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

To: "Vint Cerf" <vint@google.com>, "'Philip Gust'" <gust@acm.org>
Cc: 'Ken Harrenstien' <klh@panix.com>, 'NLS Restoration Legal Discussion' <nls-legal@chm.cim3.net>
From: Philip Gust <gust@NouveauSystems.com>
Date: Fri, 17 Mar 2006 11:08:36 -0800
Message-id: <7.0.0.16.2.20060317110355.124a5a80@NouveauSystems.com>
Vint,    (01)

Thanks again for your help.  We just had some great news: Scott 
Griffin, Boeing's CIO just had their VP for Intellectual Property 
issue a letter along the lines we were looking for. We have also 
asked Kurt Carlson at SRI for something similar and expect to get 
that fairly soon, too.  Once we have all of these in place, we'll be 
in a good legal position to justify releasing NLS/Augment, hopefully 
in the time frame of SRI's 60th anniversary in October.  After 
working for over a year on legal issues, you can imagine how great it 
feels to have things start coming together.    (02)

Best regards,    (03)

At 10:19 AM 3/16/2006, Vint Cerf wrote:
>Thanks for this rendition. Shared with MCI
>
>
>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 10:58 AM
>To: Vint Cerf
>Cc: Ken Harrenstien; NLS Restoration Legal Discussion
>Subject: RE: [Philip Gust <gust@NouveauSystems.com>: Re: vint cerf]
>
>Vint,
>
>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.
>
>Based on this, BT issued the following statement:
>
>"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."
>
>
>Here is the statement we're discussing with Boeing:
>
>"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."
>
>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.
>
>Best regards,
>
>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
>
>
>Philip Gust
>(650) 961-7992 (daytime)
>(650) 367-7763 (evening)
>gust@acm.org    (04)


Philip Gust
Nouveau Systems, Inc.
3120 De La Cruz Blvd., Suite 120
Santa Clara, CA 95054    (05)

phone: +1 650 961-7992
fax:   +1 520 843-7217    (06)

mailto: gust@NouveauSystems.com    (07)

Nouveau Systems collaboration-enabled infrastructure and applications 
provide integrated information management, process automation and 
knowledge capture.  To learn how Nouveau Systems products can help 
your knowledge-based organization drive innovation, visit: 
http://www.NouveauSystems.com    (08)




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