This is more a question for the media, who have once again embraced the chance to print a ‘good news’ story.
Just in case someone would like to run against the grain (and aren’t turned down by their editors when they suggest blaspheming against ‘optimism’) here are some questions;
Who is funding the competition?
Padraig McKeon (Managing Director of Drury Communications and their “go-to’ guy for crisis and issue management”) tweeted
Am on YCYC Steering. It is as @darraghdoyle says; one of 13 contributors, in kind and €, all less than 10% fund #ycyc
Darragh Doyle had filled us in on AIB like so:
they’re one of the contributors, afaik, with Diageo, BOI, Cisco and other big names. Approx 130K each I *THINK*
Really? Is it possible that the two main banks- the main causes of our social and economic woes- are funding this competition (with money paid over from the state to keep them in business) with the stated aim to “help change the way we do things, allow businesses to grow, employment to be created and prosperity to flourish.” Can there be that much cynicism in the world?
Painfully, there is a bit of evidence that AIB, at least, are in the centre of the Your Country Your Call family.
Allied Irish Banks plc
Dublin Co. Dublin
Domain name: yourcountryyourcall.com
Created on: 2009-09-28
Expires on: 2011-09-28
Dublin Co. Dublin
Who owns the Your Country, Your Call ideas?
The Competition’s Terms and Conditions have a section headed Intellectual Property. It is self-contradictory and unclear. Where it isn’t, it would give me pause before pressing the ‘Submit’ button as to what I’m giving away. The Chairman of Arthur Cox Solicitors (who, coincidentally, are advising the government on NAMA) is one of the Directors of Your Country Your Call. I can’t believe that this crucial section has been drafted with anything unintended left in.
As a Participant, in consideration of entry into the Competition you grant to the Promoter, its representative and agents a worldwide, perpetual, irrevocable, transferable, unemcumbered, royalty-free, fully paid up, non-exclusive license under all of Participant’s Intellectual Property Rights in the Proposal (as defined below) to:
(c) revise, alter, modify, improve or otherwise make derivative works of the Proposal; and
(d) sublicense and authorize the granting of sublicenses by the Promoter of all of the license rights granted to the Promoter in this Section 7.1.
The above licence shall remain in effect for the duration of your participation and involvement in the Competition and shall automatically terminate at the end of your involvement in the Competition.. Notwithstanding the foregoing licence (and other than with respect to the transfer of all Intellectual Property Rights in the winning Proposals by the winning Participants to the Promoter, on the terms described in Clause 7.2 below), you retain ownership of all of your Intellectual Property Rights in your Proposal.
Look, why would you look for a ‘perpetual, irrevocable’ licence and then say it terminated in 63 days?
Section 7.2 is about what happens to the winner. I’ll come back to that in a minute. First, let’s look at Section 7.4, which applies to everyone.
You waive all claims to and shall receive no royalties of any kind, whether now or in the future, from the Promoter, its affiliates, licensees, successors and assignees for use of your Proposal, including, without limitation, intellectual property, public performance, digital sound recording, mechanical, synchronization or master use royalties.
So which is it? You own all your IP? Or you waive all claims to it? Even the steering committee don’t seem to know.
Here’s Padraig McKeown, our ‘go-to guy’ from earlier again via twitter;
Must be read with Sec 7,1 “Retain..all..your..IP” YCYC a charity, not a biz. Can use it for PR etc for no fee; U still own it #ycyc
There’s no sign in the T&Cs that one clause is subordinate to another. So we just have contradictory claims.
And if you win? Then you get the pleasure of Section 7.2
At Promoter’s option, in consideration of entry into the Competition the winning Participants (including, where relevant, all Team members of such Participants) shall irrevocably transfer, convey and assign to the Promoter (or such party that the Promoter may direct) all right, title and interest in and to the winning Proposal and all Intellectual Property Rights therein (excluding moral rights). The winning Participants (including, where relevant, all Team members of such Participants) further agree to waive all moral rights relating thereto and agree to execute all documents and perform all acts deemed necessary by the Promoter to apply for, register, perfect and record such transfer and assignment and/or waivers.
Or, take your €100,000 and drop dead. The About page makes this perfectly clear:
Please note that the prize is for the winning proposers – this is similar to architectural competitions where the winning architect may or may not be involved in the subsequent construction.
So, got an idea for some “truly transformational proposals so big that, when implemented, could secure prosperity and jobs for Ireland. Proposals that could help change the way we do things, allow businesses to grow, employment to be created and prosperity to flourish”?
This is your chance to give them away for €100,000.
Or, if you’re a member of the media, do you think there might be just the slightest issue worth asking questions about here?
That is the current President of Ireland on the front page.