- 26 - management techniques to improve worker productivity and efficiency. We interpret the license agreement to include the right to offer SMMT to both managerial and nonmanagerial employees. Calling SMMT a management technique does not mean that it is only available to managerial employees. The purpose of SMMT is to increase productivity and efficiency in the work force. Such improvements would not be possible without providing instruction on SMMT to nonmanagerial employees. Petitioner held weekly SMMT classes for all Nyingma employees. The fact that petitioner only distributed the SMMT manuals to management does not require the conclusion that SMMT was not available to nonmanagerial employees. We find that petitioner licensed SMMT for use by its managerial and nonmanagerial employees. Thus, respondent's expert report understated the value of SMMT. The wide availability of teachings of skillful means reduces the value of SMMT. Petitioner attempts to distinguish between skillful means, which Tulku described in his book with the same name, and the licensed asset, which petitioner refers to as SMMT. Petitioner's witnesses repeatedly referred to the book "Skillful Means" as a general introduction to the practice of Dharma and SMMT as an advanced version. However, petitioner has failed to specifically identify the differences between skillful means and SMMT that would enable us to assess the credibility of its witnesses' testimony. Based on the record before us, we believe that petitioner created an artificial distinction betweenPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011