---------- Forwarded message ---------- From: David O'Toole dto1138@gmail.com Date: Fri, Jul 22, 2011 at 3:09 PM Subject: Re: restatement To: John Morrison john.nmi.morrison@gmail.com
Okay John,
"Our goal for MAK was to commercialize the technology and make it available to game makers and video arcades." -- taken from this article by your MAK co-founder: http://www.entrepreneurship.org/en/resource-center/using-sbir-to-bootstrap-y...
Thanks for the lunch offer, but I'm not going to have an off-the-record discussion of any kind with you, I'm not going to look at or discuss code you've been working on that possibly violates a non-compete agreement still in force, and I'm not going to discuss my own future plans with someone who might open source "server side stuff" that involves his patent on networked physics simulations:
http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=... http://www.google.com/patents?id=soEoAAAAEBAJ&zoom=4&dq=john%20morri...
Was this patent research funded by public money?
"The U.S. Government has a paid-up license in this invention and the right in limited circumstances to require the patent owner to license others on reasonable terms as provided for by the terms of contract no. DAAH01-91-C-R269 awarded by the Small Business Innovation Research agency (SBIR). This contract in no way limits the rights of non-government entities to request and receive licenses under the invention."
From the Katz article:
"From an entrepreneur's standpoint, what's most remarkable about the SBIR program is that it essentially provides free venture capital from the federal government. Under the program, the government offers up to $850,000 in seed capital, requires no money back, takes no equity in the company, and retains few intellectual property rights to technologies developed with the funds."
I don't think we have anything to discuss.
On Thu, Jul 21, 2011 at 10:20 PM, John Morrison john.nmi.morrison@gmail.com wrote:
The non-compete does not "cover" any software, including anyd unreleased software I have written. It precludes me from competing with that company before that date. Competing means either selling or open sourcing software into the niche market served by that company. I used the term "releasing " to mean either selling or open sourcing.
As to what I want to talk about, I was actually interested in what YOU want to do with respect to Lisp and games. A hobby? A livelihood? An altruistic activity to popularize Lisp? Something else? I hoped a discussion would help both clarify my own thinking and perhaps identify some opportunities for complementary endeavors. But no sweat if it's not your idea of a good time.
-jm
-- John Morrison
On Jul 21, 2011 9:47 PM, "David O'Toole" dto1138@gmail.com wrote:
I could probably sum all this up by saying:
- I don't want to discuss your unreleased work if you can't release
it until the agreement expires, because that fairly obviously signals that it's covered by the agreement.
- I really might give better answers if you told me in more detail
what you want to talk about.
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Hi John,
before discussing things further I would want to be sure that our conversation would not in itself cause a legal problem for me in the future. i maintain a "clean room" for my projects, and left the software industry partly in order to be completely free and clear from any form of non-compete agreement, intellectual property/invention assignment agreements, and non-disclosure, as my ethical precepts disallow them. more to the point, I would need unambiguous assurance that the unreleased code you just mentioned, and any ideas we discuss (whether or not involved in the code, and whether or not i even see the code) will NOT be affected in any way by the agreement still in force between yourself and Mak. - Show quoted text -
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Hello David,
Sorry to be brief. Am on family vacation & using itsy-bitsy phone to reply hopefully only to you. Am working on hopefully industrial strength lisp based simulation/game. Am located in MA. Would love to have a chat about what you're doing & what your goals are. Am under non-compete with simulation company I co-founded & sold (mak.com) - agreement is up 21 Dec this year. Have code in the can - mostly server stuff - but cannot release anything yet. Please reply if interested in chatting - I'll buy.
-jm
-- John Morrison
- Show quoted text -
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David O'Toole