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: July 23, 2003 03:30 PM Wednesday; Rod Welch

Received Word file from Jerry on Agreement; requested edits by tomorrow.

1...Summary/Objective
2...7 Wonders of the World + 2 + 1 - Explain Advance from IT to Knowledge
3...Word File Received from Jerry Ready for Signature
4...Application Software Support Manager Fits Industry Efforts in KM
5...Customer Support Primary Industry Driver for Knowledge Management
6...Submitted Revised Agreement for Signature by Jerry


..............
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CONTACTS 
0201 - CSG Systems Inc.                                                                                                                                                   O-00000795 0404
020101 - Mr. Jerry J. Nord
0202/- Boeing                                                                                                                                                             O-00000816 0505
020201 - Mr. Garold L. Johnson
020203/- Modeling and Simulation                                                                                                                                          O-00000816 0505
0203 - Thelen, Reid & Priest LLP                                                                                                                                      O-00000043 0201
020301 - Mr. David Buoncristiani, Esq.                                                                                                                                    O-00000043 0201
0204 - Intel Corporation                                                                                                                                                  O-00000704 0201
020401 - Mr. Morris E. Jones;

SUBJECTS
Legal Department CSG Proposes Developing Legal Agreement
Agreement on Using SDS and Participating in SDS Project Requires Memo
Nord, Jerry Will Develop Proposal for Protecting Welch IP
CSG Legal Department Proposes Developing License for SDS Pilot Test
Edits Requested from Morris Jones on Agreement Considering Edits Has
Agreement Non-disclosure SDS Trade Secrets Gary Submits Edits for Agr
Agreement Terms Accepted Prepare for SDS Project Launch Based on Lang
NDA Agreement Trade Secrets with Jerry Nord CSG Dave Review and Comme
CSG NDA Agreement Nord, Jerry Dave Buoncristiani Considering Edits IP
Legal Review NDA Agreement Dave Buoncristiani Considering Edits IP In
CSG NDA Agreement Nord, Jerry Dave Buoncristiani Considering Edits IP
Nord, Jerry Agreement Phase 1 to Evaluate SDS Business Opporutnity Un

4814 -
4814 -    ..
4815 - Summary/Objective
4816 -
481601 - Follow up
481602 -
481603 - x0001 ;0001 Follow up ref SDS 76 0000. ref SDS 75 0000.
481604 -
481605 - Called Morris and discussed for at least an hour edits on the
481606 - non-disclosure Agreement. ref OF 1 0001,
481608 -  ..
481609 - Morris indicated that protecting SDS trade secrets is difficult, and
481610 - commented that an agreement to prohibit technology transfer can be
481611 - effective.  Don't know if he will submit anything on this.
481613 -  ..
481614 - On 030612, protection of technology transfer was agreed with Jerry
481615 - ref SDS 62 UP4N; this protection is recognized in the Agreement as the
481616 - primary IP issue, ref OF 1 DW4J, and is discussed again in section 4.
481617 - ref OF 1 0449    Agreement in Appendix A on defining scope of SDS
481618 - trade secrets demonstrates the parties mutually intend to protect
481619 - Welch IP, as agreed on 030612. ref SDS 62 E55I
481621 -  ..
481622 - Morris discussed the record showing that people need experience
481623 - working with SDS in order to understand new capability for converting
481624 - information into knowledge.  Without experience, description and
481625 - exposition in language and diagrams do not impart meaning, reflecting
481626 - Morris analysis on 010924 saying that nobody uses other software the
481627 - way SDS is used. ref SDS 37 XT5F  This aligns with comments on 911123
481628 - saying that SDS enables a new way of working that is different from
481629 - the way people do things. ref SDS 3 4930
481631 -  ..
481632 - Called and talked to Dave Buoncristiani at Thelen, Reid & Priest.
481634 -  ..
481635 - Dave will take a look at the proposed NDA and let me know if he has
481636 - any comments, per planning on 000831. ref SDS 30 0001
481638 -  ..
481639 - Sent ref DIT 1 0001 to Dave saying....
481640 -
481641 -    1.  Per our telecon, please look through draft non-disclosure
481642 -        Agreement, ref OF 1 0001, with Appendix A defining SDS trade
481643 -        secrets. ref OF 1 0002  Per planning yesterday, on 030722,
481644 -        ref SDS 76 YQ38, this Agreement is to be incorporated into
481645 -        Recipient's (Jerry Nord) IP agreement with CSG for broader
481646 -        protection. ref SDS 76 MV6F
481648 -           ..
481649 -          [On 030725 Dave submitted comments. ref SDS 79 0001
481651 -  ..
481652 - Possibly we would want to expressly call out this provision in the
481653 - base Agreement, however, we have control by not distributing the
481654 - software until the modified NDA between Jerry and CSG is received.
481656 -  ..
481657 - Letter to Dave continues...
481658 -
481659 -    2.  Any issues that jump out that may need more work would be
481660 -        appreciated, with the understanding this is not your area of
481661 -        the law. ref DIT 1 OZ6L
481663 -         ..
481664 -    3.  For background, I was approached on 030711 by the manager of a
481665 -        software engineering department with a proposal to do a
481666 -        business deal and participate in SDS. ref SDS 60 PPUQ  Trying
481667 -        to get that done in relation to his company that develops and
481668 -        markets software, ref DIT 1 NN6M, led on July 8 to deciding on
481669 -        a two (2) phase effort, with the first step product and
481670 -        business evaluation, as further shown in the record on July 8.
481671 -        ref SDS 69 NM3F
481673 -         ..
481674 -    4.  Please recall from our discussion on 990419 that, if you click
481675 -        on a link, only read a sentence or two, or at most a few para,
481676 -        then click back to the original source, ref SDS 17 5Y70,
481677 -        similar to checking a citation in a brief. ref DIT 1 NW8F
481679 -         ..
481680 -    5.  Thanks very much for input.
481682 -         ..
481683 -    6.  Post Script
481684 -
481685 -        As we discussed, this effort to develop an Agreement to protect
481686 -        Intellectual Property in SDS is based on our telecon on 000831.
481687 -        ref SDS 30 ET77
481688 -
481690 -  ..
481691 - Gary called in the late morning and suggested following
481692 - edits....
481693 -
481694 -    1.  Appendix A introduction in about the 6th para change
481695 -        "intelligence" to "SDS intelligence process." ref OF 1 Y06L
481696 -
481697 -        We discussed this at some length.  The change seems redundant;
481698 -        but, Gary feels strongly about it, so made that change.
481700 -         ..
481701 -    2.  Appendix A section 2 about 4th para "listening. -- needs an
481702 -        ending quote -- "listening." ref OF 1 TT4M
481704 -         ..
481705 -        Made that change.
481707 -         ..
481708 -    3.  Appendix A section 2 about 4th para end of last sentence has a
481709 -        misspelling on "deliberative annalysis" -- needs correction to
481710 -        spell "analysis." ref OF 1 TT4M
481712 -         ..
481713 -        Gary included this in his letter later today. ref DRP 8 SI5H
481715 -         ..
481716 -        Made that change.
481718 -         ..
481719 -    4.  Gary proposes moving explanation of background on evolution
481720 -        from orality to literacy leading to information technology,
481721 -        that SDS now begins to evolve toward knowledge. ref OF 1 124J
481722 -        He feels having this in the general introduction is more
481723 -        effective to build a theory of knowledge step by step.  I
481724 -        agree.
481726 -         ..
481727 -        Decided for now not to make this change in this document.
481729 -         ..
481730 -        We further decided that this Appendix provides a path for
481731 -        developing an SRS, and that task can apply the ideas Gary has
481732 -        in mind on this point.
481733 -
481734 -            [On 040216 Gary begins review of SDS record design that
481735 -            supports SRS for next generation of SDS. ref SDS 80 U93F
481736 -
481738 -  ..
481739 - After the call this morning, got a letter, ref DRP 8 0001, from Gary
481740 - with following additional edits...
481742 -         ..
481743 -    5.  Actually, Gary did not propose this, but I changed the second
481744 -        para in Secton 2 of Appendix A from "popularly called" to
481745 -        "commonly called" because "popular" is used in the next
481746 -        sentence, so literation works better, at least for me.
481747 -        ref OF 1 YW7F
481749 -         ..
481750 -    6.  Gary suggests changing section 2 of the NDA from "evaluating
481751 -        opportunity" to "evaluating the opportunity"... ref DRP 8 LX5M
481753 -         ..
481754 -        Made this change as follows...
481755 -
481756 -           Current wording....
481757 -
481758 -              ....evaluating opportunity of forming a business with
481759 -              Disclosing Party. ref OF 1 0399
481761 -            ..
481762 -           Changed to....
481763 -
481764 -              ....evaluating the opportunity to form a business with
481765 -              Disclosing Party. ref OF 1 0399
481766 -
481768 -         ..
481769 -    7.  Gary suggests changing Article 2 Section 3....
481770 -
481771 -           do the same.  Recipient shall only disclose the Confidential
481772 -           Information to those officers, directors, employees and,...
481773 -           ref DRP 8 OS6J
481774 -
481775 -        ...by moving "only" from between "shall" and "disclose" to
481776 -        between "Information" and "to"....
481777 -
481778 -           do the same.  Recipient shall disclose the Confidential
481779 -           Information only to those officers, directors, employees
481780 -           and.... ref OF 1 WT83
481782 -         ..
481783 -        Made this change.
481785 -         ..
481786 -    8.  Dates not consistent in Article two Section 4 because one place
481787 -        shows January 31, 2004 and another place says February 28,
481788 -        2004. ref DRP 8 RX7K
481790 -         ..
481791 -        Corrected this problem. ref OF 1 0449
481793 -         ..
481794 -    9.  Spelling error in Section 4 "termianted" should be "terminated.
481795 -        ref DRP 8 728I
481797 -         ..
481798 -        Made this correction. ref OF 1 0449
481800 -         ..
481801 -   10.  Syntax error -- change "Modern technology ... have greatly
481802 -        increased" to "...has greatly increased." ref DRP 8 EO4I
481804 -         ..
481805 -        Made this correction. ref OF 1 YW4F
481807 -         ..
481808 -   11.  Syntax error --- change "new way of working for capturing a
481809 -        continuous chronology," to ...new way of working by capturing"
481810 -        ... ref DRP 8 XE4H
481812 -         ..
481813 -        Made this correction. ref OF 1 Y06L
481815 -         ..
481816 -   12.  Punctuation error -- change "documents" with a new paradigm of
481817 -        Knowledge Space." to "documents" with a new paradigm of
481818 -        "Knowledge Space". ref DRP 8 KV6G
481820 -         ..
481821 -        Made this correction. ref OF 1 Y09V
481823 -         ..
481824 -   13.  Spelling error -- change "expreience supported by..." to
481825 -        "experience" ... ref DRP 8 J63F
481827 -         ..
481828 -        Made this correction. ref OF 1 Y06L
481830 -         ..
481831 -   14.  Spelling error -- change "discussed in the liturature..." to
481832 -        "discussed in the literature", ref DRP 8 593O
481834 -         ..
481835 -        Made this correction. ref OF 1 Y09V
481837 -         ..
481838 -   15.  Spelling error -- change "technology for producting
481839 -        information..." to "technology for producing ..." ref DRP 8
481840 -        OE4N
481842 -         ..
481843 -        Made this correction. ref OF 1 YW7F
481845 -  ..
481846 - Ran spell check again. ref OF 1 0001
481847 -
481848 -
481850 -  ..
481851 - 7 Wonders of the World + 2 + 1 - Explain Advance from IT to Knowledge
481852 -
481853 - Gary called in the afternoon, and related an idea that Appendix A of
481854 - the Agreement prepared to define SDS technology offers a framework for
481855 - an SRS, and more importantly for a 20 minute presentation to explain
481856 - the SDS program.  He feels people can get the idea of historical
481857 - evolution in human systems from orality to literacy, and now SDS
481858 - enables transformation to a culture of knowledge.
481860 -  ..
481861 - We looked at the paper on publications that touches on this idea in a
481862 - humorous way. ref OF 15 0001
481864 -  ..
481865 - Would be interesting to see if the 7 wonders of the world paper
481866 - catches the interest of Jerry's son.  He mentioned yesterday that his
481867 - oldest boy has looked at POIMS -- maybe these ideas can take root at
481868 - an early age when a young mind does not have quite so much to unlearn
481869 - in order to advance toward a culture of knowledge.
481871 -  ..
481872 - This essay started as a school project; possibly, Jerry's kids would
481873 - see an opportunity to fashion a report of some kind for a class
481874 - assignment.
481875 -
481876 -
481877 -
481879 -  ..
481880 - Word File Received from Jerry Ready for Signature
481881 -
481882 - Received ref DRP 9 0001 from Jerry in the afternoon saying....
481883 -
481884 -      I have made minor change defining who I am.  Otherwise, all is in
481885 -      order.  I am attaching the agreement for your review.  If you
481886 -      provide me a fax number, I will print out a copy of the Word
481887 -      document, sign and date it, and fax it to you.  Look forward to
481888 -      proceeding...
481890 -  ..
481891 - Reviewed Word file, and it looks fine.
481893 -  ..
481894 - Sent Jerry a reply with planning to submit final edits tomorrow.
481895 -
481896 -    [...below, completed edits and submitted to Jerry for final review
481897 -    and to re-constitute the Word file for signature. ref SDS 0 ZQ9W
481898 -
481899 -    [On 030724 developed ideas for amendments. ref SDS 78 RU8P
481900 -
481901 -
481902 -
481903 -
481904 -
481905 -
4820 -

SUBJECTS
Title Application Software Support Manager Assignment at CS
Assignment Jerry Nord Manager Application Software Support Work Use S
SDS Applications Scope of Marketing Appeal to Different Customers and
Synergy Jerry's Assignment in Applciations Software Support Provides

6206 -
620701 -  ..
620702 - Application Software Support Manager Fits Industry Efforts in KM
620703 - Customer Support Primary Industry Driver for Knowledge Management
620704 -
620705 - Follow up ref SDS 75 NM3F.
620706 -
620707 - The change that Jerry made is in para 3 that now says....
620708 -
620709 -         Recipient is employed as an Application Software Support
620710 -         manager for a company, CSG, in Omaha, Nebraska. CSG develops
620711 -         and markets software products and provides billing and
620712 -         provisioning services to Cable and Telephony customers.
620713 -         ref OF 1 BK9R
620715 -  ..
620716 - Turns out that customer support in many fields, including software,
620717 - health, insurance, maintenance and so on are good applications for SDS
620718 - because each group strives to maintain a record of work history that
620719 - enables people to solve problems quickly and accurately.  This often
620720 - begins with capturing a record of calls, as occurs, for example, in
620721 - call centers.  The problem is that complicated issues are hard to
620722 - follow the line of effort in the record, so each new support person
620723 - has to start over, and this in turn balloons the record, making it
620724 - impossible to discern any benefit from the record, thereby turning an
620725 - asset into a liability using conventional technology, e.g., Primus,
620726 - per below. ref SDS 0 7E3M
620728 -  ..
620729 - On 020718 Jerry and I discussed SDS applications, ref SDS 75 NM3F,
620730 - based on ideas Jerry submitted on 030716. ref SDS 73 NM3F  The last
620731 - thing listed is a reference to "other" applications, ref SDS 75 PZ6N,
620732 - which in turn points to a listing of typical applications for SDS
620733 - reported on 020708.  The list on 020708 shows "customer support" is a
620734 - common use of SDS, and gives examples to illustrate using SDS.
620735 - ref SDS 44 345G
620737 -  ..
620738 - The Typical Day Scenario (TDS) contains a number of use cases.  One of
620739 - them is on customer support for software applications working with
620740 - Microsoft. ref OF 9 05KL  The TDS scenario is a composite of many case
620741 - histories in the SDS record showing how using SDS has helped a
620742 - vendor's customer support team solve problems when the tools they use
620743 - are ineffective, as listed on 020708. ref SDS 44 345G
620745 -  ..
620746 - TDS summarizes this point in the Microsoft hypothetical. ref OF 9 XP5H
620748 -  ..
620749 - On 021011 Greg Oxton with CSI noted the nexus between SDS and the
620750 - growing need in the customer support industry for a stronger solution.
620751 - ref SDS 49 MU9I  Later, on 030103 Greg reported that Primus is
620752 - commonly used for technical support, but doesn't work very well.
620753 - ref SDS 51 O969  Our subsequent meeting earlier this year on 030107
620754 - shows opportunities for improvement by using SDS. ref SDS 52 0001
620755 -
620757 -  ..
620758 - If time permits, Jerry might review Greg's comments on challenges
620759 - people face to improve customer support. ref SDS 52 O969
620760 -
620761 -     [On 030724 Jerry reviewed the record and offered support.
620762 -     ref SDS 78 4U8J
620764 -  ..
620765 - Earlier on 991229 Bruce Newland at Earthlink Customer Service reported
620766 - that SDS works very well. ref SDS 24 0001  Subsequently, on 020606
620767 - Brenda Cannon at Microsoft reported that SDS is "pretty neat," and
620768 - works better than technology Microsoft is using. ref SDS 42 L99K
620770 -  ..
620771 - More broadly, it appears that the customer and technical support
620772 - industry has been the primary source of financial support for the KM
620773 - industry, yet on 020608 IBM reported research showing KM has failed.
620774 - ref SDS 43 QV5G  When trusted vendors like IBM, Oracle, Microsoft and
620775 - Primus fail, this causes people to give up on improving the work;
620776 - people take the attitude that Knowledge Management cannot be done,
620777 - illustrated by the record on 010426. ref SDS 34 657O
620779 -  ..
620780 - On 001130 IBM reported failure to transform Lotus Notes into a KM
620781 - support tool, which were calling Raven, occurred because engineers
620782 - could not agree on a meaning of "knowledge management," ref SDS 32
620783 - F26K, reflecting the common problem that people cannot distinguish
620784 - between information and knowledge, even experts, shown on 000503,
620785 - ref SDS 26 5033, and citing original problem reported on 940722.
620786 - ref SDS 9 8388
620787 -
620788 -     [On 030724 Jerry reports objecting to conclusion that Raven failed
620789 -     to support KM, then concludes with opinion that Raven supports
620790 -     Microsoft Outlook, which is excellent information technology that
620791 -     causes information overload, rather than provide support for KM.
620792 -     ref SDS 78 DF9M
620794 -  ..
620795 - That is one reason why we are starting the effort with Jerry and CSG
620796 - with a lot of attention in the Agreement to explain how knowledge is
620797 - different from information. ref OF 1 0002  In the beginning these
620798 - explanations seem etheral.  Gary at Aerospace company reports that when
620799 - people gain experience using SDS the meaning of the explanations
620800 - become more real.
620801 -
620802 -
620803 -
620805 -  ..
6209 -
6210 -
6211 - 1945
6212 -
621201 - Called and talked briefly to Jerry at home this evening about the
621202 - opportunity he is taking up by "studying what works."  For some
621203 - reason, IBM, Microsoft, and others have missed this opportunity.
621205 -  ..
621206 - Explained will submit edits this evening on the NDA, per above.
621207 - ref SDS 0 XU4L
621209 -  ..
621210 - As discussed on 030612, Jerry's idea to develop training and support
621211 - for SDS is the key to deployment of any KM solution, ref SDS 62 01WR,
621212 - and citing prior analysis on 030611. ref SDS 60 SG6V  Now it turns out
621213 - today, that Jerry's professional work is both a key target for this
621214 - support, and for developing a support regimen.
621216 -  ..
621217 - This combination creates a lot of potential for synergy between
621218 - learning, developing and applying SDS and Com Metrics.  On 010924
621219 - Morris noted that SDS has succeeded where others have failed because
621220 - this synergy drove discovery and development. ref SDS 37 NK4J  Now, it
621221 - may be possible to replicate that synergy on a larger scale to ramp up
621222 - the prototype to a product that can help a lot of people.
621223 -
621224 -
621225 -
621227 -  ..
6213 -
6214 -
6215 - 2347
6216 -
621601 - Submitted Revised Agreement for Signature by Jerry
621602 -
621603 - Per planning above, ref SDS 0 MU7K, sent email to Jerry with link to
621604 - this record showing changes made to NDA, and cited this section on
621605 - application to customer support.
621607 -  ..
621608 - Asked Jerry to re-submit the revised Word file of the Agreement,
621609 - ref OF 1 0001, and to fax the printed version of the Agreement with
621610 - his signature to Millie's fax number, along with an updated agreement
621611 - Jerry has with CSG listing SDS as an excluded technology, per planning
621612 - on 030722, ref SDS 76 MV6F, citing prior understandings on 030708.
621613 - ref SDS 69 NO4N  The form received on 030630 seems fine for this
621614 - purpose. ref SDS 66 0001
621616 -  ..
621617 - Added this non-disclosure Agreement to the list of SDS foundational
621618 - documents that are automatically entered in the record with macro 0091
621619 - developed on 030429. ref SDS 53 FZ4F
621620 -
621621 -     [On 030724 received signed Agreement via fax, ref SDS 78 0001;
621622 -     note pending issues from Jerry, ref SDS 78 HI3K, including revised
621623 -     Word file. ref SDS 78 G55J
621625 -      ..
621626 -     [On 030724 Jerry notes CSG agreement is still pending. ref SDS 78
621627 -     HI3K
621629 -      ..
621630 -     [On 030724 developed ideas for amendments. ref SDS 78 RU8P
621631 -
621632 -
621633 -
621634 -
621635 -
621636 -
621637 -
621638 -
621639 -
621640 -
621641 -
621642 -
621643 -
6217 -
Distribution. . . . See "CONTACTS"