Netflix Prize: Forum

Some teams have indicated the desire to incorporate work that was produced by someone other than their registered team members. This post intends to highlight some considerations of such a path.

The Rules describe the requirements for eligibility for participation in the Prize and eligibility to receive a Prize award. Among other requirements, Participants must possess all rights to the algorithm to allow them to license it to Netflix.  A non-exhaustive list of excerpts from the Rules that may have bearing on this is included below. Provided that participants can comply with the Rules, including those listed below, then they remain eligible.

"one person must be designated as the team leader and will be solely responsible for receiving communications from and communicating with Netflix."

"An eligible algorithm must be originally developed or implemented (e.g., must not violate or infringe on any applicable law or regulation or third-party rights); must be written in English; and must not require any third-party software or licenses, payment on the part of Netflix, or otherwise prevent Netflix from exercising the rights granted hereunder."

"In order for Netflix to verify the submitted algorithm, each Participant will be required to grant to Netflix (including its affiliates and subsidiaries, employees, agents, and contractors), and any testing partners, an irrevocable, royalty free, fully paid up, worldwide non-exclusive license under the Participants’ copyrights, patents or other intellectual property rights to use, review, assess, test and otherwise analyze the submissions (prediction sets, algorithm descriptions, and source code) and all their content in connection with this Contest. In addition, Participants waive on an irrevocable basis all moral rights in the submissions and all their content. Netflix shall be free to use for any purpose in any and all media now known or hereinafter developed in any territory in perpetuity the residuals resulting from access to or work with Participants’ Applications. The term "residuals" means information in intangible form, which is retained in memory by persons who have had access to the submissions, including ideas, concepts, know-how, or techniques contained therein. Netflix shall not have any obligation to limit or restrict the assignment of such persons or to pay royalties for any work resulting from the use of residuals."

"After qualifying for either the Grand or Progress Prize and being verified by the Contest judges, as a condition to receiving either Prize, the winning individual and/or team must grant to Netflix (including its affiliates and subsidiaries, employees, agents, and contractors), an irrevocable, royalty free, fully paid up, worldwide non-exclusive license under the Participants’ copyrights, patents or other intellectual property rights in the winning algorithm ("Winning Algorithm") to reproduce, distribute, display, and create derivative works from the Winning Algorithm and also to make, have made, use, sell, offer for sale, and import products that would otherwise infringe the Winning Algorithm. Except as encompassed in the concept of "have made", this license will not include the right to grant further licenses or sublicenses."

"As a condition of winning the Contest and receipt and acceptance of a Contest Prize, a Participant will be required to complete, sign and return a non-exclusive grant of license to Netflix, an Affidavit of Eligibility and Liability Release and where lawful, a Publicity and Submission Release and License ("Publicity Release"), within two (2) weeks of the start of verification"