To:
`Milton Diaz[mdiaz@bbitv.com]
`From:
`Nicole Nestel[nicole@nicolenestel.com]
`Sent:
`Thur 4/29/2004 6:56:54 PM (UTC-07:00)
`Subject: RE: BBiTV community classified - questions
`
`Okay, I made almost all of the changes but was a little unsure what to do about the n2bb area. I think that
`they use the term, N2 Network? , to cover the whole range of their application set. I wasn't certain as to
`exactly what products of it we will be using, but from your description it sounds like we will not use the
`whole of the N2 Network suite, but a specific subset, perhaps just the Xport Producer product?
`
` _____
`
`N2Broadband - N2 Broadband will provide the backend systems and applications dedicated to encoding,
`packaging and managing on-demand. (Nicole this section needs to be rewritten. We are not actually
`using the N2 Network (as far as I know...) We are using their technology to prepare materials for delivery
`to InDemand, who will then provide the transport and delivery service to the actual VOD servers at the
`cable headends. The N2 Network connects video content with cable head-ends, ensuring secure delivery
`and management of content for video-on-demand and other services. BBiTV s internal video production
`and encoding systems are mapped to evolve to using the N2 Network to handle content distribution to the
`video servers (InDemand) and then track distribution and traffic management through their business
`management software. These applications will be managed from the BBiTV s offices and will distribute
`video content through to all cable operators.
`
`-----Original Message-----
`From: Milton Diaz [mailto:mdiaz@bbitv.com]
`Sent: Thursday, April 29, 2004 11:50 AM
`To: 'Nicole Nestel'
`Subject: RE: BBiTV community classified - questions
`
`Nicole
`
`Some quick comments. Use your judgment ones where I inserted a question mark means what do you
`think?
`
`thanks,
`
`mdp
`
`-----Original Message-----
`From: Nicole Nestel [mailto:nicole@nicolenestel.com]
`Sent: Monday, April 26, 2004 9:44 PM
`To: Milton Diaz
`Cc: Kimberly Wall
`Subject: RE: BBiTV community classified - questions
`
`BBiTV EX2130
`DISH v. BBiTV
`IPR2020-01267
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`PROTECTIVE ORDER MATERIAL
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`
`Hi Milton,
`
` I
`
` checked with Glenn, and he agreed on both counts. I'm not familiar with who the current counsel is and
`whether they are accustomed to looking at these kinds of documents, but a review is definitely called for..I
`can write up documents for this and for some other issues, like guidelines for appropriate ads and a
`privacy policy. I agree with your last thought, agreement to terms of service should be checked off with
`each purchase, as you are essentially entering into a new contract each time you purchase a classified.
`
` I
`
` am in the process of writing some functionality requirements, and there are still quite a few loose ends.
`But, I thought I would forward the document-in-progress to both of you so that I could share some of the
`specifications that have been identified from our product meeting, various phone conversations and of
`course Kim's amazing demo!
`
`
`
`Best,
`
`Nicole
`
`-----Original Message-----
`From: Milton Diaz [mailto:mdiaz@bbitv.com]
`Sent: Monday, April 26, 2004 4:53 PM
`To: 'Nicole Nestel'
`Cc: Kimberly Wall
`Subject: RE: BBiTV community classified - questions
`
`Nicole
`
`
`
`These are both interesting issues. My comments below:
`
`
`
`-----Original Message-----
`From: Nicole Nestel [mailto:nicole@nicolenestel.com]
`Sent: Monday, April 26, 2004 6:37 PM
`To: Milton Diaz
`Subject: BBiTV community classified - questions
`
`
`
`Hi Milton,
`
` I
`
`
`
` am writing the functionality requirements and had a couple of questions come up as to business rules.
`
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`1. Do we want revenues to flow into a BBiTV merchant account (perhaps with divisions for each MSO?) I
`got a little more detail from Adstar and their current method is that they book revenue into their own
`merchant account and then do a funds dispersion each month. I think that this is not optimal for BBiTV's
`business model though, I think that BBiTV may want to book as much revenue as possible and be able to
`forecast earnings for that merchant account...I would recommend division numbers because it is
`cumbersome to have multiple merchant accounts, but each MSO will probably want some kind of income
`reporting if there is a rev-share. (MDP) Currently, the business model calls for us to collect all revenue
`and perform a rev-share with each operator. I agree that we should have a single merchant account and
`set up division numbers to support income reporting for each traffic attributable to each market. Please
`confirm with Glenn, but this makes sense to me.
`
`
`
`
`
`2. How to cast the product (I have also mentioned this issue to Glen, asking about his opinion) When you
`have a product which includes an editorial review, this affects whether you can include the revenue in a
`forecast because there is the chance that it will have to be refunded. I looked back over the LookSmart
`Terms of Service agreement because I remember there being a similar issue with that and basically we
`created a TOS that specified that what you were buying was the opportunity to be reviewed and if
`approved you would be listed, with no obligation to definitely be put up. This basically ensured that the
`only time they ever had to refund anyone was for an accidental double purchase (someone hammering
`on the accept payment key and getting a duplicate purchase)/. - Also put a hammerlock on the payment
`button with a 30 second hold to cut down on those impatient people! (MDP) What was Glenn s opinion?
`I think that the TOS concepts you propose are appropriate although we will need to generate a new
`TOS specific to our service and have a current legal review performed. I wonder if any of our counsels
`are up to speed on these issues. We will need to discuss this with Glenn. Did Adstar have a TOS worth
`looking at? In any case, I think we are on the right track. Note that we need to add a TOS presentation
`and confirmation to Kim s prototype I am copying Kim for this reason (I assume this should happen
`when you create your account or access your account for the first time? Would presenting this every time
`you place an ad be overkill?) And I agree with the hammerlock, that should be in the spec.....
`
`
`
`
`
`Does this sound like the right model?
`
`
`
`Best,
`
`Nicole
`
`
`
`example -
`
` Nothing in this TOS Agreement or the Service obligates LookSmart to list, link or otherwise accept your
`site for distribution via the LookSmart Network, to continue listing your web site in the LookSmart
`Network, or to provide priority placement for your listing in search results. If your site is accepted,
`LookSmart reserves the right at any time, in its sole discretion, to determine your site listing's title, URL,
`and site description; to change the content, wording, display and any other characteristic of your listing; to
`remove your listing from the LookSmart Network; to move your listing to a different category or
`subcategory; and to add, change or remove any keywords, comments or annotations.
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