On September 10, 2001, after speaking at an industry conference at New York's World Trade Center, Hotwire co-founder Spencer Rascoff boarded a flight from Newark to San Francisco. After returning home, Rascoff awoke the next morning to a phone call informing him that the same numbered flight from Newark he had boarded the day before had been hijacked and crashed into one of the World Trade Center's Twin Towers. That same morning, Rascoff's co-founder and Hotwire CEO Karl Peterson was about to give the keynote speech at a travel conference in New Orleans. Peterson saw the second plane hit the towers on the hotel's lobby television. With all commercial flights in the U.S. and Canada grounded for three days after the attacks, 15,000 Hotwire customers were stranded away from home. In the weeks that followed, customers demanded refunds for cancelled flights, and new flight bookings plummeted as Americans lost faith in the safety of air travel. To make matters worse, Hotwire's founders learned from the FBI that some of the 9/11 hijackers had purchased their flights on Hotwire.com. While 9/11 took an emotional toll on all Americans, the travel industry faced the additional burden of intense financial pressure. Hotwire's leadership team needed to make immediate and hard decisions to stem cash outflow and determine where, when, and how to let employees go, while trying to maintain morale. The business required a new capital raise on terms that would be acceptable to existing investors. And, while facing trade-offs in the use of Hotwire's scarce resources, the team needed to position the business for future growth amid a field of well-funded competitors.

Amp Up, a wildly popular electronic-music game, is the brainchild of KMS's cherished programmers, who now spend their time trying to keep customers dazzled with upgrades. But a couple of start-ups have ripped off the idea using their own code - which is open source. Now they're demanding that KMS float with the rising tide and join the open-source community. How could the company make money without its IP? And why should it try? Four experts comment on this fictional case study in R0804A and R0804Z. Jonathan Schwartz, the CEO of Sun Microsystems, says that if KMS is confident it knows what its customers will want next - and if it's content with a small corner of the market - it should stay proprietary. But it will pay a reputational price. Eric Levin, the executive vice president of Techno Source, suggests that KMS take a middle path: license its software to third-party companies and add features to promote community building. This approach could fund itself through royalties or fees and would allow KMS to approve or veto third-party products. Gary P. Pisano, of Harvard Business School, points out that an open-source strategy could increase Amp Up's rate of improvement, enhance users' satisfaction with the game, and reduce KMS's development costs. But if the company stops competing on the basis of its code, it had better be sure of the strength of its downstream capabilities. Michael J. Bevilacqua, of the law firm WilmerHale, warns that KMS risks greater liability for intellectual-property infringement if it joins the open-source community, where code carries no guarantee that it doesn't infringe on someone's IP rights and providers offer no indemnification.

Amp Up, a wildly popular electronic-music game, is the brainchild of KMS's cherished programmers, who now spend their time trying to keep customers dazzled with upgrades. But a couple of start-ups have ripped off the idea using their own code - which is open source. Now they're demanding that KMS float with the rising tide and join the open-source community. How could the company make money without its IP? And why should it try? Four experts comment on this fictional case study in R0804A and R0804Z. Jonathan Schwartz, the CEO of Sun Microsystems, says that if KMS is confident it knows what its customers will want next - and if it's content with a small corner of the market - it should stay proprietary. But it will pay a reputational price. Eric Levin, the executive vice president of Techno Source, suggests that KMS take a middle path: license its software to third-party companies and add features to promote community building. This approach could fund itself through royalties or fees and would allow KMS to approve or veto third-party products. Gary P. Pisano, of Harvard Business School, points out that an open-source strategy could increase Amp Up's rate of improvement, enhance users' satisfaction with the game, and reduce KMS's development costs. But if the company stops competing on the basis of its code, it had better be sure of the strength of its downstream capabilities. Michael J. Bevilacqua, of the law firm WilmerHale, warns that KMS risks greater liability for intellectual-property infringement if it joins the open-source community, where code carries no guarantee that it doesn't infringe on someone's IP rights and providers offer no indemnification.