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[nls-legal] Fwd: RE: Letter confirming Boeing has no ownership of Augmen

To: nls-legal@chm.cim3.net
From: Philip Gust <gust@NouveauSystems.com>
Date: Wed, 15 Feb 2006 15:40:47 -0800
Message-id: <7.0.0.16.2.20060215154029.06279550@NouveauSystems.com>

Date: Wed, 15 Feb 2006 15:39:37 -0800
To: "Sally Abel" <SAbel@fenwick.com>
From: Philip Gust <gust@NouveauSystems.com>
Subject: RE: Letter confirming Boeing has no ownership of Augment

Thanks for thinking this through with me.  I'll give it a go.

I was pretty hopeful about Kathy too, but now I'm almost ready to take a piece of blank letterhead with a signature to move forward.  I suspect we'll end up treating Augment is an orphan work, and do what we can to show a good faith effort.

At 03:14 PM 2/15/2006, you wrote:
Hi Phil:
 
At this point, I doubt we will be able to get anything out of them beyond what she said this morning.  But prior to today, I did believe we would get the below -- she said we would -- but knew she wouldn't go for anything more detailed or expansive.  I would try this, reminding her that when she and I previously spoke she had indicated she was willing to sign a letter that stated the below.
 
Sally


From: Philip Gust [ mailto:gust@NouveauSystems.com]
Sent: Wednesday, February 15, 2006 3:09 PM
To: Sally Abel
Cc: John Toole
Subject: RE: Letter confirming Boeing has no ownership of Augment

Thanks, Sally.  I wasn't sure that was the one you were referring to.  I take it you believe her boss will likely to go along with this version in light of her recent response.  If so, I'll get it off later today.
.
At 01:01 PM 2/15/2006, Sally Abel wrote:
Here is the text of my December 9 email to Ms. Gallagher:
 
Dear Kathleen:
 
Many thanks for your willingness to send a letter to the Computer History Museum (CHM), on Boeing's behalf, indicating that Boeing has no existing or continuing ownership rights or interests in the Augment software, including (but not limited to) any copyright and/or trademark rights in the work, and will not take any action against the CHM in connection with any rights associated with or interests in Augment.
 
Please direct the letter to John Toole, Executive Director of CHM:
 
John Toole
Executive Director
Computer History Musuem
1401 N. Shoreline Blvd.
Mountain View CA 94043  
 
Many thanks, and enjoy the upcoming holidays!
 
Sally


From: Philip Gust [ mailto:gust@NouveauSystems.com]
Sent: Wednesday, February 15, 2006 12:41 PM
To: Sally Abel
Cc: John Toole
Subject: RE: Letter confirming Boeing has no ownership of Augment
Importance: High

Sally,

Sorry if I put too much in and caused her manager to balk. 

I have several email messages with different versions of the statement..  The shortest version was in your 11/30 message after talking with Kathy:

"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."

Her most recent comments suggest that her boss is reluctant to approve a statement that goes beyond documenting the transfer of the trademarks to BT in 1989.  It sounds like they're basically not willing to make a statement regarding copyright to Augment, or whether they'd make a statement on our use of Augment. 

I could try again with the statement above, but we may only have one shot and I'm worried they may not go for that one either at this point.

An alternative would be a statement like the following, which at least documents what they're currently saying.  It would also provide some degree of cover should we decide to make a case that the Augment copyrights have been orphaned ("Report on Orphaned Works, January 2006: http://www.copyright.gov/orphan/orphan-report-full.pdf).

"McDonnell Douglas transferred registered US trademarks 1487229 and 73256814 for AUGMENT to British Telecommunications PLC on 11/20/1989, prior to Boeing's acquisition of McDonnell Douglas.  Boeing has no records on the software itself.  Consequently, Boeing cannot make any claim about its ownership of copyrights or other intellectual property in the software, or take any position regarding the use of Augment by the Computer History Museum."

Let me know what you think as soon as you can.  I'd like to get back to here again today if possible.

At 11:02 AM 2/15/2006, Sally Abel wrote:
Phil:

Try going back to the more limited language she told me she would agree
to.  It is in my email to her confirming what she agreed to provide us
with in our earlier (and only) conversation.

She's doing a 360 on us now.

Sally

-----Original Message-----
From: Gallagher, Kathleen J [ mailto:kathleen.j.gallagher@boeing.com]
Sent: Wednesday, February 15, 2006 10:59 AM
To: Philip Gust
Cc: John Toole; Sally Abel
Subject: RE: Letter confirming Boeing has no ownership of Augment

Philip,

I reviewed your request with my manager.   Unfortunately, I won't be
able to provide you with the statements you've requested. 

We know that the AUGMENT trademark was sold to British
Telecommunications in 1989.   We have no information on the software
itself.

I'm sorry my response could not be more positive.

 
Kathleen J. Gallagher, Esq.
Trademark and Copyright Counsel
The Boeing Company
2201 Seal Beach Blvd.  M/C 110-SB36
Seal Beach, CA 90740

Tel:  562-797-4002
Fax: 562-797-2429
kathleen.j.gallagher@boeing.com

NOTICE:  This communication may contain privileged or other confidential
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that you have received this communication in error, please do not print,
retransmit, disseminate, or otherwise use the information.  Also, please
indicate to the sender that you have received this e-mail in error, and
delete the copy you received.  Thank you.


-----Original Message-----
From: Philip Gust [ mailto:gust@NouveauSystems.com]
Sent: Tuesday, February 14, 2006 12:25 PM
To: Gallagher, Kathleen J
Cc: John Toole; Sally Abel
Subject: Letter confirming Boeing has no ownership of Augment

Kathy,

Thanks so much for taking my call today.  I know how busy you are and
hope this will take only a few minutes.

We'd appreciate your taking a few minutes to send something to the
Computer History Museum confirming that Boeing has no ownership rights
or interests in the Augment software.  This will be a big help to us as
we trace and document the chain of ownership, and make this historically
important system available on a non-commercial basis for historians,
engineers, and computer scientists to study.

If you are able to have someone print the statement at the end of this
message on Boeing letterhead, please address it to

John Toole
Executive Director
Computer History Museum
1401 N. Shoreline Blvd.
Mountain View CA 94043

Otherwise, simply copy and paste this statement into an email to John,
and CC Sally Abel and me.


"As far as we can ascertain, Augment was part of the assets sold to a
division of British Telecom.  We were not able to locate the deal
documents, however I spoke to someone in the company who was involved in
the sale to BT who says all rights transferred to BT. Also, USPTO
records indicate that the registered trademark 1487229 for AUGMENT,
owned by McDonnell Douglas Corporation, was transferred to British
Telecommunications PLC on 11/20/1989.

"Consequently, I believe that Boeing has no existing or continuing
ownership rights or interests in the Augment software system, including,
but not limited to, any copyright and/or trademark rights in the work,
and would not take action against the Computer History Museum in
connection with any rights associated with or interests in Augment.
Boeing makes no representation or warranty as to the facts of this
matter, or any such use that the Computer History Museum many of
Augment."


Thanks again, and I hope your department gets some additional resources
very soon.

  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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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


Philip Gust
Nouveau Systems, Inc.

phone: +1 650 961-7992
fax:   +1 520 843-7217


mailto: gust@NouveauSystems.com


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