Sally, (01)
I wanted to check back with you to see if you were able to reach
Kathy Gallagher, and to find out whether she would be willing to send
us a memorandum like the one I suggested. I'll be in the office
today until mid-afternoon in case you need to reach me. (02)
At 09:30 AM 11/18/2005, Philip Gust wrote:
>Sally,
>
>Let me suggest that you ask Kathy Gallagher to put into a memorandum
>what she has stated to you for our records, namely that:
>
>1. In her opinion Boeing assigned all its rights in Augment to BT
>2. Boeing transferred its trademark Augment trademark to BT
>3. Although the deal documents appear to be lost a someone in the
>company who was involved with the sale to BT has told her the rights
>were transferred to BT. <<ASK HER TO INCLUDE THAT PERSON'S NAME AND
>POSITION IN THIS MEMORANDUM>>
>4. Boeing disclaims any interest in Augment trademarks, copyrights, or patents
>5. Boeing has no intent of pursing legal action as a result any
>dissemination or use of Augment
>
>I think that if we act relying on such a memorandum, we'll be well
>enough covered. And as a practical matter, it's the best we're
>likely to get.
>
>Please let me know if you agree with this course of action, and if
>so please ask Kathy for such a memorandum. If you think it would
>make things easier, perhaps we could draft the memorandum (once we
>have the missing name of the person Kathy talked with) and simply
>get her to approve and sign it.
>
>Best regards,
>
>At 04:28 PM 11/17/2005, Sally Abel wrote:
>>Phil and John:
>>
>>Just had a long talk with Kathy Gallagher, the in-house lawyer at
>>Boeing. She adamantly refuses to have Boeing execute a quit claim as to
>>either the copyright or the trademarks because she is convinced that
>>Boeing assigned all of those rights to BT (who may have since assigned
>>the rights to Sprint). She bases her understanding on the fact that,
>>though the deal documents appear to be lost, she did see a trademark
>>assignment from Boeing to BT, and there is someone in the company who
>>was involved in the sale to BT who says all rights transferred to BT.
>>Kathy indicated that she would be willing to sign a quit claim if the
>>company thought it might have residual rights but since it does not
>>believe it has any rights, she believes it would be bad faith on
>>Boeing's part to sign anything, despite my suggestion that the quit
>>claim be worded as "we don't think we own anything, but if we do we
>>assign whatever it is to you". She made the point that Boeing has no
>>intent of ever coming after the Museum for using the software/marks.
>>
>>So at this point it looks like we need to pursue the BT connection. I
>>will try to find out who is currently in-house trademark counsel there
>>(that person might also be responsible for copyrights, or would know who
>>is). I took a quick look at the US and EC trademark registries and did
>>not see any current trademark registrations for AUGMENT. If we really
>>are concerned about the trademark side, we might think about filing our
>>own application in the EC, where rights are based on first to file (as
>>opposed to first to use), but per Phil's mail below apparently we truly
>>only care about the copyright issue going forward (this was news to me).
>>
>>Finally, I have marked up the draft quit claim to include both a
>>copyright and a trademark assignment should we ultimately find the right
>>party.....
>>
>>Sally
>>
>>-----Original Message-----
>>From: Philip Gust [mailto:gust@NouveauSystems.com]
>>Sent: Thursday, November 17, 2005 3:10 PM
>>To: Sally Abel
>>Cc: toole@computerhistory.org; nls-legal@chm.cim3.net
>>Subject: RE: Augment
>>
>>Sally,
>>
>>The issues isn't trademarks. We've pretty well put that one to bed by
>>establishing that all trademarks are dead. The issue is copyrights to
>>Augment. Your recommendation on getting both Boeing and BT to quitclaim
>>any interest in those copyrights to CHM seems like the right way to go.
>>I spoke with John Toole about this yesterday evening, and we both agree
>>we can't make our Augment work available to the community until we've
>>completed this process. The technical group has made fantastic
>>progress, to the point that this legal issues will be a bottleneck
>>fairly soon.
>>
>>
>>At 02:32 PM 11/17/2005, Sally Abel wrote:
>> >Dear Phil:
>> >
>> >Thanks for the below, and apologies for the radio silence. I was out
>> >of state all last week and have been digging out ever since. I left
>> >you what likely was a cryptic message last night, when I was able to
>> >pick up your message about the Software Project meeting, but likely you
>>
>> >received the message too late for the meeting. What I was trying to
>> >convey was though we do not yet have the assignment in place (and even
>> >may never get it) that doesn't mean that the project cannot move ahead.
>>
>> >We do not need to own the mark in the name of the software in order to
>> >be able to use the software and refer to it by its actual name. This
>> >would be a fair use independent of the question of who owns the mark.
>> >Of course, I am assuming we are not actually going to market software
>> >under the name, but will simply refer to the software in the context of
>>
>> >our museum activities.
>> >
>> >The below is very helpful with regard to BT. I too formerly had a
>> >contact at BT, and can always connect with their current inhouse
>> >trademark lawyer(s) if Scott comes up empty handed. Let me know.
>> >
>> >I am calling Al Poskanzer now, and will let you know when I have
>> >anything further from him. Let's get together and celebrate (or
>> >commiserate) when we have Boeing's buy in.
>> >
>> >Looking forward to getting together,
>> >
>> >Sally
>> >
>> >-----Original Message-----
>> >From: Philip Gust [mailto:gust@NouveauSystems.com]
>> >Sent: Saturday, November 12, 2005 5:43 PM
>> >To: Sally Abel
>> >Cc: nls-legal@chm.cim3.net
>> >Subject:
>> >
>> >Sally,
>> >
>> >I want to follow up with you about approaching Boeing and BT about
>> >executing a quitclaim for Augment copyrights in favor of the Computer
>> >History Museum.
>> >
>> >I spoke with Scott Griffin, Boeing's CIO, on Friday and asked for his
>> >help identifying the right people at BT to approach about this. He
>> >thinks that BT is the most likely current owner of any copyrights. It
>> >turns out that Scott actually knew the person at BT who may have been
>> >involved, but he unfortunately died a few years back, and Scott doesn't
>>
>> >have any other personal contacts he can call on. He said, however,
>> >that he'd see who he can locate and get back to us.
>> >
>> >Scott also mentioned that Al Poskanzer, who you've been dealing with,
>> >works for a peer of Scott's. Scott is a big supporter of this project,
>>
>> >and when I had mentioned the idea of a quitclaim, he thought it was a
>> >sensible approach. Scott he'd brief his peer about the project and
>> >encourage him to have Al work with us to get it done as quickly as
>> >possible.
>> >
>> >So I think the pump is primed to go back to Boeing, and I'll let you
>> >know whether Scott's leads or any others we're pursing go anywhere.
>> >Please let me know how soon you'll be able to restart discussions with
>> >Al, and whether I can do anything to help. If you want to meet some
>> >time to get acquainted, Nouveau System's offices are less than 3
>> >minutes away on Evelyn Avenue, near Highway 85, and I could bounce over
>>
>> >or meet you somewhere in Mt. View.
>> >
>> >By the way, I belong to a CEO group called the CEO Network, and Fenwick
>>
>> >is a sponsor of the group through Fred Greguras. We meet at Fenwick's
>> >Mt. View offices monthly. Small world...
>> >
>> >Best regards,
>> >
>> >
>> >
>> >Philip Gust
>> >Nouveau Systems, Inc.
>> >
>> >phone: +1 650 961-7992
>> >fax: +1 520 843-7217
>> >
>> >
>> >mailto: gust@NouveauSystems.com
>> >--------------------------------------------------------
>> >
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>>
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>>
>>
>>Philip Gust
>>Nouveau Systems, Inc.
>>
>>phone: +1 650 961-7992
>>fax: +1 520 843-7217
>>
>>
>>mailto: gust@NouveauSystems.com
>>--------------------------------------------------------
>>
>>IRS Circular 230 Disclosure: To ensure compliance with
>>requirements imposed by the IRS, we inform you that any U.S.
>>federal tax advice in this communication (including attachments) is
>>not intended or written by Fenwick & West LLP to be used, and
>>cannot be used, for the purpose of (i) avoiding penalties under the
>>Internal Revenue Code or (ii) promoting, marketing, or recommending
>>to another party any transaction or matter addressed herein.
>>--------------------------------------------------------
>>
>>ATTENTION:
>>The information contained in this message may be legally privileged
>>and confidential. It is intended to be read only by the individual
>>or entity to whom it is addressed or by their designee. If the
>>reader of this message is not the intended recipient, you are on
>>notice that any distribution of this message, in any form, is
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>>
>>If you have received this message in error, please immediately
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>>988-8500 and delete or destroy any copy of this message.
>
>
>Philip Gust
>Nouveau Systems, Inc.
>
>phone: +1 650 961-7992
>fax: +1 520 843-7217
>
>
>mailto: gust@NouveauSystems.com (03)
Philip Gust
Nouveau Systems, Inc. (04)
phone: +1 650 961-7992
fax: +1 520 843-7217 (05)
mailto: gust@NouveauSystems.com (06)
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