I'm happy to let you know that CHM just received the letter we
requested from Boeing. Recall that originally Lew Platt had offered
and asked Scott Griffin, their CIO to look into it. Eventually, the
request ended up at a Boeing division is southern California and we
hit a dead end after several months of discussions. I went back to
Scott recently to ask for his help again, and he contacted Bob
Nadalet, the Director of their Intellectual Property Business, who
readily agreed to provide the following statement: (01)
"Boeing believes that ownership of NLS/Augment passed with other
assets formerly from McDonnell Douglas Corporation to British
Telecommunications PLC in later 1989, prior to Boeing's acquisition
of McDonnell Douglas (02)
"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." (03)
This is substantially the same statement we received from BT. I
recently contacted Vint Cerf, former VP at MCI, to ask for his help
with MCI to get a similar statement. Vint agreed, and has asked
MCI/Verizon to consider our request. I have also contacted Curt
Carlson at SRI on the same issue and hope to hear back from him soon. (04)
The biggest lesson learned is the importance of finding someone
well-placed in the organization who is willing to go to bat for you,
and then to make that person feel like part of the team through
regular follow-ups and updates on the project. If you don't know
such a person or don't have a significant overlapping interest (e.g.
membership in an organization you both care about), find someone in
your network who does know them and recruit that person too. The
corollary is that if it looks like a brick wall, it probably is; go
back to your network and ask for help again. (05)
Since you are all part of an extended group of CHM volunteers, please
use the information about our progress for Museum purposes only. We
want to be sure we have all our bases covered before going public. (06)
>Subject: RE: [nls-legal] Boeing: NLS/Augment!
>Date: Mon, 27 Mar 2006 09:23:02 -0800
>X-MS-Has-Attach: yes
>X-MS-TNEF-Correlator:
>Thread-Topic: [nls-legal] Boeing: NLS/Augment!
>Thread-Index: AcZQVJ4WB4rUaGOGRPCnVhDz8mK5zwBau79QAADbsSA=
>From: "Marlen Cantrell" <cantrell@computerhistory.org>
>To: "John Toole" <toole@computerhistory.org>,
> "Philip Gust" <gust@NouveauSystems.com>
>
>Attached are the scanned letters received last week - from BT and
>Boeing.
>Marlen
>
>-----Original Message-----
>From: John Toole
>Sent: Monday, March 27, 2006 9:00 AM
>To: Philip Gust
>Cc: Marlen Cantrell
>Subject: RE: [nls-legal] Boeing: NLS/Augment!
>
>Phil,
>
>
>Yes, it came in late last week. I'll have Marlen scan and send it to
>you.
>
>With the SCC scheduled on top of major events recently, I have to be
>host to our speakers so have not been able to attend.
>
>Thanks to you and the team!!
>
>--John
>
>
>
>-----Original Message-----
>From: Philip Gust [mailto:gust@NouveauSystems.com]
>Sent: Saturday, March 25, 2006 1:39 PM
>To: John Toole
>Subject: Fwd: [nls-legal] Boeing: NLS/Augment!
>
>John,
>
>I'm assuming that Rob Gullette is sending the letter to your
>attention at CHM. I wanted to follow up to remind you that it's on
>its way, and to ask you look for it and let me know when it
>arrives. It will be a pleasure to be able to check off this item as
>"COMPLETED" on my MS Project sheet for the project. I'll follow up
>with Vint Cerf and Curt Carlson next week to see where things are with
>them.
>
>
> >Delivered-To: nls-legal@douge.cim3.com
> >X-Mailer: QUALCOMM Windows Eudora Version 7.0.0.16
> >Date: Fri, 17 Mar 2006 09:18:57 -0800
> >To: nls-legal@chm.cim3.net
> >From: Philip Gust <gust@nouveausystems.com>
> >Subject: [nls-legal] Boeing: NLS/Augment!
> >X-BeenThere: nls-legal@chm.cim3.net
> >X-Mailman-Version: 2.1.6b4
> >Reply-To: NLS Restoration Legal Discussion <nls-legal@chm.cim3.net>
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> > <mailto:nls-legal-request@chm.cim3.net?subject=subscribe>
> >Sender: nls-legal-bounces@chm.cim3.net
> >
> >Great news! As you can see from the email below, Scott Griffin has
> >delivered the goods. I just spoke with Rob Gullette, Boeing's VP of
> >Intellectual Property. He confirmed me that he's sent out a letter
> >to CHM with substantially the statement we asked for on
> >NLS/Augment. I haven't seen a copy yet, but hopefully it will arrive
> >sometime in the next week.
> >
> >As you know, we're also likely to get a letter from MCI/Verizon,
> >thanks to Vint Cerf's help, and I've asked Curt Carlson at SRI for
> >one to cover us on any of the earlier material that didn't go to
> >Tymnet. With all the pieces in place, we'll finally be in a position
> >to put the legal issues around NLS/Augment to bed.
> >
> >Our hope is to release the NLS/Augment material to tie in with SRI's
> >60th anniversary in October. This would be a great tie-in between
> >CHM and SRI. There are still many things to do technically and
> >logistically, including making a policy recommendation to the CHM
> >legal committee, but at least we're now pretty sure that the light at
> >the end if the tunnel isn't a train.
> >
> >Best regards,
> >
> > >Subject: NLS/Augment
> > >Date: Fri, 17 Mar 2006 08:48:07 -0800
> > >X-MS-Has-Attach:
> > >X-MS-TNEF-Correlator:
> > >Thread-Topic: NLS/Augment
> > >Thread-Index: AcY+AqoSewTqvG29RJWSP2opRqTFmQDQYeVwAicKSJAAAIjBcA==
> > >From: "Griffin, Scott D" <scott.d.griffin@boeing.com>
> > >To: <nls-archive@chm.cim3.net>, "Philip Gust" <gust@acm.org>
> > >X-OriginalArrivalTime: 17 Mar 2006 16:48:07.0666 (UTC)
> > >FILETIME=[9159DD20:01C649E2]
> > >X-pstn-levels: (S:99.90000/99.90000 P:95.9108 )
> > >X-pstn-settings: 3 (1.0000:0.1000) s gt3 GT2 GT1 p
> > >X-pstn-addresses: from <scott.d.griffin@boeing.com> [41/4]
> > >X-MIME-Autoconverted: from quoted-printable to 8bit by
> > >nouveausystems.com id k2HGmD6Z027436
> > >
> > >
> > >
> > >
> > >Scott
> > >
> > >-----Original Message-----
> > >From: Gullette, Robert L
> > >Sent: Friday, March 17, 2006 8:34 AM
> > >To: Griffin, Scott D
> > >Subject: RE: NLS/Augment
> > >
> > >Scott: After some minor revisions, the letter has now gone out.
>Rob
> > >
> > >-----Original Message-----
> > >From: Griffin, Scott D
> > >Sent: Monday, March 06, 2006 10:23 AM
> > >To: Philip Gust
> > >Cc: Gullette, Robert L; Jamieson, James M
> > >Subject: NLS/Augment
> > >
> > >Phillip, good to hear from you. My colleague Rob Gullette, our VP of
> > >Intellectual Property, has agreed to help. Please give him a call on
> > >(206) 655-5231.
> > >
> > >
> > >Scott
> > >
> > >-----Original Message-----
> > >From: Philip Gust [mailto:gust@NouveauSystems.com]
> > >Sent: Thursday, March 02, 2006 5:54 AM
> > >To: Griffin, Scott D
> > >Subject:
> > >
> > >Hi, Scott,
> > >
> > >This is a follow-up on or earlier discussion of the NLS/Augment
>issue.
> > >
> > >We've definitely traced the ownership of NLS/Augment from SRI through
> > >Tymshare/Tymnet to McDonnell Douglas. We have indications 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 indications
> > >that BT transferred ownersihp to MCI: one of the trademarks
>(73256814)
> > >transferred from BT to MCI on 7/25/1995.
> > >
> > >We've taken stock of Boeing's earlier feedback, and are now trying to
> > >get a simple, non-binding statement from each of the companies for
>the
> > >CHM NLS/Augment restoration project records. BT has agreed to supply
> > >such a statement (see attached). With the help of Vint Cerf, MCI's
> > >former CEO, we're working with Janis Manning, MCI/Verizon's Assistant
> > >General Counsel, Trademarks & Copyrights on a similar statement.
> > >
> > >We were hoping to get a similar non-binding statement from Boeing.
> > >Kathy Gallagher had originally agreed to give us such a statement.
> > >However, her supervisor wasn't comfortable with issuing it from their
> > >office, since it isn't strictly speaking a legal issue, and
>recommended
> > >going back to you.
> > >
> > >The statement we'd like to have is exactly along same lines as the
>one
> > >from BT:
> > >
> > >"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."
> > >
> > >Would you be able to write a letter that includes such a non-binding
> > >statement on behalf of Boeing, or refer us to someone within your
>circle
> > >at Boeing who could? I know that you are in touch with Jim McNerney,
> > >and it might even be helpful for you to approach him informally to
>see
> > >if he'd support doing that. If you do, feel free to share the
>attached
> > >letter from John Toole to BT with him as background. I know that Lew
>was
> > >eager to help us with this, and hope that you and perhaps Jim might
>be
> > >willing to carry the banner on this request.
> > >
> > >I really appreciate your help on this, however things turn out. If
>you
> > >do visit the SF Bay area, please let me know. I enjoyed talking with
> > >you earlier, and It would be great to get together in person.
> > >
> > >
> > >
> > >Philip Gust
> > >Nouveau Systems, Inc.
> > >
> > >phone: +1 650 961-7992
> > >fax: +1 520 843-7217
> > >
> > >
> > >mailto: gust@NouveauSystems.com
> >
> >
> >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
> >
> >mailto: gust@NouveauSystems.com
> >
> >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
> >
> >
> >
> >
> >_________________________________________________________________
> >Message Archives: http://chm.cim3.net/forum/nls-legal/
> >Shared Files: http://chm.cim3.net/file/work/project/nls-restore/
> >Community Portal: http://www.computerhistory.org/
> >To Post: mailto:nls-legal@chm.cim3.net
> >Community Wiki: http://chm.cim3.net/cgi-bin/wiki.pl?NLS_Restoration
>
>
>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
>
>mailto: gust@NouveauSystems.com
>
>Nouveau Systems products seamlessly integrate collaboration,
>information management, processes automation, and capture of
>mission-critical knowledge. To learn how Nouveau Systems products
>can help your organization drive innovation, visit:
>http://www.NouveauSystems.com
>
>
> (07)
Philip Gust
Nouveau Systems, Inc.
3120 De La Cruz Blvd., Suite 120
Santa Clara, CA 95054 (08)
phone: +1 650 961-7992
fax: +1 520 843-7217 (09)
mailto: gust@NouveauSystems.com (010)
Nouveau Systems products seamlessly integrate collaboration,
information management, processes automation, and capture of
mission-critical knowledge. To learn how Nouveau Systems products
can help your organization drive innovation, visit:
http://www.NouveauSystems.com (011)
_________________________________________________________________
Message Archives: http://chm.cim3.net/forum/nls-legal/
Shared Files: http://chm.cim3.net/file/work/project/nls-restore/
Community Portal: http://www.computerhistory.org/
To Post: mailto:nls-legal@chm.cim3.net
Community Wiki: http://chm.cim3.net/cgi-bin/wiki.pl?NLS_Restoration (012)
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