Rules Regarding Code Licensing

Gemini API Developer Competition
1

I am not a lawyer, so I am a bit confused about what rights winners are conferring to Google related to source code; the rules state:

"
As a condition of receiving the Prize, each Confirmed Winner grants Google, its parent, affiliates, agents, and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, translate, dub, broadcast, exploit, reproduce, adapt, modify, rearrange, add to, delete from, copy, publish, distribute, publicly perform, create a derivative work from and publicly display, in whole or in part, Your Submission, app code, and any other materials or other recordings that may be made of or by You (including accompanying materials and features, any names, locations, performances and likeness therein) in any and all media, including but not limited to digital and electronic media, computer, audio, and audio visual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, advertising, promotional, commercial or any other purposes, without further review, notice, approval, consideration or compensation to any Confirmed Winner or any third party in connection with advertising and promotion, including, but not limited to, the right to make screenshots, excerpts, animations, video clips and compilations available for promotional purposes.
"

It says ā€œin any manner, advertising, promotional, commercial or any other purposesā€ but also ā€œin connection with advertising and promotionā€. Do the rules imply that Google can use the submitted code for any purpose, or just for advertising/promotional material? Does it mean that only the part relating to not needing ā€œfurther review, notice, approval, consideration or compensationā€ to the winner is related to advertising/promotional material?

Would love some clarification here.

2 Likes
2

That is a really great question if there is no clarification, I will not participate then, I am very sorry, my work is worth much more than any prize and I do not plan to give away my code to any big tech company.

1 Like
3

Google can use the submitted code for any purpose, including commercial uses, not just advertising or promotional material. The part about not needing further review, notice, approval, or compensation applies to all uses, not just for advertising and promotional purposes.

I hope that helps :laughing:

4

According to the official rules of the Gemini API Developer Competition, the rights granted to Google by winners are indeed broad. The relevant section of the rules states:

ā€œAs a condition of receiving the Prize, each Confirmed Winner grants Google, its parent, affiliates, agents, and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, translate, dub, broadcast, exploit, reproduce, adapt, modify, rearrange, add to, delete from, copy, publish, distribute, publicly perform, create a derivative work from and publicly display, in whole or in part, Your Submission, app code, and any other materials or other recordings that may be made of or by You (including accompanying materials and features, any names, locations, performances and likeness therein) in any and all media, including but not limited to digital and electronic media, computer, audio, and audio visual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, advertising, promotional, commercial or any other purposes, without further review, notice, approval, consideration or compensation to any Confirmed Winner or any third party in connection with advertising and promotion, including, but not limited to, the right to make screenshots, excerpts, animations, video clips and compilations available for promotional purposes.ā€

To clarify:

  1. Scope of Use: The language grants Google a very broad license to use the submitted code and other materials. This includes not just advertising and promotional purposes but also commercial and any other purposes. The use is not limited to advertising and promotion.

  2. Further Review, Notice, Approval, Consideration, or Compensation: The phrase ā€œwithout further review, notice, approval, consideration or compensationā€ applies to the entire scope of use, not just the advertising and promotional purposes. This means that Google can use your submission in the ways described without needing to obtain additional permissions or provide additional compensation to the winner beyond the prize.

In summary, the rules give Google the right to use the submitted code and other materials for any purpose, not just for advertising or promotional material. The lack of need for further review, notice, approval, consideration, or compensation applies to all these uses.

You can find the official rules of the Gemini API Developer Competition on the competition website at 參加 Gemini API 開ē™¼äŗŗå“”ē«¶č³½  |  Gemini API Developer Competition  |  Google for Developers.