nls-legal
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Re: [nls-legal] [Philip Gust <gust@NouveauSystems.com>: Re: vint cerf]

To: "Vint Cerf" <vint@google.com>
Cc: Ken Harrenstien <klh@panix.com>, NLS Restoration Legal Discussion <nls-legal@chm.cim3.net>
From: Philip Gust <gust@acm.org>
Date: Thu, 16 Mar 2006 07:58:26 -0800
Message-id: <7.0.0.16.2.20060316074247.04eed880@NouveauSystems.com>
Vint,    (01)

Here's some background information. We've definitely traced the 
ownership of NLS/Augment from SRI through Tymshare/Tymnet to 
McDonnell Douglas. We have evidence that ownership transferred to 
British Telecommunications: two trademarks for Augment (73256814, and 
73647182) transferred to BT on 11/20/1989, prior to Boeing's 
acquisition of McDonnell Douglas.  We also have evidence that BT 
transferred ownersihp to MCI: one of the trademarks (73256814) 
transferred from BT to MCI on 7/25/1995.    (02)

Based on this, BT issued the following statement:    (03)

"BT believes that any intellectual property rights it held in the NLS 
/ Augment technology passed with other assets to MCI in the 
1990s.  However, with respect to any such IPR's retained by BT then 
so far as BT is concerned, it has no issue with the Computer History 
Museum using the NLS / Augment copyrights in a not-for-profit 
capacity for the benefit of the general public.  BT however makes no 
representation or warranty as to its actually retaining any such 
IPRs; the Computer History Museum's reliance on this letter; or the 
Computer History Museum's use of NLS / Augment."    (04)


Here is the statement we're discussing with Boeing:    (05)

"Boeing believes that ownership of of NLS/Augment passed with other 
assets formerly from McDonnell Douglas to British Telecommunications 
PLC in late 1989, prior to Boeing's acquisition of McDonnell Douglas. 
As far as Boeing is concerned, we have no issue with the Computer 
History Museum using such NLS/Augment copyrights in a not-for-profit 
capacity for the benefit of the general public.  Boeing makes no 
representation or warranty as to such use."    (06)

Hopefully the MCI legal group will be able to provide a similar kind 
of statement based on the evidence we've accumulated and the action 
BT and expected action by Boeing.  If you need any further 
information, please let me know.    (07)

Best regards,    (08)

At 06:59 AM 3/16/2006, you wrote:
>I am working with the head of engineering/operations, Fred Briggs, at
>Verizon to try to get their legal department to sign off on your use of this
>software. I honestly doubt that MCI ever had rights to the software in which
>case the lawyers may balk at appearing to grant rights they never had - but
>they might be willing to say they have no objections.
>
>Vint
>
>
>
>Vinton G Cerf
>Chief Internet Evangelist
>Google/Regus
>Suite 384
>13800 Coppermine Road
>Herndon, VA 20171
>
>+1 703 234-1823
>+1 703-234-5822 (f)
>
>vint@google.com
>www.google.com
>
>
>-----Original Message-----
>From: Philip Gust [mailto:gust@acm.org]
>Sent: Thursday, March 16, 2006 9:09 AM
>To: Vint Cerf; 'Ken Harrenstien'
>Cc: NLS Restoration Legal Discussion
>Subject: RE: [Philip Gust <gust@NouveauSystems.com>: Re: vint cerf]
>
>Vint,
>
>We have the software from Doug Engelbart. We'd like to make all of the
>copyrighted Augment/NLS material available through CHM for non-commercial
>use.
>
>We already have a letter in hand from BT.  It says, that they have no record
>of holding any intellectual property including copyright, but that they have
>no objection for their part to CHM releasing any copyrighted NLS/Augment
>material for non-commercial use.  We're also working with Scott Griffin,
>Boeing's CIO to get a similar letter.  If we have letters from all parties
>along the chain of ownership, the CHM legal committee will be comfortable
>assuming the risk of authorizing the release.
>
>Thanks for your help with this, Vint.
>
>At 03:57 AM 3/16/2006, Vint Cerf wrote:
> >Phil,
> >
> >I asked Verizon to look into this and they claim (and MCI also) that
> >they show no record of holding any intellectual property rights in NLS.
> >Do you actually have access to the software and just want assurances
> >that you can use it or are you trying to get the software in addition
> >to permission to use it?
> >
> >
> >Vinton G Cerf
> >Chief Internet Evangelist
> >Google/Regus
> >Suite 384
> >13800 Coppermine Road
> >Herndon, VA 20171
> >
> >+1 703 234-1823
> >+1 703-234-5822 (f)
> >
> >vint@google.com
> >www.google.com
> >
> >
> >-----Original Message-----
> >From: Ken Harrenstien [mailto:klh@panix.com]
> >Sent: Thursday, March 16, 2006 2:06 AM
> >To: vint@google.com
> >Cc: gust@NouveauSystems.com; klh@panix.com
> >Subject: [Philip Gust <gust@NouveauSystems.com>: Re: vint cerf]
> >
> >No need for me to be in the middle except as a very interested onlooker.
> >Have at it.
> >
> >--Ken
> >
> >Date: Wed, 15 Mar 2006 11:50:44 -0800
> >To: Ken Harrenstien <klh@panix.com>
> >From: Philip Gust <gust@NouveauSystems.com>
> >Subject: Re: vint cerf
> >Cc: NLS Restoration Legal Discussion <nls-legal@chm.cim3.net>
> >
> >Ken,
> >
> >I was hoping to make contact with Vint to discuss specific steps that
> >he might do to help us navigate the waters at MCI/Verizon.  Could you
> >ask him whether he'd be open to my contacting him directly on this, and
> >the best way to reach him?
> >
> >At 12:48 AM 1/26/2006, Ken Harrenstien wrote:
> > >You each just pinged me about this.  Trying both barrels, huh?
> > >
> > > > Phil Gust and I have been trying to find a contact in the legal
> > > > department of MCI so that we can continue trying to obtain
> > > > approval to use and/or transfer of rights for the CHM for the
>software.
> > > > However, we have not been able to get any contacts as yet.
> > >
> > > > Would you be willing to approach Vint and see if he could help out
> > > > the CHM in this endeavor?
> > >
> > >Certainly -- we chatted just a couple weeks ago.  I'll forward your
> > >notes, and add a little context.  He's pretty busy as you can imagine
> > >but I'm sure he will do what he can.
> > >
> > >--Ken
> >
> >
> >Philip Gust
> >Nouveau Systems, Inc.
> >3120 De La Cruz Blvd., Suite 120
> >Santa Clara, CA 95054
> >
> >phone: +1 650 961-7992
> >fax:   +1 520 843-7217
>
>
>Philip Gust
>(650) 961-7992 (daytime)
>(650) 367-7763 (evening)
>gust@acm.org    (09)


Philip Gust
(650) 961-7992 (daytime)
(650) 367-7763 (evening)
gust@acm.org     (010)



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