Looks like we've struck out again with Kathy Gallagher and her boss at Boeing. (01)
Kathy is apparently really overworked due to staffing shortages, so I
sent her two options for wording, with the idea that this is probably
our last chance with her. One was originally suggested by Sally, and
the other I wrote based on Kathy's most recent feedback from her
manager. As you can see, they seem to have stopped cooperating
altogether, even with a simple recitation of know facts. (02)
At this point, I think we've done as much as we can, and will put
Sally's and my notes on previous conversations with Kathy into the
record to show we've made our best efforts. I think we can pretty
well establish that: (03)
o According to Kathy Gallagher, Boeing appears to have no records of
Augment from its pre McDonnell Douglas acquisition on July 25, 1997. (04)
o Kathy Gallagher said that she spoke with someone who recalls
Augment being transferred to a division of British Telecom, (05)
o 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 (06)
o Although we cannot prove the software was transferred to BT, the
fact that the McDonnell Douglas transferred the trademarks strongly
indicates that is the case. (07)
Lets move on and focus on getting the letter BT promised to send, and
following up with MCI/Verizon, where we believe the copyrights and
other IP likely reside. (08)
>Subject: RE: Letter confirming Boeing has no ownership of Augment
>Date: Fri, 17 Feb 2006 10:41:23 -0800
>X-MS-Has-Attach:
>X-MS-TNEF-Correlator:
>Thread-Topic: Letter confirming Boeing has no ownership of Augment
>thread-index: AcYzSRGWePdlgT4FSqWwC6tsi60haQAqJsCg
>From: "Gallagher, Kathleen J" <kathleen.j.gallagher@boeing.com>
>To: "Philip Gust" <gust@NouveauSystems.com>
>X-OriginalArrivalTime: 17 Feb 2006 18:41:23.0920 (UTC)
>FILETIME=[C0AAED00:01C633F1]
>X-MIME-Autoconverted: from quoted-printable to 8bit by
>nouveausystems.com id k1HIfRG3008274
>
>Unfortunately, the answer doesn't change with the proposed language
>below
>
>Kathy
>
>-----Original Message-----
>From: Philip Gust [mailto:gust@NouveauSystems.com]
>Sent: Thursday, February 16, 2006 2:30 PM
>To: Gallagher, Kathleen J
>Subject: RE: Letter confirming Boeing has no ownership of Augment
>Importance: High
>
>Kathleen,
>
>Thanks for running this by your manager. I'm sorry that your manager
>wasn't able to approve the proposed wording. I think I understand the
>issue on this. Would you be willing to try one more time? I know that
>you're extremely busy and don't want ask you to do this repeatedly.
>Would your manager be willing to approve either of the following?
>Either one would be much better from our standpoint than having no
>written statement at all.
>
>1. This is an earlier version of what you and Sally Abel discussed, and
>that she indicated you thought could be approved:
>
>"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
>Computer History Museum in connection with any rights associated with
>or interests in Augment."
>
>2. This is another version based on the most recent feedback from your
>manager:
>
>"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 as to 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."
>
>If your manager is willing to approve either of these, I'd appreciate it
>if you could send a note to John Tool with whichever statement your
>manager chooses.
>
>Thanks in advance for your help on this, and have a great President's
>Day weekend.
>
>At 10:59 AM 2/15/2006, you wrote:
> >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 information. If you are not the intended recipient, or if
>
> >you believe 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
>
>
>Philip Gust
>Nouveau Systems, Inc.
>
>phone: +1 650 961-7992
>fax: +1 520 843-7217
>
>
>mailto: gust@NouveauSystems.com (09)
Philip Gust
Nouveau Systems, Inc. (010)
phone: +1 650 961-7992
fax: +1 520 843-7217 (011)
mailto: gust@NouveauSystems.com (012)
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