Sally, (01)
I following up to see if you were able to talk with Kathy and have
her send the letter. It would make a wonderful Christmas present for
the Museum and the NLS group! (02)
At 08:20 AM 12/1/2005, Sally Abel wrote:
>Will do Philip. The licensing guy at BT likely won't be the right
>guy, but he definitely should know who is.
>
>________________________________
>
>From: Philip Gust [mailto:gust@NouveauSystems.com]
>Sent: Thu 12/1/2005 7:07 AM
>To: Sally Abel; Sally Abel
>Cc: toole@computerhistory.org; nls-legal@chm.cim3.net
>Subject: RE: Augment
>
>
>
>Sally,
>
>That's great news! Thanks for following up on this. I agree that
>with this letter Boeing is covered. I'd appreciate it if you or John
>could arrange for me to receive a copy of the letter so that I can
>add it to the project records.
>
>When you speak with Kathy, could you ask her who the person at Boeing
>she spoke with was that told her Boeing had transferred its interest
>in Augment to BT? It would be good to have this information for the
>project record, and in case some question comes up later in creating
>a chronology. That way we won't have to bug Kathy again about it.
>
>As I mentioned in a post to the nls-legal list, I have located the
>person responsible for technology licensing at BT and plan on
>contacting him today. I will also ask him to recommend a contact
>within BT legal who we can work with.
>
>
>At 06:54 PM 11/30/2005, Sally Abel wrote:
> >Phil:
> >
> >I just connected with Kathy who said that she would be willing to send a
> >letter on behalf of Boeing indicating that it has no ongoing rights in
> >any of the intellectual property associated with the Augment program and
> >will not take any action against the museum in connection with the
> >museum's dissemination or use of Augment. She is going to check with
> >her patent guys to confirm she can say that but doesn't see a problem.
> >That is all we need to eliminate Boeing as a potential problem.
> >
> >Unless I hear from someone otherwise tomorrow, I will send her an email
> >having her direct the letter to John T. as Ex Director of the Museum.
> >
> >On BT: I should have a contact name in the legal dept. this week.
> >
> >Sally
> >
> >-----Original Message-----
> >From: Sally Abel
> >Sent: Wednesday, November 30, 2005 2:48 PM
> >To: 'Philip Gust'
> >Cc: 'toole@computerhistory.org'; 'nls-legal@chm.cim3.net'
> >Subject: RE: Augment
> >
> >Hi Phil:
> >
> >I have a call in to her. I will try her again today.
> >
> >Sally
> >
> >-----Original Message-----
> >From: Philip Gust [mailto:gust@NouveauSystems.com]
> >Sent: Wednesday, November 30, 2005 2:17 PM
> >To: Sally Abel
> >Cc: toole@computerhistory.org; nls-legal@chm.cim3.net
> >Subject: RE: Augment
> >Importance: High
> >
> >Sally,
> >
> >I was just checking back again to see if you have any information about
> >recontacting Kathy Gallagher.
> >
> >At 09:07 AM 11/23/2005, Philip Gust wrote:
> > >Sally,
> > >
> > >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.
> > >
> > >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
> > >>> >--------------------------------------------------------
> > >>> >
> > >>> >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
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> > >>> >
> > >>> >If you have received this message in error, please immediately
> > >>> >notify the sender and/or Fenwick & West LLP by telephone at (650)
> > >>> >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
> > >>>--------------------------------------------------------
> > >>>
> > >>>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 strictly
> > >>>prohibited.
> > >>>
> > >>>If you have received this message in error, please immediately notify
> >
> > >>>the sender and/or Fenwick & West LLP by telephone at (650) 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
> > >
> > >
> > >Philip Gust
> > >Nouveau Systems, Inc.
> > >
> > >phone: +1 650 961-7992
> > >fax: +1 520 843-7217
> > >
> > >
> > >mailto: gust@NouveauSystems.com
> >
> >
> >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
> >strictly prohibited.
> >
> >If you have received this message in error, please immediately
> >notify the sender and/or Fenwick & West LLP by telephone at (650)
> >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
>--------------------------------------------------------
>
>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
>strictly prohibited.
>
>If you have received this message in error, please immediately
>notify the sender and/or Fenwick & West LLP by telephone at (650)
>988-8500 and delete or destroy any copy of this message. (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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