Current Status (KB)
- NLS: SRI has donated NLS (code prior to 1977) to public domain (M1)
- Augment: orphan work; Computer History Museum is researching the legal ramifications of releasing Augment for public use (LU)
Background (LV)
NLS/Augment has a long and varied history. Over the years, it was known by two separate names: NLS and Augment. It has had at least seven corporate entities considered as possible owner, through various spin-offs, acquisitions and sales of divisions and companies that at one time may have had ownership of the copyrights of NLS/Augment. (KC)
The name "NLS" was used only at SRI (1960s until 1977). SRI appears to have kept ownership of the NLS name and sold off rights to use the codebase to Tymshare, under the name of "Augment". The existing NLS programming team were also moved to Tymshare. It seems clear that Augment can be considered a "fork" of NLS, although NLS development itself essentially stopped when Augment started. (LW)
SRI claims right of ownership to the NLS software, documentation, technical reports, journals and other documents that were created prior to the 1977 fork. Thanks to efforts by the NLS restoration project, SRI was contacted, and SRI has graciously agreed to donate the entire corpus of copywritten materials of NLS (whatever we can manage to find) to the public domain. (LX)
After several years of hard work and searching, we have still not been able to conclusively determine the copyright owner of Augment. In fact, much to our disappointment and frustration, whomever is the real copyright owner apparently is not aware of it themselves and is unable to determine their own status. We have done full due diligence, by spending an enormous amount of effort to contact each and every company that may have possibly (or not) owned the copyright to Augment at some point in time. In each case, our search has turned up empty. (KD)
Due to the a major change in copyright law that appeared in Copyright Act of 1976, works may optionally continue to be registered with the US Copyright Office, although according to Section 408, "Such registration is not a condition of copyright protection." An unfortunate side effect of this Act is that it created what is called an "orphan work." An orphan work is a copyrighted work where it is impossible to contact the copyright holder. For museums and organizations interested in preserving works, this is a disaster because it is officially illegal to distribute the work even though there is no one (no copyright owner) to contact to request permission. This causes many older works to literally disappear over time since the law does not provide any way to save these works. (M2)
Augment is clearly an orphan work. The Computer History Museum is researching the legal ramifications of releasing Augment for the good of society, to learn about, study from, and document this important historical work. We want to save NLS/Augment before it disappears forever. (LY)
Release Letters (KE)
We initially requested, from each company that still exists, a release to their claim of copyright ownership. While we were unable to obtain formal renunciation of their possible copyright ownership, we did get informal approval (in written form) that they will not assert legal assistance against the Computer History Museum for using the software in a non-commercial manner for the good of society. (KF)
Release Letter from SRI (KQ)
The text of both pages one and two of the release letter from SRI is reproduced here: (KR)
May 22, 2006 (KT)
Mr. John Toole Executive Director Computer History Museum 1401 North Shoreline Boulevard Mountain View, CA 94043 (KU)
RE: NLS Copyright (KV)
Dear Mr. Toole: (KW)
SRI International (SRI) supports the Computer History Museum's NLS restoration project. As a non profit public benefit corporation, one of SRI's chartered purposes is to aid in the advancement of scientific investigation and of pure and applied research, and your project is consonant with that purpose. (KX)
SRI held the copyright of certain material created by the NLS team at SRI. SRI desires to ensure that the NLS system itself and related documents and designs are preserved and accessible for study and use by the public. Therefore, SRI hereby dedicates whatever copyrights it may hold in the work of authorship of this material to the public domain for the benefit of the public at large, including but not limited to: (KY)
1. The source code for the NLS system created by the NLS team at SRI. (KZ)
2. Executable instructions and documentation derived from the NLS source code. (L0)
3. System documentation, technical reports, journals and other documents created by the NLS team at SRI. (L1)
4. Designs, schematics, and related material for NLS related hardware created by the NLS team at SRI. (L2)
5. Multimedia material, including video and sound recordings, produced by the NLS team at SRI. (L3)
The works covered by any such copyright held by SRI may be freely reproduced, distributed, transmitted, used, modified, built upon, or otherwise exploited by anyone for any non commercial purpose, and in any way, including by methods that have not yet been invented or conceived. SRI makes no warranties about any specific copyrighted material and disclaims any liability resulting from the use of any such material. (L4)
Sincerely, (L5)
Richard A. Cramer Assistant General Counsel SRI International (L6)
Release Letter from Boeing (KG)
The text of the release letter from Boeing is reproduced here: (KH)
March 17, 2006 (KI)
Mr. John Toole Executive Director Computer History Museum 1401 N. Shoreline Blvd. Mountain View, CA 94043 (KJ)
RE: AUGMENT Trademark & Software (KK)
Dear Mr. Toole: (KL)
Boeing believes that ownership of NLS/Augment passed with other assets formerly from McDonnell Douglas Corporation to British Telecommunications PLC in late 1989, prior to Boeing's acquisition of McDonnell Douglas. (KM)
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. (KN)
Regards, (KO)
Robert J. (Bob) Nadalet Director, Intellectual Property Business Boeing Management Company (KP)
Release Letter from British Telecom (L7)
The text of the release letter from British Telecom is reproduced here: (L8)
Our Ref: X91659 (L9)
John C. Toole Executive Director and CEO Computer History Museum 1401 N Shoreline Blvd Mountain View CA 94043 U.S.A. (LA)
06 March 2006 (LB)
NLS / Augment (LC)
Dear Mr. Toole, (LD)
We refer to your letter to BT dated 21st February 2006 concerning your investigations into tracing the copyrights of NLS / Augment and your Software Collection Committee's use of those copyrights. (LE)
In your letter you request that BT provide you with a written statement concerning BT's rights in NLS / Augment and BT's attitude toward the Computer History Museum's use of those copyrights in a not-for-profit public service capacity. (LF)
BT believes that any intellectual property rights it held in the NLS / Augment technology passed with other assetts to MCI in the 1990's. However, and with respect to any such IPR's retained by BT then so far as BT is concerned BT 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 on or warranty as to it actually retaining any such IPR's; the Computer History Museum's reliance on this letter; or the Computer History Museums use of NLS / Augment. (LG)
Peter A Ratcliffe Solicitor / Attorney at Law Divisional Manager IPR Department BT plc. (LH)
Release Letter from Verizon (LI)
The text of the release letter from Verizon is reproduced here: (LJ)
Philip Gust Nouveau Systems, Inc. 3120 De La Cruz Blvd., Suite 120 Santa Clara, CA 95054 (LK)
Dear Phil: (LL)
I am sending you this note at the request of Vint Cerf. I understand that the Computer History Museum wishes to make use, in a not-for-profit capacity, of the copyrights in a piece of software known as NLS/Augment, which I am told is a PDP-10 emulator ("NLS/Augment"). (LM)
I also understand from emails that Vint has provided me that ownership of the intellectual property rights in NLS/Augment is said to have passed at various times from SRI to McDonnell Douglas to British Telecom and, ultimately, to MCI. MCI did acquire certain assets from British Telecom's North American subsidiary in a transaction that closed in January 1994. It does not appear, however, that MCI acquired ownership of intellectual property rights in NLS/Augment as a result of that transaction, although based on the documents available to me it is not possible to conclusively determine what rights MCI may or may not have in NLS/Augment. (LN)
In any case, Verizon Business Network Services, Inc., as the successor to MCI Telecommunications Corporation, Inc., has no objection to the Computer History Museum's use, for not-for-profit purposes for the benefit of the general public, of whatever copyrights may exist in NLS/Augment. (LO)
This communication is not intended, however, nor should it be construed, as a representation or warranty as to the rights that Verizon Business Network Services, Inc. or any predecessor entity may or may not have in NLS/Augment, or as to the appropriateness of the Computer History Museum's intended use of NLS/Augment. Verizon Business Network Services, Inc. makes no such representations or warranties, and this note is provided to you without liability on the part of Verizon Business Network Services, Inc. or any related entity. (LP)
Very truly yours, (LQ)
Robert A. Peterson Vice President and Deputy General Counsel Verizon Business (LR)
Cc: John Toole Executive Director Computer History Museum 1401 Shoreline Blvd. Mountain View, CA 94043 (LS)
Possible Copyright Owners (DZ)
SRI 1962(?) - 1977 [sold NLS to Tymshare] Tymshare 1977 - 1979 [spun off Tymnet] Tymnet 1979 - 1984 [acquired by McDonnell Douglas] McDonnell Douglas 1984 - 1989 [sold Tymnet] British Telecom 1989 - 1993 [sold assets from Tymnet] MCI 1993 - 2005 [acquired Tymnet from BT] {nid E0} Verizon 2005 - present [acquired MCI] (KS)
MCI renamed Tymnet to be Concert, and now CPS (Concert Packet-switching Services). (E1)
Other facts: (LZ)
* SRI claims it owns copyright to NLS (code prior to 1977). * Augment (forked version of NLS) code and development team was sold to Boeing (Tymshare). * Boeing believes that any rights it had were passed to BT. * BT believes that any rights it had were passed to MCI. * Verizon believes that BT never passed them (MCI) any rights. (M0)