Pro7, we've all seen many claims on this board, in various places, that the MDC is unwinnable. You seem to be making this claim.
Could you please specify what leads you to make that claim? You mention that you have a problem with the "mutually agreed-upon protocol". What, in particular, is problematic about it?
Do please check out the Achau Ngyen thread over in the Challenge Apps forum. It's an example of an applicant who actually got to the testing phase. Most tests do fail to get past the protocol negotiation (many fail to even get to that point because the appplicant can't describe his/her ability) -- in other words, JREF and the applicants can't agree on a protocol.
But if you are meaning to imply that JREF and any potential applicant can NEVER agree on a protocol because JREF makes it impossible, please provide me with some specific examples (despite the three mentioned which, in fact, made it past that stage). I have read every thread in the Challenge Apps forum and in no way have I ever gotten the impression that JREF has made protocol design impossible for an applicant. In EVERY case, the applicant simply didn't understand what a properly-controlled, double-blinded test WAS.
So if you can provide some actual, concrete examples of applications that were deliberately torpedoed by JREF in violation of the rules of the Challenge, it would surely help me understand your claim.