Exhibit K
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`
`
`Page 1 of 3
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`TRADING TECH EXHIBIT 2308
`TRADESTATION v. TRADING TECH
` CBM2015-00179
`
`

`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Rich Friesen <rich@trademan.com>
`Thursday, August 6, 1998 2:13PM
`'Jeffrey Schneider' <jeffreys@dnai.com>
`'Hart, Peter' <PeterHart@scenorama.com>
`creative process/GUI design
`
`The issues being raised in the curent discussion are mostly interface
`design issues, with issues of performance and function which are trading
`related but are software design and technical in nature-like when do trades
`execute relative to the screen display of information.
`
`We need a more software design thinking on this project not less. Even if
`Moses were to continue somehow as a design contributor, I will insist on
`professional UI design contribution.
`
`[Rich .. we are in new territory with our design ... if we can find someone who gets the vision and move it forward, this is a big plus ... if
`we find someone who doesn't get it, and keeps moving us backward (i.e. Kirk Knight) this is a drag on the process. "Professional" can
`be either good or bad and it is not the criteria that is critical to me.]
`
`With him out of the picture, we will
`be even more in need of it.
`
`[Rich ... we need to define "it"]
`
`The interface we currently have is a pretty good representation of the
`ideas you proposed. Now comes the process of testing that interface. The
`first step is working out the problem set and issues to question in
`testing. That means posing and debating what they are, what sort of effect
`a given situation will generate in the interface and what we think about
`it. without a set of assumtions, and scenarios designed to expose the
`assumtions testing becomes an excersice in self congradulation, and largely
`meaningless.
`
`[Rich .. yes]
`
`Sometimes the questions reveal weakness in the design all by themselves.
`sometime they reveal issues which require that work be done to show
`alternatives to people-like the idea of using trader badge icons as buy and
`sell tokens.
`
`[Rich ... yes]
`
`Sometimes the questions reveal that the designers are absolutely sure they
`understand the problem and have the solution-this is the assumtion that
`must be revealed and tested for.
`
`[Rich .. yes]
`
`Your right that non traders will suggest ideas that can't work , I've been
`guilty of it and will be again I'm sure. If you let it go without
`
`CONFIDENTIAL
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`RF0007926
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`Page 2 of 3
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`

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`responding for a bit much is self correcting. If you think of yourself more
`as the client and set requirements which the designers have to fulfill
`we'll get the best out of them -myself included. If we're outside the
`scope of th erequirements a quick nudge to set us straight is all that's
`required, otherwise let it grow a bit and it may surprise you.
`A creative team is another kind of complex adaptive system.
`
`[Rich .. got that right.. Forgive my impatience .. .! am terrible short of time .. with so much to do that is not getting done. To watch
`people go through a process that I have been through seems to be a waste of resources at this time. We don't have a web page up,
`(Time Mag may still come out) I don't have the PitKit defined, we don't have a deal with Moses and Tom, we don't have a business
`plan, etc. Until we are in better shape, the GUI design by non-traders needs to be on the back burner]
`
`If I were a different sort of person, and didn't know you, I would get
`territorial [Rich .. there is no territory ... only things that need to be done.] about your practically signing up some db programmer from
`New
`
`Mexico.
`
`[Rich .. Whoa! You need to understand my style. I will talk to anyone anytime who has potential. I haven't practically signed up
`anyone. I have found someone who is interested. This is like a free option call. We can learn a lot and see if there is a relationship.
`Final decisions need a lot of considerations. I am sorry if I gave the wrong impression. I talked to the guy for half an hour and we
`agreed to talk more. I see part of my job as putting stuff into the top of the funnel]
`
`Let's be deliberate about building our team. Who is he, why is he
`worth traveling to Sante Fe?
`
`[Rich ... This guy is working on NASD screens, and BIOS has a screen that is similar to ours. They have not solved some of the
`problems that we have (although they have framed out the problem and are working on a dead end) plus, I am probably going to
`Santa Fe anyway to talk to the Bios group about their NASD project and to see if we can sell them our GUI... while I am there, it
`makes sense to talk to the database guy who works for BIOS. However, the whole BIOS discussions has some downside and risk that
`needs to be considered before we move on this. We need some discussion]
`
`I'm prepared to believe he is. It's also a
`skill well represented in our region by people I (and no doubt Tom) have
`worked with before. Anyway no offense taken, let's put this together right
`and fast and go.
`
`[Rich .. find the people and let's talk to them. I encourage you to start discussions with anyone who you feel we will need. People I find
`who are of interest, I will pass them off to you (as I did Lundeen) and you can then talk to them.]
`
`Rich
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`CONFIDENTIAL
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`RF0007927
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`Page 3 of 3