SIPAlert Daily: Study says be careful of small patterns for big decisions

The opening scene of the play Rosencrantz and Guildenstern Are Dead by the great English playwright Tom Stoppard (who also won an Oscar for writing Shakespeare in Love) shows Rosencrantz flipping a coin in the air 104 times—the first 103 come up heads. I hadn’t thought of this scene in a while until a report on NPR this morning by Shankar Vedantam about new research connecting the idea of the gambler’s fallacy—that after, say, a streak of five heads we expect the sixth to be tails—with interviewing job candidates.

“People are averse to judging too many applicants high or low on a single day, which creates a bias against people who happen to show up on days with especially strong applicants,” Uri Simonsohn, of the Wharton School of the University of Pennsylvania, and Francesca Gino, of Harvard Business School, said. “We were able to document this error with experts who have been doing the job for years, day in and day out.”

The research—which you can get to through an HBR blog post—came from analyzing 9,000 interviews involving MBA candidates over the course of a decade. What’s interesting is that it can be helpful to both those hiring and those interviewing—and even applied to other areas like choosing email copy, speakers and freelance employees. The basic idea involves not getting fooled by small patterns.

The researchers discovered that employers who have just interviewed several strong candidates are more likely to view the next applicant negatively—they call this “narrow bracketing.” Having too many poor candidates on the same day can also skew the results. Simonsohn and Gino estimate that interviewers add the equivalent of two years of job experience to the last candidates of a poor group, believing that—like the coin—the next one must be different.

Simonsohn and Gino give three possible reasons for this:
1. People’s belief in the law of the small numbers first put forth by Tversky & Kahneman in 1971; basically, they can’t all be heads.
2. Mental accounting. Simplifying the task of maintaining a given long-term target of positive evaluations by applying [targets] to each “daily account.”
3. We worry about those evaluating us. “How could Ronn not like all these candidates?”

The solution? They recommend having a spreadsheet where you can see all the candidates that you interviewed, giving clarity to your search over time. This would help good candidates who appear earlier and may be forgotten. People debate whether it’s good to interview first or last. (I would have said last.) But this study puts that question more on the quality of those interviewing around you.

I have always wondered about this with film critics, not understanding how they could like a particular film. This research would explain that; attend six or seven films like Identity Thief or 21 and Over, and the next couple you might like no matter what they are. It would seem that publishers would also have to be careful, perhaps in judging email copy or possible speakers. At least there’s testing to validate what you think.

Steve Inskeep, the NPR host, said that this ideology also has broader implications. “Don’t get too focused on the last few things that happened and assume or get caught up on small patterns.”

“And don’t assume that the smaller pattern has to necessarily affect the larger pattern,” Vedantam added. “So if you tossed the coin a million times in a row and it comes down a million times heads, something’s wrong. But if you tossed it and it comes down five times in a row heads, it’s actually not such a big deal.”

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Ronn LevineRonn Levine began his career as a reporter for The Washington Post and has won numerous writing and publications awards since. Most recently, he spent 12 years at the Newspaper Association of America covering a variety of topics before joining SIPA in 2009 as managing editor. Follow Ronn on Twitter at @RonnatSIPA

SIIA Welcomes New Commerce Department Report Hailing Intellectual Property’s Contributions to the U.S. Economy

SIIA welcomes the Commerce Department’s groundbreaking report, which shows, from an independent and authoritative body, that Intellectual Property protection is essential to the creation of American jobs and growth of the U.S. economy.

The new report found that 40 million jobs, or 27.7 percent of all jobs, were attributable to the most IP-intensive industries in 2010, while software publishers led the way among IP-intensive service-providers with $22.3 billion in exports in 2007. The Commerce Department’s report underscores the critical importance of adequately and effectively protecting the software and digital content industries, which are key drivers of economic growth and recovery.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.

Copyright protected through ISPs, media, and law this week

Internet Providers to Help Thwart Online Piracy (New York Times)
Internet providers have reached a deal with major entertainment media companies that creates a uniform procedure for notifying customers about repeated instances of digital copyright infringement on their accounts. The system provides for a graduated response of six warnings that start at simple emails and escalate to slowed connections or a block from web surfing.

Judge Rules “Locker” Site is Not Direct Copyright Infringer (Ars Technica)
A federal judge in Miami has dismissed direct copyright infringement charges against online locker service Hotfile, but is allowing the case to proceed over the secondary liability charge to determine whether Hotfile is guilty of inducing its users to infringe copyrights.

Entertainment Companies Create New Website to Promote Anti-Piracy Effort (Los Angeles Times)
A coalition of major media companies and entertainment labor unions has launched a new website called Creative America to educate the public about content theft and promote anti-piracy legislation.

SAP to Argue for New Trial in Oracle Lawsuit (Computerworld)
SAP is seeking a new trial and a reduction of the $1.3 billion jury award it was ordered to pay.

Top IP Headlines

1.) U.S. Anti-Piracy Body Targets Foreign Website Owners for Extradition (The Guardian)
The U.S.’s Immigration and Customs Enforcement agency says foreign website owners may face extradition to the U.S. on piracy charges, even if the operation has no direct connection to the U.S. A site may be the target of prosecution as long as it ends in .com or .net, or is implicated in the spread of U.S. copyrighted material.

2.) Another Judge Threatens to Dismiss Righthaven Copyright Suits (Vegas Inc)
U.S. District Judge Larry Hicks in Reno is the fifth judge dismissing or threatening to dismiss Righthaven copyright suits, giving Righthaven ten days to show cause why ten lawsuits he is handling should not be dismissed for lack of standing.

3.) New Attacks Launched on Righthaven Litigation Campaign (Vegas Inc)
Three more defendants are fighting back against Righthaven’s litigation campaign, each filing new or updated motions to dismiss.

4.) Alki David Drops CNET Lawsuit; Vows to Bring ‘Expanded’ Action (paidcontent.org)
FilmOn founder Alki David dropped his copyright infringement lawsuit against CBS and its CNET division after it could only produce six works it says was infringed by CNET, but David says other artists and copyright owners will be joining him in an expanded lawsuit.

5.) Apple Receives Mised Ruling on S3 Patent Violation (San Francisco Chronicle)
U.S. International Trade Commission Judge James Gildea said Apple violates two S3 patents, and was found to not have violated two others. The judge’s ruling is subject to review by the ITC, which will decide within 60 days whether or not to review the decision.

This Week’s Top 5 IP Headlines are…

1.) Hollywood in Court to Force Piracy Blocking on UK’s Largest ISP (paidContent:UK)
Hollywood film studios are taking their piracy battle to London’s high court in an attempt to get British ISP BT to block access to Newzbin2, a website that allegedly distributes pirated material.

2.) Top ISPs Poised to Adopt Graduated Response to Piracy (CNET)
Top ISPs, including AT&T, Comcast and Verizon, are close to striking a deal with media and entertainment companies that would require the ISPs to take a tougher stance against customers who refuse to stop using the network to infringe on others’ intellectual property.

3.) Academic Publisher Steps Up Efforts to Stop Piracy of Its Online Products (The Chronicle)
After finding cheap, illegal access being sold to its online databases, academic publisher SciFinder is focusing its anti-piracy efforts on higher education, given a majority of the stolen or leaked SciFinder passwords are from accounts of college students and professors.

4.) Viacom Files Another iPad Streaming Lawsuit, This Time Against Cablevision (paidContent.org)
Similar to the dispute Viacom is having with TimeWarner, Viacom is now pursuing a claim against Cablevision over iPad streaming.

5.) Clark County Man Sentenced for Counterfeit Software Scheme (The Seattle Times)
Wayne Chih-Wei Shu of Clark County was sentenced to three years in prison and ordered to pay $687,633 in restitution for selling counterfeit Microsoft software and failing to file income tax returns.

Cybersecurity heats up; privacy hearing is tomorrow

Cybersecurity is continuing to heat up on the Hill. Leadership of the Senate Homeland Security and Commerce Committees continue working together on draft legislation based on last year’s legislation, while also waiting on critical input form the White House. The Administration, through its Joint Interagency Cyber Task Force, is developing cybersecurity policy recommendations expected to be released later this month. The report may include legislative recommendations.

Meanwhile, the Senate Commerce Committee has yet to reschedule its hearing on the issue originally scheduled for last week, but this is expected to be put back on the calendar soon. SIIA supports a collaborative public-private effort to protect the Nation’s critical IT infrastructure, and will continue working with policymakers in the Congress and Administration to help achieve this common goal.

Reform of the Electronic Communications Privacy Act (ECPA) takes a step forward on April 6, when the Senate Judiciary Committee holds a hearing on ECPA: Government Perspectives on Protecting Privacy in the Digital Age. At issue are the rules for government access to information stored in the cloud. The witnesses will include Cameron Kerry, General Counsel of the Department of Commerce, and Associate Deputy Attorney General James Baker.

Senate Judiciary Chairman Patrick Leahy (D-Vt.) on Monday announced that he will introduce a new version of his bill to combat online piracy soon. Named the Combating Online Infringement and Counterfeits Act (COICA), the legislation was approved by the Committee last year, but did not advance in the Senate. Chairman Leahy has indicated that the new bill will take into account First Amendment concerns raised last year. Also, on Monday, a group of Judiciary Committee leaders on the House and Senate joined in releasing a statement of their support for this effort. The House Judiciary Sbcmte. will have a hearing on the issue on Wednesday.

ICANN’s Planned Expansion of gTLDs: Opportunities and Challenges

While some entrepreneurs and technology companies welcome the opportunity that new gTLDs will bring, and plan to submit applications to run new gTLDs, other trademark and copyright owners are rightfully concerned about the potential for increased piracy and abusive domain name registrations.

This webcast will discuss the process, likely implications, and strategies for dealing with new gTLDs.

Featuring:
Steve Metalitz, Partner, Mitchell Silberberg & Knupp LLP, counsel for the Coalition for Online Accountability (COA)
Scott Bain, Chief Litigation Counsel & Director, Internet Anti-piracy, Software & Information Industry Association (SIIA)