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stories filed under: "rules"
Predictions

Predictions

by Dennis Yang


Filed Under:
rules, underdogs



Underdogs Win By Changing The Rules

from the art-of-war dept

If David and Goliath were to have fought today, we would probably find Congress holding a hearing about why the the "sling" was an unfair advantage, and that future sling users would need to stand within swords reach of their opponents. But, being such an adept warrior, how is it possible that Goliath never foresaw the advent of the sling? In a particularly inspirational piece in the New Yorker, entitled Annals of Innovation: How David Beats Goliath, Malcolm Gladwell explores just how underdogs topple giants. Gladwell follows a basketball team of 12-year-old girls, coached by TIBCO founder Vivek Ranadivè, as they encounter teams whose members are taller and more skillful than they are. But, by employing the full-court press for the whole game, an unconventional tactic that confuses and exhausts teams that are used to more traditional play, they started to win games. By changing the way that the game was played to tailor to their own strengths (and by training them to exploit these unique strengths), Ranadivè was not just winning games, but dominating other teams so much as to ultimately take his team to the national championships.

What was perhaps most fascinating in the article was the research conducted by political scientist Ivan Arreguin-Toft. Arreguin-Toft looked at every war in the past two hundred years and found that when the weaker combatants changed the rules, their win percentage went from 28.5% to 63.6%. That's an astounding figure.

When applied to the business world, it reveals a vast field of opportunity for entrepreneurs, who are, by definition, scrappy upstarts changing the rules to get ahead. People often insist that big companies can simply steal the ideas of the new companies that aren't "protected." In reality, those ideas are oftentimes so game-changing, that established companies scoff at them. And then, after it is evident that they have been left behind, they angrily complain of unfairness, when in reality, the opportunity was always there, they just chose to rest on their laurels. In the past few years, Google has helped tear down the conventional advertising wisdom that ad spending is inherently wasteful, as reflected in John Wanamaker's famous statement: "Half the money I spend on advertising is wasted; the trouble is I don't know which half." By building tools that allow advertisers to closely track and monitor the performance of their ad budgets down to the penny, Google has drawn the ire of traditional newspapers, who have seen their print ad market shrink as they look for a way to compete in this new, ROI-driven world that Google has defined. Similarly, when Craigslist first started, its audience paled in comparison to that of the newspapers. By offering a simple, bare-bones service that only charged for certain classified ads, it too changed the game and now thrives in the face of the struggling newspapers.

That said, in today's world, Google and Craigslist have become the Goliaths, and are vulnerable to the same rule changing tactics that they employed to get to where they are today. So, newspapers, perhaps instead of trying to have Congress officially un-change the rules and legislate your businesses back to health, maybe it's time for your own style of a full-court press and figure out how to innovate and change the rules yourself. That said, history tells us that incumbents have a very difficult time breaking free from their own rules, so my money would be on an upstart that's brewing in someone's garage right now.

18 Comments | Leave a Comment..

 
Scams

Scams

by Mike Masnick


Filed Under:
mlb, reporters, rules

Companies:
mlb



MLB Follows NFL In Restricting How Reporters Can Report On Games Online

from the who-puts-up-with-this-stuff? dept

Brian writes in to let us know that Major League Baseball seems to be following the NFL's rules on how reporters are allowed to report on games. In the MLB's case, reporters can only post short video clips, can't post more than 7 photos per game and all non-text content must be removed after 72 hours. It's fairly amazing that news organizations agree to put up with these restrictions. The fact that news organizations caved into the NFL is what has allowed MLB to go down a similar path. Again, MLB has every right to set the terms by which it gives out press passes, but news organizations should push back against these policies, potentially buying tickets themselves, rather than getting team-approved press passes. It's also not at all clear why a news report shouldn't be allowed to post as many photos as they want on their site, or why they shouldn't be able to leave them online for more than a few days.

18 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
continuations, patents, rules, uspto

Companies:
glaxosmithkline



Court Stops Patent Office From Limiting Continuations

from the not-so-fast-there dept

The practice of filing for continuations, or modifications, on patent applications can make sense in some cases, but it's widely abused by people who file a broad, overly vague patent on a hot area, and then continually update it as they see where the market is heading. Then, by the time they finally get a patent it covers a lot of the actual innovation (usually done by others) after the patent was filed and which had little to do with the original patent. Earlier this year, the US Patent Office, recognizing this problem (years too late) decided to start limiting continuation filings and announced that the change would go into effect November 1st. Not surprisingly, supporters of stronger patent laws were aghast and filed a lawsuit to stop the changes from going into effect. A judge has now blocked the USPTO from implementing the new rules. This isn't a permanent block on the rules -- it's just an injunction while the court decides whether or not the rules make sense. Obviously, those who are fans of monopoly-based business models want to be able to continually modify patents, but the fact that it's been abused so often means that limits on such things makes a lot of sense -- so much sense it's almost surprising the Patent Office supported it. Now we'll see if they're ever allowed to actually implement those rules.

17 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
patents, rules, uspto



US Patent Office Making Some Changes To The Rules

from the good-for-them dept

With Congress debating patent reform and the Supreme Court correcting the mistakes of lower courts when it comes to patent laws, it seems that the US Patent and Trademark Office is finally starting to realize that there's widespread dissatisfaction with how it's going about things. Perhaps it's starting to realize that the purpose of the USPTO isn't to grant patents, but to promote innovation. To that end, it's making some minor, but still important, changes to the rules for patent examiners, hoping to improve the quality of patents being approved. The latest change is to try to cut down on overly broad patents and patents where the actual invention isn't entirely clear, by forcing applicants to only include a single invention in a claim. This way the examiners know what the invention is that they're actually supposed to be examining. The fact that this wasn't in place before (along with the suggestion that patent examiners weren't entirely sure what they were examining) should say something about the state of our patent system.

6 Comments | Leave a Comment..

 
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