16. Copilot Independent Entry

16.1 Concise evidence‑bound paragraph

The contemporaneous documentary record in Exhibits 1–13 demonstrates that Digital Island executed an enterprise services agreement effective November 1, 1996 and undertook active implementation work in Q4 1996. Under the Evidence Vault’s definitions, these dated, executed primary documents establish that an enterprise offering existed prior to the Form S‑1’s January 20, 1997 public announcement. Accordingly, Mark Nichols’s documented Aug 5, 1996 employment under the Digital Island name and his execution of the Cisco agreement in November 1996 support recognizing him as a cofounder who performed formation and offering‑creation work, rather than a marginal or “ghost” figure in the S‑1 narrative【Exhibits 3】【Exhibit 8】【Exhibit 10】.

16.2 Formal CoFounder Statement

Formal CoFounder Statement — Based solely on the dated primary documents assembled in Exhibits 1–13, Mark Nichols joined the organization operating under the Digital Island name on August 5, 1996 and executed the Cisco Systems Remote Data Services Agreement on behalf of Digital Island with an effective date of November 1, 1996 (executed November 7–8, 1996). These contemporaneous corporate filings, employment records, procurement and shipment records, and engineering execution emails document named‑company formation, operational authority, and offering‑creation activity in 1996. Therefore, under the Evidence Vault’s exhibit‑anchored definition of CoFounder (a person who joined during named‑company formation and performed documented formation and offering‑creation work), Mark Nichols meets the criteria for recognition as a cofounder. The Form S‑1’s public‑announcement language describing a January 1997 service start should be treated as a press milestone and not as dispositive evidence that no related offering or cofounding activity occurred in 1996【Exhibits 3】【Exhibits 4】【Exhibit 8】【Exhibit 10】.

16.3 One‑page comparison timeline and two‑sentence conclusion

Timeline (concise)

  • Feb 10, 1994 — SmartVision, Inc. incorporated (predecessor corporate existence)【Exhibit 1】.
  • June–Oct 1996 — Network architecture artifacts and “DIGITAL ISLAND DRAFT.1” created【Exhibit 2】.
  • July 8, 1996 — Fax on Digital Island letterhead identifies Allan Leinwand as CTO【Exhibit 13】.
  • Aug 5, 1996 — Mark Nichols employment agreement executed under “Digital Island, Inc.”【Exhibit 3】.
  • Aug 15, 1996 — Certificate of Amendment renames SmartVision to Digital Island, Inc.【Exhibit 4】.
  • Sep 6, 1996 — Hawaii foreign registration for Digital Island, Inc.【Exhibit 5】.
  • Sep–Oct 1996 — Infrastructure procurement and shipments under the Digital Island name【Exhibit 7】.
  • Oct–Dec 1996 — Engineering and operational emails document ISP bring‑up, BGP/AS coordination, and active implementation using @digisle.net identities【Exhibit 10】.
  • Nov 1, 1996 — Cisco Remote Data Services Agreement effective date【Exhibit 8】.
  • Nov 7–8, 1996 — Cisco agreement executed by Digital Island (signed by Mark Nichols)【Exhibit 8】.
  • Nov 7, 1996 — BusinessWeek reports November go‑live and Cisco usage【Exhibit 12】.
  • Dec 19, 1996 — Dated “ISP summary” email documents ISP bring‑up status【Exhibit 10】.
  • Jan 20, 1997 — Press release publicly announces Cisco as a customer【Exhibit 9】.

Conclusion: The executed Cisco agreement and the Q4 1996 implementation record establish contractual and operational existence of an enterprise offering in 1996. Mark Nichols’s Aug 5, 1996 employment and his role signing the November 1996 Cisco agreement support his recognition as a cofounder under the Evidence Vault’s exhibit‑anchored definition【Exhibit 8】【Exhibit 10】.