Something final

Posted Jun 21, 2005 22:02 UTC (Tue) by Stats_for_all (guest, #30598) [Link]

In June 1999, Merkey was in a manic phase after releasing the NWFS file system. On LKML, He
was claiming Novell malfeasance in absconding with GPL code. He claims an incriminating Novell
document was part of the filing. This is represented as "Jennings Memoranda--Exhibit 9" of Case
9704-339 and Merkey's First Motion for S[anc]tions.

When LKML list members asked for documentations, he provided step by step instructions for
obtaining the case file, and when Dax Kelson had difficulty securing a copy he offered to fax one
from Timpangonas.

Selections from the "itoaster" and "semantic innovation" threads
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Source 1: www.ussg.iu.edu/hypermail/linux/kernel/9906.3/1125.html
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Dax,
I also just spoke to the Court and they indicated they have a copy of the
document, and that anyone from the public can come in and get a copy of it.
Novell attempted to place the document under seal, but the court rejected
the request. It's a pubic document. I am going to be down at the
courthouse anyway later today. I will pick up a "public" copy and fax it to
you. What's your fax number

Jeff

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Source 2: www.ussg.iu.edu/hypermail/linux/kernel/9906.3/1414.html
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.... I've got originality gushing out of every orifice of my body and always have, but this doesn't
mean that I don't see things clearly. No offense, but you
missed the point.

Also, people who truly innovate are routinely HATED and have NO FRIENDS
because they are different and they go against the status quo (something I
experience every day I get up and go to work). Look at Tesla, Edison,
Pastuer, DaVinci. All of these people were hated in their lives and few
understood their profound vision or the long term impact they would have on
the world.
=====================================================
Source 3: www.ussg.iu.edu/hypermail/linux/kernel/9906.3/1112.html
=======================================================
[on obtaining the court record]
Unfortunately, not directly, but anyone from the public can either call,
fax, or go down in person to the 4th Judicial District Court and obtain a
copy. Novell attempted to have this document sealed. To date, it's a part
of the Court record.
.........................
I can tell you that there are several copies of this
document in the hands of reporters who got it from the Court's file, and
they also are sources of a copy of it. This prohibition applies only to us
becuase of what is in the Novell/TRG settlement agremeent -- if someone
other than us gets their hands on it and publishes it, then that's ok. Lisa
Carricabura of the Salt Lake Tribune has a copy, Maureen O'Gara at client
server news has a copy, and the Wall Street Journal also has a copy.
..........................
They hate me and at every turn they try every stunt in the book to destroy
our company -- I am a former Novell Chief Scientist who defected to NT and
Linux. Fortunately for Linux, however, is that I can reverse engineer any
of their technologies and put them on Linux, and they cannot do squat to
stop me. Trade Secrets claims only give the complaining party 18 months of
relief in the US.
...........................

Posted Jun 25, 2005 3:07 UTC (Sat) by ECP (guest, #30663) [Link]

Read the lawsuit filings Monday afternoon from Merkeylaw.com. You are in for a real eye-opener.

Um, is this the same filing (final settlement between Novell and Wolf Mountain) that is sealed in the Merkey v. Perens et al suit? Not very informative, if it's sealed so nobody can read it...