25 Feb 2007 #0708.html

IP

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Dear Family and Friends,

Welcome to this week's "Thoughtlet."

These words are my personal diary and a weekly review of ideas, beliefs, thoughts, or words that will hopefully be of some benefit to you: my children, my family, and my friends.

"Well, I've been working so hard on my Galveston project, that I'm behind three days in writing this Thoughtlet. I got a disappointing e-mail regarding my Galveston project this afternoon, and so I guess I will worry about adding to the Galveston material after catching up on the Thoughtlet. Although it is from next week, I will include the e-mail and my response here as an introduction to my thoughts about IP, or Intellectual Property Rights. Dr. Bowen Loftin sent me an e-mail which said:

'Roice: Sorry for the delay--there are many alligators in the swamp at this time. We are also looking forward to your visit. Bill Seitz and Bill Merrell do have some concerns about your third slide. I think it will best at this time if you limit your remarks (etc.) to non-proprietary items. Nothing we will present to you is regarded as proprietary. It will be best if the two Bills get acquainted with you without having to worry about any issues of intellectual property at this time. Then we can see where the path takes us. With best regards, Bowen'

I responded with:

'Bowen, Thanks for your comments. I once read an economist summarize life. He wrote people play two types of games: fixed pie games and pie building games. Fixed pie games are where if you get a bigger piece of the pie, they you are somehow taking something from me. So people who play these games never want anyone else to have any pie. Pie building games imply you have an ingredient, and I have an ingredient, and as long as we both put in our ingredients, we can make as many pies as we want to. I always play pie building games, as I am sure you know. However, I have spent a lot of time and effort making sure The Knowledge Backbone(SM), Infinite Grid(SM), Timedex(SM), and Transaction Patterns(SM) are protected IP. Doesn't mean I can't or won't talk about them, it just means when I see them being copied by someone with no published work along these lines, after I've shown it to them, or after I find out they have been downloading lots of related stuff from my web site, and they do not acknowledge the original source, I feel free to play fixed pie games. In addition to these specifics, there are several processes and ideas in the material I've put together which have the potential of being patentable or commercially successful or possibly even could win a large prize. However, unless a patent is applied for, they are commercialized, or are entered into a contest by some organization with sufficient resources to properly pursue the opportunity, they are just ideas, and are of absolutely no commercial value. Therefore, I want to share all of my ingredients with you and your colleagues to see if there is a fit with any of your ingredients, where the end in mind is we can make some really big pies. Not talking about proprietary items means I would pull many of the pages I've prepared as back-up for the meeting from the web, or I would have to have a lawyer with me to make sure I don't say something innovative. This makes no sense to be, because then there is no chance to see if there are any joint pie building ingredients. Lastly, I realize higher education today is largely fixed pie political one-up-man-ship game played by big egos, many of whom have their private commercialization companies on the side. And I'm still idealistic enough to believe this can be changed, at least on specific projects, as long as the value of everyone playing pie-building games is recognized. What I am attempting to state on page 3 is Texas A&M University at Galveston, and the related organizations, can have free access to all of Walden 3-D's IP, as long as it is always acknowledged as Walden 3-D's IP when it is presented anyplace. This is normal operating procedure for peer reviewed papers, and so I see absolutely no problem. Secondly, that TAMU@G has a first right of refusal to patent or otherwise legally protect any of the IP which is recognized to be of value, as long as I have free use of the IP, and we negotiate a reasonable royalty sharing agreement if patents are licensed to others (10% for Walden 3-D, Inc. is what is in my mind, which I believe is about one-third what others request or get). Thirdly, that if there is something TAMU@G is not interested in patenting, and W3D thinks it is worth patenting, and if W3D has the resources to do so, then W3D will still provide a written description of the proposed Patent to TAMU@G to insure there is no interest before proceeding with the patenting process. There is no way to negotiate any of this, unless there are ingredients of value to existing or planned projects at TA&MU@G or affiliated organizations. The only way to know if there are ingredients of any value is for open and frank discussions between people who trust each other. I trust you! I do not know your colleagues, and yet your position insures me there will not be any blatant violation of my trust. And because it is important, with real financial consequences, I think it is important to get this IP stuff on the table on the front-end of the kind of discussions I anticipate we will have. I apologize for not being not knowing how to be more concise in my response to your comments. Does this make sense to you? Where am I going to meet you on Friday, at what specific time, and is it suit & tie or business casual? Best Regards, Roice'

Having grown up on the farm, when I went into the real world I did not really know what IP or the words Intellectual Property meant. However, on my first day of work at Mobil, when I was given the 'normal' set of new employee papers to sign. These papers included a patent release form, which among other things conveyed all IP rights to everything I would ever think, whether at home or at the office, while working at Mobil, to Mobil. I refused to sign the papers. I did not need a lawyer to tell me this was giving up important rights. And after all, I had detailed plans for an interactive 3-D seismic interpretation system, which I had drawn up while a student at the University of Houston.

I was not very popular when I got home that night and told Marti I might not have a job the next day. She was, after all, 4 months pregnant with Roice (we had consciously decided to have our first baby without insurance), and I've learned security is more important to women than to me. Bill Ayres was the HR person who hired me and who I told I would not sign the papers. He had never had anything like this happen before, especially by someone who had been given 3 raises between the time I accepted the position and when I reported to work.

The next day he arranged for me to meet with Bill Ruhle, who was the Chief Technical Geophysicist. Dr. Ruhle questioned me, decided I didn't know much, and told me to go read all back issues of Geophysics and come back and talk to him after I learned what Geophysics is all about. Then he arranged for me to meet with Bob Peacock, the President of Mobil ESC (Exploration Services Center). Bob is a wonderful man. His Dad was one of the early pioneers of geophysics. His brother, Elwin, is an active member of the GSH (Geophysical Society of Houston), and I see him fairly regularly at conventions. Bob listed patiently to me, then he said, 'Roice, just sign the paper. Try to get your ideas implemented inside Mobil, and if you can't, leave the company and do it outside Mobil.'

Looking back I see the depth of wisdom in this advice. First, he knew how hard it would be to get anything new developed inside an oil company. Second, he knew this would meet our immediate needs, especially with a new baby coming. And third, he taught me a most important lesson: 'Jobs are not eternal commitments!' Between allergies and the Federal Government shutting down Nelson Meat Packing Plant, I had to leave the farm. However, it was my understanding that when you took a job, it was for the rest of your life. So this advice turned my whole world upside down. I did not have to work for Mobil for the rest of my life! Although, as I look at friends who stayed at Mobil, and who are retiring with very nice savings accounts, I have wondered if I would not have been better off to have stayed at Mobil. Anyway, that is not my nature. It is my nature to invent and be an entrepreneur.

After I signed the patent release form, giving Mobil my IP, either Bill Ruhle or Bob Peacock arranged for me to visit DRL (Duncanville Research Lab). At Mobil's research lab I met Will Gray, who recently passed away (../0545.html), and Tom Hearst (../9945.html), who became life-long friends and advocates. Tom ended up going to work for Landmark, and both of them were always very complementary of those first discussions back in the summer of 1974.

An interesting irony is that Bob Peacock was later the manager of Mobil Producing Norway. This was when we started marketing Landmark into Norway. He ended up signing off on purchasing several workstations, and this became our second international workstation account after Shell. To provide some context, Landmark received initial funding in December of 1982 (Rob was born in November, just before I left the University of Houston and our insurance). The summer of 1983 Marti and I went to support the EAEG in Oslo, Norway, where I renewed contacts with Mobil Norway. The summer of 1984 the EAEG was in London. Following the convention we took two Landmark III Workstations and put them in the basement of the Sheriton Park Tower in Knightsbridge, which happened to be in part of my last proselyting area when I was on my mission. In ../0324.html I described how a bet made during the first break at this school, sponsored by IHRDC, became the basis of the Shell corporate license of Landmark technology. The summer of 1985 the EAEG (now EAGE) was in Budapest. Mobil was making their corporate decision as to which workstation to purchase based on what was shown behind the Iron Curtain at this convention. However, I think we won the account because Bob Peacock helped write the history of Landmark with his advice in the summer of 1974.

When we were working with the Venture Capitalists to fund Landmark Graphics, I told this story. The Venture Capitalists then went to Mobil and got a copy of their Patent Release form to make sure there was no IP conflict with Mobil, and that Mobil had no rights to the Landmark technologies. I never signed an employment agreement at Landmark, nor HyperMedia, nor Walden 3-D, nor The Bureau of Economic Geology, nor Continuum Resources, nor Dynamic Resources, nor Geophysical Development Corporation. Partly because I was a co-founder of most of these companies, and mostly because of my experience with Mobil Oil and the IP release they wanted me to sign. This is a big deal, if you have any creativity. It needs to be addressed on the front-end of any big project.

And IP isn't just tied to patentable products or processes. It is also tied to integrity and to making sure the facts are straight. Along this line, I receive the following e-mail from Paul on Monday:

'Hi dad, Ran out of time to call last night. I hope to see you this week in Houston. One minor correction on the ant farm Thoughtlet (not a big deal, just FYI). The ant farm itself was a Christmas gift from Kate's sister/mom that was bought at a garage sale in California; it is made by the Discovery Channel brand. The ants were ordered separately from an ant provider in Hurricane Utah; Kate had found them on-line. See ya soon. :) Paul'

Monday was President's Day, and since July 4th is on a Wednesday this year, it was a company holiday. I spent the day working on my Galveston Futures project.

At the office, first thing on Tuesday morning, I was talking to Les, and Fred Hilterman came in to tell us about his Grandson Andrew Smith (Scott Smith's son). One never knows when Fred is pulling your leg. He claims Andrew skipped two grades, and at age 12 is in 8th grade, and has completed college calculus. He gave Les and I an example of how smart he is, as summarized on the drawing below: Fred was taking him to NASA for the day. I asked if Fred was just going to the visitors center, or if he would like me to get a pass into the main campus to meet some of the folks I know down there. Then I realized it was probably too late to arrange for this the same day they are visiting. Fred had forgot about the work I did at NASA when I worked for him at the Seismic Acoustics Lab, and did not know I have kept up connections since then. He certainly did not know about my yet unexecuted Robonat license (../0319.html, ../0325.html, and ../0521.html). The reason it is unexecuted is NASA is still getting a clean agreement on all of the IP that comprises Robonaut.

At 11:00 I drove Les Denham to the GSH luncheon out by Sam LeRoy's office. I had no emotional issues attending this month. Maybe my phobia has passed. I sat down and several folks I know sat by me. I did learn my emotional reaction warning antenna is still working well beyond full capacity. The last person to sit at our table was Scott Singleton of Rock Solid Images. I introduced myself, and he said, 'Oh, I certainly know you!' I responded, 'What have I done to you!' He said, 'Nothing!' I responded, 'A few years ago I met someone at a meeting like this and when he heard my name he said, 'You son-of-a-bitch, you are responsible for me loosing my job!' The guy on my left said, 'Did he really say that!' I replied, 'Yes!' Then Scott said, 'You didn't do anything to me. However, I worked for Energy Innovations before you came in and it became Continuum Resources. I didn't stay with Energy Innovations, and I did keep up with all of the guys who used to work with me. It was a good thing I didn't go to Continuum Resources.' Sometimes I wish I would not have gone to work with Jeff Hume and company. Oh well! Unanticipated consequences of independent decisions! Les did an outstanding job on his presentation on predicting the probability of oil, gas, fizz gas, dead oil (no gas), or water) based on the GDC well log data base. This presentation turned out to be the official unveiling of the new Geokinetics web site, which allows folks to order well log data and specifically A/B probability of gas for a particular location plots using their credit card (see http://www.geodev.com/ab, if you want to spend some money on geophysical results). I went over to Sam LeRoy's office to see some of the geopressure cell work he has recently completed. I also told him about my conversation with Dave Johnson last Thursday (0707.html). I do appreciate Sam's support and ideas.

Wednesday Fred came in and said he spent 6 hours at NASA yon Tuesday. He saw Robonaut, and it was not working. One of his IP stories was his grandson told him 'There are 1 0 people, those who read binary, and those who don't.' Then he said his Grandson asked him if he wanted him to write out his name for him in binary. As far as work went, it was very slow. Because of the gather file that was corrupted when Mike was cleaning up files, I was no hold, and there were no velocities for me to pick. I chose to interpret this as divine intervention, and to use the time to build the TimedexSM for Galveston Futures.

Wednesday evening Paul and Rob came to visit. Paul has an assignment to work for Boeing at NASA for several weeks, and will be down here a few times. It was fun listening to him talk about big companies and how the right hand doesn't know what the left hand is doing, and if they had their IP in order, there would not be near as much consulting work for Paul's company. Paul was driving a red Volkswagon Beetle Convertible. So we had to go out to get ice cream. Everyone had a small toffee blizzard at Dairy Queen, since Maggie Moo's was closed. We also drove down Baker Road past the pig races. It was fun. Wish we saw more of Rob. Wish we saw more of all 10 of you. Oh well.

Friday we received copies of the Geokinetics Employee Handbook. It was full of IP restrictions. For instance, page 14 includes the phrase:

'The employee agrees to use the software only within the terms of the original license and agrees to convey to Geokinetics any intellectual property created with the software and hardware.'

And on page 16 says:

'The employee conveys all intellectual property rights to such material that he or she has to Geokinetics."

And:

'If a password becomes compromised, the employee must change the password immediately and notify Geokinetics of the compromise.'

Needless to say I was not pleased to see this type of change. Fred was also very upset. And later I found out most of the programmers just refused to sign the paper acknowledging receipt of and reading of the Employee Handbook. Richard Verm picked his up when I did, and he just signed the adknowledgement. I read the entire document before I signed it, and I corrected the signing page because they had the word 'date' instead of the word 'data.' I followed up signing it by inviting Mike Dunn into my office for a conversation, which I recorded (see http://www.walden3d.com/thoughtlets/2007/images/070224_Mike_Dunn_IP.MPG). Because this is important, and in case I need confirmation of when this was done, I'm making it available to those of you who read these Thoughtlets. Transcripting the short video, it says:

'Mike: "Are you going to take a picture." Roice: "Yea, I'm taking a picture." Mike: "Can I take my glasses off?" Roice: "If you want to. I just received an employee statement, ahh" Mike: "Handbook." Roice: "Handbook." Mike: "I just got this from Fred." Roice: "In this handbook it specifies that if I use this computer for any personal thing, it is the intellectual property of the company." Mike: "Yea, that's what Fred said." Roice: "I would like to point out that this is not my agreement, that you were the one who hired me, and that you will support me to this effect." Mike: "We've got Unocal's employment agreement." Roice: "I've got two specific points. I wrote a lot of 'An Open Mind,' my book in China on this computer when I was traveling. And I'm trying to get a one million dollar cash advance. That is not the IP of Geokinetics." Mike: "Are you sure?" Roice: "I am positive! Are you in agreement?" Mike: "We don't want the IP, we just want the money." Roice: "Are you in agreement?" Mike: "Yea." Roice: "The second is that when I have not had things to work on I have worked on my Walden 3-D stuff. And you are aware of that, and Lee's aware of it, and Dave's aware of it, and I use this computer. That is my IP. And the third thing is those shelves are full of my IP. And my letter agreement from Dave [Lee (sic)], which I consider trumps everything that's in that employee agreement [handbook (sic)], which I did not agree to, I just signed acknowledging that I read and received it." Mike: "That should have come out as like a draft." Roice: "But all of that stuff is my IP, as per my letter agreement." Mike: "Right." Roice: "OK. Thanks."'

Of course, I do not expect this to ever go to court. Just like it was impossible for Mobil to implement a new idea about interactive 3-D seismic interpretation, Geokinetics is in a growth and consolidation mode, and they do not have time to worry about this type of stuff. However, it is too important not to bring up on the front end of any important project.Of course, I do not expect this to ever go to court. Just like it was impossible for Mobil to implement a new idea about interactive 3-D seismic interpretation, Geokinetics is in a growth and consolidation mode, and they do not have time to worry about this type of stuff. However, it is too important not to bring up on the front end of any important project.

iFor instance, Slide 3 of my Galveston Futures document reads:

' CONFIDENTIAL INFORMATION * This material summarizes 37 years of thinking about how to make the world a better place by improving urban planning. Material is from different presentations. * There are many ideas and processes included herein which will likely be new to those reviewing this presentation – some of which are patentable, and all of which are the proprietary copyrighted information of Walden 3-D, Inc. * This information has been prepared based on a 17 year working relationshp with Dr. R. Bowen Loftin, now the Vice-President and Cheif Executive Officer at Texas A&M University in Galveston, and presupposes a legal document which will: - Insure Walden 3-D, Inc. retains the rights to its proprietary information; - Makes Walden 3-D, Inc. the general contractor for commercial implementation of any components of The Urban Machine selected for Galveston Futures or derivative projects; - Grants general and free access to all of the indices, frameworks, programs, and concepts, which comprise The Urban Machine, to: > Texas A&M University at Galveston. > The Center for Texas Beaches and Shores, > The Institute for Oceans, and Coasts, > The City of Galveston; and lastly - Enables work on exciting and fun projects which make a difference.'

Furthermore, Slide 188 says:

'6.2.5. Key to Define IP Rights for The Urban Machine The Urban Machine's Information Technologies: * Are cutting edge new IT developments. * Some were developed by W3D, and some other places. * Because of up-scaling when using these technologies, it is important to define Intellectual Property Rights on the front end of large information intensive projects. * The Select Phone Licensing Agreement is presented on the next two pages, as an example of today's IP issues: - Note (red) the data are non-transferable and non-commercial. - However, Terms and Conditions of Use specify: "If you have questions or would like to license these products for general access purposes, please call for more information.'

It will be particularly interesting to me to see how the IP rights develop as the discussions on Galveston Futures proceed. I certainly have put a lot of work in on my presentation. It ended up being 375 slides in length, with about 1,500 web pages for indexing. And I do not even have a computer data base tied into the project yet, mostly because Marc Roulston's Mother passed away (she was 84), and he has been out of pocket for a couple of weeks.

Saturday evening, 24 Feb 2007, Andrea and I went to the Adult Session of Stake Conference. Interesting, and I've been around a long time, so things start to sound like I've heard them before. I did write two possible stanzas for Prime Words, based on talks by Gwen Anderson (a) and Coleen Anderson (b):

'Alter: If we come away from the temple unaltered, we have missed a Central part of our worship service Electric feelings as to God we pray (a) Endowment; The magnificent gift Or knowledge we are given When we go to the temple Helps us return to God (b)'

Sunday morning at 10:00 was Stake Conference. Jeff Jurinak, my High Priest Quorum Group Leader, asked me to help with parking cars. Andrea and I were at the church at 9:00, and we parked around the corner so we did not take up a parking space. I was placed at the front entrance, the first person everyone saw as they drove in. I just waved and smiled. It was interesting to watch lines and lines and lines of cars to into the Catholic parking lot across the street. Then to see cars dribble into Stake Conference. Definitely a lot more Catholics than Mormons in Katy. And this was only comparing one Mass with Stake Conference. It was fun to see people wave and smile at me. Sunday afternoon we went to Choir Practice, and in the evening I Home Taught the Minor's. I enjoy sining for them, and they enjoy having me sing. It is mutually beneficial, and it doesn't involve IP."

Since the 38th week of 1996 I have written a weekly "Thoughtlet" (little statements of big thoughts which mean a lot to me). Until the 43rd week of 2004 I sent these out as an e-mail. They were intended to be big thoughts which mean a lot to me. Over time the process evolved into a personal diary. These notes were shared with my family because I know how important the written word can be. Concerned about how easy it is to drift and forget our roots and our potential among all of distractions of daily life, I thought this was a good way to reach those I love. It no longer feels right to send out an e-mail and "force" my kids and my family to be aware of my life and struggles.

Everyone has their own life to lead, and their own struggles to work through. I will continue this effort, and will continue to make my notes publicly accessible (unless I learn of misuse by someone who finds out about them, and then will aggressively pursue a legal remedy to copyright infringement and I will put the Thoughtlets behind a password).

The index to download any of these Thoughtlets is at http://www.walden3d.com/thoughtlets, or you can e-mail me with questions or requests at rnelson@walden3d.com (note if you are not on my e-mail "whitelist" you must send 2 e-mails within 24 hours of each other in order for your e-mail to not be trashed).

With all my love,
Dad
(H. Roice Nelson, Jr.)

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Copyright © 2007 H. Roice Nelson, Jr.