Becoming a Lawyer:
Aftercomments
Dave Tutelman --
May 21, 2018
I am still in email contact with a few of the people who figured
into this 35-year-old story. I asked them to check it for accuracy and
get back to me with their impressions. Two people did:
- Harvey Cohen was one of the original team members.
- Steve Ellis was the supervisor of the other group in Earl
Jones' department, and soon to become part of the software contract efforts himself.
Both
had interesting recollections. They also had some additions and
corrections. I fixed one of them in the story. The others were not
significant to the story, and explaining the details would have
distracted from the flow of the story. So think of the transgressions as
"poetic license" to which I'm more than willing to plead guilty.
Anyway,
here are some of the things Harvey
and Steve
had to add, along with
comments of my own. You can tell who said what by the color code. And
there are some comments
from me among them.
From Harvey
Thanks for sharing
this. It's fun to look back now. I've added John Dawson to the email
chain.
It's unfortunate I
didn't get your first message a little sooner. I left AT&T Labs
April 30 and trashed lots of old files, including correspondence with
Microsoft from that era. Here's some things I recall off-hand:
- Steve Ellis and I did
several trips together, hunting for applications to be ported to the
3B2. When we visited VisiCorp in San Jose, we were amazed by their
cutting-edge open-plan office arrangement. (Let me assume that was meant
to be sarcastic. "Open plan office arrangement" is a euphemism for
'cube farm'. Or, even worse, the cube farm without any walls, not even
waist-high. And it was hardly a new concept in 1983. My first two jobs
-- at IBM in 1961 and Bell Labs 1962-'66 -- my own desk was in an open
plan office. Bell Labs had ten people in the office with no intervening
walls. My IBM office had several acres of desks with no walls.)
- When we visited Lotus
Development, one of their officers (I think Jonathan Sachs)
picked us up at Boston Airport in the kind of messy and worn Volvo
station wagon a grad student might drive. In light of Lotus' fantastic
business success, this was unexpected. When we mentioned it, he
explained that his new Jaguar was waiting at the dealer, but he'd been
"just too busy to pick it up." The Lotus execs were certainly
interested in AT&T's deep pockets, but their developers were
shocked to learn that we wanted Lotus 1-2-3 to be re-written in C and
to run in a multiuser multiprocess environment. They wanted us to give
them the 3B2 processor instruction set, and the only way they would
port Lotus 1-2-3 was as heavily-optimized assembler with total control
of the machine. (A
software developer would get immediately what Harvey is saying. Anybody
else would not. I started to write an explanation for non-developers,
and quickly devolved to, "Don't even bother trying.")
- Logitech at that time
was primarily a mouse company, but they had the rights to a spreadsheet
that was (IIRC) written in C. When we visited, they had a gaggle of
developers working on other projects around a single large conference
table, with several copies of "The C Programming Language" (including
one in Japanese, which we thought was portentous). (Either 'portentous' or
'pretentious' would be appropriate here.)
- An independent
developer in Utah, Dick
Kreutzer, had a pretty good spreadsheet called UltraCalc.
It written in C and compatible with UNIX. He had visions of becoming
wealthy, and was something of a pain to deal with, but I managed to get
a contract and we actually offered UltraCalc on the 3B2. Meanwhile,
somebody at Western Electric negotiated a separate and more expensive
contract with Kreutzer for the same rights that I had obtained,
illustrating the company motto: "At AT&T, communication is our
business; not our policy." So, Kreutzer may not have gotten rich, but
at least he got paid twice.
- The 3B2 was (IIRC)
originally targeted at the financial community. Of course, the ability
to compute interest is central to this market sector, requiring
floating-point calculation. When Western Electric delivered the 3B2,
their FP co-processor was still in development. Modifying the UNIX
kernel to include a FP emulator was-- for some electropolitical
reason-- anathema to Western Electric, so the 3B2 limped along
performing floating-point calculations with maximum inefficiency in
user space. When it came to computing interest, a vanilla 8088-based
IBM PC could mop the floor with a 3B2. Wall Street was seriously
underwhelmed. (I
don't remember that story. I remember one about Intel's Pentium
floating point co-processor, which was a bug on the released chip. That
sounds to me worse than a late chip. But history shows otherwise for
the only score that counts. The Pentium was a commercial success
anyway.)
- A story not directly
related to the 3B2, but illustrating the state of AT&T's legal
organization, was my first patent. In 1981 I developed an algorithm
that used a speech detector as input and calculated the correct times
to play "audible backchannel responses". The AT&T patent
attorney insisted that software simply could not be patented, and
refused to file an application. I
re-submitted it 20 years later, and it was
granted
From Steve
Thank you for
sharing. I loved it! It is fascinating, well-written and funny. It
brings back so many memories of an exciting year of my life at Bell
Labs, when I found skills I never knew I had and managed to do things
that I never thought I could do. I do remember a great sense of
accomplishment and "never having a dull moment." While my memories of
that year are not as coherent or as detailed as yours, I do have some
comments and anecdotes (some of which may be apocryphal) that I want to
share with you. I also want to say "Hi" to Earl, who was one of the
best teachers I ever had in my career. I agree, Earl was a wonderful
guy to work for. He did good things for my career on at least three
occasions I can think of. (And that's not counting my education in
contract law.) Perhaps the most significant was pushing me back to my
computer technology roots when my other managers were pushing me away
from it and towards management skills. As it worked out, I was happier
as a techie; Earl saw that and restored my confidence and competence as
one. And a few years later, I left management, returned to being an
engineer, and never looked back.
- Either because Earl chose to start the software acquisition
small, with only your group involved at first, or because I and several
of the people in my group didn't want to drop what we were doing to
become software contract negotiators, I and most members of my group
did not attend Paul Hoffman's course in software law. (I had originally written
that the whole department attended. I stand corrected, and fixed that
in the story.) Harvey was
actually a member of my group, not yours, but he volunteered to join
the software acquisition team while remaining a member of my group. (I had also remembered that,
but it wasn't important to anybody but you, me, and Harvey, and would
have distracted from the story.) I,
and the members of my group other than Harvey, did not participate in
either Hoffman's training or the first round of vendor negotiations
that you described. As time went on - probably a matter of a few weeks
after you started - I succumbed to Earl's persuasive powers and agreed
to turn myself and my group into a software acquisition team. That
caused a number of the MTS to leave the group almost immediately,
leaving myself, Harvey and Tom Miesner (a TA at the time, but
subsequently promoted twice to MTS because of his software acquisition
work) as the only contract negotiators in
the group. I later added a contractor to administer our 3B machines.
- I was heavily involved in negotiating for a product called
"PC Connect" from a small software-development firm in Santa Monica, CA
by the name of Locus Computing Corporation. I visited that company
several times to meet with Jerry Popek, President of the
company and a
fairly well-known computer scientist. (Jerry passed away in 2008.)
PC Connect allowed Windows PCs to access and share data with
Unix-based computers, and we desperately wanted that capability for our
3B2's. Well, at some point after we signed the contract, Jerry decided
that we owed him a down payment of $75K in software portation fees, and
he threatened to stop working on the port until we paid him the money.
Somehow - in that year of software contract negotiation, we came to
feel that we could work our way through any obstacle - I manged, within
a day, to get high-level approval for a $75K check to be
cut by Bell Labs purchasing, payable to Locus, and a ticket to LA.
The next morning, I flew out to LA, drove to Santa Monica and met Jerry
for lunch at a beautiful restaurant. We had a lovely meal in the open
air under the glorious California sun. I gave Jerry the check, we shook
hands, and I drove back to the LA airport and caught a late afternoon
flight back to NJ. (Something
you don't say in this account: did the contact call for the payment?)
- Dave, at some point after you left the department, a
meeting took place up in Basking Ridge to review the packaging options
for the 3B software that we had contracted for. I remember that there
were about 20 people at the meeting, including Joe Timko and his
counterparts and their underlings from AT&T Product Management
and Marketing
and
possibly Western Electric.
If I recall correctly, the Bell Labs Technical Writing organization
was charged with designing the packaging, and they brought prototypes
of their proposal to the meeting. As you know, PC software was being
delivered at that time in cardboard "boxes" (resembling books, to fit
on a bookshelf) that contained the software documentation in a thick 8"
high 3-ring binder that slid into an outer shell, with the software on
5.25" floppy disks in a sleeve inside the binder. The Tech
Writing team's design included an attractive combination of gray (for
the outer shell) and rust - or some similar color - for the binder.
They also presented a combination of fonts and "look & feel"
for packaging and documentation with an AT&T look. The only
problem with the design was that, in an attempt to make our packaging
distinctive, the prototypes had a unique feature: there was a small
triangular slice cut out of both sides of the box sleeve on the top.
Not only did this give our software packaging a unique look, it also
made it easier to slide the binder out of the box; other vendors
sometimes cut a half-moon notch out of both sides of the outer box to
accomplish the same thing. Well, the meeting ran on for at least a
couple of hours because neither Joe nor his counterparts were willing to take
responsibility for making the decision as to whether to go with the
triangular notch on the outer box. Everyone knew that it would present
a problem for manufacturing the boxes - even if it was possible to mass
produce cleanly, it would add significant cost - but the VP's didn't
seem to want to say yes or no. I think that the meeting finally ended
without a decision being made. Eventually, down the line, the decision
was made to eliminate the triangular cut-out and to go with a standard
box.
- Another story that I think is worth telling in detail -- by
someone with more inside knowledge than I -- was how late in the process
we realized that, when vendors would start delivering software to us,
we had no way of testing and certifying it. I do remember that,
virtually overnight shortly before the first contracted software was
scheduled to be delivered, Bill Schnarr's department was reorganized
into a software acceptance team.
- Early in 1984, after we had been acquiring software for a
year or so, I was asked to give a status report to Lee Tuomenoksa,
Joe's boss, in his office. Joe Timko was in the meeting, but I
can't say for sure that Earl and Steve Bauman were there. If they
weren't there, I soon found out why. I proudly told Lee that we had
signed contracts committing AT&T to paying around $17M to
software vendors in software portation fees and guaranteed royalties.
The initial look on Lee's face was priceless! I think that Lee might
have fired me on the spot, except for Joe's presence and the respect he
commanded. It was clear to me that Lee didn't fully understand what we
were doing nor why we were doing it, but he accepted Joe's assurance
that it was necessary and proper. Of course, within a month or two of
that meeting, the AT&T Product Management organization wrested
responsibility for software acquisition for the 3B line away from Steve
and Earl, and we were all left to find ourselves other jobs within the
Labs.
Last changed - 5/27/18
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