THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rodwelch@pacbell.net


S U M M A R Y


DIARY: May 13, 2003 03:49 PM Tuesday; Rod Welch

Mark reports busniness phone is shown in record for 950329.

1...Summary/Objective


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CONTACTS 


SUBJECTS
Fear Confidential Communications Reported on Internet Prevents Demons
Customer Fears Privacy Compromised by SDS Record on Internet
Internet Object Organizational Memory Worry Accountability Confidenti
Confidentiality Privacy Communication on Internet

1008 -
1008 -    ..
1009 - Summary/Objective
1010 -
101001 - Follow up ref SDS 46 0000. ref SDS 41 0000.
101002 -
101003 - Received ref DRT 1 0001 dated today from Mark and saying....
101004 -
101005 -    1.  I did the search again to insure that you removed the related
101006 -        documents. Instead of removing them you changed part of the
101007 -        information.
101009 -  ..
101010 - Mark is correct that we changed the record so it cannot be associated
101011 - with his company, reported on 030209 and ref SDS 46 VA79
101013 -  ..
101014 - Mark continues...
101015 -
101016 -    2.  Following is the copy of the email I have sent to our attorney.
101017 -        ref SDS 0 OB7I  You may contact me if you wish to finally
101018 -        respect our requests and remove or as you have exhibited the
101019 -        ability to do, edit the information.  We find it under any
101020 -        S****** Design search especially on Ask Jeeves.  I want it
101021 -        removed or edited so severely that no one can  link it to us.
101022 -        That includes how it comes up in the searches if you insist it
101023 -        must come up at all which is NOT our preference. ref DRT 1 V55N
101025 -  ..
101026 - Mark was notified on 030209 that he and his company are greatly
101027 - respected, ref SDS 46 AE7J, based on expertise demonstrated in the
101028 - record on 950329, ref SDS 4 0100, and further proactive efforts were
101029 - made to accommodate Mark's objectives. ref SDS 46 VA79
101031 -  ..
101032 - Mark continues...
101033 -
101034 -    3.  I really have been nice and more than reasonable about this.
101035 -        ref DRT 1 XA6N
101037 -  ..
101038 - Mark is correct on the point of being courteous, and partially correct
101039 - on being "reasonable," as shown in the record on 030209. ref SDS 46
101040 - AE90  Mark's letter today does a poor job of identifying the source of
101041 - concern, i.e., there is no date, no description; seemingly the only
101042 - explanation of a continuing problem is mention of a phone number in
101043 - the copy of a letter to counsel, per below. ref SDS 0 RK66  This is
101044 - fairly minimalist as complaints go; although it is understandable that
101045 - emotions are impacted when it appears, even incorrectly, that a
101046 - reasonable request is being ignored.
101048 -  ..
101049 - Mark continues...
101050 -
101051 -    4.  You may contact me at the numbers below should you choose to
101052 -        avoid a lawsuit. ref DRT 1 NA7G
101054 -  ..
101055 - Mark's generous offer to visit is appreciated.  Would love to call and
101055 - chat with Mark about how to advance the nation and civilization by
101055 - helping people transition from information to a culture of knowledge
101055 - under the reasoning he developed on 950329. ref SDS 4 EL6G  However,
101055 - Mark's time is valuable for selling things people already know how to
101055 - use, and so requires compensation derived from delivering value from
101055 - sustaining technologies.  SDS is a disruptive technology for Knowledge
101055 - Management (KM) that few people know how to use.  The record yesterday
101055 - illustrates challenges introducing SDS at Aerospace company.
101055 - ref SDS 49 0001  At this early stage in transformation, KM is not
101055 - valued in sufficient measure to pay for Mark's enormous talents, for
101055 - reasons in the draft endorsement being developed at SRI, ref OF 1
101055 - 0001, as reported on 030417. ref SDS 47 KO5O  Moreover, Mark knows his
101055 - time is valuable, and so the offer to talk seems most likely to elicit
101055 - opprobrium and invective, rather than an opportunity to reason
101055 - together in solving a common problem.
101072 -  ..
101073 - As a result, will try to accomplish Mark's objectives within a
101074 - framework that fits our own objectives.  Based on Mark's letter to his
101075 - attorney, he appears to be upset today about the company phone number
101076 - in the record for 950329. ref SDS 0 RK66
101078 -  ..
101079 - Mark says to his attorney....
101080 -
101081 -    1.  Here are some rough facts pertaining to the issue we have
101082 -        mentioned.  We have one client that was irritated at us for
101083 -        even considering posting confidential meeting notes on the web.
101084 -        ref DRT 1 W29F
101086 -  ..
101087 - Mark's explanation is conflicting, since at no time has his company
101088 - ever considered posting confidential meeting notes on the Internet; as
101089 - well, any information in the Welch record that even tangentially
101090 - alludes to Mark's company makes clear that Mark at all times protects
101091 - the confidentiality of clients.  Mark's point is that he may have lost
101092 - business because clients incorrectly assume an action by his company
101093 - for which there is no evidence, and in fact where the evidence says
101094 - the opposite.  The protection Mark seeks is from clients reading the
101095 - record incorrectly.
101097 -  ..
101098 - Mark continues relating his case to counsel...
101099 -
101100 -        I sent you the original notes as well as his edits today.
101101 -        ref DRT 1 GO4F
101103 -  ..
101104 - The reference to "his" is confusing.  Were the client's notes
101105 - submitted to counsel, and if so, what complaint was stated?
101107 -  ..
101108 - Mark continues relating his case to counsel...
101109 -
101110 -        As you can see he still has our phone number on it and it still
101111 -        comes up in searches despite the fact that he has now changed
101112 -        my name and the name of the company.  It is clear that he knows
101113 -        how to fix the issues as he has now edited them.  What is not
101114 -        clear is that even if he edits the documents as you see in the
101115 -        second email that he cannot or does not know enough to remove
101116 -        the cookies and or coding in the system that causes this to
101117 -        come up when one does a [search for our company] ref DRT 1 LO4J
101119 -  ..
101120 - This appears to be the core of Mark's concern that the company phone
101121 - number still appears in the record on 950329 in the Contacts field.
101122 - ref SDS 4 0001
101124 -  ..
101125 - Mark makes a good point.  The phone number was left in the record
101126 - inadvertently.  On 030209 a global change was made on the record to
101127 - avoid association with Mark's company, ref SDS 46 VA79, however, this
101128 - did not affect the phone number, and that was a mistake.
101130 -  ..
101131 - On 030502 to strengthen confidentiality the system was changed to
101132 - suppress publishing all phone numbers and email addresses. ref SDS 48
101133 - 0001  Records already on the web still have the old format.  In this
101134 - case, the company phone number should have been changed, and now
101135 - removed under the new protocol, but there was an oversight.
101137 -  ..
101138 - Today, changed the number, and republishing the record removed the
101139 - phone number from the web.
101141 -  ..
101142 - Mark continues relating his case to counsel...
101143 -
101144 -    2.  I have requested more than 5 times that he remove or fix this
101145 -        as we have had at least 4 comments from prospects, vendors or
101146 -        clients inquiring why we post seemingly confidential meeting
101147 -        notes on the internet.  He has had ample time to do so and I am
101148 -        at a loss as to how to make it clear to him that we feel that
101149 -        it is potentially damaging to our business and our reputation.
101150 -        Each time he says he will resolve it but does not. ref DRT 1
101151 -        QY5I
101153 -  ..
101154 - Would be interesting to visit with Mark's clients to discover why they
101155 - are unable to recognize that Mark's company is innocent of publishing
101156 - confidential information.  What calculus goes through the mind that
101157 - makes such an association, when the record for the past 10 years shows
101158 - no one else is capable of producing an SDS record, as shown by SRI's
101159 - draft endorsement. ref OF 1 XV7F  Under this record, it is impossible
101160 - for Mark and his company to have been responsible.
101162 -  ..
101163 - Mark has done a good job in some respects providing clear, concise,
101164 - complete communication.  Mark's wishes have been acted on in each
101165 - case.  Admittedly there have been some glitches, as occurs in any new
101166 - system, but in each case action has been taken to satisfy reasonable
101167 - requests by Mark and his company.
101169 -  ..
101170 - Mark continues relating his case to counsel...
101171 -
101172 -    3.  It is not worth my time to explain that he came to us with this
101173 -        new product he had designed and that he posted the notes
101174 -        without our consent.  He has stated it was for demonstration
101175 -        purposes only yet at my first complaint where we requested he
101176 -        remove them he said he would and did not. ref DRT 1 OA6G
101178 -  ..
101179 - Mark is correct that his time is valuable and he states a complaint
101180 - that is partially valid about problems getting records of prior
101181 - meetings on client business removed from the Internet, shown by his
101182 - report today that the phone number was overlooked on 030209.
101183 - ref SDS 0 RK66   The phone number is therefore removed today, also,
101184 - per above. ref SDS 0 8X5G
101186 -  ..
101187 - Mark continues relating his case to counsel...
101188 -
101189 -    4.  I'll wait for your thoughts and will happily send you whatever
101190 -        additional information we have in order
101191 -        to resolve this.
101193 -         ..
101194 -    5.  I am sending a copy of this email to Mr. Welch in hopes that we
101195 -        can avoid this lawsuit all together but am not optimistic that
101196 -        he cares or will listen.  Despite the fact that he thinks this
101197 -        is a non-issue we do think it is an issue as long as potential
101198 -        clients searching our name choose to question it and our
101199 -        processes.
101201 -  ..
101202 - Listening is an important part of Com Metrics, as explained in POIMS,
101203 - ref OF 5 1106, and based on the record for 890809. ref SDS 1 CJ9J
101204 - Mark overlooks that issues have two sides.  Efforts have been made to
101205 - accommodate the interests of Mark and his company, and where new
101206 - information has been submitted new action has been taken, as reported
101207 - today. ref SDS 0 RK66
101208 -
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101223 -