It may be that information wants to be free, as technology guru Stewart Brand contends. But when it comes encased in patent and copyright protection, it needs pirates and freelance copyists to facilitate its escape. In developed nations, it is the pace of innovation that enables the pirates and bedevils the owners of intellectual property: a new technology like file sharing can threaten the viability of an entire industry. In developing nations, where the incidence of theft is far greater, the problem is halfhearted enforcement, weak sanctions, and laws that are full of holes. Nintendo estimates that counterfeiting in China alone cost it $720 million in sales last year. Perhaps five out of six motorcycles sold in China bearing Yamaha nameplates are fakes. And, according to the trade group Business Software Alliance, more than half of all installed software programs in Asia Pacific, Latin America, and Eastern Europe are pirated versions of some company’s legal property. The challenge that owners of intellectual property face is that it’s more expensive for them to produce a first copy than it is for counterfeiters to reproduce it. In the case of digital intellectual property, the expense of reproduction can be minuscule.

A version of this article appeared in the December 2004 issue of Harvard Business Review.