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March 2004

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Subject:
From:
John Burke <[log in to unmask]>
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Date:
Wed, 31 Mar 2004 20:20:23 -0800
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>
> Official OpenMPE Directors Response to the Article of March
> 22, 2004 in
> ComputerWorld
>
> OpenMPE, Inc. was formed as an organization of HPe3000 users,
> vendors and
> consultants shortly after Hewlett-Packard announced in
> November of 2001

<-- big snip-->

I've been at the West Coast Solutions Symposium and have not had a chance to
comment until now.

GREAT RESPONSE!!!

Very professional but also firm. Congratulations to Board.

Two things need clarification.

1. At the end of the "Response ...", it says, "We have been waiting for HP
to announce its roadmap plan since the end of January, and then February,
but so far nothing has been forthcoming." In Mike Paivenen's email of 3/26,
he says, "We did provide a communication timeline to the OpenMPE Board at
the end of January, as promised." In his email of 2/10, Mike also said,
"Last Friday, vCSY met with the OpenMPE Board of Directors to provide them
an update on a couple of the important items on the e3000 end-of-life
roadmap."

So Mike says HP provided what it promised, but the Board says it did not. Or
are we caught in a definition of "what is is"?

2. Earlier in the "Response ...", it says, "HP has told us they want to
share their roadmap and strategy with OpenMPE and has required the Board of
Directors of OpenMPE to agree to a confidentiality agreement to do this."

If this means the Board has already agreed to an NDA, this is a huge
mistake. Five ninths of the Board is being elected in the current election.
At the eleventh hour the Board agrees to an NDA that binds future Board
members? Not good. If elected to the Board, my first action will be a
resolution to rescind the NDA pending renegotiation. Two things are
required: a termination date and a quid-pro-quo. I would also point out that
the bylaws are not at all clear on when the terms of Board members expire so
it could be argued that any actions taken in March are illegal. It is best
to have the new Board deal with this issue as its first order of business.

John Burke
Burke Consulting
Tel: 916-987-0265
e-mail: [log in to unmask]

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