Having written an improvement to finding text areas in bitmap images for OCR software, and not selling a single copy, or even licensing it to whatever OCR monopoly there is, this rings somewhat true.

Actually, the same goes for recorded music. You can copy the Aphex Twin's sound, but he's already done it. Even if he depends on a brand of synth to sound like that, that means you can't use the same synth without sounding the same. It's a no-win situation.

I think the term is first-time advantage.