• about 3 years ago
Dropping out of contest. Warning to other contestants about source code .
Hello SAMSHA and my fellow contestants. I just read the contest rules in detail and their is a troubling conflict in the rules. Consider these two contradictory clauses:
A) 6. SUBMISSION RIGHTS
A. Any applicable intellectual property rights to a Submission will remain with the Contestant.
B) E. General Requirements - (v) Prizewinners may be required to submit the source code and any relevant data of their Application to the Administrator and/or Sponsor upon request at any time.
For open source projects B is not a problem. However for closed source projects that contain important code proprietary to the contestant or to the contestant's company, B is unacceptable. I say that A and B are contradictory because you can't maintain your intellectual property rights to a closed source app if you have to make the source available, even if that contingency is just a possibility.
Also, the following original work clause is problematic because it does not recognize the fact that most apps today, especially web apps, use 3rd party libraries both open source and commercial ("solely owned by the Contestant"):
"ix) Submissions must: (a) be the original work product of the Contestant; (b) be solely owned by Contestant and with no other person or entity having any right or interest in it; and (c) not violate the Intellectual Property rights or other rights including but not limited to copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity. A Contestant may contract with a third party for technical assistance to create the Submission provided the Submission components are solely the Contestant’s work product and the result of the Contestant’s ideas and creativity, and the Contestant owns all rights to them. "
It's too bad because this impetus for the contest is a noble one, but for developers that must maintain their intellectual property it is not possible to participate.
Good luck to my fellow developers in the contest that remain.
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