Peter, (01)
At 09:02 AM 6/11/2005, Peter Yim wrote:
>Yes! I believe this (putting the IPR in the public domain ... AND
>making all that work accessible in all its detail, as CHM is
>doing) could do wonders on innovations that has a root in the NLS
>technologies, going forward, even if we cannot avoid having
>software patents, because we have a first-to-invent system going
>here (in the US).
>
>Can someone explain hat this move might connote, under a
>first-to-file patent regime? (02)
The USPTO avoided granting any patent before 1980 if the invention utilized
a calculation made by a computer. Such software related inventions were
considered "non-statutory". In the 1981 Diamond v. Dier case, the U.S.
Supreme court forced the USPTO to grant a patent on an invention even
though computer software was utilized. The state of software patents were
pretty chaotic in the 1980s, and it wasn't until the early 1990s that
federal courts finally tried to clarify when software related inventions
were patentable. In 1995, the USPTO finally developed formal guidelines for
examining software related patents. Given the uncertain state of software
patents as late as 1986 when all work stopped on Augment, and the fact that
the bulk of the work was done prior to 1977 when it was first sold
commercially, it's extremely unlikely that any patents were ever filed
based on the software itself. So I'm pretty sure we won't have to worry
about patent issues in this case, except to the extent NLS/Augment might
constitute prior art with respect to later patents. (03)
>=ppy
>--
>
>Philip Gust wrote Sat, 11 Jun 2005 08:30:41 -0700:
> > I would agree with Peter on this. I put the question to Doug at our last
> > meeting, and recall that he gave the same answer.
>
>
> > At 04:49 PM 6/10/2005, Peter Yim wrote:
> >
> >>John,
> >>
> >> > On the IPR side, which of the two options for this
> >> > would you suggest?
> >>
> >>[ppy] I think Doug's personal disposition and/or CHM (or
> >>CHM-SCC) policy should be the basis of the decision.
> >>
> >>I see the beauty of either one of these options (or that of the
> >>various flavors of open source licenses.) However, if I have to
> >>pick one right now, I'll choose 'public domain.'
> >>
> >>Cheers. =ppy
> >>--
>
>
> >>John Toole wrote Fri, 10 Jun 2005 16:32:29 -0700:
> >>
> >>>Peter,
> >>>
> >>>On the IPR side, which of the two options for this would you suggest?
> >>>Presume the open source license??
> >>>
> >>>--John
>
>
> >>>-----Original Message-----
> >>>From: Peter Yim [mailto:peter.yim@cim3.com]
> >>>Sent: Friday, June 10, 2005 4:29 PM
> >>>To: nls-restore; John Toole
> >>>Subject: Re: [nls-restore] Great news on the Boeing front
> >>>
> >>> > [JT] It appears that they are assigning all the rights to
> >>> > us, then licensing back, and the language seems to give
> >>> > us what we need.
> >>>
> >>>[ppy] The is great news indeed (hope legal concurs)!
> >>>
> >>>Question: if that is the case, can we assume that CHM will put it
> >>>in the public domain? Or, would it put an open source license on
> >>>the IPR? If so, which open source license?
> >>>
> >>>(By the way, John, are you subscribed to the [nls-restore] list?)
> >>>
> >>> > [KG] ...updated the SCC site ...
> >>> > http://community.computerhistory.org/scc/
> >>>
> >>>[ppy] the site looks great, Kathe; didn't realize it existed and
> >>>so much is on there already.
> >>>
> >>>Just super!
> >>>
> >>>Cheers. =ppy
> >>>--
>
>
> >>>Gust, Kathe wrote Fri, 10 Jun 2005 15:57:42 -0700:
> >>>
> >>>
> >>>>I have also updated the SCC site to reflect the possible success of a
> >>>>negotiation on this front. If the lawyers clear it, I will update
> >>>>further. I put it in the "Source Code" section.
> >>>>
> >>>>http://community.computerhistory.org/scc/
> >>>>
> >>>>Kathe
>
>
> >>>>-----Original Message-----
> >>>>From: nls-restore-bounces@chm.cim3.net
> >>>>[mailto:nls-restore-bounces@chm.cim3.net] On Behalf Of Philip Gust
> >>>>Sent: Friday, June 10, 2005 3:54 PM
> >>>>To: nls-restore@chm.cim3.net
> >>>>Subject: [nls-restore] Great news on the Boeing front
> >>>>Importance: High
> >>>>
> >>>>
> >>>>
> >>>>John Toole just copied me on a note that he sent to the CHM legal
> >>>>department concerning NLS/Augment. It is really great news, and puts
> >>>
> >>>us
> >>>
> >>>
> >>>>another step closer.
> >>>>
> >>>>Rayleen, any chance we can have a "preliminary" version of the code
> >>>>packaged by the meeting on the 14th? This doesn't have to be the
> >>>
> >>>final
> >>>
> >>>
> >>>>one
> >>>>we deliver to CHM, just one that our group can use internally to do an
> >>>
> >>>
> >>>>initial test install on another machine to work out issues that are
> >>>>bound
> >>>>to arise. Please let me know on this.
> >>>>
> >>>>
> >>>
> >>>------------------------------------------------------------------------
> >>>
> >>>
> >>>>-------------------------------------------
> >>>>
> >>>>Legal Committee,
> >>>>
> >>>>The Software Collections Committee has undertaken a project to work
> >>>
> >>>with
> >>>
> >>>
> >>>>Doug Engelbart's NLS system, and we needed rights to the source code.
> >>>>Lew Platt agreed to help, and I just received the note from them which
> >>>>would give us the necessary permissions.
> >>>>
> >>>>It appears that they are assigning all the rights to us, then
> >>>
> >>>licensing
> >>>
> >>>
> >>>>back, and the language seems to give us what we need.
> >>>>
> >>>>Would you please give this a quick read and let me know if there is
> >>>>anything that we should ask to amend?? Would appreciate a reply NLT
> >>>>June 14th - the team is ready to move out on this.
> >>>>
> >>>>Thanks! Here's another good precedent on software rights issues.
> >>>>
> >>>>--John
> >>>>
> >>>
> >>>------------------------------------------------------------------------
> >>>
> >>>
> >>>>------------------------------------------
> >>>>
> >>>>
> >>>>
> >>>>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. (05)
phone: +1 650 961-7992
fax: +1 520 843-7217 (06)
mailto: gust@NouveauSystems.com (07)
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