SitePoint Sponsor

User Tag List

Results 1 to 10 of 10
  1. #1
    SitePoint Enthusiast magnus's Avatar
    Join Date
    Jul 2005
    Location
    Georgia
    Posts
    27
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Are "Crowdsourcing" and "Design Contests" even legal?

    I came upon an interesting article the other day:

    http://www.thelogofactory.com/logo_b...ontests-legal/

    and I immediately thought of Sitepoint.

  2. #2
    _ silver trophy ses5909's Avatar
    Join Date
    Jul 2003
    Location
    NoVa
    Posts
    5,466
    Mentioned
    1 Post(s)
    Tagged
    1 Thread(s)
    In what country are you referring to?

    He did post this disclaimer:

    Before I begin I should probably point out that I’m not a lawyer, nor do I play one on the tee vee. Thus, my legal advice, and whatever opinions I offer, are worth exactly what you paid for them. Nada.
    Sara

  3. #3
    SitePoint Enthusiast magnus's Avatar
    Join Date
    Jul 2005
    Location
    Georgia
    Posts
    27
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    A disclaimer doesn't nessecarily make the stuff he is saying invalid.

    As for country, how many countries are the design contests open to?

    Just some stuff to think about

  4. #4
    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
    Join Date
    Aug 2000
    Location
    Philadephia, PA
    Posts
    20,578
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    The article's baloney - design contests are perfectly legal. They're not lotteries, which would be illegal in countries that prohibit unlicensed gambling (like the US). Lotteries are games of chance, whereas design contests are games of skill, and that is the legal differentiator.

  5. #5
    ☆★☆★ silver trophy vgarcia's Avatar
    Join Date
    Jan 2002
    Location
    in transition
    Posts
    21,235
    Mentioned
    1 Post(s)
    Tagged
    1 Thread(s)
    Quote Originally Posted by magnus View Post
    A disclaimer doesn't nessecarily make the stuff he is saying invalid.
    But his lack of a legal education in this area might.

    I'm all for discussion of contests and spec work and industry standards etc. but I really think he's attacking it from the wrong angle. There are enough issues to tackle here without bringing legal fearmongering into it.

  6. #6
    SitePoint Enthusiast
    Join Date
    Oct 2005
    Location
    New York
    Posts
    51
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Contest Laws are very complex. Was a good read.

  7. #7
    SitePoint Wizard bronze trophy
    Join Date
    Oct 2004
    Location
    UK
    Posts
    2,676
    Mentioned
    10 Post(s)
    Tagged
    0 Thread(s)
    I thought it was a very interesting read. This is particularly interestng

    These sites seem to believe that itís the designersí tough luck when the sponsor walks with the prize money without selecting a winner, but Iím willing to bet that contest and gaming laws state otherwise.
    I've seen many, many sitepoint contests end this way. This IMO really is not on at all. If you want to get the benefits of running a competition for your own end (e.g. low risk, cheap labor, dozens of unique ideas, designers firing ideas off each other for your benefit, etc) then you have to accept that you MUST declare a winner out of the people who are good enough to enter your competition - whether you use the design is a separate matter.

    I am not a lawyer, but I do know that at least in the UK, contest law has recently been scrutinised and updated, and it would be interesting to hear a truly legal opinion on these design contests.

  8. #8
    Design Addict helix7's Avatar
    Join Date
    Oct 2004
    Location
    New Jersey
    Posts
    440
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Dan Grossman View Post
    The article's baloney - design contests are perfectly legal. They're not lotteries, which would be illegal in countries that prohibit unlicensed gambling (like the US). Lotteries are games of chance, whereas design contests are games of skill, and that is the legal differentiator.
    I don't think the guy ever said that design contests are like lotteries. In fact, he even clearly identifies design contests as "tests of skill", quite different than lotteries but also possibly illegal under the typical terms of design contests that we frequently see.

    Not sure if I'm convinced one way or the other about the legality of design contests, but this article certainly does raise some interesting questions.

    Regardless, what difference does it really make? There are so many design contest forums, websites, venues etc., out there that policing them all and applying local state and country laws to them all would be nearly impossible. Would any government agency really want to take on that task? Even if design contests were deemed illegal, I doubt very much that anyone would stop hosting them or participating in them. The only reason I could see any government motivated to intervene would be for income taxes that they are missing out on, but even then I wonder if anyone makes enough each year from contests to meet the minimums for tax filing.

    Without that motivating factor, I would be surprised to see any government action even if design contests were decided to be illegal.

  9. #9
    SitePoint Enthusiast magnus's Avatar
    Join Date
    Jul 2005
    Location
    Georgia
    Posts
    27
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    It hurts the industry, that is the whole ridiculous point. These contests treat designers like crap and they keep lapping it up. (I know, extremely late reply)

  10. #10
    SitePoint Evangelist dev_cw's Avatar
    Join Date
    Dec 2005
    Posts
    454
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Very interesting read, regardless of it's legal validity.

    I agree with the point regarding a winner...a contest infers that there will be a winner. No matter how ridiculous the contest there is always a winner. Imagine if a beauty contest had no winner because none of the contestants was attractive enough. There should always be a winner.

    contest: any race, game, debate, etc. in which individuals or teams compete with one another to determine the winner
    "You can just hang outside in the sun all day tossing a ball around...
    Or you can sit at your computer and do something that matters."
    - Cartman


Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •