9 Aug 2011 5:05 AM #1
Share Contest - licensing concerns
Our team is considering to make a submission to "Share Contest", however we are concerned with the "OWNERSHIP" section in the terms:
According to it, Sencha will effectively own all the code from all submissions. This means we can't use any code with commercial license in the contest (probably will not participate at all).
Any chance the "OWNERSHIP" terms could be relaxed?
10 Aug 2011 11:48 PM #2
I don't think that's what it says. I'm not a lawyer nor do I speak for the company here but in my understanding, to be able to demonstrate and even evaluate submissions a sponsor company needs permission to do so. Note especially the sentences:
"Each Entrant retains ownership of all intellectual property rights in and to the Entry that Entrant had before submission, including the right to distribute the Entry application commercially at any time, subject to any applicable Sencha software license terms."
"solely to the extent necessary to fulfill Sponsor’s obligations under the Contest (e.g. allowing Sponsor to evaluate the Entry for purposes of the Contest) and for marketing and promotional purposes (e.g. to advertise, display or otherwise promote Sponsor’s goods and services)"
I think that's pretty explicit...
11 Aug 2011 1:16 AM #3
This sounds scary:
However as a condition of Entry, Entrant hereby grants Sponsor a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable, and non-exclusive license to use, reproduce, copy, adapt, publicly perform, communicate to the public, make available and publicly display
solely to the extent necessary to fulfill Sponsor’s obligations under the Contest (e.g. allowing Sponsor to evaluate the Entry for purposes of the Contest) and for marketing and promotional purposes (e.g. to advertise, display or otherwise promote Sponsor’s goods and services)
I'm not a lawyer as well, but all in all it sounds like - everything you've submitted belongs to us..
11 Aug 2011 10:30 AM #4
Dunno, seems pretty clear to me... I don't speak for the company on any legal matters but I can tell you its people are not the type to make any attempt to take your code away. I suggest you read the term again closely and if you're convinced it's set up against you seek some legal advice
11 Aug 2011 10:47 AM #5
I also don't speak to the legal issues at play here, but if I had to guess I'd say Sencha might take photos (screenshots) of the app, or use video of the app.
Think back to the conference last year for Sencha Touch. Sencha displayed the winners on the projector, which was also captured by a video camera. Not that Sencha plans on using your code, but I believe showcasing your work qualifies as "marketing".
Bottom line, I think Sencha just doesn't want to be sued for bragging about a winning submission in a blog post, newletter, etc.
But that's just my two cents.