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Protecting their digital assets: The use of formal & informal appropriability strategies by App developers

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Innovators and entrepreneurs developing products and competing “on top” of digital platforms face different conditions than do those in more traditional industries. In this paper, we explore how this affects appropriability strategies in novel data on mobile app developers’ appropriability strategies. We find that the many smallest developers in the “long tail”— the vast majority of all developers – do in fact take actions to capture value and to protect their intellectual property, but do so only through informal mechanisms. By contrast, larger developers exploit a combination of both informal mechanisms and formal intellectual property rights, using copyright, patents, and trademarks. Several strategies particular to digital platforms are also documented. We link this pattern of different strategies pursued by different competitor types to the structural features of digital competition.
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Research Policy
journal homepage: www.elsevier.com/locate/respol
Protecting their digital assets: The use of formal & informal appropriability
strategies by App developers
Milan Miric
a,
, Kevin J. Boudreau
b
, Lars Bo Jeppesen
c
a
University of Southern California, Los Angeles, CA, United States
b
Northeastern DMSB and National Bureau of Economic Research, Boston, MA, United States
c
Copenhagen Business School, Frederiksberg, Denmark
ARTICLE INFO
Keywords:
Appropriability mechanisms
Intellectual property
Digitization
Platforms
Entrepreneurship
ABSTRACT
Innovators and entrepreneurs developing products and competing “on top” of digital platforms face dierent
conditions than do those in more traditional industries. In this paper, we explore how this aects appropriability
strategies in novel data on mobile app developers’ appropriability strategies. We find that the many smallest
developers in the “long tail”— the vast majority of all developers do in fact take actions to capture value and to
protect their intellectual property, but do so only through informal mechanisms. By contrast, larger developers
exploit a combination of both informal mechanisms and formal intellectual property rights, using copyright,
patents, and trademarks. Several strategies particular to digital platforms are also documented. We link this
pattern of dierent strategies pursued by dierent competitor types to the structural features of digital com-
petition.
1. Introduction
A central question in the study of innovation is appropriability, that
is, how innovators are able to protect and profit from their innovations
so that they have an incentive to undertake innovation in the first place
(Arrow, 1962; Levin et al., 1987; Laursen and Salter, 2014; Teece,
1986). Over the past decade, the emergence of digital platforms has
given rise to a new mode of production (Gawer and Cusumano, 2002;
Tiwana, 2004; Parker et al., 2016), allowing smaller firms to create
complementary innovations on top of platforms to bring them to
market. While the importance of third-party developers appropriating
value has been established (Huang et al., 2012; Parker and Alstyne,
2017; Gawer and Henderson, 2007), little of the research on appro-
priability mechanisms and strategies (Cohen et al., 2000; Levin et al.,
1987; Hall and Ziedonis, 2001) has yet examined touched on the stra-
tegies of these innovators working on digital platforms. In this paper,
we seek to provide more insights into this under-studied question, and
particularly how the smallest developers on digital platforms, protect
and appropriate value from their innovations.
The value of digital platforms depends on the availability of com-
plements (Parker and Alstyne, 2005; Rochet and Tirole, 2006). For
instance, the value of computer operating systems depends on the
availability of complementary third-party software. As a result, plat-
form owners have tried to increase ease of access and lower the costs of
developing for their platforms, to allow even small firms or individuals
to do so, and for a “long tail”of developers to join, including hobbyists
and amateurs. While these small-scale innovations may individually
account for a tiny share of revenue, collectively the long tail can
sometimes represent a considerable share of economic activity. Take,
for example, that most developers on both the Unity asset store and the
Salesforce app market are small 3rd-party developers generating bil-
lions of dollars in revenue. For many of these innovators, the ability to
appropriate value and profit may be important to motivating them to
join the platform in the first place (Huang et al., 2012; Parker and
Alstyne, 2017; Gawer and Henderson, 2007). Little is yet known about
how such small developers protect their innovations, including whether
https://doi.org/10.1016/j.respol.2019.01.012
Received 9 December 2017; Received in revised form 16 January 2019; Accepted 16 January 2019
We appreciate helpful comments and reactions from seminar participants at Copenhagen Business School, INSEAD, London Business School, National University
of Singapore, Singapore Management University, Robert Austin, Shane Greenstein, H.C. Kongsted, Toke Reichstein, Keld Laursen, Thomas Dahl Jensen, Alfonso
Gambardella, Claudio Panico, Phanish Puranam, Juan Santalo, Sampsa Samila, Thomas Rønde, Chris Tucci, Feng Zhu. We are grateful to Richard Nelson and Wes
Cohen for providing us with the original Carnegie Mellon Survey. We are grateful to Copenhagen Business School, London Business School, Bocconi University,
Harvard University, Northeastern University and the University of Southern California for financial. London Business School provided IT, server, and operational
support. All errors are our own.
Corresponding author.
E-mail addresses: mmiric@marshall.usc.edu (M. Miric), kevin@northeastern.edu (K.J. Boudreau), lbj.si@cbs.dk (L.B. Jeppesen).
Research Policy 48 (2019) 103738
Available online 10 February 2019
0048-7333/ © 2019 Elsevier B.V. All rights reserved.
T
they rely on intellectual property rights (IPR) to protect their innova-
tions the same way that larger firms typically choose to do. For in-
stance, there has been little exploration of how developers might pro-
tect their innovation in contexts where the cost of getting a patent,
itself, might often exceed the expected revenues from selling the pro-
duct, or where it is uncertain whether property rights are practically
enforceable (Graham et al., 2009).
The question of appropriability is critical to the study of innovation
and innovation policy; it helps policymakers to create conditions to
incentivize innovation (Arrow, 1962). In this context, the question of
how third-party developers appropriate value is perhaps even more
important, because the success of the platform depends on the ability of
the platform regulator to attract complementers to create third-party
products (Boudreau, 2010; Gawer and Cusumano, 2014; Parker and
Alstyne, 2005). As Gawer and Cusumano (2014) noted, “platform lea-
ders tend to successfully stimulate a certain kind of externally devel-
oped innovation (that would complement the platform).”Earlier studies
have provided insights into how firms appropriate value from their
innovations (Levin et al., 1987; Cohen et al., 2000; Laursen et al., 2014;
Hall and Ziedonis, 2001; Graham et al., 2009; Hall and Sena, 2017;
Arundel, 2001; Huang et al., 2012) and the broad strategies that firms
(can) use to protect their assets resulting from their innovation (Teece,
1986). Out of this interest has emerged a body of empirical studies
documenting appropriability strategies by large firms, predominantly in
manufacturing industries (Cohen et al., 2000; Levin et al., 1987). More
recently, studies have looked at forms of appropriability in traditional
software development (Cockburn et al., 2011; Bessen and Hunt, 2007;
Hall and Ziedonis, 2010), but these still generally focuses on larger
firms. The literature regarding appropriability by smaller innovators
has focused often on software developers that may freely reveal their
innovations to derive indirect monetary benefits (Harhoet al., 2003).
However, many small developers may want to profit from their in-
novations, particularly on digital platforms. None of these earlier stu-
dies have considered how smaller innovators that seek to profit from
their innovations by selling or commercializing their products will
choose to appropriate value from their innovations.
To make progress in understanding how innovators protect their
innovations on digital platforms, we study appropriability strategies of
innovators on the Apple App Store—the largest and economically most
important case of competing innovators working on a digital platforms,
today. Beyond its sheer economic magnitude, the Apple App Store
presents a useful case to study in that its products cover a wide range of
particular digital product types (e.g., productivity, gaming, education,
and finance apps, and many more). Studying the Apple App Store also
permits us to study a wide cross-section of types of innovators, in-
cluding both large and small developers, including independent de-
velopers, micro-enterprises, and part-time developers. This is also a
context to observe strategies in an increasingly typical cases where the
platform owner itself, Apple, takes actions to support enforceability of
US patent, copyright, and trademark laws.
In this study, we begin by framing the use of appropriability stra-
tegies along the lines as has been identified in earlier studies (i.e., pa-
tents, copyrights, trademarks, lead time, and rapid innovation). We are
guided, in particular, by the framework established in Yale and later
Carnegie Mellon surveys (Cohen et al., 2000; Levin et al., 1987) for our
data collection on the use of formal and informal mechanisms. Apart
from the use of appropriability mechanisms, our global app developer
survey also collected a range of information on developer attributes,
strategies, perceptions of competition, and appropriability concerns.
We match our survey data to an observational data set covering the full
population of app developers, in which we observe all titles and ver-
sions developed by all developers, across all distinct categories or
genres of apps (e.g., games, travel, references). We use the observa-
tional data to reweigh our survey responses to ensure representative-
ness of the survey sample and an accurate estimation of population-
level patterns. (Fortunately, the survey responses are themselves highly
representative of the population, and reweighing to reflect the popu-
lation does not substantially alter results.)
We find that appropriability strategies used by developers on the
Apple App Store cluster onto several combinations of approaches. Of
those firms that attempt to protect their innovations (70.59% of firms),
the majority use either only informal strategies (36.76%) or a combi-
nation of formal and informal strategies (24.12%). Only a small pro-
portion of all firms (9.71%) utilize only formal protections. A con-
siderable share of developers do not report using any form of
appropriability strategy (29.5%),
To identify key correlates with these clusters of appropriability
strategies, we use a variable selection model commonly used in ma-
chine learning applications that has been adapted to econometric ap-
plications (Double LASSO by Belloni et al., 2013, 2014). A main finding
is that a first-order distinction exists between strategies used by large
and small developers. Our analysis shows that informal IPR protections
are used by very small firms and part-time developers, while larger
firms use formal IPR protections alongside informal strategies. The
findings are robust to including in the analysis controls for developer
motivations, revenue models, sources of innovation, and products
characteristics.
Our study most directly contributes to the extensive literature on
appropriability strategies (Teece, 1986; Cohen et al., 2000; Levin et al.,
1987), where here we take an early step toward understanding these
issues in the increasingly important context of digital platforms, where
structural conditions fundamentally dier (Greenstein et al., 2013;
Goldfarb et al., 2015; Yoo et al., 2010; Nambisan et al., 2017) from
those in previously-studied manufacturing and bricks-and-mortar in-
dustries, reviewed herein. For instance, this includes a relative ease of
developing innovations “on top” of platforms, and relative ease of
copying or replicating digital innovations.
This paper also contributes to research on platforms that has con-
sidered how third-party developers can protect themselves from having
the value of their innovations expropriated. Whereas the past literature
has tended to study the possibility of the platform owner engage in
profit-squeezing or vertical integration into a given complement
(Gawer and Henderson, 2007; Parker and Alstyne, 2017; Huang et al.,
2012; Foerderer et al., 2018; Zhu and Liu, 2018; Boudreau, 2010),
whereas here we focus on the threat of peer developers.
2. Literature review
As a backdrop for our study of appropriability on digital platforms,
we provide an overview of appropriability as it relates to the literature
on the economics of innovation.
The patent's role as a legal/formal protection mechanism has been
prominent in studies of appropriability. The purpose of patent rights is
to provide innovators with exclusive rights to use an innovation in
exchange for disclosing the inner workings of the technology. Existing
studies have found that innovators report using a wide range of stra-
tegies in addition to or instead of patents to limit competition and ap-
propriate value from their innovations, including other formal property
rights (e.g., copyrights and trademarks) and informal strategies, such as
first-mover advantages and design complexity (Levin et al., 1987;
Cohen et al., 2000). In some cases, firms may rely on proprietary
complementary assets in manufacturing, distribution, and marketing,
sales, and service (Teece, 1986). At times, innovators choose to forgo
patent protection to avoid disclosing the required inner workings of
their innovation (Png, 2017; Arundel, 2001). In other cases, firms use a
combination of patents to protect certain elements of their innovation
and secrecy to protect other elements (Levin et al., 1987). The decision
of whether firms will use patents, combined with or instead of some
other form of protection, depends largely on the eectiveness of the IPR
regime for that particular innovation, the characteristics of the focal
firm, and the cost of deploying the mechanism (Teece, 1986; Graham
et al., 2009).
M. Miric, et al. Research Policy 48 (2019) 103738
2
2.1. Eectiveness of IPR and appropriability strategies
An important feature of whether firms protect through patents or
alternative strategies depends largely on the eectiveness of patent
protection (Teece, 1986). Prior studies have attempted to determine
this eectiveness in a variety of ways. Several papers have explored
how the introduction of patents or trade secrets protection influences
innovative activity (Moser, 2005, 2013; Png, 2017). These studies have
found that patent protection leads to more innovation, suggesting that
patents are eective at protecting innovation. Similar approaches have
been used to test the eectiveness of copyrights and trademarks (Moser,
2013; Png, 2017). Other studies have investigated patent filing and
renewal decisions and used this to infer whether patent rights are an
eective means of appropriating value and what this means for in-
novation (Hall and Ziedonis, 2001; Bessen and Hunt, 2007; Lanjouw
and Schankerman, 2001). Several studies have focused on the re-
lationship between holding patents and firm performance in a compe-
titive market. These studies find that patents are an eective means of
appropriating value from innovation (Cockburn and MacGarvie, 2011;
Cockburn and Griliches, 1987). Some studies have attempted to quan-
tify the “patent premium” or boost to revenues that results from in-
novators using patents or copyrights to protect their innovation (Arora
et al., 2008). Other studies have surveyed companies, asking them
whether they use formal IPR and whether they perceive IPR to be an
eective means of appropriating value (Levin et al., 1987; Cohen et al.,
2000).
The consensus from this literature is that patents can provide an
eective means of appropriating value from an innovation. This holds
true for software industries, where patents may not necessarily be as
widely used as in other settings but have still been found to be eective
at protecting innovations and in strategic maneuvering (Bessen and
Hunt, 2007). Interestingly, the incentives to use patents have been
found to be lower for small firms (See Graham et al., 2009). It is also
clear that patents are not the only means through which firms are able
to appropriate returns. In many cases, firms use a variety of other
strategies in addition to patents to protect their innovation, and they
often do so through a combination of formal and informal means
(Cohen et al., 2000). For instance, patents are often a natural comple-
ment to early entry or lead-time advantages (Graham et al., 2009).
Existing studies have not empirically explored how innovators might
combine dierent appropriability strategies or how those combinations
vary by industry or firm characteristics (James et al., 2013).
Innovators may combine formal and informal appropriability stra-
tegies. For instance, firms that have lead-time advantages from entering
early may want to protect those advantages by patenting their tech-
nology. Alternatively, a firm may patent part of its technology while
protecting another part through informal means (Levin et al., 1987) or
may delay it's entry on account of the time it takes to acquire a patent
(Gans and Stern, 2017). While there is an expectation that formal ap-
propriability is often complemented with informal protections, existing
studies have not extensively investigated how these dierent strategies
are combined. Several studies have documented the importance of in-
formal strategies such as lead time and rapid innovation (versioning), in
allowing firms to appropriate value. To our knowledge, there are no
extant studies that focus on the combination of dierent strategies in
digital markets, and in particular how the use of these combinations
varies across firms of dierent sizes.
2.2. The nature of digital goods and protection strategies
The discussion above outlines the broader literature within the
settings where appropriability strategies have traditionally been stu-
died, such as manufacturing. However, digitization and the emergence
of digital platforms has shifted a considerable share of innovation to
these settings. Given that formal IPR was not designed to protect digital
technologies, which are easily copied, reproduced, and imitated
(Shapiro and Varian, 1998; Greenstein et al., 2013; Goldfarb et al.,
2015), we expect that appropriability strategies dier considerably in
digital industries and on digital platforms.
The shift to digitalization is largely driven by increasingly low
computing and development costs. For instance, small mobile devices,
such as smartphones and other smart devices (i.e., wearable watches
and smart thermostats), have computing power comparable to com-
puters from just fifteen years ago. This growth in the availability of
computing power, in a range of dierent settings, has enabled a greater
scope for innovation than what has been previously possible. For in-
stance, smartphones and smart thermostats are now capable of per-
forming new and complex functions.
The scope for developing digital innovations has been accelerated
by the emergence of digital platforms, such as the Apple App store and
Android market, which provide an infrastructure for third-party de-
velopers to create innovations for these smart devices. These platforms
provide access for third-party complementors to develop software apps,
as well as supporting distribution, marketing and sales functionality.
An important feature of these platforms is that they greatly reduce
the costs of developing digital innovations. This lowers the cost of
creating a “minimum viable product”and, in turn increases the variety
of dierent innovators that may want to enter onto the platform. Digital
platforms allow developers to create and distribute products even if
they are expecting to generate low, or even in extreme cases zero, direct
monetary rewards. This can create a seemingly unending variety or
long tail of products (Brynjolfsson et al., 2010, 2011). However, low-
ering the barrier to entry can greatly increase the pool of potential
competitors and so create considerable scope for especially intensive
competition, copying, and “business stealing” among digital innovators
(Sundararajan, 2004; Tunca and Wu, 2013).
The low costs of innovating on digital platforms are further reduced
by the knowledge, data, and content that is made readily available
through digital technologies. For instance, through APIs individuals
have access to a “firehose” of data that at low cost can be used to create
complex and data-rich innovations. Readily available programing tools
and libraries can be used to create complex technologies with relative
ease. This creates scope for rapid innovation and experimentation. At
the same time, the low costs of innovating on digital platforms imply
lower replication costs, which allow competitors to imitate and re-
plicate existing innovations (Shapiro and Varian, 1998). As a result, it
becomes important to understand how developers can protect and ap-
propriate value from digital innovations when these are so easily copied
and replicated (Greenstein et al., 2013; Goldfarb et al., 2015).
2.3. Importance of IP for digital platforms
A defining characteristic of platforms and platform companies is
that the value of the platform increases with the availability of com-
plementary products (Rochet and Tirole, 2006; Parker and Alstyne,
2005). For instance, the value of social media sites grows with the
number of users and the value of a smartphone operating system grows
with the number of complementary apps. A central, but largely un-
explored, element for a platform to attract such third parties to develop
complementary products is for the platform to create conditions for
complementors to be able to profit, or appropriate value, from their
innovations, providing incentives to develop complementary products
(Boudreau, 2012; Boudreau and Hagiu, 2008). In the broader economy,
the ability for innovators to appropriate value is facilitated through
property rights such as patents, copyrights, and trademarks. However,
there may be informal strategies in use, as has been discussed. On di-
gital platforms, the use of such property rights may be controlled and
regulated, or at least shaped, by the platform owner (Parker and
Alstyne, 2017). For instance, many platforms choose to define the legal
rights that govern their marketplace (Boudreau and Hagiu, 2008). Si-
milarly, platforms may choose to define the conditions in which a third
party has exclusive rights to enter a marketplace.
M. Miric, et al. Research Policy 48 (2019) 103738
3
Existing studies of appropriability on platforms have so far con-
sidered the competitive threats of the platform itself in appropriating
the value from a third-party complementor (Gawer and Henderson,
2007; Huang et al., 2012; Parker and Alstyne, 2017) and how com-
plementors may respond to such an action (Foerderer et al., 2018; Wen
and Zhu, 2017). However, a perhaps greater concern facing com-
plementers on a digital platform is copying or imitation of successful
innovators that may occur as competitors enter the market. While de-
velopers on a digital platform may utilize the same types of appro-
priability strategies that are commonly used in other settings (Cohen
et al., 2000), the degree to which dierent strategies are used may
dier considerably, particularly because of the large number of small
firms that are present in the digital platforms context.
2.4. Appropriability by small firms on digital platforms
The literature on appropriability has identified a menu of dierent
appropriability strategies that are thought to be the primary means
through which innovators may limit competition and appropriate value
from their innovations. We focus on the strategies identified by earlier
studies (Teece, 1986; Cohen et al., 2000; Levin et al., 1987), namely,
formal protections, such as patents, registered copyright, and trade-
marks, and informal protections, such as rapid innovation and early-
entry advantages. These strategies are often characterized as formal and
informal; formal protections often rely on some form of legal in-
tellectual property right, while informal protections are a form of
strategic maneuvering relative to competitors (Teece, 1986).
An important determinant of which strategies are used is the re-
lative cost of implementing these strategies. For instance, formal pro-
tection strategies, such as patents, registered copyrights, and trade-
marks, are costly to acquire and enforce. Alternatively, informal
strategies, such as lead time and rapid innovation, are less costly to
implement, particularly in a digital setting, where the costs of in-
novating are low. Therefore, we expect that on average, formal IPR,
such as patents, copyrights, and trademarks might be observed to be
less used than informal protections such as rapid innovation or early-
entry advantages. We also expect that the use of formal and informal
protections varies considerably across firms, in particular between firms
that are large and have considerable resources to acquire and enforce
IPR and smaller firms that have more limited means to acquire and
enforce IP (Graham et al., 2009; Leiponen and Byma, 2009).
Here we ask how the use of dierent appropriability strategies may
correlate with dierent firm characteristics, particularly firm size.
Existing studies have found that firm size is an important determinant
of how firms can protect their innovations (Leiponen and Byma, 2009;
Graham et al., 2009), largely because firm size is indicative of firm
assets. For instance, smaller firms have less access to financial, product
development, and marketing assets. This may be particularly true for
digital marketplaces, where competition is intense and expected returns
from innovation are low. Weighed against the relatively high cost of
acquiring and enforcing IPR, this suggests that patents, copyrights, and
trademarks may not be a suitable means for these smaller developers to
protect and appropriate value from their innovations. A plausible
consequence would be that these smaller developers who are unlikely
to protect their innovation through formal IP (patents, copyrights &
trademarks), will choose to do so only through informal means –if any
at all.
While we would expect that formal protections (or IPR) are more
commonly used by larger companies, these companies may also make
use of informal strategies. For instance, firms that pursue patents or
copyrights may naturally also enjoy lead-time advantages resulting
from early entry. As a result, appropriability strategies may be used in
combination. On the basis of the above reasoning, we therefore broadly
expect that small-scale developers will be less likely to rely on formal
intellectual property rights than larger developers but that both may
rely on informal appropriability strategies.
In terms of the overall use of dierent appropriability strategies at
the level of the platform as a whole, where we expect that the over-
whelming majority of developers are small firms (many even with only
one or two employees), our earlier arguments would imply that the
overall use of formal protection strategies may be considerably lower
than what has been found in earlier studies (e.g., Cohen et al., 2000).
Additionally, the predominant protection strategies in this context are
likely to be informal. However, to what extent informal strategies are
used and the extent to which dierent appropriability strategies are
used in combination are empirical questions.
3. Empirical context
In the analysis that follows, we will use data on appropriability
strategies from third-party developers creating apps for the Apple iOS
platform. The Apple iOS platform is a software operating system that
runs on Apple devices (iPhone, iPad, iPod). Apple only allows third-
party software to be installed on these devices through its ocial
storefront, the Apple App Store. Since the App Store was created in
2008, more than 2.4 million apps have launched on the storefront, and
developers have generated more than US$130 Billion in revenue
through either the sales of their apps or in-app purchases and sub-
scription sales. In addition to the sheer volume of sales on the Apple
App Store, this storefront includes apps by companies from a wide
range of the broader economy. For instance, there are many companies
that do not consider themselves to be software developers but rather
social networks (Twitter, Instagram, etc.), which release their software
on the Apple App Store and for whom the iOS platform is an important
outlet for their products. There are of course many pure developers,
which create only software apps such as games and productivity tools.
Several features make the Apple App Store an important context for
studying the appropriability strategies of digital innovators. First, it
hosts a wide range of dierent categories, from productivity to gaming
and internet services. As a result, the Apple App Store is representative
of digital innovators in the digital economy and an important context
for studying digital innovation (Bresnahan et al., 2015; Yin et al.,
2014). Second, this storefront allows developers to use US patent,
copyright, and trademark rights to protect their innovations. Even in
the case of international developers, the rules of the marketplace re-
quire that developers comply with US property right laws. Therefore,
the App Store has relatively consistent legal conditions for all devel-
opers to acquire legal protection. Third, it is possible to observe the full
population of developers and individual product titles for the entire app
store. This makes it possible to account for biased sampling and ensure
that the analysis is reflective of the overall sample.
3.1. Data collection
The challenge in studying appropriability strategies is that, with the
exception of patents or trademarks, it is dicult to directly observe the
appropriability strategies that are being used by firms in an industry. As
a result, the primary approach for measuring the appropriability
strategy of developers in marketplaces has been through surveys (Levin
et al., 1987; Cohen et al., 2000; Graham et al., 2009). We first collected
information about the entire population of developers and apps on the
Apple App Store between 2009 and 2014. This allowed us to obtain
information about more than 800,000 app developers (approximately
30,000 of which provided email contact information). This observa-
tional information not only provided contact information but also al-
lowed us to account for population-level dierences in the use of ap-
propriability strategies (as described at the end of this section).
A typical limitation of surveys is partial, non-random sampling. A
first, if imperfect, step we take toward reducing this problem is simply
sampling as broadly as possible. We contacted roughly thirty thousand
app developers via email. This subset was simply according to those app
developers who listed an email address on the Apple App Store website.
M. Miric, et al. Research Policy 48 (2019) 103738
4
Of these, we received completed surveys from 809 developer firms. The
group represents 9,152 individual apps across 24 app categories. This is
a relatively high number of respondents in comparison to many survey
studies in management and social science and those studying appro-
priability strategies (Levin et al., 1987; Cohen et al., 2000; Graham
et al., 2009). However, the arguably larger and more important point is
that this sample size reflects only a small proportion (Approx. 3%) of
those invited to participate and a even smaller proportion of the overall
population of app developers (0.6%), similar to other survey-based
research of appropriability strategies used across the economy or stu-
dies of online activity within a larger population. Therefore, our ap-
proach must recognize that there is abundant scope for nonrandom
sampling in the initial harvesting of email addresses in relation to the
population as well as in the choice to respond to the survey. In Section
4.1, we describe how we account for this bias in sampling.
3.2. Variable construction and definitions
We consider the appropriability strategies based on the mechanisms
that were used in the highly influential papers (Cohen et al., 2000;
Levin et al., 1987; Graham et al., 2009) that have established the lit-
erature on “how firms protect their intellectual assets.” Doing so allows
us to compare our results to those of earlier studies. From the survey
responses, we observe whether a firm used patents, copyrights, trade-
marks, early entry, or versioning. Versioning is the process of revising
and re-releasing software apps and can be thought of as the digital
analog to rapid innovation. We use these terms interchangeably.
1
We define the key covariates to be used in the analysis as follows.
These are referred to as BASIC CONTROLS in later sections of the paper.
We define Market Tenure as the number of months that a developer has
been in the marketplace since its initial product launch. We define
Promotion Channel as an indicator for whether a firm uses its app on the
Apple App Store as a promotion channel for an alternative business,
such as an airline app or mobile banking app. We define US Based as an
indicator for whether the firm is based primarily in the United States.
We define Hobbyist Motivation as an indicator for whether the developer
reported that they develop software as a hobby rather than as their
profession. This also serves as a proxy for whether a developer is
looking to capture monetary profits. We define BM: Licensing and BM:
App Revenue as indicators for whether a developer has reported that
they generate revenue from licensing the technology in their app to
others and an indicator for whether they attempt to generate revenue
from selling or monetizing their application, respectively. These vari-
ables capture whether developers have an intention to profit from their
innovations.
We also identify key controls using the Double LASSO procedure
inspired by Belloni et al. (2013, 2014) as described in later sections. The
key control variables as identified by that procedure are defined as
follows. We define Source of Innovation - Users as an indicator for
whether the developer reported using “users” as a source of inspiration
for their innovative ideas. We define Di: Network Eects and Di:
Special Tech as indicators for whether the developer reported “at-
tempting to foster network eects” or “making use of special technol-
ogies” as strategies to dierentiate their products from competitors,
respectively.
2
Descriptive statistics for these variables are shown in Table 1.
4. Empirical analysis and results
4.1. Estimating the overall use of appropriability strategies
A key contribution of earlier papers (Levin et al., 1987; Cohen et al.,
2000; Graham et al., 2009; Hall and Sena, 2017) has been documenting
the incidence at which dierent types of intellectual property rights are
used. We begin by estimating the incidence of IPR strategies within the
Apple App Store.
Correcting for Bias in Sampling and Sample Construction. We
have information about the 1.2 million software titles available on the
Apple App Store as of 2013 and information about appropriability
strategies from those developers that responded to our survey. There is,
of course, a concern that sample responses are nonrandom and not
representative of the overall population. In many contexts where re-
searchers cannot observe the entire population of potential firms, re-
searchers ensure that their survey is randomly allocated to all firms and
hope to receive a suciently large number of responses to be able to
generalize their results. In settings such as this, where, by design, it is
dicult to approach all respondents in such a way that they are likely
to respond, but where there is data on the broader population (e.g.,
Manski and Lerman, 1977), it is possible to use sampling weights to
correct for the fact that the sample may be nonrandom, therefore
biasing our resulting analysis (Wooldridge, 2010). We use sampling
weights calculated based on the category (genre), price of the apps,
average rating of the products, number of products the developer has
released, and the market tenure (the number of days since first release)
of the developer. The distribution of each of these variables over the
sample and population are shown in Fig. 1.
The key requirement for our reweighing strategy is that our sample
covers the same types of firms as the population, even though there may
be dierent densities.
The graphs in Fig. 1 demonstrate that that our samples exhibits
coverage in terms of product and developer characteristics comparable
to that of the overall population. For instance, in terms of average
product rating, our sample covers product with ratings ranging from
one to five. Nevertheless, it is clear that the distributions of the sample
and population are not identical. For instance, the distribution of the
Number of Applications suggests that we are over-sampling developers
that release multiple titles and possibly larger companies. Similarly, our
distribution for market tenure (N Days in the Market) has a higher share
of younger firms than the overall population. However, because we
have information about how our sample corresponds to the distribution
of the overall population, we are able to weight our sampling (as de-
scribed above) to correct for our nonrandom sample and to ensure that
our analysis is generalizable to the broader population. Reweighing
allows us to generate bias-corrected population-level estimates of the
incidence of dierent appropriability mechanisms.
Overall Use of Appropriability Strategies. In Fig. 2, we present
the raw results of our survey, alongside the reweighed population-level
estimates. The sample proportions and population estimates are com-
parable, suggesting that sampling bias does not greatly aect our re-
sults. The population-level estimates in Fig. 2 show that patents and
copyrights are used infrequently (13% and 23%, respectively) com-
pared to other strategies, such as trademarks, versioning, and early-
entry (28%, 43%, and 48%, respectively). The use of patents is con-
siderably lower than the rates found by earlier studies on manu-
facturing settings (e.g., Cohen et al. 2000 find that 34.8% of firms use
patents to protect their product innovations). Although, earlier studies
have not reported the exact incidence of copyrights and trademarks, in
earlier studies, the aggregate report for the use of other (non-patent)
legal protections (20.7% in Cohen et al., 2000) is slightly lower but
comparable to our findings in the digital platform context (31%). Per-
haps most important is that most firms (67%) do not use legal protec-
tions for their innovations. Instead, firms appear to rely more heavily
on informal protection mechanisms, such as early entry and rapid
1
The use of patents, copyrights and trademarks follows use in what was
surveyed in earlier studies. Early entry were often referred to as lead-time ad-
vantages in the earlier surveys. Versioning is analogous to the “rapid” or
“continuous” innovation constructs used in earlier surveys. We adapted this to
be versioning because it is more indicative of the digital phenomenon that we
are studying.
2
The corresponding survey questions are responses to Question 12 from the
survey instrument, shown in the Appendix C.
M. Miric, et al. Research Policy 48 (2019) 103738
5
innovation. It is important to highlight that the numbers that we ob-
serve here for the use of informal strategies are comparable to the
numbers found in earlier studies (52.8% in Cohen et al. 2000). This
suggests that informal strategies may be as important for small firms, in
a setting such as the Apple App Store, as they are for large manu-
facturing firms.
4.2. Clustering of formal and informal strategies
While these strategies may be important individually, we expect
that developers use multiple appropriability strategies in concert to
protect their innovations. To explore this, we analyzed how the stra-
tegies that we study (patents, copyrights, trademarks, early-entry, and
versioning) cluster in the data.
Table 1
Descriptive statistics.
Variables Mean S.D. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)
(1) Patents 0.11 0.31 1.00
(2) Copyrights 0.17 0.38 0.32 1.00
(3) Trademarks 0.26 0.44 0.36 0.47 1.00
(4) Early Entry 0.41 0.49 0.14 0.14 0.17 1.00
(5) Versioning (Rapid Innovation) 0.39 0.49 0.10 0.17 0.09 0.15 1.00
(6) FORMAL 0.34 0.47 0.49 0.63 0.84 0.19 0.12 1.00
(7) INFORMAL 0.61 0.49 0.08 0.13 0.14 0.67 0.65 0.15 1.00
(8) Size: 1 Employee Firm 0.23 0.42 0.13 0.13 0.15 0.09 0.01 0.18 0.03 1.00
(9) Size: 2 Employee Firm 0.13 0.34 0.05 0.07 0.03 0.04 0.01 0.05 0.05 0.21 1.00
(10) Size: 3 10 Employee Firm 0.30 0.46 0.10 0.08 0.11 0.07 0.04 0.16 0.07 0.35 0.25 1.00
(11) Size: > 10 Employee Firm 0.14 0.35 0.24 0.29 0.27 0.14 0.13 0.29 0.09 0.22 0.16 0.26 1.00
(12) Market Tenure (Months) 32.38 13.66 0.03 0.09 0.01 0.06 0.04 0.03 0.09 0.12 0.01 0.14 0.02 1.00
(13) Promotion Channel 0.11 0.31 0.06 0.08 0.09 0.02 0.01 0.13 0.00 0.00 0.02 0.02 0.04 0.09 1.00
(14) US Based Company 0.37 0.48 0.01 0.03 0.04 0.05 0.03 0.01 0.02 0.03 0.01 0.06 0.06 0.14 0.05
(15) Hobbyist Motivation 0.11 0.31 0.11 0.12 0.15 0.08 0.10 0.18 0.11 0.19 0.14 0.23 0.14 0.01 0.06
(16) BM: Licensing 0.11 0.31 0.20 0.10 0.16 0.15 0.07 0.16 0.11 0.10 0.09 0.16 0.16 0.12 0.13
(17) BM: App Revenue 0.76 0.42 0.15 0.09 0.09 0.05 0.11 0.09 0.04 0.15 0.05 0.00 0.22 0.11 0.11
(18) Source of Innovation - Users 0.46 0.50 0.08 0.04 0.09 0.11 0.20 0.08 0.21 0.04 0.02 0.03 0.08 0.06 0.05
(19) Di: Network Eects 0.18 0.39 0.11 0.18 0.20 0.17 0.22 0.21 0.18 0.08 0.03 0.12 0.14 0.03 0.12
(20) Di: Special Tech 0.15 0.36 0.09 0.10 0.09 0.27 0.05 0.09 0.16 0.01 0.00 0.03 0.15 0.02 0.06
(14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25)
(14) USA based 1.00
(15) Hobbyist Motivation 0.09 1.00
(16) BM: Licensing 0.06 0.10 1.00
(17) BM: App Revenue 0.02 0.00 0.11 1.00
(18) Source of Innovation - Users 0.07 0.01 0.10 0.06 1.00
(19) Di: Network Eects 0.00 0.12 0.13 0.01 0.11 1.00
(20) Di: Special Tech 0.06 0.11 0.13 0.04 0.13 0.14 1.00
Fig. 1. Comparison of Sample and Population across observed variables.
M. Miric, et al. Research Policy 48 (2019) 103738
6
Using principal component analysis, we find that there are two
overall clusters of appropriability strategies: firms that use only in-
formal (lead time and versioning) strategies and firms that use a com-
bination of formal (patents, copyrights, and trademarks) and informal
strategies. (Screen plot and cluster weights are shown in Appendix B.)
Given this clustering of formal and informal strategies, we create two
outcome variables to use in our analysis. FORMAL is a dummy variable
that indicates whether a firm uses patents, copyrights, or trademarks.
INFORMAL is a dummy variable that indicates whether a firm uses lead
time or secrecy. Approximately 36% of developer firms use only INF-
ORMAL strategies, while only 9% use only FORMAL strategies; 24% of
firms use a combination of both strategies.
4.3. Appropriability strategies by firm size
We model the choice of using a protection mode as a function of the
size of the firm. The basic model guiding our empirical analysis is as
follows.
=+ + + +Pr(PROTECTION) SIZE CONTROLS CATEGORIES
(1)
The outcome variable is an indicator for FORMAL or INFORMAL
strategies or both. SIZE is a vector of dummy variables that indicate the
size of the firm from the set of potential categories (i.e., < 1 full-time
employee, 1 full-time employee, 2 full-time employees, 3–10 full-time
employees, and > 10 full-time employees). Our survey also captures
whether firms have more than fifty employees. However, since there
are no firms of that size that use only informal strategies, we could be
concerned that this lack of variation would bias our results. As a result,
we construct our size variable to indicate whether firms have ten em-
ployees or more.
In our model, we control for unobserved dierences across dierent
types of apps by including a vector of dummies for each category where
a developer is present, indicated by CATEGORIES. In addition, we in-
troduce several controls (referred to as BASIC CONTROLS in the results
tables) to account for additional factors that may confound our analysis
(as described in Section 4.1). We control for the fact that a developer
may be a hobbyist and may not be attempting to protect his or her
innovation by controlling for whether a developer reported that “de-
veloping software as a hobby” was an important motivation. We control
for the fact that a firm may not be purely a software developer and may
instead use the app as a promotion channel for an oine business. We
control for the market tenure of firms by controlling for the number of
days since the firm first entered the marketplace. We also control for
whether a firm is attempting to generate revenue by licensing their
technology or whether a developer wants to generate revenue at all, as
these may determine whether a developer has any desire to protect its
innovation.
An important factor to consider is that there are likely to be several
additional controls that may influence appropriability strategy choices.
For example, motivation to profit may influence the choice of how firms
protect (Lakhani and Wolf, 2005; Harhoet al., 2003) or the source of
innovation may correlate with the need to protect (Laursen and Salter,
2014). While these factors are not the direct focus of our study, it may
be important to control for them, and the survey data allows us to
capture much of this information. However, simply introducing a full
battery of potential covariates may greatly reduce the accuracy of our
estimates while not adequately accounting for potential biases.
To select an appropriate subset of control variables, we implement
the Double LASSO algorithm developed by Belloni et al. (2014). The
LASSO algorithm is a variation of the least squares regression approach
that performs shrinkage (reduction of coecient size) and selection
(removal of variables with low statistical power). The conventional
LASSO approach (Tibshriani, 1996) results in a linear regression with a
subset of the most statistically important variables; however, this also
aects the magnitude of the coecients and we would not be able to
directly interpret the coecients or standard errors of such a model.
The Double LASSO is a two-stage regression approach that uses the
LASSO regression to regress the outcome variable and main variable(s)
of interest against the set of potential control variables. The selected
coecients are then included in a second stage (regular OLS or Probit)
regression.
3
This approach provides the benefit of variable selection
Fig. 2. Reported use of dierent appropriability strategies (sample & population estimate).
3
The LASSO regression is a variant of the OLS regression that deliberately
reduces the coecients (often referred to as a shrinkage estimator) based on a
pre-specified shrinkage factor (often denoted λ). In our case we allow the λis
determined by the DOUBLE LASSO algorithm (Belloni et al., 2013, 2014).
Unlike OLS regression where the objective function of the estimator is to
minimize the residual sum of squares (RSS), the LASSO estimator includes an
additional term in the objective function (
=+
=wOBJECTIVE RSS i
M
0
),
where
w
is the coecient for each of M variables included in the model. As a
result, the objective function includes a penalty for the size and number of
M. Miric, et al. Research Policy 48 (2019) 103738
7
generated by the LASSO, but it does not aect the parameters of the
standard errors and coecients (via shrinkage). This approach is pro-
posed as a way of controlling for potentially important covariates
without running the risk of data mining or selectively introducing
covariates.
Tables 2 and 3
In our LASSO regression, we include the full set of potential controls
from our survey and observational data, including the number of apps
the developer has released, as well as variables that indicate the source
of the developers’ ideas, their product dierentiation strategy, their
revenue model, their “openness” in terms of selectively revealing code
or releasing their code as open source, and their personal motivation.
This leads us to a set of forty-two potential control variables that we
may want to include in the model in addition to our basic controls. We
define these variables that are selected by the LASSO model as ADDI-
TIONAL CONTROLS.
Multivariate probit regression results
Here we separately consider the use of formal and informal pro-
tection strategies. Since these two groups are not mutually exclusive,
we use a multivariate probit regression to account for the potential
correlation between these two outcome variables.
The results are reported in Table 4. We present the results for formal
strategies in columns 1–4 and informal strategies in columns 5–8. In the
first column for each outcome, we include only the firm size variables
and category dummies. In the second column, we introduce the BASIC
CONTROL variables. For those variables that are significant, we also
report the point estimates and standard errors to show which variables
are correlated with the use of dierent strategies. In the third column,
we include the ADDITIONAL CONTROLS that were selected using the
double LASSO method mentioned above. In the fourth column, we
present the results reweighed by our sampling weights to ensure that
our regression results are not drastically influenced by our sampling
procedure.
Across columns 1 through 4, the results show that dummies larger
firms (with 3–10 and more than 10 employees) are significant and
positive relative to the baseline (firms with less than one full-time
employee) for formal protection. However, for informal protections, the
indicator variables for larger firms are not significant, and the coe-
cients are smaller in comparison. To interpret the magnitude of these
eects, we present marginal eects of these models (columns 3 and 7)
in Fig. 3. The use of informal strategies does not increase significantly
with firm size. Approximately 53% of firms with less than one full-time
employee use informal strategies, while 65% of firms with more than
ten employees use informal strategies. However, for formal strategies,
this increase is considerable. Approximately 22% of firms with less than
one full-time employee use informal strategies, while 62% of firms with
more than ten employees use informal strategies. This corresponds to an
increase of 2.8 times the likelihood of using formal protection.
What is perhaps most important is that informal strategies are an
important protection strategy for both small and large firms. Moreover,
for larger firms, informal protection strategies appear to be used just as
frequently as formal protection strategies. This further reinforces the
notion that there exists a cluster of firms that use only informal stra-
tegies (seemingly smaller firms) and a cluster of firms that use a com-
bination of formal and informal strategies (larger firms).
Multinomial Logit Regression Results
To specifically address the use of a combination of dierent stra-
tegies, we repeat the analysis by looking at mutually exclusive groups of
protection strategies, namely, FORMAL only, INFORMAL only, both
FORMAL and INFORMAL, and firms which do not use any protection.
As the earlier cluster analysis suggests, firms that choose to protect their
assets generally do so through only informal means or a combination of
formal and informal means.
We re-estimate the model in expression (1) using a multinomial
logit regression using a categorical variable to indicate whether a firm
uses formal or informal protections only or a combination of the two.
The results are shown in Table 4. As in the earlier models, the results
are split into three groups for each of the outcome variables. The
baseline outcome for these regressions is that the firm does not use any
protection strategy at all.. Similar to the earlier results, the first column
for each outcome introduces only the firm size variable. The second
column introduces the basic control variables, the third column in-
troduces the control variables selected by the double LASSO algorithm,
and the fourth column presents the regression results, weighted using
sampling weights. Because of the large number of controls that are
included in these models, we do not report all the control variables in
the main tables. Instead, we report only the control variables that are
significant, in order to document which variables are correlated with
our outcomes of interest.
The coecients for dummy variables for larger firms (firms with 3
and 3–10 employees) are positive and significant (95% level) for both
firms that use only formal protections and those that use a combination
of formal and informal protections. The coecient is positive but not
significant for firms that use only informal protections. Regarding the
control variables, firms that develop apps as a promotion channel for
their non-app business (Defined Promotion Channel in Table 4) are more
likely to use only formal protection. Firms that dierentiate themselves
based on special technology according to their survey responses (De-
fined DiStrategy: Special Tech in Table 5) are more likely to use in-
formal protections or a combination of formal and informal protections
than to not use protecting strategies at all. Finally, those developers that
generate ideas for new products from their users appear to rely more on
informal strategies, while developers that attempt to build network
eects around their products are more likely to use a combination of
formal and informal strategies.
To interpret the magnitude of these eects, we examine the mar-
ginal eects for these models in Fig. 4. From the marginal eects, it is
clear that the use of formal strategies increases with firm size, both
alone and together with informal strategies. Smaller firms are more
likely to use only informal strategies. However, with larger firms, only a
small proportion choose to use formal strategies. Moreover, smaller
firms are likely not to protect at all, while there is only a small share of
Table 2
Comparison of Sample and Population Means
Variable Sample Population t-Stat. (p - value)
Average Product Rating 3.48 3.55 3.83 (0.00)
Number of Product Ratings 569.20 432.78 1.03 (0.15)
Days in Top 10 Ranking 1.55 2.71 1.36 (0.08)
Number of Apps Launched (by
Developer)
12.04 4.61 9.18 (0.00)
Price 2.59 1.80 6.90 (0.00)
Days Since Initial Entry to Market 1020.68 1171.21 32.00 (0.00)
The above table compares all variables that are available for both the sample
and population. t statistics are reported along with respective significance level.
In instances where the t-statistic is positive, the significance level indicates the
probability that sample mean is higher than the population mean. Alternatively,
where the t-statistic is negative the significance level indicates the probability
that the population mean is higher than the sample mean.
(footnote continued)
coecients. Therefore, the estimator reduces the size of the coecients but also
sets the coecients to zero if they fall below a threshold (this is specific to
LASSO instead of other shrinkage estimators). The set of variables that are in-
cluded in the LASSO are therefore the variables that are most predictive of the
outcome variable. Because the lasso deliberately alters the magnitude of the
coecients, the results of the LASSO regression are not directly interpretable.
However, the DOUBLE LASSO indicates which variables are suitable controls to
be included in a regular regression model. The coecients from that model can
then be interpreted directly.
M. Miric, et al. Research Policy 48 (2019) 103738
8
Table 3
Results of Multivariate Probit Regressions for Use of Formal & Informal Strategies
DV: Indicator for FORMAL (Patents, Copyrights &Trademarks) and INFORMAL (Early Entry &Versioning).
(1) (2) (3) (4) (5) (6) (7) (8)
DV: Formal Protection DV: Informal Protection
Size: 1 Employee Firm 0.17 0.02 0.12 0.03 0.46
*
0.49
*
0.10 0.29
(0.22) (0.26) (0.25) (0.27) (0.19) (0.25) (0.22) (0.25)
Size: 2 Employee Firm 0.50
*
0.33 0.15 0.34 0.50
*
0.56
*
0.35 0.24
(0.25) (0.28) (0.26) (0.30) (0.23) (0.28) (0.24) (0.28)
Size: 3 - 10 Employee Firm 1.13
***
1.03
***
0.63
**
0.92
***
0.64
***
0.67
**
0.29 0.36
(0.20) (0.24) (0.23) (0.26) (0.19) (0.24) (0.21) (0.24)
Size: 10+ Employee Firm 1.67
***
1.51
***
1.11
***
1.19
***
0.73
**
0.81
**
0.38 0.30
(0.24) (0.28) (0.28) (0.31) (0.23) (0.28) (0.27) (0.30)
Selected Control Variables
App is Promotion Channel 0.73
***
0.57
**
0.68
**
0.08 0.09 0.16
(0.21) (0.19) (0.22) (0.21) (0.19) (0.23)
Di. Strategy - Network Eects 0.41
*
0.60
**
0.31 0.42
(0.17) (0.19) (0.18) (0.22)
Source of Innovation - Users 0.10 0.12 0.24
*
0.30
*
(0.13) (0.15) (0.12) (0.14)
Di. Strategy - Special Tech. 0.02 0.01 0.53
**
0.49
*
(0.17) (0.18) (0.18) (0.21)
Controls Variables
Category Dummies Yes Yes Yes Yes Yes Yes Yes Yes
Basic Controls Yes Yes Yes Yes Yes Yes
Additional (LASSO Selected) Controls Yes Yes Yes Yes
Constant 1.08
***
1.25
***
1.11
***
1.14
***
0.27 0.52 1.19
***
0.79
*
(0.16) (0.30) (0.29) (0.33) (0.15) (0.29) (0.28) (0.32)
χ
2
191.99 217.97 242.89 277.45 191.99 217.97 242.89 277.45
(0.00) (0.00) (0.00) (0.00) (0.00) (0.00) (0.00) (0.00)
log likelihood 559.50 545.88 652.64 505.73 559.50 545.88 652.64 505.73
* Standard errors in parentheses. p< 0.05.
** p< 0.01.
*** p< 0.001). N= 626.
Table 4
Results of Multinomial Logit Regression for Probability of Using IPR
DV: Indicator for use of Formal, Informal or Both. Baseline: Do Not Protect
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
Formal Protection Informal Protection Formal &Informal Protection
Size: 1 Employee Firm 0.35 0.37 0.32 0.07 0.48 0.48 0.10 0.54 0.80 0.59 0.33 0.64
(0.53) (0.59) (0.63) (0.67) (0.28) (0.37) (0.40) (0.48) (0.48) (0.63) (0.66) (0.68)
Size: 2 Employee Firm 0.49 0.27 0.39 0.24 0.75
*
0.79 0.28 0.12 1.70
***
1.61
*
1.20 1.11
(0.63) (0.69) (0.73) (0.80) (0.35) (0.42) (0.46) (0.54) (0.51) (0.65) (0.68) (0.72)
Size: 3 - 10 Employee Firm 1.44
**
0.98 0.78 1.29
*
0.67
*
0.77
*
0.23 0.42 2.41
***
2.38
***
1.81
**
2.24
***
(0.46) (0.54) (0.57) (0.63) (0.29) (0.38) (0.42) (0.48) (0.43) (0.60) (0.63) (0.61)
Size: 10+ Employee Firm 2.55
***
2.09
**
1.33 1.68
*
0.90 1.09
*
0.12 0.23 3.62
***
3.71
***
2.60
***
2.48
**
(0.59) (0.66) (0.74) (0.82) (0.48) (0.54) (0.61) (0.70) (0.54) (0.69) (0.75) (0.77)
Controls Variables
App is Promotion Channel 1.43
**
1.17
*
1.42
*
0.12 0.10 0.27 1.04
*
0.77 0.89
(0.48) (0.52) (0.57) (0.40) (0.45) (0.54) (0.41) (0.47) (0.56)
Di. Strategy - Network Eects 0.43 0.91 0.41 0.63 1.14
**
1.65
**
(0.54) (0.65) (0.40) (0.53) (0.43) (0.54)
Source of Innovation - Users 0.64 0.85 0.58
*
0.81
**
0.47 0.70
(0.38) (0.48) (0.25) (0.29) (0.30) (0.38)
Di. Strategy - Special Tech. 0.63 0.97 1.39
***
1.52
**
1.11
*
1.15
*
(0.58) (0.69) (0.41) (0.51) (0.46) (0.56)
Category Dummies Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
BASIC CONTROLS Yes Yes Yes Yes Yes Yes Yes Yes Yes
ADDITIONAL (LASSO) CONTROLS Yes Yes Yes Yes Yes Yes
Constant 1.72
***
1.84
**
1.73
*
1.95
*
0.41
*
1.13
*
1.83
***
1.34
*
2.11
***
3.30
***
3.83
***
3.13
***
(0.39) (0.67) (0.73) (0.87) (0.21) (0.46) (0.55) (0.64) (0.38) (0.70) (0.77) (0.80)
χ
2
210.01 250.02 358.87 2276.34 210.01 250.02 358.87 2276.34 210.01 250.02 358.87 2276.34
(0.00) (0.00) (0.00) (0.00) (0.00) (0.00) (0.00) (0.00) (0.00) (0.00) (0.00) (0.00)
log likelihood 708.17 688.16 633.74 486.98 708.17 688.16 633.74 486.98 708.17 688.16 633.74 486.98
* Standard errors in parentheses. p< 0.05.
** p< 0.01.
*** p< 0.001. N= 626.
M. Miric, et al. Research Policy 48 (2019) 103738
9
larger firms that do not protect their innovations.
The control variables also suggest that protection strategies are
correlated with several firm characteristics. For instance, firms that
attempt to dierentiate themselves through network eects are more
likely to use a combination of formal and informal strategies. Similarly,
firms that dierentiate themselves through “special technology”, as is
described in the survey, tend to protect their innovation through in-
formal strategies or a combination of formal and informal strategies,
rather than simply using formal protections. Alternatively, firms that
source ideas for their innovations from users are likely to use only in-
formal strategies to protect their innovations, while there is no sig-
nificant eect for formal protections.
Multivariate Probit Results for Individual Appropriability Strategies
We disaggregate our earlier measures of formal and informal stra-
tegies into individual appropriability strategies (patents, copyrights,
trademarks, lead time and versioning (i.e., Rapid Innovation)). Since
these strategies are not mutually exclusive, we again use a multivariate
regression to estimate their incidence with varying levels of firm size. In
Fig. 5, we present the marginal eects with respect to firm size. The
individual regression results are given in Appendix B.
The results for informal strategies (lead time and versioning) is
overall consistent with the clustered results. These strategies are used
slightly more frequently by larger firms. However, even the smallest
firms use them relatively infrequently. Alternatively, for formal stra-
tegies (patents, copyrights, and trademarks), there is an increase in the
use of these strategies with firm size. Smaller firms are far less likely to
utilize these strategies than are larger firms.
Additional specifications and robustness
We performed several additional tests to demonstrate the robustness
of the regression results, including using sampling weights for the re-
gression to correct for biased sampling, for the full sample of 809 firms
for which we are able to observe both IPR and BASIC CONTROLS and
the smaller subset of 626 firms for which we observe the full set of
Fig. 3. Marginal eects for incidence of formal and informal strategies.
Fig. 4. Marginal eects for multinomial logit regressions.
M. Miric, et al. Research Policy 48 (2019) 103738
10
ADDITIONAL CONTROLS (all 18 variables). Similarly, the overall re-
sults of our clustering strategy are robust to alternative clustering
methods (K means, K medians, LDA, etc.). In each case, the clusters
conform to groups of formal and informal clusters, and in some cases,
the intersection of these two sets.
The introduction of the LASSO-selected control variables did not
greatly impact the results of the analysis, as the variable selected were
those that most highly correlated with either the outcome or ex-
planatory variables. For instance, the App is Promotion Channel variable
was correlated with the use of formal protections and only accounts for
11% of apps. These are companies that are not predominantly app
developers but are using the app as a promotion channel for their main
business.
4
Similarly, the Source of Innovation Users variables, which
indicates whether the ideas for their innovations come from “user in-
novators,” indicates that 46% of innovators are gaining ideas from their
users. This suggests that innovation in this setting is highly dependent
on interaction between innovators and end users. Approximately 42%
of respondents in our survey report being end-users, although this does
not correlate suciently with appropriability strategies to be included
by the LASSO algorithm.
5
5. Discussion and conclusion
There has been a long-standing general interest in research on ap-
propriability (Teece, 1986; Laursen and Salter, 2014; Cohen et al.,
2000) running parallel to, but separate from, a rapid expansion of re-
search on digitization of the economy and digital platforms, more
specifically. The broader literature on digitization (Greenstein et al.,
2013; Yoo et al., 2010; Nambisan et al., 2017) has explored how the
growing shift toward digital innovation is aected by existing institu-
tions, such as IPR. The present paper builds on this stream of work by
empirically examining how innovators on a digital platform appro-
priate value from their innovations. The ability of innovators to ap-
propriate value from their innovation is particularly important in the
context of platforms, because it directly relates to their incentives to
join the platform in the first place. Therefore, the question of appro-
priability is at the heart of the issue of platform strategy (Gawer and
Henderson, 2007; Huang et al., 2012; Parker and Alstyne, 2017).
However, the innovators on these digital platforms are often far smaller
firms than typically found in other settings. For example, more than
43% of the developers in our sample had one or fewer full-time em-
ployee.
6
While earlier studies have looked at appropriability by smaller
firms (Leiponen and Byma, 2009; Graham et al., 2009), they have not
explored the protection strategies used by the smallest of firms, such as
those that can be found on digital platforms.
While these smallest firms are often given less attention in the re-
search, the results of the present study suggest that they represent a
sizable share of the overall apps marketplace. When we consider that
these developers contribute to the “long tail” of complementary pro-
ducts accounting for almost US$130 Billion in revenue, we can expect
that these small developers constitute an economically important share
of this marketplace. Additionally, the ability of these small firms to
limit competition and profit from their innovation so that they may
grow into larger firms relates to a broader set of questions about the
entrepreneurial strategies of firms in these platform markets. While the
present paper does not explore all possible strategies, our inquiry oers
insights into those strategies that are commonly used and that have
been most commonly studied.
Our study documents the use of appropriability strategies by de-
velopers on a digital platform and how the use of these strategies diers
for smaller firms, compared to the larger firms that have been typically
studied. We provide evidence that appropriability strategies used by
developers on the Apple App Store cluster into formal and informal
protections. A large majority of firms (more than 70%) take measures to
protect their innovations in some way, with many using only informal
strategies (36.76%) and a smaller subset using a combination of formal
and informal strategies (24.12%). We found that merely a fraction of all
firms (9.71%) employ only formal protections. Looking into specific
protection strategies, we find that patents are seldom used (approxi-
mately 13% of firms), while versioning (or rapid innovation) and early
entry are used by more than 40% of firms. This suggests that patents are
not the most important appropriability lever for firms in this setting but
that there is a non-negligible amount of patenting being done. In
Fig. 5. Marginal eects for multivariate probit regressions (individual protection strategies).
4
Examples of this include airlines that use apps for check-in, or restaurants
that allow customers to order through their apps.
5
This is not shown in the tables but is based on the fact that 42% of devel-
opers reported that “use need” was an important motivation for them to de-
velop innovations.
6
As reported in the descriptive statistics, 20% of developers have less than
one full time employee and 23% have only one full time employee.
M. Miric, et al. Research Policy 48 (2019) 103738
11
comparison, Graham et al. (2009) found that 24% of software firms that
do not acquire venture capital funding are likely to patent.
7
In line with our arguments, we find that firm size is an important
factor in determining the choice of protection strategies. We find that
informal strategies (early entry and rapid innovation/versioning) are
used extensively by both large and small firms, while we found that
formal IPR protections (patents, copyrights, and trademarks) are used
mainly by larger firms. These results hold for both the use of formal and
informal protections, and for individual protection strategies. Our re-
sults show that informal IPR protections are used by very small firms
and part-time developers, while for larger firms, informal protections
are important when combined with formal protections.
Theoretical Implications. The results of this paper make several
theoretical contributions. First, the literature on technology platforms
has demonstrated that a vital determinant of the success of technology
platforms is creating conditions for outside innovators to both create
and capture value by joining the platform (Parker and Alstyne, 2005;
Gawer and Cusumano, 2014; Gawer, 2014; Boudreau, 2010). However,
there has been far less inquiry into how these innovators on these
platforms may protect themselves from competitive pressures and ap-
propriate value. The results of this paper help to deepen our under-
standing of how platforms may shape the population of third-party
developers that they attract (Cennamo and Santalo, 2013; Boudreau
and Hagiu, 2008; Corts and Lederman, 2009; Zhu and Iansiti, 2012),
based on the types of appropriability strategies that are available. This
study directly relates to the question of how innovators “stimulate ex-
ternally developed innovation that complements the platform” (Gawer
and Cusumano, 2014).
Second, this paper contributes to the literature on appropriability by
considering the use of appropriability by small companies on digital
platforms.. The literature on appropriability has examined how com-
panies protect their innovations in a variety of settings. Most notably,
this includes the highly influential studies by Cohen et al. (2000), Levin
et al. (1987), Graham et al. (2009)Cohen et al., 2000Cohen et al.
(2000), Levin et al. (1987), Graham et al. (2009)Cohen et al.,
2000Cohen et al. (2000), Levin et al. (1987), Graham et al. (2009).
These studies have exclusively considered either very large companies,
predominantly in manufacturing and brick-and-mortar settings, or
packaged software. We explore how innovators, predominantly very
small firms, on a digital platform appropriate value from their in-
novations. As a growing share of economic and innovative activity
shifts to platforms, this study helps to extend our understanding of how
innovators in such a setting appropriate value and how this diers from
what is known about manufacturing and more conventional settings.
Managerial and Policy Implications. Existing research has es-
tablished that allowing innovators to protect their innovation and ap-
propriate profits is an important factor in fostering innovation (Moser,
2005, 2013; Arrow, 1962); it is thus a vital concern for policy makers.
Within a platform setting, this takes on its own set of conditions. Given
that the success of platforms is so heavily predicated on the availability
of complementary innovations (Parker and Alstyne, 2005; Rochet and
Tirole, 2006), a critical concern for the platform is creating conditions
so that third-party developers have the incentive to innovate on their
particular platform. The famous case of Atari, where low barriers to
entry led to intense competition and eventually diminished innovation,
resulting in a collapse of the market, further reinforces this point
(Boudreau and Hagiu, 2008). As a result, it is critical for such platforms
to understand how innovators on their platform are able to appropriate
value, so that platforms may design and enforce appropriate property
rights.
From this perspective, understanding the relative importance and
role of formal and informal property rights in allowing third-party de-
velopers to appropriate value may shape the policies that the platform
chooses to enact. From the perspective of a platform regulator (Gawer
and Cusumano, 2014; Parker and Alstyne, 2005; Cennamo et al., 2018;
Ozalp et al., 2018), the objective is to grow the multiple sides of the
platform. Knowing that formal property rights are used primarily by
larger companies can allow the platform to determine the rules gov-
erning IPR such that they create conditions favorable to larger com-
panies. An example of this may be ensuring that property rights such as
patents, copyrights, and trademarks are strictly enforced.
8
Similarly,
knowing that informal rights are used by both large and small devel-
opers suggests that creating the ability for developers to enter the
platform easily and without frictions or to quickly innovate may be
important for the incentives of both large and small developers to ap-
propriate value on the platform. However, by creating conditions where
informal strategies, such as early entry or versioning, may be easily
implemented, the platform owner may be able to foster innovation by
smaller developers. Such conditions might include easing the costs of
innovating on the platform, or getting new products approved. Re-
latedly, if the platform owner wants to focus exclusively on having a
long tail of very small scale developers, the present results suggest that
formal property rights may not be critical to allowing such innovators
to appropriate value.
Appendix A. Supplementary data
Supplementary data associated with this article can be found, in the
online version, at https://doi.org/10.1016/j.respol.2019.01.012.
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Purpose Silicon Valley Big Tech (BT), representing Alphabet, Apple, Meta and Amazon, wields substantial influence over their platform users, leading to calls for more stringent digital regulation. The purpose of this study is to conceptualize “open innovation governance” for the BT platform ecosystems. This involves the balanced use of both incentives and controls to address stakeholder power imbalances at the corporate (BT senior manager), platform (complementor) and ecosystem (end-users) levels to share ecosystem value. Design/methodology/approach A conceptual review methodology systematically examines various academic articles, books and 10 K annual reports on BT firms. This study dissects the business models of each BT firm while drawing on empirical examples from the high-tech sectors to advance general propositions. This research presents a prescriptive open innovation (OI) governance framework based on the literature synthesis. Findings This research advances a “managerial toolkit” leveraging Objectives and Key Results and Key Performance Indicators tied to specific incentives and controls to enable BT senior managers to generate OIs, complementors to absorb and end-users to disseminate open digital platform-ecosystem value. Originality/value This study has implications for both theory and practice. Theoretically, to the best of the authors’ knowledge, this study is the first to conceptualize a prescriptive OI governance framework that BT managers can use to generate shared values. Practically, the conceptual framework has implications for digital policymakers governing BT, representing a middle ground between advocates for breaking up BT platforms and proponents of limited digital regulation.
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One important way to protect intellectual property rights is to use patent law to encourage creativity and innovation. In Islamic economics, the application of patent law raises several issues. This is because there are fundamental differences between the principles of Shari'a and some elements of conventional patent law. Since Islamic economics emphasizes justice, public interest, and equitable distribution of wealth, patent law must reflect these values. This study aims to identify and analyze the challenges and opportunities in the implementation of patent law in Islamic economics. Specifically, this study aims to understand the concepts and principles of patent law from an Islamic economic perspective, identify the main problems faced in the implementation of patent law in Muslim countries, explore opportunities for developing a patent legal framework that is in accordance with sharia principles, and provide. This research was conducted using qualitative methods, using literature studies and document analysis. Data were obtained from various sources, such as scientific journals, books, laws, fatwas, and other documents. The results of the study indicate that patent law in Islamic economics must balance individual rights and societal benefits. Some of the main problems identified include lack of knowledge about the importance of patents, inconsistencies between some aspects of conventional patent law and sharia principles, and resistance to changes in current regulations. According to this study, patent law in Islamic economics faces many challenges and opportunities. By incorporating sharia principles into the patent legal system, innovation and technological progress that benefit society can be increased.
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Purpose Although several papers have been published over the past decade on various aspects of digital entrepreneurship, nothing has hitherto been written on the theme of digital entrepreneurship in the metaverse. This paper, therefore, aims to explore the key challenges of digital entrepreneurship in the metaverse, with a view to developing a model to address these challenges. Design/methodology/approach The Decision Making Trial and Evaluation Laboratory approach was adopted in this study to rank the selected challenges in order of importance and establish a cause-and-effect relationship between them. The data were gathered from 10 experts from Saudi Arabia who deploy augmented reality, virtual reality and other immersive technologies in the course of their business. Findings Three challenges, namely, “Market fragmentation (C3)”, “Technical complexity (C1)” and “Monetisation and revenue models (C5)” were highlighted in the findings as the main factors of influence in the Cause group, whereas the remaining five challenges, “Infrastructure and connectivity (C2)”, “Social and ethical considerations (C8)”, “User adoption and engagement (C6)”, “Privacy and security (C7)” and “Intellectual property protection (C4)”, were categorised in the Effect group, being significantly influenced by the challenges in the Cause group. Originality/value To the best of the authors’ knowledge, this is the first study to explore the challenges of metaverse-enabled digital entrepreneurship and classify the identified challenges into groups of Cause and Effect.
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How should firms use patents and secrecy as appropriability mechanisms? Consider technologies that differ in the likelihood of being invented around or reverse engineered. Here, I develop the profit-maximizing strategy: (i) on the internal margin, the marginal patent balances appropriability relative to cost of patents vis-a-vis secrecy, and (ii) on the external margin, commercialize products that yield non-negative profit. To test the theory, I exploit staggered enactment of the Uniform Trade Secrets Act (UTSA), using other uniform laws as instruments. The Act was associated with 38.6% fewer patents after one year, and smaller effects in later years. The Act was associated with larger effect on companies that earned higher margins, spent more on R&D, and faced weaker enforcement of covenants not to compete. The empirical findings are consistent with businesses actively choosing between patent and secrecy as appropriability mechanisms, and appropriability affecting the number of products commercialized. The online supplement is available at https://doi.org/10.1287/stsc.2017.0035 .
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Suppose that a firm in charge of a business ecosystem is a firm in charge of a microeconomy. To achieve the highest growth rate, how open should that economy be? To encourage third-party developers, how long should their intellectual property interests last? We develop a sequential innovation model that addresses the trade-offs inherent in these two decisions: (i) Closing the platform increases the sponsor’s ability to charge for access, while opening the platform increases developer ability to build upon it. (ii) The longer third-party developers retain rights to their innovations, the higher the royalties they and the sponsor earn, but the sooner those developers’ rights expire, the sooner their innovations become a public good upon which other developers can build. Our model allows us to characterize the optimal levels of openness and of intellectual property (IP) duration in a platform ecosystem. We use standard Cobb–Douglas production technologies to derive our results. These findings can inform innovation strategy, choice of organizational form, IP noncompete decisions, and regulation policy. This paper was accepted by Chris Forman, information systems.
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We propose a new method for estimation in linear models. The ‘lasso’ minimizes the residual sum of squares subject to the sum of the absolute value of the coefficients being less than a constant. Because of the nature of this constraint it tends to produce some coefficients that are exactly 0 and hence gives interpretable models. Our simulation studies suggest that the lasso enjoys some of the favourable properties of both subset selection and ridge regression. It produces interpretable models like subset selection and exhibits the stability of ridge regression. There is also an interesting relationship with recent work in adaptive function estimation by Donoho and Johnstone. The lasso idea is quite general and can be applied in a variety of statistical models: extensions to generalized regression models and tree‐based models are briefly described.
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Research summary Platform owners sometimes enter complementors’ product spaces and compete against them. Using data from Amazon.com to study Amazon’s entry pattern into third‐party sellers’ product spaces, we find that Amazon is more likely to target successful product spaces. We also find that Amazon is less likely to enter product spaces that require greater seller efforts to grow, suggesting that complementors’ platform‐specific investments influence platform owners’ entry decisions. While Amazon’s entry discourages affected third‐party sellers from subsequently pursuing growth on the platform, it increases product demand and reduces shipping costs for consumers. We consider the implications of these findings for complementors in platform‐based markets. Managerial summary Platform owners can exert considerable influence over their complementors’ welfare. Many complementors with successful products are pushed out of markets because platform owners enter their product spaces and compete directly with them. To mitigate such risks, complementors could build their businesses by aggregating non‐blockbuster products or focusing on products requiring significant platform‐specific investments to grow. They should also develop capabilities in new product discovery so that they could continually bring innovative products to their platforms. This article is protected by copyright. All rights reserved.
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We study how platform owners’ decision to enter complementary markets affects innovation in the ecosystem surrounding the platform. Despite heated debates on the behavior of platform owners toward complementors, relatively little is known about the mechanisms linking platform owners’ entry and complementary innovation. We exploit Google’s 2015 entry into the market for photography apps on its own Android platform as a quasi-experiment. We conclude based on our analyses of a time-series panel of 6,620 apps that Google’s entry was associated with a substantial increase in complementary innovation. We estimate that the entry caused a 9.6% increase in the likelihood of major updates for apps affected by Google’s entry, compared to similar but not affected apps. Further analyses suggest that Google’s entry triggered complementary innovation because of the increased consumer attention for photography apps, instead of competitive “racing” or “Red Queen” effects. This attention spillover effect was particularly pronounced for larger and more diversified complementors. The study advances our understanding of the effects of platform owner’s entry, explicates the complex mechanisms that shape complementary innovation, and adds empirical evidence to the debate on regulating platforms. The online appendix is available at https://doi.org/10.1287/isre.2018.0787 .
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We study intergenerational platform‐technology transitions as instances of potentially disruptive innovation at the ecosystem level. Examining the launch of 12 platform technologies in the U.S. videogame industry covering three console generations from 1993 until 2010, we show that incumbents introducing next‐generation platform technologies with advanced capabilities increase the challenges of developing complements for the platform technology, steepening complementors' learning curves and disrupting the very same complementors that platform owners need to thrive in the next‐generation competition. We find that, because of these struggles, platforms with advanced capabilities but high complement‐development challenges show a pattern of defection of complementors toward rival, less challenging platforms. Our study extends mainstream disruptive‐innovation theory to the context of platform‐based ecosystems by offering a systemic view that accounts for disaffection on the part of technology complementors—rather than end users—as the main reason for disruption. This article is protected by copyright. All rights reserved.