From: Sean E. <sea...@gm...> - 2006-06-09 18:55:25
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Hey guys, I just got off the phone with one of our lawyers with an update about the AOL deal. We sought a settlement, where we would change our name in exchange for AOL waiving any claims against anything we're currently doing (e.g. reverse engineering, providing a third party client, using their icon, etc.). AOL is not willing to do this under the rationale that they've not done the research into finding out everything we're currently doing. They are open to a settlement where we change our name in exchange for a statement waiving any trademark issues they currently have against us, and saying they're not currently aware of anything we're doing that they might have some legal qualms against. The lawyers are currently reviewing all our correspondence with them, to see what they should reasonably know about. Kingant and I also have some e-mail and IMs with AIM's Chief Architect that could indicate that AOL should probably know what we're doing. The lawyers requested the first shot at writing the language for the agreement, and would write it such that if they sue us for something they should already know about, they will have to pay us. All in all, it's fairly weak and less than we hoped for. They reserve the right to sue us for anything they want, other than trademarks; they'll just have to pay us if they're suing us for something they should already know about. The lawyers think this is probably the best we can do. Thoughts? -s. |