The age of operations

Historically, the codebase for your product was your most valuable startup asset. However, software products are now extremely easy to copy. Code is now cheap. Anyone can sign up for a free trial to your software, point an agent at it, and copy every user-facing feature.

To many, this looks like the death of technology as a moat: the only remaining moats are commercial, regulatory, or maybe patent driven.

This is certainly a change in competitive dynamics, and indeed, the relative value of commercial, network-driven, and regulatory moats is increased. But intellectual property is not dead, it’s just shifted elsewhere in the business.

The technology in your startup can be bucketed into the following groups:

  1. The customer-facing user experience. This is what the user can see and experience when they interact with your product. This is now incredibly easy to copy. AI has already commoditised it.
  2. Your application backend. Many application backends are simple to reverse-engineer from the user experience layer, and therefore easy to copy. But not all. Products with opaque backends, that abstract away innovative solutions to complex problems, are still difficult to replicate.
  3. Your operational toolkit. Historically, this has been incredible off-the-shelf at most startups. Tools like HubSpot, ZoomInfo, VSCode, Vercel, Claude Code. But today, with code being cheap, startups are increasingly building custom internal operations stacks. These can be impossible to see from the outside, and create a sustainable competitive edge.

So, startups should:

Let’s run through some examples:

Potential implications of this new reality:

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Labor, at both the federal and state levels, is now deep into a multi-year string of regulations despised by startup founders: the proposed Division 296 tax on unrealised superannuation gains above A$3M, the mooted increase to sophisticated investor thresholds (from $250k income / $2.5M assets to $450k / $4.5M), the abolition of non-compete clauses below the high-income threshold, the Right to Disconnect, Victoria’s work-from-home legislation, tightened ESS reporting requirements, and now the 2026–27 CGT reform.

 
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