Yet Another Example Of Creativity Exploding Without Copyright Law: Football Plays
from the the-no-copyright-offense dept
The theory behind copyright, of course, is that such government-granted monopolies are necessary to encourage innovation in a market. The idea is that, without such protectionism, no one would bother innovating, because they'd know that others would immediately copy them. This was based on theory, however, and tragically, many people have continued to assume this theory must absolutely be true. As we've noted in the past, it's this odd "faith-based" approach to copyright law. That's a problem, because every bit of evidence suggests this theory is simply not true. Every time we look at creative industries where there is no or little copyright protection, we seem to find an awful lot of innovation and creativity, where the theory would suggest it doesn't make sense for that to happen. In fact, when we've compared industries across countries where one country has copyright protection and the other does not, those without copyright tend to be bigger, more innovative and more creative.In the past, we've looked at how the fashion industry, the restaurant industry, the stand-up comedy industry, and even the magician industry all seem to be incredibly creative and thrive without copyright protection. Now, Kal Raustiala and Chris Sprigman, who have been studying this same topic for a long, long time, are highlighting the same thing in an area you might not have considered: football plays. Yes, football plays -- which are not copyrightable. As they note, American football has been filled with creative innovation when it comes to new plays. And, while the faith-based "theory" of copyright suggests that no team would innovate because others would just copy them, reality has shown quite the opposite. Raustiala and Sprigman go through a series of innovations, from the forward pass, to the "west coast offense" to the "zone blitz" to the "no huddle offense" to the "spread offense." Each were massive innovations that effectively changed the game.
As they note, each time there was a new innovation, it was met with "contempt," as others accused teams of "cheating." And, yet, over time, each of these innovations spread across the league, as teams copied them and continue to innovate as well. They point out that someone even did try to copyright a football formation once (comparing it to dance choreography -- which is copyrightable). Raustiala and Sprigman point out that, despite the fact that such plays aren't copyrightable, there's still so much innovation. One key point they make, is that this is an area where a first mover advantage is quite important. Of course, that applies in many other industries today as well.
Towards the end, they make a key point about economic theory, that's absolutely worth sharing:
Finally, the story of innovation in football is tied to a much deeper debate in the economics of innovation. Economists today disagree about the conditions most conducive to innovation. Some, following the ideas of Joseph Schumpeter, maintain that innovation requires shelter from competition -- the firm in a competitive market is hard-pressed to focus on anything but the short-term, and because profits are limited by competition, may lack the resources to innovate. Other scholars, following the lead of Nobel laureate Kenneth Arrow, argue that innovation is best fostered by sharp competition -- firms struggling for any advantage over their rivals are forced to innovate or die. This divergence in views has hardened into a Schumpeterian vs. Arrovian standoff -- and the state of the evidence does not allow us to fully understand yet which view is right.This is a perfect summary of many of the debates around here (and reminds me why I've never been a fan of Schumpeter and keep one of Arrow's texts on the economics of information on my desk at all times). It also explains why I have so much trouble with today's intellectual property law. It completely assumes a Schumpeterian view on the world, when a significant amount of evidence suggests Arrow's view is the correct one. The one point where I disagree with the statement is the idea that the evidence is not compelling enough in one direction. The more you look, the more it seems to suggest that Arrow is absolutely right on this one, and Schumpeter is -- as with many of his insights -- compelling and thought-provoking, but slightly off in the all important details.
Intellectual property law, however, is essentially Schumpeterian. The theory of patent and copyright is that by sheltering innovators from competition -- that is, by prohibiting copying of the innovation -- we encourage innovation. But perhaps the Arrovians are right. Football, for example, illustrates innovation occurring in the midst of cut-throat competition. And football doesn't stand alone. Some of the other creative industries we've described, such as fashion and food, look like Arrovian innovators as well.
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Filed Under: arrow, copyright, economics, football, schumpeter
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Schumpeterians believe what could be seen as a form of creationism: they believe that only a powerful entity is capable of creation (innovation).
Arrovians essentially believe in evolution: companies, faced with competition, are forced to innovate (evolve) or die.
It now goes down to what you believe in: the faith based system or the one rooted in the laws of nature? Personally, I think nature holds the answer to most human problems (we are part of it after all), therefore, I'd have to go with evolution.
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IT'S A TRAP!!!!
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Exploding Creativity.
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Re: Exploding Creativity.
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Re: Exploding Creativity.
There are these crazy people in Europe trying to make an opensource rocket and authorities came running trying to stop them from publicizing anything that a terrorist could potentially use.
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Re: Exploding Creativity.
Was New Zeland.
http://www.aardvark.co.nz/pjet/
http://www.interestingprojects.com/cruisemissile/
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I've studied a lot of copyright theory, Mike, and I am certain that you are not correct about this. I've NEVER seen it argued that the government-granted monopolies are NECESSARY. The argument is that they are SUFFICIENT. Can you point me to one source of authority to back up your assertion that the theory says such monopolies are sine qua non to innovation? The fact that you think this makes your understanding of copyright theory very suspect, IMO.
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The entire core the lobbying and "education" campaigns is "without copyright, the industry is destroyed".
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I'm thinking more along the lines of the Founding Fathers' writings, scholarly articles, law journals, etc.
I'm certain you won't find any real authority arguing that the government-granted monopolies are the ONLY way to incentivize.
I think Mike's just misstating the theory. I'll give him the benefit of the doubt and say that his mistake is probably not intentional.
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Generally speaking, the argument is "without copyright innovation wouldn't exist or would be severely reduced". In other words, it is assumed that copyright is sufficient because it increases innovation, but ALSO necessary because no viable alternative exists.
Mike is disputing both those claims. The lesson to take home: "in lack of copyright there is more innovation, as there is more competition without monopolies". Thus, copyright is neither sufficient (as per the Founding Fathers' writings, because instead of promoting the progress it discourages it), and it's certainly not necessary (because things work more efficiently in its absence).
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But there's a big difference there. If you claim the theory is that copyright is necessary (as Mike often has), then all you have to do is show *some* innovation without copyright and you disprove the theory.
If the theory is that there would be *less* innovation, then it's much harder to show whether there would be more or less in the world we have or the hypothetical world without copyright.
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This.
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The real debate, I think, is whether copyright is the best way to incentivize innovation.
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But copyright supporters keep making that claim.
So when you find an example of innovation that was incentivized without copyright, you're not disproving copyright theory.
Yes, again, it is.
The real debate, I think, is whether copyright is the best way to incentivize innovation.
Sure, and the evidence is lacking there as well.
But the first argument is to disprove that it's the "only" way to incentivize, because that's what we keep hearing from the industry and politicians.
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If that's what they're saying, then I agree with you that they're wrong.
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It's a common refrain from the RIAA, MPAA, their supporters and politicians. It's regularly used in the debates over copyright issues.
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In your article, you state: "The theory behind copyright, of course, is that such government-granted monopolies are necessary to encourage innovation in a market."
I interpreted this to mean the theory as understood by academics. If you meant to say the theory as it's misrepresented by others, you certainly weren't clear about that.
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One, something that is not sufficient to achieve a goal may or may not be required to achieve said goal. For example, a quarter is not sufficient to purchase an item worth one dollar.
Two, something that is more than sufficient to achieve a goal is more that what is required to achieve said goal. For example, a five dollar bill is more than sufficient to purchase an item worth one dollar.
Three, something that is sufficient to achieve a goal is the bare minimum that is required to achieve said goal. For example, one dollar is sufficient to purchase an item worth one dollar.
Therefore, anyone who argues that copyright is sufficient, is also arguing that it is the bare minimum required, which means they think it is necessary. The fact that there are other ways to protect the industry is irrelevant because supporters of copyright are supporters of copyright, not those other solutions.
Thanks, and have a lovely weekend.
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Interesting argument, but it doesn't hold water. Sufficient does not mean necessary.
Copyright can be sufficient to incentivize innovation without being necessary to do so. That's my whole point.
I was a math teacher in a past life, so let me give you an example...
Let's say my goal is to get full. I eat a whole turkey and it makes me full. You can say the turkey was sufficient. But I could also eat a whole pie and get full. So the pie is sufficient as well. Neither the turkey nor the pie are necessary to get full, since there are other ways to do it.
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Thanky.
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Turkey supporters can think that turkey gets the job done while acknowledging that pie works as well.
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Dude, get a girlfriend....
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That's not how the term "sufficient" is commonly used.
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However, I don't think most copyright theorists would say it is sufficient, by itself, to spur innovation.
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Football (NFL as depicted) *IS* sheltered from competition.
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Re: Football (NFL as depicted) *IS* sheltered from competition.
Vince Lombardi, Bill Walsh, and Mike Martz would all like a word with you please....
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Re: Football (NFL as depicted) *IS* sheltered from competition.
I have this apple here. It look like, tastes like, smells like and orange, even comes from an orange tree, but its an apple for the sake of this example. And here is an Apple. It looks like an apple, it tastes like and apple, it even grows on an apple tree. in no way is it different than the other apple I was talking about before. Right?
See what I did there? you can't compare innovation in the world of fishing with innovation in the world of music. They are not in the same competition. So why is it you feel you need to compare the innovation inside the NFL to innovation outside the NFL? Anything NOT inside the NFL is in its own sheltered area away from other areas. Innovation in cars wont matter to an Amish family, an innovation in their process in building a barn might, but that barn building innovation wont have any sway on the automobile industry.
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Re: Re: Football (NFL as depicted) *IS* sheltered from competition.
An this is why many companies fail. There are tons of examples where significant scientific developments were made on one area that relied on a (sometimes accidental and apparently worthless) discovery on made on a completely different area.
Example: Spider silk. Spider silk has more tensile strength than steel and many are interested in exploring this material for industrial purposes.
As you can see, industries like, perhaps the construction industry, could make use of research developed by biologists. But, according to your theory, they would have no interest in puny spider silk and much less in egghead biologists.
Research in one field does not exclusively benefit only that field.
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Re: Re: Re: Football (NFL as depicted) *IS* sheltered from competition.
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See what I did there?
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innovation vs restraint
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The rationale behind copyright is more a hypothesis than a theory.
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Vice Lombardi once said he didn't care if the other team knew what they were doing because if his team executed perfectly, they couldn't stop it anyway. The Bengals were the first team to use the no huddle offense, but they didn't have the talent or execution for it to make that much of a difference. Other teams picked it up and do quite well.
McDonals competitors know exactly what they do, but they can't quite seem to beat them. The key is knowing what you are good at, focusing on that and executing on it. Sounds basic, but that is pretty much what every company needs to do. Very few companies actually execute well, and some don't even know what they are good at.
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Interesting . . . but, relevant?
I guess one might patent a football play...
In any case, I'm not sure these counter examples actually disprove the benefits of our current copyright/patent scheme in the US, as much as they merely demonstrate that nobody should assume that just because one might consider it to work for books and movies that it would necessarily work for other things.
I don't think you can actually disprove the utility of our IP infrastructure without actually being able to turn it off completely for some period of time to see what happens.
HM
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Re: Interesting . . . but, relevant?
Sort of like the examples of other countries, that Mike has pointed out several times, which thrive with weak/no IP laws then when the US puts pressure on them (at the behest of the **IA) to create/enforce stronger IP laws, suddenly slow down the economic growth in those industries? That kind of disproval of IP infrastructure?
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Re: Interesting . . . but, relevant?
Just as writing a book or music or movies is a means to an end as well.
Not sure your point.
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What an awful, awful straw man.
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Sports depends on leveling the playing field
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Re: Sports depends on leveling the playing field
That's not really how sports works. The playing field is supposed to be equal but the teams are all supposed to be striving to be unequal. Think of it like economics, the market is supposed to be fair but that does not preclude competition. Given the analogy you have to ask why is copyright 'good' for everyone but footballers.
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Re: Re: Sports depends on leveling the playing field
The league creates rules to try to make things more equal. For example there is the salary cap and also the worst team getting to pick first in the draft.
When a development threatens to give some teams an overwhelming advantage, then the league makes rules to modify it.
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Can European soccer learn from NFL on team parity? | Analysis & Opinion |: "The salary cap which makes sure that cash doesn't talk too much and the draft, which gives the lowest ranked team the first pick of the best college talent, are the two most obvious means by which the NFL ensures that things stay interesting.
On the surface at least, it seems a remarkably socialist system for a profit-orientated American sports league to have in place. Money and talent is spread around equally to ensure that there is a healthy equality. ...
Indeed the draft system is almost a little welfare-state style form of assistance."
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Imagine if tech companies held a draft of the best college grads and then told them how much they could make and where they had to live. Oh, that is right, the courts just slapped a few tech companies for not poaching each others executives.
Imagine if the Big 4 accounting companies held a draft for the top accounting grads every year? Think that would go over?
An Ohio State RB was actually going to challenge this but he was thrown in jail for something or another.
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I actually see the current NFL and NBA systems as comparable to anti-trust legislation. If one team gains an unfair advantage, the league officials rejigger the rules to create parity again. So it's like forcing AT&T to spilt up into regional companies.
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OXYMORONS,...
1/ Monopolies and innovation don't really happen in the real world, not together anyway.
2/ Brilliant minds will innovate, protected or otherwise. Someone once said innovation is like sex, protect it and you remove the whole point!
3/ If someone copies your idea, it was good one. If they do it cheaper, your business model is rubbish.
4/ And finally, put the word 'government' in anything with innovation and all you get is FUBAR!
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One could say that no one is forcing them to play professional sports but one could say the same about being an accountant or programmer also.
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