CONTACTS 

SUBJECTS
Trade Secrets SDS Don't Give Out Source Code
Internet Publication of SDS Trade Secrets Holds Risk of Reducing Prot
Reverse Engineer SDS Difficult Need Experience Using SDS Program to U
Advice Request Letter to Morris on IP Issues SRI Pat Lincoln Pilot Te
CSG Proposal on SDS Development and Intellectual Property Trade Secre
SDS Recipe Architecture Design Trade Secrets Unique Novel Capabilitie
Trade Secrets Welch IP Protection Royalties Gives and Gets Based on R
Nord, Jerry Trade Secrets Welch IP Protection Royalties Gives and Get
Disclosing General Description of Trade Secrets Published on Internet
Jones, Morris Trade Secrets Published on Internet are No Longer Secre
Secret SDS Only KM Capability Breakthrough from IT Enables Steady Adv

3013 -
3013 -    ..
3014 - Summary/Objective
3015 -
301501 - Follow up ref SDS 9 W565, ref SDS 7 3744.
301502 -
301503 - Received ref DRT 1 0001 from Morris responding to a copy of an email
301504 - sent to Gary Johnson as shown in the record on 030611, and discusses
301505 - protecting intellectual property by incorporating the list of trade
301506 - secrets in the record on 000831, ref SDS 10 G8E3, into the agreement
301507 - with Jerry Nord on SDS development. ref SDS 20 C57I
301509 -  ..
301510 - Morris says in total....
301511 -
301512 -    1.  If you put it on the internet it is no longer a trade secret.
301513 -
301514 -
301516 -  ..
301517 - SDS Trade Secrets Describe Capabilities But Do Not Disclose Recipe
301518 -
301519 - Submitted ref DIT 1 0001 to Morris saying....
301520 -
301521 -    1.  Thanks for feedback.  Just wondering if there are not degrees
301522 -        of explaining something like a "trade secret."  We can offer a
301523 -        general explanation of purpose, process and benefit, as listed
301524 -        in the record on 000831, ref SDS 10 IW5G, without disclosing
301525 -        enough for others to replicate it, something like the "recipe"
301526 -        for coca cola.
301527 -
301528 -             [...below, Morris explains that if others can discover the
301529 -             recipe for coca cola independently, they can replicate the
301530 -             product for sale. ref SDS 0 TS6O
301532 -              ..
301533 -             [...in another record today, discussed this issue with
301534 -             Jerry Nord, ref SDS 21 K37T, and set task to clarify the
301535 -             issue in the final agreement. and ref SDS 21 EY4S
301536 -
301538 -         ..
301539 -        SDS Design, Recipe Not Disclosed by Listing Trade Secrets
301540 -        POIMS NWO TDS Features and Benefits Have Not Disclosed Recipe
301541 -        Recipe SDS Not Disclosed by General Description Trade Secrets
301542 -
301543 -    2.  SDS features have been on display by records on the Internet,
301544 -        like this one, and have been described in POIMS, NWO, Typical
301545 -        Day Scenario, Features and Benefits, et al, for many years,
301546 -        ref DIT 1 SM6H, but the technology has not been replicated by
301547 -        others, including expert software engineers working very hard
301548 -        to make a similar advance, e.g., IBM, Microsoft, Oracle, SRI,
301549 -        LANL, as reported on 020608. ref SDS 14 QV5G  This suggests the
301550 -        "recipe" remains a secret, despite disclosure of general
301551 -        methodology for purposes of identifying discrete capabilities
301552 -        that make SDS unique and useful, as you noted for example
301553 -        on....
301554 -
301555 -           a.  SDS new way of working to
301556 -               integrate capture, assemble
301557 -               analyse daily work and
301558 -               plan follow up................ 911123, ref SDS 3 0477
301560 -                ..
301561 -           b.  Self-evident benefits SDS
301562 -               improves memory............... 940327, ref SDS 5 J496
301564 -                ..
301565 -           c.  Keeps projects on target...... 950303, ref SDS 6 M34O
301567 -                ..
301568 -           d.  Utopia because everything
301569 -               is right place at right
301570 -               time.......................... 010425, ref SDS 11 EP7F
301572 -                ..
301573 -           e.  Improves management better
301574 -               than other methods; nobody
301575 -               uses software the way SDS
301576 -               is used....................... 010924, ref SDS 13 XT5F
301578 -         ..
301579 -    3.  We can remove the explanation from the Internet if that helps.
301580 -        Since the list has been published for about three (3) years, is
301581 -        the "cat out of the bag," so to speak? ref DIT 1 MD7J
301582 -
301583 -
301584 -
301585 -
301586 -
301587 -
3016 -

SUBJECTS
Technology Transfer SDS Trade Secrets Can Only Be Accomplished Throug
CSG Jerry Nord SDS Technology Transfer Can Only Be Accomplished Throu
Technology Transfer SDS Trade Secrets Can Only Be Accomplished Throug
SDS Technology Transfer Can Only Be Accomplished Through Experience a
Nord, Jerry CSG SDS Technology Transfer Can Only Be Accomplished Thro
Legal Protection for SDS Don't Give Out Source Code
Technology Transfer SDS Trade Secrets Can Only Be Accomplished Throug
SDS Technology Transfer Can Only Be Accomplished Through Experience a
CSG Morris Participate in Conference Call to Review Terms Conditions

471101 -         ..
471102 -        Technology Transfer Trade Secrets Requires Experience with SDS
471103 -
471104 -    4.  In any case, the immediate objective is simply to get agreement
471105 -        with Jerry Nord and CSG that the list on 000831 is a secret to
471106 -        them, for which they are willing to trade effort for the right
471107 -        of access to evaluate the "recipe" for creating tools that
471108 -        accomplish SDS "trade secrets."  Experience indicates that the
471109 -        only way for people to accomplish SDS "technology transfer" is
471110 -        through using the SDS program, which is what is currently being
471111 -        contemplated, ref DIT 1 0D7N, as shown in the record on 030611.
471112 -        ref SDS 19 K37T
471114 -         ..
471115 -    5.  You may have noticed that Jerry Nord will be calling today on a
471116 -        proposal.  Would you like to participate in the call?  Maybe
471117 -        Gary can as well. ref DIT 1 4D8N
471118 -
471119 -
471121 -  ..
4712 -
4713 -
4714 - 1103
4715 -
471501 - Received ref DRT 2 0001 from Morris saying....
471502 -
471503 -    1.  I just wanted to point out that public disclosure will limit
471504 -        the legal range of a trade secret.  You now have the burden of
471505 -        identifying what is the essence of the secret that is not in
471506 -        the discussions or ever exposed without full protection.  If it
471507 -        can be reasonably inferred by others, then you may have a
471508 -        challenge.  The soda people keep the ingredients a secret.  If
471509 -        determined in a lab, by analysis, then no legal trade secret
471510 -        protection exists.
471512 -                 ..
471513 -                [On 030616 notified Morris his ideas were reviewed with
471514 -                Jerry Nord, and that a draft agreement will be
471515 -                available in a few day, which he can comment further to
471516 -                offer changes on specific language. ref SDS 1 TL6I
471518 -              ..
471519 -             Morris makes strong points.  Re-stating point 2 in the
471520 -             letter to Morris, per above, ref SDS 0 SJ4I, research on
471521 -             000425 indicates that the only way people can discover the
471522 -             secret of the SDS "recipe" is through technology transfer
471523 -             by experience using SDS. ref SDS 8 0480  Further research
471524 -             by IBM reviewed on 020608, indicates everyone else has
471525 -             failed to develop SDS-type capability, commonly called
471526 -             Knowledge Management. ref SDS 14 ZN6I  A long history of
471527 -             experience substantiates prior findings on 000425 and
471528 -             IBM's report. ref SDS 14 QV5G
471529 -
471530 -                [...in another record today, discussed this issue with
471531 -                Jerry Nord, ref SDS 21 K37T, and set task to clarify
471532 -                the issue in the final agreement. and ref SDS 21 EY4S
471534 -              ..
471535 -             POIMS explains the essence of the SDS design is support
471536 -             for the "intelligence" process that converts information
471537 -             into knowledge, and notes further this requires
471538 -             integrating common practices so that each supports the
471539 -             other, citing the importance of harmony. ref OF 3 8559  On
471540 -             010719 Gary Johnson reported having tried to create SDS-
471541 -             type technology to aid Knowledge Management. ref SDS 12
471542 -             GH7I  On 030316, about six (6) months after learning and
471543 -             using SDS, Gary Johnson reported that experience using SDS
471544 -             supports this analysis. ref SDS 16 EV4N  On 030407 Gary
471545 -             listed tools he has been using for KM, which are
471546 -             integrated in various degrees by SDS. ref SDS 17 6Q4H
471547 -             Morris recognized integration is a core feature of SDS on
471548 -             890809, noting that transformation from using familiar
471549 -             things in familiar ways to improve productivity and
471550 -             earnings is difficult. ref SDS 2 2079
471552 -              ..
471553 -             Morris reported on 920215 that his experience shows the
471554 -             essence of the SDS "recipe" is counterintuitive, so
471555 -             experience using SDS is the only path for discovery.
471556 -             ref SDS 4 5820   On 010924 Morris noted that the SDS
471557 -             design is a secret because understanding requires an
471558 -             experiential path and synergy between design and use.
471559 -             ref SDS 13 NK4J  Later on 020608 further research at IBM
471560 -             supported Morris' analysis that the essence of SDS is a
471561 -             secret. ref SDS 14 QV5G
471563 -              ..
471564 -             Yesterday, Gary Johnson noted primary concern to enable a
471565 -             successful effort by Jerry Nord and others is whether
471566 -             people can "get it." ref SDS 20 PO5I  This presents a very
471567 -             difficult and unusual challenge of how to convey enough
471568 -             for people to grasp that SDS is a unique powerful
471569 -             capability that justifies investing time for learning,
471570 -             deployment and improvement, while retaining the "secret
471571 -             recipe."
471573 -         ..
471574 -    2.  Typically, for theft of trade secrets, you need to show there
471575 -        was a secret, you took steps to protect it, and the person who
471576 -        obtained the secret did so through theft. ref DRT 2 H16I
471577 -        Intelligence, reason, reverse engineering, or viewing publicly
471578 -        available documents will let them off the hook.  The internet
471579 -        is considered by most to be a publicly available medium.  If
471580 -        you have an agreement for compensation by contract, then it
471581 -        doesn't matter if it is a trade secret or not.  If someone
471582 -        discovers a trade secret in unprotected information, they are
471583 -        normally released from trade secret obligations.  You don't
471584 -        have Non Disclosure agreements with many people with whom you
471585 -        have discussed SDS.  (Me for example).  This constitutes a
471586 -        public disclosure. Be careful.
471588 -              ..
471589 -             Not sure concern in this case is "theft," but rather
471590 -             improper disclosure to others after technology transfer
471591 -             has been accomplished, as contemplated by the proposal
471592 -             under consideration with Jerry Nord at CSG.
471594 -              ..
471595 -             Morris reported on 980723 that SDS is difficult to reverse
471596 -             engineer. ref SDS 7 3744
471597 -
471598 -                [...in another record today, discussed this issue with
471599 -                Jerry Nord, ref SDS 21 K37T, and set task to clarify
471600 -                the issue in the final agreement. and ref SDS 21 EY4S
471602 -              ..
471603 -             We have taken steps to protect the secret of SDS by not
471604 -             giving out the program, except under terms that require
471605 -             others to acknowledge they don't have independent
471606 -             knowledge of SDS capablities listed on 000831, illustrated
471607 -             by agreements with Gary Johnson on 030126. ref SDS 15 TS5H
471608 -             We are now contemplating a similar agreement with Jerry
471609 -             Nord, shown by the record on 030611. ref SDS 19 K37T
471610 -
471612 -         ..
471613 -    3.  As you know, letters are typically not enforceable as
471614 -        contracts. They are one way communications that express views
471615 -        and opinions.  They often contain give and take, and it is a
471616 -        challenge to say which letter or communications represented the
471617 -        parties final agreement.
471619 -              ..
471620 -             Contracts arise verbally, in writing and through conduct.
471621 -             Ultimately, conduct is a major factor to establish
471622 -             contract agreements.
471623 -
471625 -         ..
471626 -    4.  You typically need to have an offer, acceptance, and
471627 -        remuneration to have an enforceable contract.  One party cannot
471628 -        typically state the offer, and the acceptance. Thus signatures
471629 -        are normally required by the accepting party to indicate
471630 -        acceptance of the offer.  Negative conditions are rarely
471631 -        enforceable.  (You agree to this unless...)  This is a problem
471632 -        with so called MOUs.  They are documents along the road to a
471633 -        contract, but often a challenge to enforce by themselves as
471634 -        contracts.
471636 -              ..
471637 -             Morris' point about remuneration is important.
471639 -              ..
471640 -             The record on 030126 explains remuneration in the form of
471641 -             increased income and ownership of SDS to Gary Johnson in
471642 -             exchange for contributing to the SDS project. ref SDS 15
471643 -             EH5O
471644 -
471645 -                [...in another record today, discussed this issue with
471646 -                Jerry Nord, ref SDS 21 K37T, and set task to clarify
471647 -                the issue in the final agreement. and ref SDS 21 EY4S
471649 -              ..
471650 -             Jerry Nord says in a letter on 030604 he is willing to
471651 -             invest time for performing a pilot test of SDS in exchange
471652 -             for opportunity of receiving compensation based upon
471653 -             mutual agreement about the value of his contribution.
471654 -             ref SDS 18 PPUQ  Jerry's letter on 030611 incorporates by
471655 -             express reference terms in the record on 030126 that sets
471656 -             the initial baseline value of $5M for SDS, plus an upside
471657 -             relative to market for wordprocessing software.
471658 -             Remuneration is accomplished through allocation of
471659 -             ownership in SDS.
471661 -              ..
471662 -             These understandings will be adopted in a signed
471663 -             agreement.
471664 -
471665 -                [On 030616 notified Morris his ideas were reviewed with
471666 -                Jerry Nord, and that a draft agreement will be
471667 -                available in a few day, which he can comment further to
471668 -                offer changes on specific language. ref SDS 1 TL6I
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4717 -