The words he uses “there is no ambiguity about the IP issues” are correct except that he continues to create an ambiguity by misrepresenting the simple fact that has been repeated many times by I and other representatives of YCYC. Let me put it another way. There are 9,100 entries currently being considered by the YCYC judges. The rights of 9,098 of those will not be affected in any way – high or holy – by their involvement in the competition. The other two will get €100,000 each.

In respect of the funding there will quite correctly have to be a frame around what is provided that will ensure its correct and proper use. Despite the attempts to confuse people on that matter, I am satisfied that there is no conflict between what we have said before that the Government has agreed to give €300,000 to the YCYC fund and the statement of the Minister in the House.

I appreciate that all of these issues are raised in good faith but it is worth noting that what YCYC is looking to identify as a proposal for development is totally different from that which might be presented to a CEB or EI. YCYC is about finding two concepts, an idea, something to be explored further rather than a specific plan for a business or a company. The two are simply not the same. One can think more of one than the other but that is not to take away from the validity of either.

In the posts regarding the registration of the website I pointed out that at the time when we chose the name and wanted to get the domain registered, YCYC had no resources or people in place and therefore asked AIB to register it with the intention of transferring it to the YCYC company once that was up and running. That has now happened as can be seen if one follows the links you have provided through the Tuppence blog.

For the avoidance of any doubt, none of those contributing to YCYC or of those involved in the creation or running of the project will have any involvement in the judging process – that is a separate and discreet process. Equally the Irish Times article of Apr 29, some of which you have quoted but which is not under the link provided above (see here – http://is.gd/c6grK) makes that clear –

“The competition’s corporate organisation, An Smaoineamh Mór Ltd, will
not, either on its own behalf or through any corporate entity it controls or is
associated with, benefit financially from the development of the winning
proposals. The intention is, rather, that it will co-ordinate the design,
operation, and implementation of these proposals, with the aim of ensuring
that in doing so it will open up opportunities for national economic growth”

That article deals also with the question raised on IP and it is important to be clear that with the notable exception of the two eventual winners who will each receive a cash sum of €100,000, there are no rights surrendered or lost by any participant. Again from the Irish Times of April 29

“The chief objective is to ensure the winning proposals are developed in the
national interest, rather than in the commercial interests of specific
companies, organisations or individuals. The transfer of intellectual
property rights is necessary to ensure the implementation cannot be
compromised or stalled by legal disputes about who owns the proposal…

… An Smaoineamh Mór will not itself enter into any business or commercial
activity, nor will it exploit intellectual property rights for its own financial or
other benefit, or the benefit of anyone associated with it or with the running
of the competition. All entrants with proposals that do not end up as winners
will retain full intellectual property rights to their ideas”

You refer to the costs and the people working on the project. To be very clear everyone, in all the areas of input required, worked for nothing. All of the services referred were delivered and provided free of charge and all of the media likewise. There are some material costs that have and will be incurred but none of those involved have been paid for their services or time. In terms of the use of the fund, €1.2m of the €2m is for the winners and the development of their ideas. Any surplus that exists when that has been discharged and all material costs have been covered will be put back into progressing the proposals coming out of the competition and the discharge of that will be reported on.

Thanks again for the review,

Thanks for the name check. I enjoyed reading your piece but I’d like to point out that:

a) there is no ambiguity about the IP issues. The terms and conditions of YCYC explicitly state at Section 7 that anyone submitting an idea assigns any IP in that idea to An Smaoineamh Mór for the duration of the competition and that the winners assign any such IP in perpetuity. What YCYC have done to down play this is to suggest that there would likely be very little IP in the winning ideas. That may well be the case but the simple fact remains that by submitting an idea to YCYC you assign any intellectual property you might have in it to them.

(see Simon McGarr’s excellent post on this here)

b) There is also no ambiguity about the funding situation from the Dept of Enterprise. The then Minister (Mary Coughlan) has stated on the Dáil record on 23rd March that there has been no agreement to provide funding and that the application was being considered and the amount which might be provided should the application be approved might not be €300k. This is despite the claims from YCYC since 6th March that they have funding of €300k agreed from the Department.

Funding is a lot like pregnancy. You either are or you aren’t. You can’t be a little bit funded just as you can’t be a little bit pregnant. For YCYC to have had funds made available to them on or before the 23rd of March would require a Government Minister to have mislead the Dáil either by accident or design. One must assume that that did not happen and that there is some confusion on the YCYC side about the status of their application.

Given that budgets in the County Enterprise Boards are rumoured to be facing another cut of up to 25%, there would need to be some serious questions asked if the Government provided funding to YCYC at the same time as swinging the axe to cut costs in those areas.

As Simon McGarr said during the excellent radio debate with Professor Ferdinand von Prondynski from the YCYC steering committee, for the Dept of Enterprise, Trade and Innovation to be giving €300k to YCYC they would need to be taking at least €100k from each of Enterprise, Trade, or Innovation, and they’d be doing so without any public debate or tender for the use of those funds.

If I, as a consultant/trainer, want to get a gig providing training via the CEBs or EI, or engaging in consulting with any Govt agency, I need to submit a response to a tender and be vetted- YCYC should be no different where taxpayers’ money is concerned.

If money has been provided from the Department subsequent to the March 23rd reply I’d be interested to know what budgets under the Minister’s control has the money been taken from and what forms of existing enterprise support might suffer as a result (or is this money being found through “efficiencies”?)