This month's column, in the eyes of several respondents, represents the struggle of competitive strategies based on process versus product. When seen in this light, the triumph of speed over ideas, which many see as a reality, is not necessarily onerous. And it doesn't, in the opinion of respondents, warrant additional regulatory intervention.
Paula Thornton asks, "Does it [the loss of intellectual property to rapid responders] really matter? ... In many cases IP is overutilized as a crutch (or as nail to those bearing hammers)." David Sherr recalls, "Lester Thurow introduced the idea of IP as not sustainable as a competitive advantage…. It is knowledge that allows speed to trump IP."
As E. Hassen put it, "Intellectual property is not just about product but process as well. Speed is an integral part of process…‘I thought of it first' is hardly a compelling argument…. The bottom line: Speed is good for intellectual property." According to B. V. Krishnamurthy, "Of all the resources available to humankind, there is one which is given in equal measure to everyone…. That resource is time …using time better than others represents a capability which is difficult to replicate."
Several did suggest potential problems, however, in using speed to preempt the fruits of intellectual property. John Rudd comments, "The practice mentioned by Fox (television network) appears prima facia to be, at worst, plagiarism, and at best, opportunism." The long-term effects of strategies based solely on such practices appeared to some to be potentially counter-productive for their users. Sharika Kaul typified this view when she asked, "How many times can you copy?…A copycat company…is only hurting itself in the end by showing employees that it is okay to cheat."
Sairam Inumella asserts, "New legislation is not a solution to this ‘problem'…. Maybe this copycat competition will help the networks move toward strategies that play to their unique strengths, and maybe in the end this will create more interesting program choices for audiences." Azeem suggests a more appropriate response, saying, "Speed can trump IP, especially in technology industries. In the time it takes to secure a patent, you ought to have rendered your technology redundant."
Judging from the tone of these responses, is the value of intellectual property in all but a few instances or industries vastly overrated? Is the appropriate response to this dilemma to rethink processes to achieve speed as both a defense and an offense against competitors in the race to develop knowledge as opposed to placing too much emphasis on patent protection? Are government regulations protecting intellectual property applied far too broadly these days? Should they be limited to certain industries, products, or processes where they can be judged essential to innovation? What do you think? 