Let's just assume for the moment that there is no specific clause that David Koenig make his application in good faith. While it is true, there isn't one, it's a basic tenet of contract law that both parties are entering into such agreements in good faith. If that is not the case, it's nullified. Period. It's one of those things that, if you have to spell it out, it's not worth making the contract.
I've re-read and re-read this whole business, and at no point did David Koenig even ATTEMPT to fulfill the basic requirements set forth for the challenge. That he doesn't even have a "media presence," and that it was allowed forward, suggests incredible tolerance on the part of James Randi, JREF, and all other parties involved.
Having said this, let's go through this, point by point:
I, James Randi, through the JREF, will pay US$1,000,000 [One Million Dollars/US] to any person who can demonstrate any psychic, supernatural or paranormal ability under satisfactory observing conditions. Such demonstration must take place under the following rules and limitations:
Remember: This is a challenge. You are daring to take one million dollars away from James Randi and JREF. There are protocols which must be met before this takes place. James Randi is going to define what those "satisfactory observing conditions" are. You ignore these at your own peril.
1. This is the primary and most important of these rules: Applicant must state clearly in advance, and applicant and JREF will agree upon, what powers and/or abilities will be demonstrated, the limits of the proposed demonstration (so far as time, location and other variables are concerned) and what will constitute both a positive and a negative result.
Out of all the times I've read David's "protocols," I've yet to see where he's shown what qualifies as a "hit" or a "miss." We've got an odd claim as to what he's saying he can do, but not much more.
What qualifies as a "hit," Professor? How would we know?
2. Only an actual performance of the stated nature and scope, within the agreed-upon limits, will be accepted. Anecdotal accounts or records of previous events are not accepted nor considered.
Well, we got a lot of anecdotes. But no information out of it. Smoke and light, but no heat. That's a no-go right there in Rule 2.
3. We will consult competent statisticians when an evaluation of the experimental design, is required. We have no interest in theories nor explanations of how the claimed powers might work; if an applicant provides us with such material, it will be ignored and discarded.
So all the song and dance about the "incantations" DK/TP would be making as part of the Challenge weren't even going to be considered. This was stated at the outset, that if it were offered, it would be ignored. Professor, did you even READ the rules before you contacted JREF? Right there, you've shown yourself to be operating in bad faith, which would NULLIFY your application for the Challenge!
4. Applicant agrees that all data (photographic, recorded, written, etc.) gathered as a result of the setup, the protocol, and the actual testing, may be used freely by the JREF.
Pretty self-explanatory. JREF is going to monitor the whole thing, and all
evidence they gather will be utilized as they see fit.
5. After an agreement is reached on the protocol, no part of the testing procedure may be changed in any way without the further agreement – in writing – of all parties concerned. JR may or may not be present at some preliminary or some formal tests, but he will not interact with the materials used, nor with the protocol, unless specifically requested to do so by the applicant.
You can't change the rules once you've agreed to them. If you need to change something, it's got to be agreed to in writing, in advance of the test. In other words, it will be treated as a whole new challenge.
Further, James Randi has just said it here: Unless you have made it VERY clear that you want him involved, Mr. Randi will not be handling your specific challenge unless he deems it necessary. It will be handled by JREF staffers, which includes Jeff Wagg, Linda, and others. He's not even going to show up for the initial tests, only for the final demonstration.
6. In all cases, applicant will be required to perform a preliminary test either before an appointed representative, if distance and time dictate that need, or in a location where a member or representative of the JREF staff can attend. This preliminary test is to determine if the applicant is likely to perform as promised during a formal test, using the agreed-upon protocol. To date, no applicant has passed the preliminary test, and this has eliminated the need for formal testing in those cases. There is no limit on the number of times an applicant may re-apply, but re-application can take place only after 12 months have elapsed since the completion of the preliminary test.
"In all cases..." That would include
you, Professor. You have to show a JREF staffer that not only are you willing to provide a demonstration, but you have the ability. You have no limit to the number of times you can make an attempt, but the kicker here is that you have to wait 12 months between tests.
Oh, but there's this warning which goes with the whole business...
"To date, no applicant has passed the preliminary test, and this has eliminated the need for formal testing in those cases."
"No applicant." So far, that includes you. For that matter, you have yet to even make it to the preliminary test,
since you have yet to propose an acceptable protocol. I'm not even a magician, and I can come up with one. Considering the names you've been throwing around, Professor, why couldn't you?
7. All of the applicant's expenses such as transportation, accommodation, materials, assistants, and/or all other costs for any persons or procedures incurred in pursuit of the reward, are the sole responsibility of the applicant. Neither the JREF nor JR will bear any of the costs.
Well, you got
this part right. I've yet to see where you've asked anyone else to bear your costs.
8. When entering into this challenge, as far as this may be done by established legal statutes, the applicant surrenders any and all rights to legal action against Mr. Randi, and/or against any persons peripherally involved, and/or against the James Randi Educational Foundation. This applies to injury, and/or accident, and/or any other damage of a physical and/or emotional nature, and/or financial and/or professional loss, and/or damage of any kind. However, this rule in no way affects the awarding of the prize, once it is properly won in accord with the protocol.
In short, when you decide to make your challenge for the million, you forfeit the right to sue. If you get hurt in any way because of your challenge, it's your own fault.
9. At the formal test, in advance, an independent person will be placed in charge of a personal check from James Randi for US$10,000. In the event that the claimant is successful under the agreed-upon terms and conditions, that check shall be immediately surrendered to the claimant, and within ten days the James Randi Educational Foundation will pay to the claimant the remainder of the reward, for a total of US$1,000,000. One million dollars in negotiable bonds is held by an investment firm in New York, in the "James Randi Educational Foundation Prize Account" as surety for the prize funds. Validation of this account and its current status may be obtained by contacting the Foundation by telephone, fax, or e-mail.
Okay, so first, there's a check for $10,000, held by a responsible person who is not connected to either you or JREF. If you pass the challenge, you get the check. You can deposit that directly into your bank account. After that, (if you'd even read the FAQ, you would know this), a reputable Wall Street firm will then present to the claimant, (that is, the person who passed the challenge), bearer bonds which would bring the total amount of money won to $1,000,000, US funds.
At the same time, if you had ANY question as to whether or not James Randi has the money, all you had to do was contact JREF, by phone, fax, e-mail, carrier pigeon, semaphore... James Randi has the money. Again, if you'd read the FAQ, you'd realize that if he didn't, if the money had been misused, or was no longer in JREF's control, he'd not only be in trouble with the IRS, but the SEC, local authorities, and a lot of people who have supported him over the years. He'd have been sent to jail. Considering the number of high profile fraud cases prosecuted by US attorneys over the past few decades, I think if James Randi had violated people's trust in that manner, he'd have been there sooner rather than later.
Sorry: Claiming he doesn't have the money is a no-go, and demonstrates bad faith, especially when Mr. Randi has made it so painfully easy to find out if he has the money at all.
10. Copies of this form are available free of charge to any qualified person who requests it, or it can be downloaded from the Internet, at
http://www.randi.org/research/Challenge_Application.pdf.
That's how I got it. I can also find the FAQ very easily. Same place as I found the rules for the Challenge.
11. This offer is made by James Randi through the JREF, on the behalf of no other person, agency or organization. Although others may become involved in the examination of claims and may add their reward money to the total in certain circumstances, James Randi (via the JREF) will carry out the implementation and management of the challenge. JREF will not entertain any demand that the prize money be deposited in escrow, displayed in cash, or otherwise produced in advance of the test being performed.
Pretty self-explanatory. You're going up against James Randi and JREF. No one else. Others might choose to involve themselves, but that's their choice, not JREF's.
James Randi made the rules. Not Jeff Wagg. Jeff works for James Randi, and does not deserve your continued abuse.
And, no. There will not be any preconditions set on what happens with the money prior to your winning it, assuming you can. Win it first. Then if you want to play games with it, knock yourself out. At that point, it's yours to do with as you see fit.
12. This offer is not open to any and all persons. Before being considered as an applicant, the person applying must satisfy two conditions: First, he/she must have a “media presence,” which means having been published, written about, or known to the media in regard to his/her claimed abilities or powers. This can be established by producing articles, videos, books, or other published material that specifically addresses the person’s abilities. Second, he/she must produce at least one signed document from an academic who has witnessed the powers or abilities of the person, and will validate that these powers or abilities have been verified.
A.) Until you started spewing your drivel here, I'd never heard of you. And I'm something of a media junkie.
B.) I'll admit to not being in the loop for over 99% of this. But so far, I've seen no evidence that you're presented one signed document from an academic which claims to have seen you pull this off.
Fail.
13. An applicant can be from or in any part of the world, and gender, age, race, and educational background are not factors for acceptance.
Do you have a pulse? Hey, you can apply!
14. This prize will continue to be offered until it is awarded or it expires (on March 6, 2010).
Better hurry.
15. EVERY APPLICANT MUST AGREE UPON WHAT WILL CONSTITUTE A CONCLUSION THAT, ON THE OCCASION OF THE PRELIMINARY OR THE FORMAL TEST, HE OR SHE DID OR DID NOT DEMONSTRATE THE CLAIMED ABILITY OR POWER.
I have yet to see any evidence that you have even attempted to fulfill this part of the challenge. Precisely, David, what is it that a layman like myself would consider a "hit"? If any of the spirits you claim you could communicate with could have been recorded in the manner you claim was possible, what would we consider a successful conclusion to the Challenge? One of them reciting the Gettysburg Address? Perhaps a recitation from Plutarch? If we don't know what constitutes a successful demonstration, what's the point?
(And, as you have been told repeatedly: It must be SELF-EVIDENT. A Layman like me must be able to agree that it's a "hit".)
16. This notarized form must be accompanied by a brief, two-paragraph description of what will constitute the demonstration. Upon a protocol being developed, that description may be extended.
Two paragraphs. Not TWO PAGES! A brief description of the demonstration! That was all that was required for the initial contact!
THEN, after you've developed the protocol, you can go into the... Oh... Wait...
PLEASE: Do not burden us with theories, philosophical observations, previous examples, anecdotal evidence or other comments! We are only interested in an actual demonstration.
Oh, darn. This means you've got to stick to business.
NOTE: No special rules, exceptions, conditions, standards, or favors will be granted without the mutual agreement of all those concerned – in advance. Any applicant who refuses to agree to meet the rules as outlined here, will not be considered to have ever been an applicant. Only complete agreement with these rules will allow the "applicant" to become a "claimant." Applicant, by signing, notarizing and submitting this form, signifies agreement with all of the above rules. Be advised that you should conduct proper and secure tests of your own to determine whether your abilities or claims are actually valid.
At this juncture, you're not even an "applicant." If you haven't completely agreed to the rules, and followed through, you will not make it to that lofty status of "claimant." Considering there's been no evidence of mutual agreement to bend or change the rules for you, Professor, and you've shown you have no interest in making a bona fide claim.
Fail.
This application will be signed by JR and returned to the applicant by mail after a test protocol has been mutually agreed upon, and a test date and location have been determined.
No test protocol has been agreed upon, because an acceptable protocol has yet to be submitted.
Fail.
IMPORTANT: Only claims that can be verified by evidence under proper observing conditions will be accepted. Also, JREF will NOT accept claims of the existence of deities or demons/angels, the validity of exorcism, religious claims, cloudbusting, causing the Sun to rise or the stars to move, etc. JREF will also NOT test claims that are likely to cause injury of any sort, such as those involving the withholding of air, food or water, or the use of illicit materials, drugs, or dangerous devices.
In other words, you may not cause injury to yourself or others. You may not claim evidence of God(s), spirits, moving constellations within the heavens.
And again, you must provide evidence of what you claim you can do, and it must be observable. Self-evident. It may not say that explicitly in the rules, but even to a mutt trucker like me, it's pretty obvious.
This is an Epic Fail.
You came into this, David, with no intention of good faith. That, right there, invalidates any and all application you might have made. You've shown you have no real intent to try and take (and pass) the Challenge. Your continued spamming of the board shows there's no reason for anyone here to take you seriously. You have made yourself out to be a liar, and this whole business a waste of time for James Randi, JREF, and all other concerned parties. And with the whole of your application and your contact with JREF being made public, an honest observer would have to conclude that you're not acting in good faith.
Central to contract law is this whole notion of Good Faith. No good faith, no contract. No challenge. No million.
Fail.
