Sally, (01)
I just wanted to make sure my email message got through. I'd
appreciate it if you'd let me know that you received this message. (02)
At 11:49 AM 1/9/2006, Philip Gust wrote:
>Sally,
>
>Could you follow up with Kathy to see if she can send this letter in
>January? Have you made contact with Kevin Purell at BT yet? If
>not, would you like to make the initial contact, attorney to
>attorney, to get the ball rolling?
>
>
>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
>> > > >>> >--------------------------------------------------------
>> > > >>> >
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>> > >
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>>
>> > > >>> >the
>> > >
>> > > >>> >Internal Revenue Code or (ii) promoting, marketing, or
>> > > >>> >recommending
>> > >
>> > > >>> >to another party any transaction or matter addressed herein.
>> > > >>> >--------------------------------------------------------
>> > > >>> >
>> > > >>> >ATTENTION:
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>> > > >>> >If you have received this message in error, please immediately
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>> > > >>> >(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
>> > > >>>--------------------------------------------------------
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>> > >
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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
>> > > >
>> > > >
>> > > >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.
>> > >--------------------------------------------------------
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>>
>> > >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
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>> >promoting, marketing, or recommending to another party any transaction
>> >or matter addressed herein.
>> >--------------------------------------------------------
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>> >
>> >If you have received this message in error, please immediately notify
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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
>>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 (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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