually can increase the values.
10. Positional goods - those which create status, like trademarks, logos.
11. Also, copying can spur innovation, what lawyers call "derivative works," tweaking of the original.
12. Copying can also lower the consumer's knowledge costs, by seeing
trends happen right before their eyes - also called "anchoring."
13. Social norms can protect IP better than laws sometimes, like with comedians, chefs, etc.
14. The book also discusses "first mover" advantages and disadvantages.
15. For music, can make exact copies, but can't reproduce the
performance, live session/concert, etc, so the performance aspect is
thriving even more despite the copying, etc. Also, some restaurants
won't allow takeout or home delivery.
17. Open source software
is discussed. Wikipedia more successful than Microsoft's Encarta. Linix
operating system also has led to a new company, Redhat. Plus, creates
competition to put pressure on Microsoft, etc to keep improving their
products.
18. Fonts are also discussed, zillions of different
ones, lots of copying and tweaking....plus, the usefulness test, can't
print w/o them, so only certain ones can be protected, so creativity
thrives, creating more and more fonts.
Anyway, the book does give
one a better understanding of the effects of copying, which it seems
more often than not increases creativity, innovation and overall
prosperity. After reading it, I think my understanding of IP and its
effects is better.
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