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: June 16, 2003 05:07 AM Monday;
Rod Welch
Complete review Jerry's proposal, submit comments on telecon.
1...Summary/Objective
2...Trade Secrets and Contract Issues Notified Morris of Consideration
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CONTACTS
0201 - CSG Systems Inc. O-00000795 0404
020101 - Mr. Jerry J. Nord
0202 - Intel Corporation O-00000704 0201
020201 - Mr. Morris E. Jones;
SUBJECTS
Schedule Jerry Will Prepare Using MS Project Submit Initial Ideas
Agreement Jerry Will Draft and Submit for Comments
Trade Secrets and Remuneration Consider in Agreement Morris Jones Ide
Letter to Jerry Transmitting Analysis of Proposal and Telecon on 0306
2606 -
2606 - ..
2607 - Summary/Objective
2608 -
260801 - Follow up ref SDS 62 EY4S.
260802 -
260803 - Completed reviewing Jerry's proposal received on 030611, ref SDS 59
260804 - 0001, and, also, the record of discussions with Jerry on 030612.
260805 - ref SDS 62 0000
260807 - ..
260808 - Submitted ref DIT 1 0001 to Jerry saying...
260809 -
260810 - 1. This confirms understandings from our discussion by telephone
260811 - on June 12, last Friday. ref SDS 62 0001 We made good progress
260812 - on difficult issues toward agreement. As we discussed, you
260813 - plan to submit a draft agreement in the next few days that will
260814 - include a look at scheduling. ref SDS 62 EY4S
260816 - ..
260817 - 2. Thanks very much for outstanding ideas on moving ahead. While
260818 - there are great challenges, we are working on a big and growing
260819 - problem. Barely the tip of the ice burg is illustrated by
260820 - common, universal maladies at NASA, reported on 030304, earlier
260821 - this year. ref SDS 40 DM4F Since we bring a proven solution,
260822 - reported by USACE on 970328, ref DRP 3 6172 and since nobody
260823 - else has a solution, with your expertise and "can-do" approach
260824 - for "extreme programming," ref SDS 62 XO5L, this makes a
260825 - powerful, winning combination.
260826 -
260827 - [On 030617 Jerry notifies of new problems that delay work on
260828 - draft agreement for SDS. ref SDS 63 154H
260829 -
260831 - ..
2609 -
2610 -
2611 - 1241
2612 -
261201 - Called Jerry to follow up.
261202 -
261203 - Left message there is a letter for him with analysis of his proposal
261204 - and our telecon on 030612.
261206 - ..
261207 - Look forward to getting the draft agreement in next few days.
261209 - ..
261210 - Would be great if Jerry and his team could begin review of POIMS, and
261211 - other foundational docs that provide perspective on learning SDS, as
261212 - shown in the record on 030612. ref SDS 62 U96N
261213 -
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261220 -
2613 -
SUBJECTS
Letter to Morris Transmits Analysis of His Ideas on 030612 and of Tel
Jones, Morris Letter Thanks Morris for Input on Legal Questions of Tr
2804 -
280501 - ..
280502 - Trade Secrets and Contract Issues Notified Morris of Consideration
280503 -
280504 - Follow up ref SDS 61 0001.
280505 -
280506 - Submitted ref DIT 2 0001 to Morris saying....
280507 -
280508 - 1. Reviewed ideas on trade secrets and other contract issues in
280509 - your letter on 030612, and as reviewed in the record on that
280510 - date. ref SDS 61 TS6O
280512 - ..
280513 - 2. Some of this was discussed with Jerry Nord later in the
280514 - afternoon on 030612, ref SDS 62 K38R, and while we cannot
280515 - afford legal counsel for guidance, your input is helpful.
280516 - ref DIT 2 PR6H
280518 - ..
280519 - 3. Jerry indicated he would have a draft agreement later today or
280520 - tomorrow. I suspect more toward the latter or even Wednesday.
280521 - I will send you a copy for further comment, if you have time.
280522 - ref DIT 2 0S6M
280523 -
280525 - ..
280526 - Received ref DRT 1 0001 from Morris saying....
280527 -
280528 - 1. The program is not a "secret" if others have seen it and used
280529 - it without a formal signed NDA. If they can get what they need
280530 - from using it, then you have let the cat out of the bag IMHO.
280531 - It is very hard to protect from "residuals". (Things people
280532 - have in their head due to life experiences).
280534 - ..
280535 - This letter seems to emphasize Morris' points in his letters on
280536 - 030612. ref SDS 61 TO8I and ref SDS 61 TS6O
280538 - ..
280539 - Morris does not address any of the work done to follow up on his prior
280540 - letters, as stated in the letter to him, ref DIT 2 PR6H, so it is not
280541 - clear whether he has not had time to review the record, including
280542 - discussions with Jerry on 030612, ref SDS 62 RX4L; or, if he has made
280543 - a review and is trying to say there is no intellectual property to
280544 - protect for SDS, because everything has already been disclosed.
280546 - ..
280547 - If the latter, why not say that. Alternatively, why not offer
280548 - guidance on a solution, rather than re-stating the problem.
280550 - ..
280551 - One reason we are trying is because the other party seems to feel
280552 - there is something to protect, as shown in Jerry's proposal on 030611.
280553 - ref SDS 59 K37T It would seem under Morris' analysis, such provisions
280554 - should be dropped as unenforceable and meaningless.
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Distribution. . . . See "CONTACTS"