Sally, (01)
Sorry for the delay in responding. I'd be happy to do it, unless you
think that an attorney-to-attorney communication would be more
effective. Let me know. (02)
Johathan Cheyer got a lead through a friend of his brother, Adam, who
works at SRI. The person he's in communication with is: (03)
Simon Garrett
IPR Commercialisation Manager
tel: +44 (0) 1473 645 731
mobile: +44 (0) 7802 871 084 (04)
According to some mail I saw on the nls-legal group, Simon has
contacted someone in the U.S. operation, but I haven't heard back on
this for a week or two about any progress. I just wanted you to be
aware of the contact, though, in case you want to reference it in
your communications. (05)
BTW, would you like me to add you to the CHM nls-legal email list so
that you can stay in the loop and look at logged communications for
the list? I believe that John Toole subscribed but I don't remember
whether you're also on the list. (06)
At 10:03 AM 12/14/2005, Sally Abel wrote:
>Hi Phil:
>I sent her the contact info but have not yet heard back from her. Spoke
>with John Toole yesterday and he had not received the letter. I will
>follow-up with her this week.
>I also just got a contact name in BT's legal dept: Kevin.purell@bt.com.
>I likely cannot contact him until next week. Do you want to go ahead
>and give it a try? He may not be the right person, but likely will know
>who is.
>
>Sally
>
>-----Original Message-----
>From: Philip Gust [mailto:gust@NouveauSystems.com]
>Sent: Wednesday, December 14, 2005 5:42 AM
>To: Sally Abel
>Cc: toole@computerhistory.org; nls-legal@chm.cim3.net
>Subject: RE: Augment
>
>Sally,
>
>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!
>
>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
> > > >>MEMORANDUM>> 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 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.
> > > >>
> > > >>
> > > >>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.
>
>
>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. (07)
Philip Gust
Nouveau Systems, Inc. (08)
phone: +1 650 961-7992
fax: +1 520 843-7217 (09)
mailto: gust@NouveauSystems.com (010)
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