OSU Trustee president Jeffrey Wadsworth's lobbyist McBee Strategic also lobbies for J.P. Morgan and is partners with Facebook's attorney, Cooley Godward LLP. Chris Glaros, the author of the debunked Waters Report was formerly employed at Gibson Dunn LLP, Facebook's other attorney. Thanks again to Wadsworth's misconduct in the Jon Waters affair, we discover more pointers that link the Leader and Waters mistreatment to the Facebook Cartel and one of its corrupt financiers. Theft of broad Internet patent properties is emerging as a common theme. But still, why target the OSU Marching Band? Go Buckeye Nation! Help us get to the bottom of this corrupt mess. There is obviously a common agenda here, but what is it?
Outraged Buckeye Nation provides new evidence that reveals collusion among certain OSU Trustees to cheat the Ohio State grad who invented social networking
(Aug. 20, 2014)—Buckeye Nation is outraged by the firing of beloved OSU Marching Band Director, Jon Waters. The outrage shows no signs of subsiding. Despite the public outcry, Ohio State Trustees president, Jeffrey Wadsworth “stands firmly” behind the decision.
New facts reveal dramatic detail about Wadsworth and other OSU trustees and their collaborators.
Is the attack on Director Jon Waters and the famed OSU Marching Band a Title IX diversion gone wrong? Some insiders suggest that the trustees sacrificed Waters to divert attention from Athletic Director Gene Smith’s botched Title IX investigations.
Diversion from Gene Smith’s botched Title IX investigations?
Recently, according to Ohio State’s The Lantern, the Title IX coordinator in a Gene Smith investigation, Andrea Goldblum, left her position shortly after Smith fired the cheerleading coaches, including Coach Lenee Buchman. Her reasons for leaving are decidedly rote.
In addition, according to WBNS-10TV, Jon Waters reported the incident that triggered the band investigation to Athletic Director Gene Smith. Waters then took instruction from Smith on how to respond. The response was to disallow both students from future band travel. The woman complained that excluding her from travel unfairly punished her as the victim, so she filed a Title IX complaint. Waters then followed the recommendation of the Title IX coordinator and reinstated her, after which she says she was ostracized by fellow students for having made the complaint. No police report was ever filed, according to 10TV.
Read more about the storied history and tradition of the OSU Marching Band on Wikipedia.
Bottom line, Jon Waters said he reported the incident to the Athletic Department and they decided the response together. Gene Smith says Waters did not. One of them is lying.
It also appears that Drake & Co. played upon the historical jealousy of the OSU School of Music over the Marching Band’s popularity in order to get the cooperation of the provost, Joseph E. Steinmetz, and the music school directors, Richard L. Blatti and Russel C. Mikkelson.
Waters and the OSU Marching Band recently generated $30 million for the music school from the Apple iPad commercial. Those funds were probably a source of jealousy and economic power. Waters was a highly productive innovator who was also showing them up in this departmental music rivalry.
What if OSU mega-donor Leslie Wexner had asked for his Victoria’s Secret models to dot the “i” at midnight ramp?
Attorney Abigail Wexner was appointed as OSU Trustee just 11 days before the Waters firing, along with former Battelle executive Alex R. Fisher.
Ironically, the Waters Report made salacious reference to some OSU band women purchasing underwear from Victoria’s Secret. Numerous OSU buildings are named after Wexner for his donations of Victoria’s Secret profits to OSU. By contrast, the reference to Victoria’s Secret in the Report contributed to a body of now refuted innuendo.
Presumably, had Leslie or Abigail Wexner asked for Victoria’s Secret models to grab sousaphones and dot the “I” during midnight ramp, the university would have publicized the event and negotiated royalties. The double standard is unmistakable.
Actors in this OSU scandal
See the previous post for more information on Wadsworth’s lobbyist, McBee Strategic. At least 12 of McBee Strategic’s clients have contracts with Ohio State. Without a pretty good explanation, this conflict of interest and double-dealing alone should probably get Jeffrey Wadsworth fired. It certainly is an indication of his willingness to play fast and loose with ethical principles.
People who live in glass houses shouldn't throw stones.
We obtained various court records and reached out to sources, including Leader Technologies in Columbus, Ohio, for background on Leader’s past relationships to Battelle and Lawrence Livermore National Laboratory (LLNL). We received a treasure trove of evidence tying Jeffrey Wadsworth, and his former VP, Alex R. Fischer—two Ohio State Trustees—to the misappropriation of Leader’s invention for social networking.
Ironically, Leader’s Chairman and Founder, Michael McKibben, was a four year member and squad leader of OSU’s TBDBITL (“The Best Damn Band in the Land”). McKibben knows Jon Waters and said Waters is one of the University’s most credible ambassadors.
Jon Waters Mentors The Ohio School for the Blind Marching Band
McKibben pointed to Jon Waters’ work with the Ohio School for the Blind as an example. Waters prepared them for the first-ever appearance of a blind marching band in the Tournament of Roses Parade on Jan. 1, 2010. McKibben said, “An insensitive, incompetent, uncaring person doesn’t do that. Jon Waters is a person that the Ohio State administration should be heralding, not firing!”
We’ll start with information that stunned even Leader (you’re welcome!), who had not previously made the association to Wadsworth.
In 2002, Wadsworth, Battelle and LLNL promised to protect Leader Technologies’ secrets, yet appear to have helped give it to Zuckerberg and IBM’s Eclipse Foundation / MOOC
Five sets of documents stood out:
- A 2002 CRADA contract between Leader and LLNL, signed by Wadsworth himself. See Fig. 3 below;
- A 2002 Leader-Battelle email string and business plan PowerPoint, including discussion about Fischer's Battelle subsidiary, OmniViz;
- A 2002 proposal for a IBM / Harvard University Initiative (18 months before Facebook started);
- A 2002 exploration of a business alliance with Alex R. Fischer’s Battelle subsidiary, OmniViz; and
- 2002 nondisclosure agreements signed by Battelle and Lawrence Livermore National Laboratory (LLNL).
The surprise: LLNL-LEADER CRADA – [Jeffrey Wadsworth]
In AFI's review of a Jun. 5, 2002 CRADA (Cooperative Research and Development Agreement) between LLNL and Leader Technologies, we discovered that it had been signed by Jeffrey Wadsworth before he came to Battelle.
Leader's Michael McKibben had not previously made a connection. He said the CRADA relationship with LLNL was facilitated based entirely on the prior relationships of his attorney, James P. Chandler. McKibben said, "I had met with numerous LLNL personnel during the project, but never met Wadsworth. I assumed he was simply an uninvolved LLNL signature authority. That's why his name has never rung a bell with me until you found it."
Full Circle – Back to OSU Provost Joseph E. Steinmetz
Now we have come full circle, back to the data point that triggered this entire investigation:
OSU Provost Joseph E. Steinmetz’s May 2013 article for the Association for Psychological Science heavily promoted Massive Open Online Course (MOOC)—a conception for worldwide global education networking promoted by IBM’s The Eclipse Foundation. See previous post.
Steinmetz’s writings led us to an examination of MOOC vendors at Ohio State, including Oracle and Goggle. Those vendors led us to look into OSU Trustee Jeffrey Wadsworth’s lobbyist, McBee Strategic, and the 12 plum contracts by McBee clients at OSU. McBee’s alliance with Facebook’s Cooley Godward LLP on the failed energy stimulus raised the specter of likely OSU corruption even higher.
The uncanny connection among Wadsworth/Battelle, McKibben/Leader Technologies and the Battelle/LLNL misappropriation of McKibben’s invention into the hands of Zuckerberg, IBM, The Eclipse Foundation and MOOC just popped out!
Alex R. Fischer, Lori Barreres, Battelle, Wadsworth, OSU and Fischer’s surprise resignation in 2009
A tip pointed us to these Fischer facts. Two former Battelle officials figure prominently in the firing of Jon Waters, Alex R. Fischer and Lori Barreres (Fischer).
Governor John Kasich just appointed Alex R. Fischer as an OSU trustee on Jul. 3, 2014, just 11 days before the Waters firing, along with Abigail Wexner. Nothing in Fischer's background, other than his relationship to Wadsworth and Battelle, makes him a particularly notable candidate to be an OSU Trustee.
Fischer’s new wife, Lori Barreras, is a former OSU vice president of human resources. Barreres was recently sworn in as an Ohio civil rights commissioner by another OSU trustee, district court judge Algernon L. Marbley. Marbley and Attorney General Eric H. Holder are mentors to Chris Glaros, the author of the fallacious Waters Report. See NBC4i.com’s Aug. 20, 2014 fact checking.
Fischer and Barreras both worked for Jeffrey Wadsworth at Battelle until their abrupt departures in Mar. 2009
Both Alex R. Fischer and Lori Barreras resigned from Battelle and Wadsworth's employ in March 2009 [shout out to commenter Darren]. Later that year Fischer's wife filed for divorce, according to Franklin County Court records. Battelle documents we obtained further reveal that Fischer said he knew Barreras before she started work for Wadsworth at Battelle in 2005.
The Wexner connection also raises questions of propriety. In various biographies, Fischer cites Leslie Wexner as his mentor. The fact that Fischer and Abigail Wexner joined the OSU Trustees together on Jul. 3, 2014, just 11 days before the firing of Jon Waters, raises more questions about OSU Trustee impartiality and insider dealing.
OSU Trustee Nepotism
Later, as President of the OSU Board of Trustees, Jeffrey Wadsworth appears to have arranged for his two former senior Battelle employees to land plum OSU jobs. Lori Barreras became OSU Vice President of HR, and now Ohio Civil Rights Commissioner, while her new husband, Alexander Ross Fischer, finds himself an OSU Trustee. Can anyone say nepotism? (Using one's position to give cush jobs to family and friends. Not OK in a major public university.)
In a case of turnabout is fair play, these facts could be interpreted as indications of an inappropriate Battelle relationship. But then again, no one knows for sure since we have not heard from Fischer and Barreras themselves.
However, if we use the OSU Trustees’ treatment of Jon Waters as the model for conducting investigations, we would interpret these facts salaciously and fire both Fischer and Barreras immediately.
Bottom line, drawing conclusions from incomplete facts is not fair play. Given the involvement of another OSU trustee, federal judge Algernon L. Marbley, makes this Jon Waters affair all the more suspicious. Federal judges are supposed to be impartial according to their Code of Conduct for U.S. Judges.
Fischer as Chairman of Battelle’s OmniViz figures prominently into the patent theft we cover below.
More proofs of collusion:
The OSU Trustees’ inter-relationships are convoluted, so stick with us.
Chris Glaros is the author of the Waters “sexualized culture” report. Glaros attended Columbia and Stanford. He clerked for then Assistant Attorney General Eric H. Holder, and for Judge Algernon L. Marbley, Southern District of Ohio (Columbus). At the time of his Holder clerkship, Professor James P. Chandler was working closely with Holder and the Justice Department on trade secrets and economic espionage. Chandler even cites Holder in a Mar. 28, 2001 trade secrets conference he sponsored.
Algernon L. Marbley is an OSU Trustee and Southern District Court judge in Columbus. He attended UNC and Northwestern and has taught at OSU and Harvard. He mentored Chris Glaros and swore in Lori Barreras Fischer as an Ohio Civil Rights Commissioner.
Lori Barreras (aka Lori Barreras Crouch) is married to Alexander R. Fischer, appointed OSU Trustee on Jul. 3, 2014, just 11 days before the Waters firing. She was appointed to the Ohio Civil Rights Commission on Oct. 31, 2013 where she was sworn in by Algernon L. Marbley. She most recently served as Asst. VP of Human Resources at OSU. Prior to that she was VP of HR at Battelle, employed by Jeffrey Wadsworth, CEO of Battelle. Barreras attended the University of Arizona
Alex R. Fischer is an OSU Trustee, appointed just 11 days before the Waters firing on Jul. 24, 2014. Fischer was Sr. VP at Battelle, including chairman of a Battelle company, OmniViz. Fischer’s boss was Battelle CEO, Jeffrey Wadsworth. Fischer is married to Lori Barreras who served as V.P. or HR for Battelle under Wadsworth. Fischer attended the University of Tennessee.
Gene Smith is OSU Athletic Director who appears to have botched two recent Title IX investigations, the OSU cheerleaders and the OSU Marching Band. Smith attended Notre Dame.
Jeffrey Wadsworth is president of the OSU Trustees and CEO of Battelle Memorial Institute. Wadsworth attended Sheffield in the UK and worked for the University of California Trustees at Lawrence Livermore National Laboratory (LLNL).
Michael V Drake is president of Ohio State. He attended Stanford. His Stanford medical colleague, Woodrow A. Myers, used his company, Wellpoint, Inc., to spread around political donations liberally in Ohio since 2006, including gifts to Betty Montgomery, whom Drake has appointed to the ongoing Waters probe. Drake has failed to disclose that his other choices for the Jon Waters probe, Arent Fox LLP and David Vaughn, are equally conflicted. See previous post.
Conspiracy to exploit the social networking invention exposed
On Mar. 19, 2002, Jeffrey Wadsworth, then Deputy Director at Lawrence Livermore National Laboratory (LLNL), signed a research and development agreement with Michael McKibben, founder of Leader Technologies.
Copied on that agreement were Leader’s patent attorney and director, Professor James P. Chandler; Major General James E. Freeze (U.S. Army ret.), former #3 at the National Security Agency (NSA); and Leader’s corporate attorney, Kevin Kelso, Fenwick & West LLP (became Facebook's patent and corporate attorney, in addition to numerous other members of IBM's The Eclipse Foundation, which had been started just a few months earlier). Chandler was also IBM's outside patent counsel and worked closely with IBM chief intellectual property counsel, David J. Kappos, who became director of the U.S. Patent Office in 2009.
That agreement, written by Chandler, contained an Appendix C provision whereby Leader “place in trust” hard copies of this LEADER2LEADER invention comprised of “823,150 lines of code.” Programming code is the software version of a book manuscript. Each line is roughly equivalent to a sentence of writing. A good programmer can produce about 200-300 lines of code a day. So 823,150 lines of code represent about 15 person-years of work. Mark Zuckerberg claimed to have written equivalent code to start Facebook in “one to two weeks” at Harvard.
Zuckerberg's claim to have built all of Facebook in "one to two weeks" is not credible, yet no one in the media has investigated these facts. Instead, a gullible public and Wall Street lapdog media has swallowed The Social Networking movie fiction hook, line and sinker.
property theft is justified in the name of "national security"—Didn't you get that memo?
Two years earlier, the purpose of the LLNL agreement was to prove-out McKibben’s (social networking) invention for use in U.S. government applications as a “Rapidly Deployable Security System.” Trouble is, the US government executives liked McKibben's invention so well that they conspired and stole it . . . in the name of "national security."
Battelle elicited the contact with Columbus-based Leader Technologies
On Feb. 21, 2002 Battelle proposed a meeting to explore a business alliance with Leader and a Battelle company named OmniViz. Three weeks later, on Mar. 29, 2002, Leader prepared a 50-page business plan. That plan included a proposed IBM and Harvard “University Initiative” with Battelle.
Three months earlier, on Nov. 29, 2001, IBM and Chandler, with the help of Fenwick & West LLP, had created The Eclipse Foundation with source code whose authorship they were “unable to determine” eighteen months later. That source code from Leader Technologies forms the foundation of the current global education initiative named MOOC. See previous post.
Ohio State’s Provost Joseph E. Steinmetz sang the praises of MOOC in an article for the Association for Psychological Sciences in May 2013 after which Ohio State embraced its MOOC vendors, including Google and Oracle, two clients of OSU Trustee president Jeffrey Wadsworth's lobbyist, McBee Strategic LLC. This is the definition of feathering one's nest. It's an illegal conflict of interest, especially for university officials entrusted with impartiality.
McBee's lobbying partner is Cooley Godward LLP, Facebook's lawyers in Leader v. Facebook whose partner, Donald K. Stern, advised the White House to replace the judge in the Leader case to a Facebook-friendly Obama nominee, Leonard P. Stark, one month before trial. Stark's first act as judge was to allow Facebook to add a new "on-sale bar" claim, and block Leader from conducting addition discovery to prepare its defenses. See Request for Congressional Intervention.
On Jul. 27, 2010, in a split verdict, Leader nevertheless proved that Facebook infringes its patent on 11 of 11 claims and that there is no prior art (the meat of a patent case). Facebook prevailed only on the on-sale bar claim with fabricated evidence which the courts affirmed in lockstep right up to the U.S. Supreme Court. The corruption has become obvious to all knowledgeable observers. However, Eric H. Holder's Justice Department has systematically turning a blind eye to propriety.
All of the judges in the Leader v. Facebook case hold substantial amounts of Facebook interests which they did not disclose, even when asked to do so. Facebook's appeals attorney, Thomas G. Hungar, Gibson Dunn LLP, failed to disclose his conflicting relationships with the appeals judges. Chief Justice John G. Roberts, Jr. failed to disclose his conflicting relationship with Hungar and Gibson Dunn. We're just getting warmed up on this corruption, but we digress.
Steinmetz is the boss of the OSU School of Music which was quick to swoop in to run the band following the Waters firing. The jealousy of the School of Music toward the popularity of the marching band is well-known and deep-seated. Steinmetz appears to have thrown the Music School leadership Richard L. Blatti and Russel C. Mikkelson a bone for not yet known favors.
MOOC evidently had its origins in the Mar. 29, 2002 Leader PowerPoint business plan created by Michael McKibben for Leader’s business opportunity discussions with Battelle.
Facebook’s true origins
This new evidence validates long-held suspicions of widespread collusion among participants in the “Facebook Cartel.” Battelle was long suspected of involvement, but proof was elusive, until the Jon Waters band scandal focused attention on the OSU Trustee President, Jeffrey Wadsworth.
Leader had the idea for a Harvard University Initiative involving IBM and Battelle two years before Facebook went live on Feb. 4, 2004—while Zuckerberg was still in high school.
Alex R. Fischer and Battelle-OmniViz
On Jul. 3, 2014, Alex Fischer was appointed to the OSU Board of Trustees. Fischer's official OSU biography says he was Chairman of OmniViz. However, on Feb. 21, 2002, Leader Technologies prepared a business plan with Battelle-OmniViz for their confidential business discussions.
In addition to the PowerPoint that specifically mentioned OmniViz, Leader also provided a copy of email correspondence showing that OmniViz participated in business discussions with Leader on Feb. 25, 2002. Those OmniViz discussions were protected by the nondisclosure agreements. ANY unauthorized use of that information for the benefit of Battelle or OmniViz was prohibited. See Battelle nondisclosure confidentiality agreement.
According to Leader, no one from Battelle or LLNL past or present has ever contacted Leader to license their intellectual property.
Fischer and Battelle went on the commercialize OmniViz and sold the company on Jan. 29, 2007.
AFI had previously received reports that Zuckerberg had a copy of a Leader PowerPoint, but this is our first view of the actual document. It is no wonder that the boy wonder could move so quickly, Leader had already produced “823,150 lines of code” and placed it “in trust” with Chandler, who proceeded to supply it to Jeffrey Wadsworth at LLNL, then Battelle and IBM via The Eclipse Foundation, Chandler's other client, we believe.
Indeed, Chandler's Jun. 05, 2002 letter to Leader confirms that he gave the source code to Fenwick & West LLP (Kevin Kelso) and retired NSA chief, General James E. Freeze. Many Fenwick clients are members of The Eclipse Foundation, and suspiciously, Fenwick became Facebook's patent and corporate attorney several years later.
Fenwick has filed hundreds of patents for Facebook starting in about 2007. Also illegal, Fenwick did not disclose their knowledge of Leader's invention in any of Facebook/Zuckerberg's filings, which they are required by law to do. Tellingly, they did disclose Leader's patent in two earlier Marc Andreessen patents. Such conduct is the patent equivalent of fraud called "inequitable conduct."
Facebook’s attorneys lied to the court in the Leader v. Facebook patent infringement case that started on Nov. 19, 2008. They told the court they "lost" ALL of Zuckerberg’s hard drives and Harvard emails from 2003-2004. Yet magically, just two days after the Federal Circuit supported a verdict for Facebook based on fabricated evidence never put before the jury, Facebook’s attorneys magically “found” 28 Zuckerberg hard drives and emails in the Paul Ceglia v. Mark Zuckerberg case (see Rose & McGowan depositions). Imagine that.
The perpetrators are clearly hiding their connections to IBM, Battelle, Chandler, Wadsworth, LLNL, ORNL, DoE, NSA, Justice, Holder, The Eclipse Foundation, MOOC, etc. Can anyone say massive hidden agenda? No wonder Washington is dysfunctional. These people are drunk on the power they've accumulated by stealth. See Request for Congressional Intervention.
Prediction – OSU Information Technology “Reorganization”
If OSU allows President Michael V. Drake to remain in office after this Waters debacle, we predict that Drake will announce a reorganization of the OSU Information Technology Office. This will enable his MOOC friends to finish laying their digital pipelines at OSU without interference from “old fashioned” privacy- and security-minded technologists, which were likely blocking their agenda.
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Read more about the storied history and tradition of the OSU Marching Band on Wikipedia.
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