In keeping with what is developing as an IP theme this week, let me point out a story from the Boston Globe last month -- Creative vigilantes. I commented on the concepts of negative spaces in protecting intellectual property in earlier postings on fashion and magic. The Boston Global expands this into comedy -- in an interesting way:
Last February, Joe Rogan, the beefy host of the gross-out extravaganza "Fear Factor," got on the stage at the Los Angeles club The Comedy Store and unleashed a tirade against the comedian Carlos Mencia, who sat beside him on a stool, angrily protesting. According to Rogan, Mencia had been stealing other comedians' material for years, and the only way to stop him was by making his habits widely known. This Rogan did his best to achieve; shortly thereafter, he posted a video of the exchange - liberally peppered with indecencies and spliced with supporting material - on his website. From there it spread quickly over the Internet.
. . .
In something as simple as the public outcry of a Hollywood jokester, [Christopher] Sprigman, an associate professor of law at the University of Virginia, sees an approach that he hopes could put the lie to this thinking, and turn the heads of lawmakers. He sees a comedian enforcing respect for originality without resorting to legislation, lawyers, or the courts. He sees intellectual property being protected - not by the strong arm of the government, but by way of the very technologies that have incited stronger laws in the first place.
"People usually talk about how the Internet destroys intellectual property," says Sprigman. "But here the Internet enforces intellectual property. It helps to protect creativity by shaming pirates."
The story goes on to talk about the negative space issue - where lack of legal IP protection either helps the industry (the fashion advances through copying argument) or where other mechanisms are more effective (peer pressure in the magic industry).
The entire area of negative space is opening up a fascinating debate about the nature of innovation. What incentives are needed - and in what circumstances? Clearly, there is no one-size-fits-all solution to the innovation question. What works in one area may not work in another. And what is deadly in one area may be absolutely critical in another.
We need an innovation policy that can tell the difference.
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