May 13, 2024

You’re the Boss Blog: Your Ideas Are Worthless

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In a recent post, I wrote about my belief that ideas had no value and that it wasn’t worth anyone’s time to protect a business idea. It’s a notion I have been talking about for some time, but it is a controversial concept that often provokes strong disagreement. That disagreement, I think, stems from a misunderstanding of what an idea really is — or at least what I deem an idea to be.

Let me try to clarify. I received a comment asking that if I really thought ideas were worthless, why did I bother to copyright my book, “The Entrepreneur Equation“? The answer is simple. I didn’t protect the idea of the book; I protected the final work product — postexecution.

I didn’t try to copyright my original idea for writing a book around the framework of evaluating the risks and rewards of entrepreneurship. The reality is that I wouldn’t have been able to do so — that idea cannot be protected. Furthermore, I didn’t keep the idea a secret for fear that someone else would write the same book. I shared with many people what I was doing to get feedback and to create accountability for me to finish it. I had individuals, some paid, some just helping, review early drafts to make the book stronger. Only after writing the 80,000-plus words and then revising, editing and packaging it into a final product did I seek protection. But I wasn’t protecting my idea; I was protecting my execution, my work product.

If you create something of value that can be protected and it makes sense to protect it (i.e. the cost of protecting it makes sense in relation to the amount of money you believe that you can generate from that work product), then do it. But there’s a big difference between protecting a concept for a new business and protecting a highly differentiated methodology that you have perfected over a period of years.

In my article, I wrote that Google wasn’t the first search engine and that the idea for its search engine didn’t need to be protected. One response was, well, what about Google’s algorithm? So, here’s the nuance:

  • Google comes up with the idea for a faster, more focused search engine with better results — that is an idea, and it’s not worth protecting.
  • Google has an idea to create an algorithm to perform that more focused search — that is an idea and it’s still not worth protecting.
  • Google spends time and capital resources writing and producing an algorithm that changes the way search is done. This is no longer an idea; this is work product that IS worth protecting.

Copyrights, patents, trademarks and other forms of intellectual property protection are important.  As I said when Apple went to court to sue Samsung, intellectual property protection gives entrepreneurs the confidence to invest in innovation. Again, however, it comes down to execution, not ideas. Your idea for a television show isn’t something to protect; your script for the pilot episode might be. Your idea for shoes that can fly can be bantered about, but if you create those shoes, you definitely want to patent them.

Intellectual property protection can be valuable and worthwhile, but protecting your business ideas is not. It can even be counterproductive.

Carol Roth is a business strategist who has helped clients raise more than $1 billion in capital. You can follow her on Twitter.

Article source: http://boss.blogs.nytimes.com/2012/11/09/your-ideas-are-worthless-part-2/?partner=rss&emc=rss

Freddie Mac’s Loan Deal With Bank of America Is Called Flawed

The faulty methodology significantly increased the probable losses in Freddie Mac’s portfolio of loans, according to the report, prepared by the inspector general of the Federal Housing Finance Agency, which oversees the company. Freddie Mac and Fannie Mae were taken over by the government in 2008 so additional losses would be shouldered by taxpayers.

The report also noted that the settlement with Bank of America in December was completed over the objections of a senior examiner at the agency. Freddie Mac officials did not want to jeopardize the company’s relationship with Bank of America, from which it continues to buy loans, the report concluded.

The agency official who questioned the loan review methodology contended that Freddie Mac’s analysis greatly underestimated the number of dubious loans bought from the Countrywide unit of Bank of America from 2005 to 2007. The deal between Freddie Mac and the bank resolved claims associated with 787,000 loans, some of which were repurchased by the bank, and cannot be rescinded.

“An effective mortgage repurchase process is critical in limiting the enterprises’, and ultimately, the taxpayers’ exposure to credit losses resulting from the financial crisis,” said Steve A. Linick, the inspector general who oversaw the report. “F.H.F.A. and Freddie Mac must do more to ensure that high-dollar settlements of repurchase claims are accurately estimated and in the best interests of taxpayers.”

When selling loans to Freddie Mac and Fannie Mae, Countrywide and other originators vouched that the mortgages met certain quality standards or characteristics, like accurately representing a borrower’s income or the appraised value of a property. These promises require mortgage originators to buy back at full value those loans that do not meet the standards.

Companies often review loans for possible buybacks after experiencing large numbers of defaults. Not all defaults, of course, occur after misrepresentations.

The inspector general’s report does not specify how much additional money Freddie Mac could have received from Bank of America had it used a more effective analysis. But the senior examiner who questioned the deal told the inspector general’s staff that Freddie Mac’s faulty process could cost the company “billions of dollars of losses.”

A Freddie Mac spokesman, Douglas Duvall, declined to comment, but said that it continued to believe its deal with Bank of America was “commercially reasonable based upon our internal evaluation and judgments.”

Because of the faulty methodology, Freddie Mac failed to review 100,000 loans from 2006 for possible irregularities, the report said. As of June 2010, some 93 percent of foreclosed mortgages from 2005 and 2006 had not been analyzed, eliminating “any chance to put ineligible loans back to the lenders for those years.”

The report also noted that 300,000 foreclosed loans originated from 2004 to 2007 and owned by Freddie Mac were not reviewed for possible claims. These loans have a combined unpaid principal balance exceeding $50 billion, the report said.

Freddie Mac’s review process was faulty, according to the report, because it did not change its analysis to account for new types of mortgages issued during the housing boom. These included mortgages that had rock-bottom interest rates initially — known as teaser rates — lasting three years to five years before adjusting upward.

The loan review analysis used by Freddie Mac focused on mortgages that went bad within two years, because historically that had been the period during which defaults related to possible loan improprieties were most likely to occur. Reasoning that the new types of mortgages with artificially low initial rates would probably lengthen the period before large numbers of defaults occurred, the senior agency examiner urged Freddie Mac’s management in June 2010 to review loans that experienced problems well after two years, the report said.

Article source: http://feeds.nytimes.com/click.phdo?i=6a29864d5067622db8d4302eaec3ea45