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Oompa-Loompas and Intellectual Property
Willy Wonka is not just for kids! Everyone knows him as a confectionary
genius who is a little eccentric, enterprising and successful—but he could have
easily been mediocre. There is a timely message about capitalism and intellectual
property in the movie Charlie and the Chocolate Factory with a humanitarian
cherry on top that makes the amazing chocolatier even sweeter. This children’s
tale is relevant to current issues of intellectual property (IP) theft taking
place in internet security databases, computer operating systems, reality TV
show concepts, and the RIAA. When it came to internal IP theft, Willy Wonka did
not mess around, and others can learn from his success.

Everyone wanted a piece of Wonka’s pie when he became so innovative that other
candy makers could not compete with their own wits, and the competition
resorted to dirty dealings like trying to pay off Wonka’s workers for the
secrets to his success. Wonka, a true capitalist, took matters into his own hands
and fired all of his workers to protect his trade secrets. The public saw this
as a drastic movie and believed the man’s paranoia had gotten the best of him.
Yet when Wonka’s factory doors closed, to everyone’s surprise it continued to produce
great candy and even bolder products. Wonka’s innovation and output grew substantially,
all without any visible work.
It turned out that Wonka had outsmarted everyone and outsourced in a way which
was both economically productive for him and humanitarian for his new workers.
He employed the enigmatic Oompa-Loompas in his factory, creatures whom he
rescued from monsters and employed in his factories. Wonka’s Oompa workers have
an interesting evolutionary story: Roald Dahl’s first edition of Charlie and
the Chocolate Factory explicitly referred to these Oompa- Loompas as African
pygmies who were ravaged by war and destruction; the book was heralded as a
Victorian humanist story. But during the 1970’s, Dahl was heavily criticized
and called a racist. In his revision, Dahl kept the same idea, only making it
more fantastical— the new Oompa-Loompas were little exotic creatures plucked
from their monster-ravaged land and given asylum in Wonka’s factory in exchange
for work.
And work they did, long and hard, at various tasks dependent upon skill. It was
a simple exchange: Wonka needed workers he trust and the Oompa-Loompas needed a
safe home. When both parties seek security, this is the best arrangement. If an
Oompa-Loompa managed to get out of the factory and reveal a Wonka trade secret,
he would be “deported” and sent back to the monsters. This brings new light to
the term job security.
Let us modernize Dahl’s tale: a media distribution company wants to prevent
movies and CDs from being stolen internally and placed on file-sharing networks
and/or sold as bootlegs. This company realizes the only way to prevent workers from
being offered fantastic sums of money for leaking a disc is to make sure the
workers do not have the opportunity to be approached by any competition. One
option would be to take in starving Nigerians or Sudanese war refugees, and
offer them some type of indentured servitude on the condition of deportation
for violation of their contract. Many technology-oriented businesses are
outsourcing overseas and, according to the Outsourcing Institute, one of the
reasons is because they want increased IP security.
With Microsoft employees, this sort of security can only be achieved by making
the detriments of being dishonest outweigh the benefits offered by the competition.
A confidentiality agreement only goes so far, and non-disclosure agreements
have a history of failing (if you are threatened with a $5 million lawsuit for
disclosing trade secrets and the competition is willing to pay you $10 million,
which would you choose?). Money and the threat of job loss are not enough to
secure valuable IP security, so the capitalist has to be more ruthless.
Ruthlessness is not always bad; in Wonka’s case it did a lot of good.
In Dahl’s universe, the candy world is better off from Wonka’s distrust. If
Wonka had not sealed off his factory and found the Oompa- Loompas, he would not
have had the leisure and security to come up with his extraordinary ideas. If
Bill Gates fired all his employees tomorrow and designed a completely internal operation,
who could blame him? I for one would not hesitate to call him a hero. After
all, what is good for Willy Wonka is good for America.
Kerri Price is a junior in Ezra Stiles
College
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