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<title>Techdirt. Stories filed under &quot;imitation&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;imitation&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Fri, 30 Nov 2012 11:40:24 PST</pubDate>
<title>Psy Elects Not To Go Legal Over Gangnam Style Restaurant</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20121130/07352221184/psy-elects-not-to-go-legal-over-gangnam-style-restaurant.shtml</link>
<guid>http://www.techdirt.com/articles/20121130/07352221184/psy-elects-not-to-go-legal-over-gangnam-style-restaurant.shtml</guid>
<description><![CDATA[ Weeks ago, Mike explored the <a href="http://www.techdirt.com/articles/20121002/11573120572/gangnam-style-shows-what-can-happen-when-you-dont-lean-copyright.shtml">cultural blitz</a> surrounding the song/video Gangam Style and its creator, Korean pop sensation Psy. One of the themes of the article was how Psy&#39;s seeming permisiveness for the internet community&#39;s repurposing of his song to spread the fun around resulted in something of a turbo-charge effect on its popularity. It turns out that this understanding of how digital culture can help spread an artist&#39;s popularity wasn&#39;t a one time thing for Psy.
<br /><br />
Recently, a Korean restaurant in Los Angeles closed up shop for a few weeks as it changed its name to Gangnam Style, without even attempting to get Psy&#39;s permission, obviously looking to build their business on the song&#39;s popularity. While one might cringe at the expected legal result of the use of the song&#39;s title, you can safely un-cringe; <a href="http://www.tmz.com/2012/11/30/psy-gangnam-style-restaurant-koreatown-los-angeles/">Psy not only isn&#39;t going after the owners of the restaurant, he&nbsp;<i>loves what they did</i></a>.
<blockquote>
<i>"Gangnam Style" singer Psy will NOT sue an L.A. restaurant for naming itself after the famous song -- in fact, Psy&#39;s pumped ... because as far as he&#39;s concerned ... imitation is the sincerest form of flattery.</i>
<br /><br />
<i>The restaurant never bothered to get Psy&#39;s permission to use the name -- but sources close to the singer tell TMZ, he doesn&#39;t give a crap ... because where he comes from, imitation is a form of honor.</i>
</blockquote>
The larger point being that there&#39;s no harm from the restaurant&#39;s move and the possibility for further cultural penetration. While I appreciate Psy&#39;s inaction legally, I would actually suggest he go a step further and embrace the restaurant by reaching out and working directly with them. Why not have his music playing there? Why not have CDs or merchandise available for purchase, with some kind of agreement worked out with the restaurant? Not obstructing is wonderful, but I would suggest more collaboration by the artists to further their monetization and success. Why the hell not?<br /><br /><a href="http://www.techdirt.com/articles/20121130/07352221184/psy-elects-not-to-go-legal-over-gangnam-style-restaurant.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121130/07352221184/psy-elects-not-to-go-legal-over-gangnam-style-restaurant.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121130/07352221184/psy-elects-not-to-go-legal-over-gangnam-style-restaurant.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oppa</slash:department>
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<item>
<pubDate>Fri, 8 Oct 2010 19:39:00 PDT</pubDate>
<title>Why Imitation Gets A Bad Rap... And Why Companies Need To Be More Serious About Copying</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100912/22380510974/why-imitation-gets-a-bad-rap-and-why-companies-need-to-be-more-serious-about-copying.shtml</link>
<guid>http://www.techdirt.com/articles/20100912/22380510974/why-imitation-gets-a-bad-rap-and-why-companies-need-to-be-more-serious-about-copying.shtml</guid>
<description><![CDATA[ Earlier this year, we had a <a href="http://www.techdirt.com/blog/entrepreneurs/articles/20100426/1535079178.shtml">short discussion</a>, based on a review, over some of the concepts in the recently published book <a href="http://books.google.com/books?id=hbpWgCjt4uoC&#038;printsec=frontcover&#038;dq=shenkar,+copycats&#038;hl=en&#038;ei=jLeNTOTeCoOksQP3w_yXDQ&#038;sa=X&#038;oi=book_result&#038;ct=result&#038;resnum=1&#038;ved=0CCUQ6AEwAA#v=onepage&#038;q&#038;f=false" target="_blank"><i>Copycats</i></a>, by Oded Shenkar.  I've finally had a chance to read the book, and wanted to post some quick thoughts on it.  The book is definitely worth reading.  It's a really quick read actually, so it's not even a huge time commitment.  The basics concept of the book is clear: it notes how much economic advantage is gained through companies copying one another, while bemoaning the negative connotations associated with imitating and copying others.  But, of course, if you look closely, you see elements of copying from companies all the time.  Any time a competitor does something successful, you're likely to see others copy it.
<br /><br />
Where the book really shines, in my opinion, is in Chapter 4, where it details the massive successes and failures of copycatting in two key industries: airlines and discount retail.  In that chapter, Shenkar looks at the success of Southwest Air, which "imitated" the failed People Express, but figured out how to do discount air travel while avoiding a few key elements that resulted in People Express' failure.  He then goes through a variety of other airlines and how they tried to mimic Southwest Air, covering many examples of both success and failure, and explaining why some succeeded where others failed.  Most notable, perhaps, was the dismal failure of pretty much every single attempt by the big airlines to copy Southwest.  They all appeared to copy the superficial aspects of it -- the key things that everyone knew about -- without quite grasping the underlying <i>structural</i> reasons why Southwest succeeded, thereby setting up a business model in conflict with itself.  It's yet another fantastic reminder that the idea that big companies can just come in and copy what some innovator does is quite frequently not really true.
<br /><br />
The same chapter also looks closely at Wal-Mart, how it, too, copied certain key aspects from others, while also learning from the mistakes some other players made.  The chapter notes that Wal-Mart, K-Mart and Target were all founded in the same year (1962), but were hardly the first in that space.  Instead, all were copying a few other players who were there before -- none of whom survived.  It looks at how these three firms have changed over time, including how Wal-Mart copied many ideas from K-Mart, and then improved upon them, and how K-Mart then tried to copy Wal-Mart back, but failed (for the same reason that the big airlines had so much trouble copying Southwest -- they got the superficial stuff, but didn't realize how that clashed with certain infrastructure issues).  And then it covers how Target has carved out its own highly successful niche, both by copying Wal-Mart, but also in tweeking the model in different ways as well, such as targeting higher-end shoppers.
<br /><br />
Overall, the book is definitely a worthwhile read, though, at times it gets a little too caught up in the idea of "copying" vs. "innovating." As the details of the book make clear, true innovating is really a combination of copying the best ideas of others, adding new things (tweeks) to them, improving on them, learning from the mistakes of others, and continually experimenting.  It's all really a part of the same spectrum.  The <i>problem</i> is that we have such a negative association with the concept of "copying," even though every company does it, and the end results are often really important and beneficial to society.
<br /><br />
My other complaint -- though I totally understand why Shenkar did it -- is that he purposely stays away from the question of intellectual property, noting that his focus was only on copying that does not violate patent laws.  I think it could be interesting to look at how patent laws have impacted such copycat activities.  Some have argued that patent laws help force "copycats" to do more tweaking to "innovate around" patents.  I think it could be a ripe area for research as to whether or not that's actually true.  My suspicion (not surprisingly) is that there's little evidence to support such a claim, and that by limiting how companies can copy certain aspects, it's actually limiting their ability to successfully tweak and improve upon important concepts.
<br /><br />
Finally, the book does try to break out some "rules" for more successful copying, and that part of the book feels a bit weak.  That is, the book is much stronger in the descriptive phase, rather than the prescriptive part, which comes off just vague enough that it's probably great for generating some consulting revenue for Shenkar, but doesn't yield much more in the way of general insights.  But, that's really a small issue overall, and that section of the book is still worth reading, if only to get you thinking creatively about some of the ideas in the book.<br /><br /><a href="http://www.techdirt.com/articles/20100912/22380510974/why-imitation-gets-a-bad-rap-and-why-companies-need-to-be-more-serious-about-copying.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100912/22380510974/why-imitation-gets-a-bad-rap-and-why-companies-need-to-be-more-serious-about-copying.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100912/22380510974/why-imitation-gets-a-bad-rap-and-why-companies-need-to-be-more-serious-about-copying.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>copying-is-a-part-of-innovation</slash:department>
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<pubDate>Tue, 27 Apr 2010 13:38:00 PDT</pubDate>
<title>Imitation Isn't Just The Sincerest Form Of Flattery; It Can Be An Important Business Strategy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/entrepreneurs/articles/20100426/1535079178.shtml</link>
<guid>http://www.techdirt.com/blog/entrepreneurs/articles/20100426/1535079178.shtml</guid>
<description><![CDATA[ Just recently, we discussed yet another in a long line of studies suggesting that <a href="http://www.techdirt.com/blog/itinnovation/articles/20100419/0049489071.shtml">imitation</a> is often the most successful strategy for businesses to take.  It appears that this topic may get a lot more attention soon, which is a good thing.  <a href="http://twitter.com/copycense/statuses/12852267519" target="_blank">Copycense</a> points us to a fantastic Boston Globe article that discusses <a href="http://mobile.boston.com/art/21//bostonglobe/ideas/articles/2010/04/18/the_imitation_economy/?single=1" target="_blank">"the imitation economy"</a> and the "myth" that copying is a bad thing.  It's based on a forthcoming book, called <a href="http://hbr.org/product/copycats-how-smart-companies-use-imitation-to-gain/an/2673-HBK-ENG" target="_blank"><i>Copycats: How Smart Companies Use Imitation to Gain a Strategic Edge</i></a> that tries to dismiss the myths about copying being automatically "bad."
<br /><br />
The article mentions -- as we've pointed out for years -- that for all of Apple's success, it's really mostly been good at taking existing ideas and <a href="http://www.techdirt.com/articles/20070219/021201.shtml">packaging them up nicely</a>.  But that's incredibly valuable.  There's very little that's <i>new</i> in the iPhone or the iPad -- but the way they're put together and the way they're sold is what has made them a success and made them so valuable.  It highlights the value of the process of taking ideas and making them <i>useful</i>, rather than just assuming that the idea is the most important part.
<br /><br />
As a part of that, the article highlights how the common argument against copying is effectively a myth.  The idea that if you have a good idea some big company will just come along and copy it, rarely works:
<blockquote><i>
That means when companies copy they often do it clumsily. Shenkar offers the example of the legacy airlines in the United States and their response to the low-cost threat of Southwest Airlines. Most set up copycat airlines of their own: United with TED, Continental with CALite, Delta with Song. All quickly failed.
<br /><br />
The problem, Shenkar argues, is that in their scramble to copy Southwest, the bigger airlines failed to see the ways that central pillars of Southwest's strategy -- lower pay, short point-to-point flights, a fleet of identical smaller planes -- were incompatible with the union contracts, hub-and-spoke route structures, and larger craft the traditional carriers were saddled with.
</i></blockquote>
Indeed.  We've pointed out this kind of <a href="http://www.techdirt.com/articles/20100331/1538058817.shtml">"cargo cult copying"</a> in the past as well.  Copying is not nearly as "easy" as some make it out to be, because those doing the "copying" often are only copying the superficial aspects, without recognizing the underlying reasons why something works.  It's why IBM failed at copying Microsoft years ago.  It's why Microsoft failed at copying Google.  They tried to directly imitate on the surface, rather than understanding the underlying aspects of what's happening.
<br /><br />
That's why copying, by itself, isn't as "dangerous" as some make it out to be.  And, in fact, it's quite beneficial in many cases.  And, it turns out that this hatred of imitation is a rather recent phenomenon:
<blockquote><i>
Shenkar traces our innovation fetish back to the late 18th century. Before that -- for most of Western history, in other words -- copying was valued just as highly as creation, and sometimes more. "In the Roman Empire, where imitation was used to align the diverse cultures and institutions of the far-flung empire under a single umbrella, it served as the official pedagogy," he writes in his book. Centuries later, Adam Smith wrote that imitation should be given "the status of a creative art." But the Romantic Age, with its celebration of the sui generis and the solitary genius -- philosophers like Rousseau, poets like Shelley, and scientist-inventors like Humphry Davy -- began to change that. Copying came to be seen as disreputable, as a refuge for the unimaginative.
</i></blockquote>
The book sounds great.  It points out that there are benefits to allowing copying -- since it allows for more <i>actual</i> innovation in the form of taking what others have done and <i>improving</i> on it, while pointing out that pure copying usually isn't enough to be effective.  In other words: allowing copying is good because it drives innovation, but the actual practice of innovation goes beyond just a straight copy.  So we shouldn't be so against copying at all.  We should be encouraging smart copying that drives innovation forward.<br /><br /><a href="http://www.techdirt.com/blog/entrepreneurs/articles/20100426/1535079178.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/entrepreneurs/articles/20100426/1535079178.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/entrepreneurs/articles/20100426/1535079178.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>if-done-right</slash:department>
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<pubDate>Thu, 22 Apr 2010 07:26:30 PDT</pubDate>
<title>Innovation By Imitation: Study Shows That Success Comes From Imitation</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20100419/0049489071.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20100419/0049489071.shtml</guid>
<description><![CDATA[ We've discussed in the past the differences between <a href="http://www.techdirt.com/articles/20050322/1528251.shtml">invention and innovation</a> -- where invention is the creation of something new, and innovation is the actual process of putting it into practice.  We've pointed out that the patent system is supposed to encourage the latter (innovation -- as seen in the command that the system "promote the progress") but in practice tends to promote the former at the <i>expense</i> of the latter.  The problem is that people who aren't that familiar with the process of innovation think that the two things are the same.  But, in reality, innovation is an ongoing process, whereby people have to keep trying out different ideas to make something useful.  Anyone who's built a business learns this quickly: the original idea is usually meaningless by the time anything successful comes around.  Real innovation is a process of continually trying out new ideas and tweaking them slightly until you figure out what really attracts the market's attention.  Studies have shown that real innovation is this kind of <a href="http://www.techdirt.com/articles/20060511/1856233.shtml">ongoing process</a>, rather than the "flash of insight" concept pushed by patent system supporters.
<br /><br />
Of course, when innovation is an ongoing process, patents tend to hold back that process.  That's because they make it so that only one player in the field -- who perhaps is not the one best equipped to innovate -- gets to run that process.  Everyone else is held back.  It also slows down the pace of innovation, since without competition, the patent holder has less incentive to keep trying out those new ideas to find what works best.  As we've learned for years and years, competition breeds innovation -- but the patent system is designed to cut out competition for no particular reason.
<br /><br />
Defenders of the patent system will often claim that the more socially beneficial result is for competitors to come up with something completely new, rather than building off the work of others.  However, there is little evidence to support this particular interpretation.  In fact, most research into true innovation shows that it is much more efficient for all parties to have access to as many possible solutions as possible -- and holding back those options results in <i>sub-optimal</i> social results.
<br /><br />
Yet <a href="http://arstechnica.com/science/news/2010/04/imitators-dominate-innovators-in-a-virtual-world.ars" target="_blank">another new study has shown this to be the case</a>.  Some researchers ran a contest of sorts, where they asked various people to submit "programs" in a contest to produce the best results:
<blockquote><i>
A group of researchers set out to answer this question, and published their results in Science last week. To tackle the issue, the researchers set up a computer-based tournament based on Robert Axelrod's 'Prisoner's Dilemma' competitions in the late 1970s. In this type of tournament, entrants submit computerized strategies that compete against each other in a virtual world. Individuals, or "agents," with the most successful strategies survive and reproduce, while less successful strategies die out.
<br /><br />
In each round of the social learning tournament, automated agents could choose from 100 behaviors, each of which returned a certain payoff. The payoffs changed over the course of the tournament, simulating changing environmental conditions that might render a behavior more or less useful. In any round, agents could make one of three moves: use a behavior they already knew (Exploit), use asocial learning to test a new behavior by trial-and-error (Innovate), or learn socially by watching a behavior that another agent was performing in that round (Observe). Out of the three possible moves, only Exploit resulted in a payoff; the two learning moves would only return information about how profitable the behavior was in the current environmental conditions. Social learning was especially costly; if Observe was played when no other agent was performing a novel behavior, the agent learned nothing.
</i></blockquote>
The results, however, showed that the runaway winners of the contest were those that used "social learning" the most.  In other words, they were the ones who took what, on the face of things, appeared to be the most "costly" move -- and focused on what was working best for others and then using it successfully themselves.  In other words, yet again, we see that the strategies that make the most sense for the greatest output tend to be those where participants in a market have the ability to copy others.  Now, this upsets those who may have come up with the results first, but as <a href="http://www.techdirt.com/articles/20100107/0517167656.shtml">other studies</a> have shown, it's rarely the exclusivity of patents that leads to that invention in the first place.  So if you don't need exclusivity to invent, and a more open solution of copying leads to greater overall output and social benefit... what, exactly, is the reason for creating these kinds of monopolies anyway?<br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20100419/0049489071.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20100419/0049489071.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20100419/0049489071.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>go-with-what-works</slash:department>
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<pubDate>Wed, 25 Nov 2009 18:51:00 PST</pubDate>
<title>Researchers: Copying And Imitation Is Good For Society</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091117/1158236974.shtml</link>
<guid>http://www.techdirt.com/articles/20091117/1158236974.shtml</guid>
<description><![CDATA[ When we talk about intellectual property issues, many maximalists on both the copyright and patent side of things have this inherent sense that "copying" is "bad."  Not just "bad," it's downright immoral. You hear words like "freeloading," "parasites," "pirates," "thieves," "copycats," etc.   Yet, time and time again, when we look at industries or societies where there is less (or no) intellectual property protection, we notice something interesting: while there is definitely a lot of copying going on, it hasn't proven bad for overall innovation, and at times it's been shown to be very good for overall innovation.  When we've talked about things like the chemical industry in Switzerland in the late 19th century (which was not covered by patents), there were certainly many chemical companies who focused on copying -- but there were also many who were quite innovative, and the overall impact to the economy was very strong.  
<br /><br />
The same is true if we look at the fashion industry, which does not have copyrights.  It <a href="http://www.techdirt.com/articles/20070405/194853.shtml">thrives without copyright protection</a> in part <i>because</i> of all that copying.  The copying serves a few very useful functions: first, it helps "perfect" the offering, as each "copyist" may improve on it a bit.  Second, it helps diffuse the new idea throughout society, by offering it up in many places and ways that the originator was unable to.  Third, it offers an element of price differentiation (the wealthy want the original/official version and pay more for it, others want the cheaper knockoffs).  Fourth, it actually helps to validate the original idea (if there's a knockoff, the original <i>must</i> be cool).  Finally, it stimulates additional brand new creativity from the original creator, who must realize that he or she cannot rest on any laurels, and needs to get to work on the next great design.
<br /><br />
Copying serves an important function in getting new concepts out there.
<br /><br />
And, now some researchers have started to look into it, and actually have built a model that shows society is likely <i>better off</i> when copying is the norm.  <a href="http://www.techdirt.com/profile.php?u=marroncito">Aaron deOliveira</a> alerts us to the <a href="http://www.technologyreview.com/blog/arxiv/24409/" target="_blank">research on this</a>, which tries to model societies with creators and innovators, and finds that society is served best when 30% of the population is involved in creating new goods, while 70% is focused on copying.  Now, you can read through the <a href="http://arxiv.org/abs/0911.2390" target="_blank">full research</a> and quibble with the methodology, but the basic premise is sound, and has been borne out in real life, in situations where copying was widely allowed.  Hopefully there will be more research done in this arena, to see if this sort of modeling can be refined a bit more to take more factors into account.  But, for now, this is a good place to start, and a reminder to those who seem to think that "copying" is somehow bad, that it serves a valuable part in the overall ecosystem of building and distributing innovative offerings.<br /><br /><a href="http://www.techdirt.com/articles/20091117/1158236974.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091117/1158236974.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091117/1158236974.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-damn-important</slash:department>
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