The 'Gleasman Differential'? Why didn't he call it that from 1958 to the early 80's? I thought it was called the Triple D...
It seems if there was not an exclusive waiver, that there should have been one. If you or I had invented something exclusive, wouldn't you desire to retain the exclusive rights to it? To negotiate a deal, this would be the ultimate position. Why would it be funny to not want this? Anything else would be a comprise, yes, and might ultimately, be the final result once a deal was closed.