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The next chapter in the Merkey saga
Jeff Merkey claims to have filed
his suit against Bruce Perens, Pamela Jones, Slashdot, and 200 "John
Does". It makes for wild reading. "Perens posted Internet messages
on LWN.net stating to Linux and OSS members that 'Merkey works for SCO,'
and that 'Merkey should be placed in a file of people to be killed'. Merkey
has not or ever worked for SCO or the Canopy Group." Your editor,
strangely enough, is unable to find any comments on the system calling for
anybody to be killed.
(Log in to post comments)
The next chapter in the Merkey saga Posted Jun 22, 2005 4:31 UTC (Wed) by jhardin (guest, #3297) [Link] "... a file of people to be killed" ?
As in, *PLONK*?
Either Mr. Murkey is intentionally misrepresenting in a court filing what a killfile is, or he is just not up-to-speed on common Internet jargon. Can't help with the former, but for the latter here are some references:
http://catb.org/~esr/jargon/html/K/kill-file.html
http://en.wikipedia.org/wiki/Killfile
http://www.hyphenologist.co.uk/killfile/killfilefaq.htm
Also, a running this legal document through a spell checker before making it public would have improved its chances of being taken seriously (granted, at the cost of some of its - surely unintentional - humor value).
Jeff, you're your own worst enemy.
The next chapter in the Merkey saga Posted Jun 22, 2005 4:35 UTC (Wed) by jmaclean (guest, #30606) [Link] Here is Bruce's actual comment.
The next chapter in the Merkey saga Posted Jun 22, 2005 4:42 UTC (Wed) by jachim (guest, #2963) [Link] The guy doesn't even know what RCU is, and he claims to be this great and awesome computer scientist? Give me a break!
The next chapter in the Merkey saga Posted Jun 22, 2005 10:26 UTC (Wed) by vorlon42 (subscriber, #28435) [Link] Ah, but of course he's making intentional misrepresentations in a court filing. Lots of them. Why? Because he's representing himself, so he has no attorney fees for this nonsense, just court costs — which means there is a very substantial inequality indeed when it comes to challenging this bullshit in Mr. Merkey's home court. When you have no ethics, no attorney's fees, and very little risk of a finding against you, it's amazing what kind of crap you'll sign your name to in official court documents.
The next chapter in the Merkey saga Posted Jun 22, 2005 17:19 UTC (Wed) by iabervon (subscriber, #722) [Link] There is still the issue of a five year prison sentence for perjury. If he actually filed this and can be demonstrated to understand the term "email kill file", he could easily get in serious legal trouble.
another day, another killfile Posted Jun 22, 2005 21:50 UTC (Wed) by qu1j0t3 (guest, #25786) [Link] Kurt Wall added Merkey to his killfile, and informed him about it, back on 19 Oct last year.
another day, another killfile Posted Jun 22, 2005 22:19 UTC (Wed) by qu1j0t3 (guest, #25786) [Link] Ditto by Lee Revell. You think Jeff would be familiar with this killfile business by now, wouldn't you, since he clearly combed every post in that thread.
another day, another killfile Posted Jun 23, 2005 15:18 UTC (Thu) by tjw.org (guest, #20716) [Link] > Anyway, thanks for your posts - now I know how to use the kill file in Evolution 2.0.
You must consider the fact that Mr. Merky could believe that "Evolution 2.0" is an application designed for maintaining one's list of people to assassinate.
The next chapter in the Merkey saga Posted Jul 2, 2005 2:01 UTC (Sat) by vnj (guest, #30787) [Link] Let's remember who we are dealing with. Read Judge Anthony W. Schofield's "Findings of Fact" in a case regarding Jeff Merkey:In the 4th Judicial District Court, Utah County, State of Utah Case Number: 970400339 DATED: January 30, 1998 Anthony W. Schofield, Judge FINDINGS OF FACT I find that the following facts have been proven by a preponderance of the evidence: 124. In fact, however, Merkey is not just prone to exaggeration, he also is and can be deceptive, not only to his adversaries, but also to his own partners, his business associates and to the court. He deliberately describes his own, separate reality. 131. While it is human nature for each of us to put our own spin on events which we observe...Merkey nonetheless regularly exaggerates or lies in his comments to others about events happening around him. It is as though he is creating his own separate reality. 135. Given his penchant for creating a separate reality and for deliberate misrepresentation, I find Merkey's claim ... unreliable. Rather, he wanted to have the benefit of both worlds -- his world actually working on a clustering model based upon the Novell architecture -- but also a world in which he could claim that he was not using or misappropriating Novell confidential technical information. 146. Merkey asserts that he did not fit in at Novell because he had a different ethnic or religious background than most of the Novell workers. This claim was not supported by any meaningful evidence. [note: emphasis mine] Sound familiar? There is plenty more. And remember: this is a judge making these statements. I have no idea if Mr. Jeff Merkey's claims are true, but would you trust this guy? You can find the original document here (for a fee) or read a copy at Gorklaw.
The next chapter in the Merkey saga Posted Jun 22, 2005 4:40 UTC (Wed) by jachim (guest, #2963) [Link] Add my name to the list, but this guy is nuts!
When did anyone ever attack him for being a Mormon?
I don't see PJ "predominantly promoting messages of hatred and violence" against Mormons.
Since when is Google Bombing and Google Spamming an "unlawful practice" that tampers with "hosting computers"? Granted it "tampers" with a search engine, but why does he care?
So, Merkey is this great and awesome contributor to Linux and Bruce Perens "claims to be a principal leader" in the Open Source Community.
Paragraphs 39 and 40 are downright outrageous.
41 parrots SCO's lines.
Linux empowers Al-Qaida, damn it!
And it allows the creation of MWDs. Send to troops to Finland!
OSS allows the creation of MPEG movies of terrorist beheadings, so it MUST be bad! (Funny, he doesn't say anything about the knife technology that did the actual beheadings. Seems like the knife makers are much more intimately involved with the terrorists.)
Linux advocates are trying to overthrow whole governments (and the whole of the EU, too!)
"Almost all of the companies" attacked by Bruce, PJ, Groklaw, Slashdot, et al are Mormon companies. Well, if "almost all" of them are, doesn't the fact that some aren't prove that it's not about religion?
The whole $50K buyout thing was Alan Cox's idea! (First I've heard that. Could be true, but I seriously doubt it.)
Merkey may not have ever worked for SCO, but if he isn't a shill, I don't know what is.
What the heck does "wold spoil ate" mean (paragraph 74)?
(Is JM a lawyer? If not, who drafted this filing for him? Certainly reads like a lawyer wrote it.)
The whole thing reminds me of the Monty Python Fish License sketch:
The next chapter in the Merkey saga Posted Jun 22, 2005 6:28 UTC (Wed) by qu1j0t3 (guest, #25786) [Link] "Almost all of the companies" attacked by Bruce, PJ, Groklaw, Slashdot, et al are Mormon companies...which might be said to speak volumes about Mormon business principles (or rather, lack thereof).
The next chapter in the Merkey saga Posted Jun 22, 2005 7:41 UTC (Wed) by hathawsh (guest, #11289) [Link] Hold on there. There's no reason to drag religion into this. There's a good chance Jeff is just as annoying to his religious community as he is to the free / open source communities.
The next chapter in the Merkey saga Posted Jun 22, 2005 8:06 UTC (Wed) by xtifr (subscriber, #143) [Link] Indeed, there are many members of the Church of Latter Day Saints who are Groklaw regulars, and who are deeply offended by what Darl and crew are doing; doubly so because they (supposedly) share a religion. And PJ has always comes down hard on those who try to attack the LDS Church--or suggest that it should be tarred with the same brush as SCO--on her forum.
Darl and Merkey both seem to want to try to make religion an issue. In Darl's case, I think it's at least in part because he thinks it'll make him more sympathetic to a Utah jury. Don't play his game! Ask, instead, how a man who lies and cheats in the pursuit of the almighty buck can claim to be a member in good standing of Church that condemns such behavior!
As for Merkey, I am not sure what his motives or plans might be, as there seem to be few signs of rationality there at all.
The next chapter in the Merkey saga Posted Jun 24, 2005 12:50 UTC (Fri) by zjim (guest, #30657) [Link] I myself am LDS (Mormon) and against SCO and people like Merkey who think that the way to make money is by making up false statements. I support Open Free Software because there should be choices. SCO will not win their case against IBM, Novell, Red Hat, AutoZone or Chrysler, because they are just grasping at straws. From what I see of Merkey he appears to be making a lot of noise and when he doesn't get his way then every one is out to get him. Hopefully all of these groups will countersue and win. I also agree for some one who's spent 20 years as a tech professional he doesn't know much about the lingo. I've spent 22 years and even I wouldn't figure people where out get kill me if they said I was going in their kill file.
The local (Perth WA) LDS are keen on honesty and integrity Posted Jun 22, 2005 11:57 UTC (Wed) by leonbrooks (guest, #1494) [Link] I can but presume that their US brethren (and sisteren) hew to a similar line.The Roman Catholics murdered upward of 60 million people during the reign of the various Inquisitions, but that doesn't make every RC a murderer. The Atheists in the persons of dictators like Stalin and Mao have murdered hundreds of millions of people, but that doesn't make every Atheist a murderer. Now please grow up. Disclaimer: I am not represented in any of the above groups.
The local (Perth WA) LDS are keen on honesty and integrity Posted Jun 22, 2005 15:55 UTC (Wed) by QuisUtDeus (guest, #14854) [Link] Speaking of outrageous, the "60 million" (or more commonly "50 million") claim for the inquisition is completely a fraudulant claim, spread mainly by the opponents of the Catholic Church a century or two ago.
The number that died over 350 years, mostly at the hands of the secular government, were around 3000.
More recent and objective research has exposed the myth quite soundly.
One article on the topic:
The next chapter in the Merkey saga Posted Jun 22, 2005 7:30 UTC (Wed) by Ross (subscriber, #4065) [Link] Besides all that I thought Merkey was complaining about Mormons forcing himto move to New Mexico at one point. I think that was on the LKML... ah, here's a reply to that post from a Mormon that was offended by his words thanks to a quick search:
http://www.ussg.iu.edu/hypermail/linux/kernel/0107.0/0056...
I really don't understand how the person complaining about Groklaw's
Frankly I suspect the fact that Novell and SCO are in Utah is the only
And while I'm commenting I have real trouble believing Jeff doesn't know
The next chapter in the Merkey saga Posted Aug 17, 2010 3:37 UTC (Tue) by Lmerkey (guest, #69587) [Link]
OK I know this post is 5 years old, and I am in no way coming to my poor papa's defense, but it's a little hypocritical to mouth off about someone who has a severe case of BS syndrome without all the facts. Like for one neither me nor my father are Mormon he's claiming that he as a non-Mormon is being treated wrong not as a Mormon. And yes this is actually his youngest daughter correcting you, I just have issues with well when every I see something incorrect.
Some bits from the Complaint Posted Jun 22, 2005 6:02 UTC (Wed) by burki99 (subscriber, #17149) [Link] if this was a comedy and not real life, i wouldn't mind seeing the show:
27. Defendants Groklaw.com and Groklaw.net (Groklaw) are Internet websites which are alter-egos of Pamela Jones and are operated by Pamela Jones and hosted by the University of North Carolina. These websites are extreme right-wing and, among other things, seem to predominantly promote messages of hatred and violence directed against members of the Church of Jesus Christ of Latter Day Saints (Mormons) , and against business entities who employee, are funded by, owned by, or operated by Mormons. These websites also attack other groups who support or espouse cherished beliefs or positive views of Native American Society, Culture, and Spirituality.
that was the time i stopped reading. don't think a judge will bear it much longer. otherwise something is really rotten in the state of utah.
Some bits from the Complaint Posted Jun 22, 2005 6:08 UTC (Wed) by burki99 (subscriber, #17149) [Link] & when you think it can't get any worse, you're dead wrong:46. The beheading and murder of United States Citizens in Iraq, Saudi Arabia, and other countries have been videotaped, converted to MPEG and other images for viewing on the public Internet through the use of OSS and Linux software and computer technology developed and purloined by Linux and OSS members and illegally exported from the United States. ... 88. All of the executives involved with the exception of Eric Schmidt resigned and left the company under mysterious circumstances. Based upon their rapid and sudden departures, the only logical conclusion is that they were fired by Novell's Board of Directors and Eric Schmidt. Eric Schmidt also was reported to have been fired by Novell's Board of Directors on several news sites, for, among other things, viewing Internet pornography with Novell equipment and Novell facilities. ... I hereby swear and affirm that the statements made in the foregoing Complaint are true and correct to the best of my knowledge and ability. ______________________________ Jeffrey V. Merkey
More bits from the Complaint Posted Jun 22, 2005 7:30 UTC (Wed) by man_ls (subscriber, #15091) [Link] Right now I am feeling some Merkey-envy. If I was able to write such absurd humor, I would try to make a living from it:59. OSS and Linux responded in a venomous manner to this proposal and while many members accepted the proposal, Perens, OSRM, and Groklaw and those acting in concert with them opposed it, and used their influence with OSS and Linux members by posting messages through the public Internet to defame and threaten Plaintiff through a variety of means, such as threats of: murder, violence, death, oppression, mob mentality, intentional infliction of emotional distress, terror, defamation, identify theft, character assassination, tortious interference, negligent misrepresentation, threats to murder or firebomb the homes of individuals, and threats to overthrow governmental systems.Incredible. The "threats of [...] mob mentality" are especially dangerous. "You either pay, or you will start breaking the china yourself". Also, it has a lot of typos. For example, I did not understand this sentence at first: 56. Almost all of the companies, groups, and individuals attacked on the Groklaw websites and by Pamela Jones are [...] business entities who employee, are funded by, owned by, or operated by Mormons.I then realized there was a typo: religion has nothing to do with the paragraph, it should read "Morons".
Right wing? Groklaw? Posted Jun 22, 2005 6:16 UTC (Wed) by ringerc (subscriber, #3071) [Link] The suggestion that Groklaw, of all things, is right wing is pretty funny.
Opinionated, often a bit extreme, yes. Biased, extremely. Unreasonable, perhaps. Right wing ... *dies of laughter*.
Right wing? Groklaw? Posted Jun 22, 2005 6:38 UTC (Wed) by qu1j0t3 (guest, #25786) [Link] Yes, that is a most absurd falsity. Life is too short to read the whole "complaint", even I am not that starved for entertainment. Seems that Merkey has at last found a scapegoat for everything in the universe that bothers him. (Although I have been guilty at times of giving M$ that role in moments of irritation. I just don't file convoluted lawsuits enshrining it.)Other words that might describe Groklaw are: Essential. Valuable. Inspiring.
The next chapter in the Merkey saga Posted Jun 22, 2005 7:00 UTC (Wed) by xorbe (subscriber, #3165) [Link] And this is what he wants?
"The lawsuit seeks 100 million dollars in damages for civil rights violations, defamation, and other torts from each defendent."
The next chapter in the Merkey saga Posted Jun 22, 2005 8:04 UTC (Wed) by petegn (guest, #847) [Link] Just where the heck does this jiggle flipped whatsit think he is "Planet Merkey " is about the only place this drivelle would be taken seriousley (SP)
there is only one comment ot follow up this little lot
Merkey kiss my ass boy ..
Pete .
The next chapter in the Merkey saga Posted Jun 25, 2005 7:02 UTC (Sat) by mrnice (guest, #30668) [Link] And I want a tank with sharks with frikkin lasers. ("Mr Evil" in Austin Powers)
The next chapter in the Merkey saga Posted Jun 22, 2005 9:20 UTC (Wed) by steven97 (guest, #2702) [Link] This guy must have a serious mental condition...
Or an hilarious one... Posted Jun 22, 2005 12:04 UTC (Wed) by leonbrooks (guest, #1494) [Link] ...it's a matter of perspective.
Re: Or a[n] hilarious one... Posted Jun 22, 2005 20:56 UTC (Wed) by migloo (guest, #12198) [Link] Psychosis is no laughing matter.The man appears deeply disturbed and needs help. I see no constructive purpose to this thread which should have been avoided.
Re: Or a[n] hilarious one... Posted Jun 23, 2005 2:29 UTC (Thu) by sbergman27 (subscriber, #10767) [Link] Seriously, I'm betting on substance abuse as a factor. Oh, he's probably not a reasonable person under any circumstances, but this filing looks like something that would seem like a good idea "at the time".
The next chapter in the Merkey saga Posted Jun 22, 2005 9:45 UTC (Wed) by Seegras (subscriber, #20463) [Link]
Merkey wrote:
Whereas the actual text by Bruce Perens reads:
And then
Now, obviously the statement is FALSE, furtheron he seems not to know what a kill file is. This in turn contradicts his allegiation that:
> Merkey is engaged in the software industry as a computer
Which contradicts again that the statements should be correct to the "best of his knowledge". If we assume that a computer scientist knows what a kill file is, this again contradicts that the "statements are true and correct".
The next chapter in the Merkey saga Posted Jun 22, 2005 11:57 UTC (Wed) by cgray4 (guest, #11599) [Link] I hate to defend this guy, but it's not really fair to assume that every computer scientist knows what a killfile is.
The next chapter in the Merkey saga Posted Jun 22, 2005 12:50 UTC (Wed) by Alan_Hicks (subscriber, #20469) [Link] I hate to defend this guy, but it's not really fair to assume that every computer scientist knows what a killfile is. On the other hand I think it's perfectly fair. In the geek circles I run in, we have three mantras for enlightenment: 1) GAFC I cannot reasonably believe that a "computer scientist" cannot STFW when he sees something like "email kill file" and not discover and understand what it means without some malicious intent on his own part.
The next chapter in the Merkey saga Posted Jun 22, 2005 17:02 UTC (Wed) by mrshiny (subscriber, #4266) [Link] Ok, #3 I know, #2 I assume is "Search the fine web", but what's GAFC? I tried to stfw but all I got was stock symbols :p
mrshiny
The next chapter in the Merkey saga Posted Jun 22, 2005 17:19 UTC (Wed) by QuisUtDeus (guest, #14854) [Link] GAFC guesses:Get a Fine Clue Grep All the Fine Code Guess At From Context
Jeff might think:
The next chapter in the Merkey saga Posted Jun 22, 2005 18:52 UTC (Wed) by mrshiny (subscriber, #4266) [Link] Yes, the Clue one I thought of but telling someone to get a clue doesn't help much as a strategy. Guess At From Context is a good one though.
The next chapter in the Merkey saga Posted Jun 22, 2005 13:30 UTC (Wed) by jachim (guest, #2963) [Link] Oh come on! I knew what a killfile was about 3 days after I got my first Unix account back in 1990.
The next chapter in the Merkey saga Posted Jun 23, 2005 0:11 UTC (Thu) by qu1j0t3 (guest, #25786) [Link] I knew what a killfile was about 3 days after I got my first Unix account back in 1990I won't ask how you found out :-) Hopefully not the same way as J.V.M. (repeatedly).
The next chapter in the Merkey saga Posted Jun 23, 2005 13:39 UTC (Thu) by jachim (guest, #2963) [Link] No, not the way Jeff did.
And it actually wasn't email, but Usenet using tin.
The next chapter in the Merkey saga Posted Jun 24, 2005 13:45 UTC (Fri) by cgray4 (guest, #11599) [Link] And you are representative of every computer scientist?
I was simply saying that being a computer scientist does not immediately imply that you know what a killfile is. I know quite a few eminent computer scientists (academics) who probably do not know what a killfile is.
On the other hand, I would think in this case that Merkey has been killfiled so many times that in this case he's at least being deliberately obtuse, so it doesn't really matter.
The next chapter in the Merkey saga Posted Jun 25, 2005 4:02 UTC (Sat) by jachim (guest, #2963) [Link] Actually, at the time I was in the Electrical Engineering program and had not yet gotten my first computer to have a modem.
The next chapter in the Merkey saga Posted Jun 22, 2005 19:41 UTC (Wed) by xorbe (subscriber, #3165) [Link] Actually I'd never heard of an email killfile, but I do remember reading Bruce's comment the first time, and my thought was "oh that could be handy to have a list of emails addys to reject for my client"...
If a real comp sci person concludes that an "email killfile" is a mob hitlist... I suspect they might need a little help.
The next chapter in the Merkey saga Posted Jun 22, 2005 10:38 UTC (Wed) by jcm (subscriber, #18262) [Link] My thoughts on the matter haven't changed since the last time I baited this troll on the LKML. He's an idiot, pure and simple.
...but but but! It's /really/ fun watching his antics and I'm actually glad that LWN do run these stories from time to time, even if it is "pandering".
:-)
Jon.
More Merkey Goodness Posted Jun 22, 2005 14:16 UTC (Wed) by Thanatopsis (guest, #14019) [Link] 23. Although Native American Churches at times use peyote in their religious rituals, Merkey and Meuller, and the majority of the members of the Utah Native American Church do not use peyote as this is not the traditional religion of their culture....
Now google lkml peyote jeff merkey.
And to think he swore all statements were true.
The next chapter in the Merkey saga Posted Jun 22, 2005 14:30 UTC (Wed) by sbergman27 (subscriber, #10767) [Link] OK, so does anyone know what the actual procedure is now? i.e. can any wingnut file a baseless lawsuit against others with the sole intent of being a nuisance, and actually have it work. Is there any preliminary proceding to filter out the hotheads that just file a suit because someone criticized them in chat room somewhere on the internet?
There is, of course no way that said wingnut will win. But it can still be an inconvenience to (and a wrong against) the innocent parties.
Frankly, I think that the defendants that I am familiar with would have more class than to counter-sue. And it wastes their time, though I doubt anyone is actually worried. The thing about Jeff is that for all the bluster, he is at worst a damned nuisance, but essentially harmless.
The next chapter in the Merkey saga Posted Jun 22, 2005 14:38 UTC (Wed) by sbergman27 (subscriber, #10767) [Link] One other thing. I didn't really have an opinion on the matter before. But I wonder if Jeff really *is* working for SCO? It certainly fits fits the pattern.
(Don't bother to answer, Jeff. Your credibility is zilch.)
The next chapter in the Merkey saga Posted Jun 22, 2005 18:49 UTC (Wed) by wilreichert (subscriber, #17680) [Link] Yeah, this is all just an evil plot to make the SCO suits seem reasonable. In comparison, they almost seem to be. Almost.
Just another company to sink Posted Jun 22, 2005 23:07 UTC (Wed) by man_ls (subscriber, #15091) [Link] Scholars around the US will surely be wondering: how could this computer-illiterate deluded guy become Chief Scientist at a huge company? They will then remember the decline of fortunes at Novell, their brains will add 1+1, and they will be enlightened.Now let's take this Merkey-SCO relationship. Up until this point we had to look at a certain windy path between O'Gara (mentioned in the complaint), McBride, SCO, this Merkey and Microsoft; specifically against the GPL, Groklaw and PJ. But with our new enlightenment we can take a look at the path taken by Caldera and watch their downwards spiral. As an alternative we might assume that there is a different agent of "bad luck" (others would call it "plain sheer incompetence") at work at SCO; but assuming that there are two similar guys in the area is too much, right?
The next chapter in the Merkey saga Posted Jun 22, 2005 15:18 UTC (Wed) by tres (guest, #352) [Link] Shouldn't M$ have offerred him a job if the following were true?12. Merkey's contributions to Novell and other computer companies within Utah and the computer industry at large has resulted in over 10 billion dollars in revenue into the local Utah high tech community over his prestigious career and in particular, the Utah Valley High Technology economy based on technology he has created and/or patented which is held by Novell, the Canopy Group, and dozens of other local high tech companies as well as companies around the world.
Sick way of outing Pamela Jones Posted Jun 22, 2005 18:10 UTC (Wed) by mk270 (guest, #4485) [Link] This is the second attempt to out Pamela Jones. She'll have to give up some of her privacy to fight the lawsuit. Where she lives will become public information.
I'd be interested to find out how much collusion there is between Maureen O'Gara (she of the first attempt), Jeff Merkey, and SCO. There are publicly well-documented links, but they're hardly conclusive of anything in relation to outing PJ.
The next chapter in the Merkey saga Posted Jun 22, 2005 18:36 UTC (Wed) by allesfresser (subscriber, #216) [Link] Let's just make sure we all keep watching the other parties in the larger soap opera (SCO, Canopy, etc.) in case this little tempest in a teapot is a diversionary tactic.
I wonder if this calls for Rule 11 sanctions? Posted Jun 22, 2005 19:10 UTC (Wed) by rickmoen (subscriber, #6943) [Link] To most of us, this is just high comedy, but (assuming the filing is real) for Bruce and the other named parties, it's a serious imposition that is going to take real money and time out of their lives to dispose of. This alleged civil lawsuit was filed in U.S. District Court for the District of Utah (one of the 94 trial courts, as opposed to the 12 regional circuit or appellate courts + one for the Federal circuit): That means that its proceedings follow the Federal Rules of Civil and Criminal Procedure. The Federal Rules provide a standard remedy in case of frivolous litigation. It's contained in Rule 11: An action in Federal court must not be "presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation", the factual representations must "have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery", the legal claims must be "warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law", and any denial of respondent's factual allegations must be "warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. Anyone who is defending a Federal suit and feels that major elements of the complaint are improper per Rule 11 can file a motion requesting that those elements be corrected or withdrawn. If that doesn't happen within 21 days, then one can file for sanctions citing Rule 11. The Federal courts don't have specific sanctions they must apply in such cases, but tend to come down like a ton of bricks on the offending party in sundry ways (not just ordering the losing party to pay all legal expenses, but also requiring direct punitive payments to the court, direct punitive payments to the other party, and sometimes non-monetary sanctions -- (as the Federal Rules require) sufficient to deter any repetition by that party and others. Rule 11 sanctions tend to be quite serious. If I found myself served with a Federal action that seemed frivolous, I'd certainly ask my attorney to proceed towards Rule 11 sanctions, immediately. (I am not an attorney; I may not and do not give legal advice to people about their own situations, and discuss law only in general terms. People having specific legal issues should consult their own lawyers. My acquaintance with the Federal Rules is mostly courtesy of teenage years spent in and around Federal court in San Francisco, observing legal wrangling about a civil-negligence lawsuit.) Rick Moen
The next chapter in the Merkey saga Posted Jun 22, 2005 19:33 UTC (Wed) by yodermk (subscriber, #3803) [Link] Wow, this thing is chock full of howlers! And filed with Dale Kimball. Now we know SCO's strategy ... trying to get the judge to die laughing by getting Merkey to file this load of tripe.
"58. [Merky's offer to buy a BSD fork of the kernel] was originally suggested by Alan Cox"
Yeah right!!!!!
"59. OSS and Linux responded in a venomous manner to this proposal and while many members accepted the proposal..."
Huh??? Did any single person respond in a way halfway favorable to Merkey?
"...Perens, OSRM, and Groklaw and those acting in concert with them opposed it, and used their influence with OSS and Linux members by posting messages through the public Internet to defame and [...] threats to overthrow governmental systems."
Hey guys, let's overthrow the US government to get this Merkey dimwit!!!
LOL!
"57. During October of 2004, Mr. Merkey offered to purchase a fork of the Linux kernel from Linux and OSS members for an internal Open Source project whose intent was to support education and development of computer development skills within Native American Communities. [...]"
He had to buy a fork of the Linux kernel for an "internal Open Source project????" How in tarnation would the GPL not be adequate for that?
Never mind the fact that this masterpiece has more typos and spelling errors than you can shake a stick at.
I suppose I'm a defendant now. Oh well, I'm living far away from the States at the moment, so he can have fun tracking me down!
The next chapter in the Merkey saga Posted Jun 22, 2005 20:56 UTC (Wed) by sbergman27 (subscriber, #10767) [Link] Well, as the judge stated in the Find of Fact in the 1998 Movell/Merkey case:
---
As near as I can tell, this is not a description of testimony by someone else. This is the judge's own conclusion about Merkey.
(Oh, and Jeff want's me to specify that this was not part of the final proceding, though as far as I know it is the latest since Merkey settled the case out of court. And heaven knows what difference it makes how long the judge took to figure it out.)
Jeff truly does live in his own seperate reality. Correct me if I'm wrong, but Jeff does openly admit to using hallucinogens, right? Not just in the past, but in the present?
The next chapter in the Merkey saga Posted Jun 22, 2005 20:57 UTC (Wed) by allesfresser (subscriber, #216) [Link] >>"58. [Merky's offer to buy a BSD fork of the kernel] was originally suggested by Alan Cox"
>Yeah right!!!!!
I could see Alan saying something like that *IN JEST* when sorely provoked by someone very clueless (and I'll let your imagination wander on who I might be meaning by that...)
The next chapter in the Merkey saga Posted Jun 22, 2005 21:55 UTC (Wed) by yodermk (subscriber, #3803) [Link] Also, he claims (25 & 26) that articles by Perens and Jones are read by "hundreds of millions of people."
Let's see, that's maybe 4-10% of the world's population!
Perens and Jones write some good stuff, but I don't think their writings are almost as popular as the Bible...
"38. The Open Source Movement (OSS) is a globally distributed community of independent individuals who promote development of open source computer technology under the GPL. The OSS also includes the majority of the members of the Linux Community."
Really, just the GPL? OSS folks don't think there are any other good licenses out there?
"39. Among other things, the OSS advocates that all computer technology should be free, and should be accessible to all people around the world at no charge and no cost."
LOL, he just described Stallman's FSF, the archenemy of OSS!
I am starting to think that this is all a big hoax to get people riled up. Actually filing this with a court would be an unprecedented display of human stupidity.
The next chapter in the Merkey saga Posted Jun 23, 2005 0:11 UTC (Thu) by rgmoore (✭ supporter ✭, #75) [Link] LOL, he just described Stallman's FSF, the archenemy of OSS! That doesn't do a very good job of describing Stallman's views, either. RMS has quite specifically that Free Software is a matter of freedom, not of price. In the early days of GNU, RMS earned his living by selling copies of GNU software, the FSF still raises funds by distributing GNU software, and RMS encourages businesses to make money that way. Some RMS quotes on the matter (from Selling Free Software).
(All emphasis is in the original.) Those sure don't sound like quotes from somebody who thinks that it's immoral to charge money for software.
The next chapter in the Merkey saga Posted Jun 22, 2005 20:41 UTC (Wed) by theraphim (subscriber, #25955) [Link] "47. Companies which sponsor, endorse, and support OSS and Linux, and those acting in concert as their advocates have been unwitting participants in wholesale technology theft of United States developed technology and sponsors of domestic and international terrorism."
American Indian, and mormon.
They were targets for compulsory hospitalization, not for lawsuit.
Images of the complaint and its exhibits Posted Jun 22, 2005 20:53 UTC (Wed) by petrofsky (guest, #26862) [Link] [This comment has been removed by the LWN editors, sorry]
Mirror of merkey_v_perens-1-2.pdf Posted Jun 24, 2005 3:13 UTC (Fri) by Feldegast (guest, #30638) [Link] [This comment has been removed by the LWN editors, sorry]
Images of the complaint and its exhibits Posted Aug 12, 2005 16:58 UTC (Fri) by petrofsky (guest, #26862) [Link] I'm posting this comment on August 12 as a reply to LWN.net comment 141017. That comment now says "Posted Jul 12, 2005 12:59 UTC (Tue) by guest petrofsky", but I actually posted it on June 23 at 14:53 -0600. What happened on July 12 was that the body of the comment was removed and replaced with "[This comment has been removed by the LWN editors, sorry]". Below is the original content of the comment. The apparent reason for the editing of the comment is that it contained a link to http://scofacts.org/Merkey-Perens-1_1.pdf, which, at the time the comment was posted, returned a PDF file of the exhibits to Merkey's complaint, one of which was subsequently sealed by a court order later that day. However, the PDF file containing the exhibits was removed from that URL on the following day, June 23, long before the comment was edited on July 12. For further details, see scofacts.org/merkey.html. Original contents of message 14107, Posted Jun 22, 2005 20:53 UTC (Wed): I can verify that this complaint was really filed. Here are images of the complaint and its exhibits that I obtained from the court's subscribers-only website. The second exhibit appears to be a 1998 confidential settlement of two lawsuits between Novell and Merkey. I wrote some thoughts about the complaint in messages 275549 and 275622 on Yahoo's SCOX message board. (The latter message references a complaint against Merkey that was filed in April.)
Images of the complaint and its exhibits Posted Aug 12, 2005 17:37 UTC (Fri) by petrofsky (guest, #26862) [Link] Oops. In the parent message, in reference to message 141017, I wrote "I actually posted it on June 23", but I meant June 22. Later, I gave the date again and got it right, but left a digit out of the message number: "14107" should have been "141017".
The next chapter in the Merkey saga - seems like he has a case ... Posted Jun 22, 2005 22:46 UTC (Wed) by TxtEdMacs (guest, #5983) [Link] Just look at the first item I found by pairing "Bruce Perens" and "kill" on a Google search!
"Why is Canopy so happy to kill Linux, destroy the GPL, and counterdemonsrate against ... August 21, 2003 Copped from Bruce Perens Website ... "
Proof positive, since it even mentions Canopy that's strongly tied into SCO.
Want more? Try this: " ... Interesting article in News.com by open source advocate Bruce Perens discussing the various attempts to kill open source by expensice law suits..."
He even has a HowTo on kill all, I found at the head of the list using only Perens and kill. Seems this Bruce guy is a dangerous person using kill so often. Nonetheless, throwing in the Merkey word mostly gets references to the law suit and murky links to kill.
How about some interesting fiction writing instead?
Just a few pearls... Posted Jun 22, 2005 23:17 UTC (Wed) by bojan (subscriber, #14302) [Link] The socialist... 41. Members of OSS and Linux routinely reverse engineer, misappropriate, or by other means incorporate patented software methods, trade secrets, and other protected intellectual property into their projects under the cause of freedom to innovate, and in support of their socialist views that software should be free and owned by the masses. [...] Go to right-wing sites... 26. [...] Jones is regarded as a right-wing legal reporter for Open Source. [...] 27. [...] These websites are extreme right-wing and, among other things, seem to predominantly promote messages of hatred and violence directed against members of the Church of Jesus Christ of Latter Day Saints (Mormons) , and against business entities who employee, are funded by, owned by, or operated by Mormons. [...] Now directing your attention back to 41 again. The part about "stealing" and such... 41. [...] These activities have resulted in lawsuits and litigation from large computer companies around the world in an attempt to protect their investments in development of computer technology as the result of wide-spread theft of intellectual property by members of OSS and Linux. Got that? Wide-spread THEFT. OK, now what does an outstanding citizen do when faced with this massive theft? Offers to buy stolen property from the thieves for US$50k! Not to mention the fact that Linus alone probably makes that much a quarter on Linux in the form of his salary. Is this the most brilliant piece of legal work you've ever seen or what? ;-)
Just a few pearls... Posted Jun 23, 2005 6:32 UTC (Thu) by man_ls (subscriber, #15091) [Link] Is this the most brilliant piece of legal work you've ever seen or what? ;-)Yes, and even more when the defense start quoting from the Novell/Merkey case. The juries will find out that he is an expert in "intellectual property" theft, having taken with him so many "ideas" when he left; his peculiar views really count as expert opinion.
Time to set up a defense fund? Posted Jun 23, 2005 0:07 UTC (Thu) by brouhaha (subscriber, #1698) [Link] I'd make a small contribution.
Other sites? Posted Jun 23, 2005 20:21 UTC (Thu) by yodermk (subscriber, #3803) [Link] Anyone know why this hasn't shown up on any other Linux news site? I haven't seen it on Slashdot, LinuxToday, Groklaw, or KernelTrap.
I can understand Slashdot and Groklaw, since they are defendants, but I would expect to see it *somewhere* other than just LWN!
The next chapter in the Merkey saga Posted Jun 25, 2005 4:51 UTC (Sat) by 1LMan (guest, #30664) [Link] Well, I read the complaing and I am thinking this won't fly. Just what damage did Mr. Merkey suffer? Seriously, he is claiming tortious interference with his business relationships and cannot list one?
An ex coder & 1L
Computer Scientists might not know what a kill file is... Posted Jun 26, 2005 0:47 UTC (Sun) by dps (subscriber, #5725) [Link] Jeff Merkey's computer sceince credentials, even if they are genuine, might not mean much. My credentials are 3 (acreditted) degrees in the CS.
It would be plausable to be an expert in computer science and not know the meaning of "kill file". Some computer scientists use formal methods which are a specialised area of mathematics. There is formal methods jargon including dag, process calculus, variant, abstraction invariant and "the mean calculator".
You do not use computer programs to prove results about a parallel system composed of abny number of the stated components (defined in CSP) connected in any way whatsoever---that the overall system is acyclic is *not* one of the conditions. This, and the performance of an implementation on real parallel hardware, is what got me a PhD in computer science.
All of this is a long way from understanding the meaning of "kill file".
Computer Scientists might not know what a kill file is... Posted Jun 27, 2005 5:49 UTC (Mon) by jmerkey (guest, #30549) [Link] Time to respond.
I know what a "kill file" is. The problem I have with Mr. Perens extremely big mouth is he stated that "I" should be placed in a kill file. Kill files are used to identify email servers and email addresses, not individuals. I also know LWN took down his statements "He works for SCO". Too bad -- I snapshotted and printed them -- and guess what -- there's a Federal Subpoena coming LWN's way this week -- surprise. Spoilate evidence and go to jail possibly, BTW.
By stating "Jeff should be placed in an email kill file" is a death threat, and many people assumed this was what he said (and I believe it's what he meant.) I started seeing comments advocating I be killed on slashdot and other websites as a result of this and it got really outraeous.
So all of you weird strange demented people who somehow think this is all OK are the ones who are nuts.
Have a nice Day.
Jeff
Computer Scientists might not know what a kill file is... Posted Jun 27, 2005 13:10 UTC (Mon) by sitaram (subscriber, #5959) [Link] merkey -- get a life and a clue. Bruce said "He belongs on every person's email kill file". By your incredibly deluded interpretation, this means that EVERY person maintains a file of people he would want to literally kill. This is so preposterous that no judge will buy it.
Why do you insist on monopolising the idiocy franchise?
Computer Scientists might not know what a kill file is... Posted Jun 27, 2005 17:13 UTC (Mon) by jmerkey (guest, #30549) [Link] Say whatever you want -- it's going to trial and so is Mr. Perens. Deal with it.
Jeff
Computer Scientists might not know what a kill file is... Posted Jun 28, 2005 21:07 UTC (Tue) by vjv0vjv (guest, #30722) [Link] So you're saying that calling someone a "SCO employee" is slander/libel? Ok. I'll agree that it's a serious insult. Further, I'll agree that there's no obvious evidence that you were ever directly employed by SCO, Caldera, or Canopy.If anyone's really called you that, I think their suspicion of your motives is due to LKML posts like this one. Let's suppose that people are only heaping all this criticism on you strictly because they aren't clear about your motives, which makes them feel mistrustful. Let's further suppose this is all a big misunderstanding, which could easily be cleared up by just sitting down and talking it over calmly, without any lawsuits or unkind language. Let's talk common sense for a moment. All heated rhetoric aside, in real life nobody actually wants to harm you or your family in any way. It's true that posters on Slashdot are known for their ill-considered hyperbole, and posters on Slashdot are also known for being pimply basement-dwelling 15 year olds with no social skills. Nothing they say is credible, and their opinions are of no value. They get bullied at high school, so they come home and act like bullies on the net. But they only have power over you if you let them. Playing their game and complaining about it just makes them do it more, and not even a federal judge can change that. My advice to you is to forget about suing people, shrug it all off, and get on with life. If you just stop feeding them, they'll forget all about you and find something else to fixate on. Can't we all just get along?
Computer Scientists might not know what a kill file is... Posted Jun 28, 2005 22:23 UTC (Tue) by jmerkey (guest, #30549) [Link]
"Can't we all just get along"
It's gone a little far for that. Making death threats is going too far....
Jeff
Computer Scientists might not know what a kill file is... Posted Jun 28, 2005 23:44 UTC (Tue) by vjv0vjv (guest, #30722) [Link] You said:
> It's gone a little far for that. Making death threats is going too far....
I absolutely agree. Making death threats would be going too far, if that's happened. If you've received any genuine, credible threats, you really ought to alert the authorities, rather than trying to handle this on your own. That's what they're there for, after all.
I understand you've been encountering skepticism over your reading of Mr. Perens' "killfile" comment. You've said you experienced emotional distress as a result, and I'm sure that's true. If someone of his prominence suggested that everyone put *me* in their killfiles, I know I'd find it distressing. Convincing a jury that counts as a death threat is another matter, and it may be a tough sell. Please note that I'm offering this strictly as advice, not as criticism.
If you do decide to go through with this civil case, and put the matter in front of a jury, of course you'll want to have the strongest case you can muster. In that spirit, you may not want to lead off with that Perens remark, if you've got any better material at your disposal. You've mentioned that you've received numerous threatening emails. You might want to review those and pick out a few that look like stronger "death threat" candidates than the Perens comment, in case the jury's not convinced by that one. Actually if you could provide some examples either here or on your website, that might go a very long way towards winning the public over to your side.
How's that bogus lawsuit working out for ya, toad licker? Posted Jun 29, 2005 21:18 UTC (Wed) by yuk (guest, #29782) [Link] You are a waste of perfectly good oxygen. Go away already.
signed, saltydogmn (signed in via bugmenot)
Computer Scientists might not know what a kill file is... Posted Jun 29, 2005 21:31 UTC (Wed) by Ross (subscriber, #4065) [Link] Jeff you're not helping your case if what you are really concerned with yourimage in the Linux community. We know what Perens meant and I just don't buy your interpretation. If there are examples of actual death threats, that's another matter completely. I think you would find that we wouldn't support anyone who does that. However your recent comments about how Groklaw is hurting SCO by commenting on the court cases is just too much. If public commentary hurts their case it wasn't strong enough to begin with. Court cases are open to the public for a reason: public scrutiny. This is good for most of the same reasons that government transparency is good.
In any case, don't start badgering LWN like Groklaw and Slashdot. What
Computer Scientists might not know what a kill file is... Posted Jun 29, 2005 22:58 UTC (Wed) by jhardin@impsec.org (guest, #15045) [Link] > In any case, don't start badgering LWN like Groklaw and Slashdot.> What purpose can that possibly have?
Feeding his own need for attention.
Computer Scientists might not know what a kill file is... Posted Jul 1, 2005 7:21 UTC (Fri) by jmerkey (guest, #30549) [Link] This individual is a gun rights activist with a john birch style website. See -- all of these folks are far right wing radicals.
jhardin@impsec.org
Jeff
Computer Scientists might not know what a web page URL is... Posted Jul 1, 2005 19:58 UTC (Fri) by jhardin@impsec.org (guest, #15045) [Link] Mmm. Since when is believing that the Constitutional limitations on the powers of the Government should be obeyed considered "radical"?
I am most definitely *not* far-right-wing. I'd love to know what prompted you to make *that* judgement of my character - besides the gun pix, of course...
BTW, "jhardin@impsec.org" won't take you to my website. For that you need to use this: http://www.impsec.org/~jhardin/
Here are some more educational materials for you, since you seen to have a rather loose grasp of this concept as well:
http://en.wikipedia.org/wiki/URL
http://www.webopedia.com/TERM/U/URL.html
http://searchnetworking.techtarget.com/sDefinition/0,,sid...
Computer Scientists might not know what a kill file is... Posted Jul 1, 2005 7:08 UTC (Fri) by jmerkey (guest, #30549) [Link] LWN was the source and starting point for all of this along with Perens and Jones and thier statements. The death threats were too much. One of these idiots posted on comment that my pregnant wife should be killed and cut open, and the unborn fetus pulled from her body and killed.
My wife was unable to sleep after seeing this comment. After she saw it, she fled the house with our newborn son and stayed in a hotel for several days in a state of panic and terror. This bullshit is going to stop -- or else.
We have had it and I have had it with idiots and sociopaths who for whatever reason have made libeling me one of their hobiies. LWN also took down some of perens comments and has spoilated evidence by doing so. I want the evidence put back up and left there or LWN may get added as a defendant.
I hope this clarifies my views for the Linux and OSS folks who harbor or support these cyber-terrorists.
Jeff V. Merkey
an important point Posted Jul 1, 2005 18:41 UTC (Fri) by vjv0vjv (guest, #30722) [Link] It's important to note that it was *not* public knowledge at the time that you were married, muchless that your wife was pregnant. The logical conclusion here is that whoever posted that disgusting threat is someone who knows you on a more personal level, otherwise they wouldn't have known any of that stuff. For whatever reason, the perpetrator decided to try to terrorize you, while trying to pin the blame on the Linux community. That would be really convenient for the perpetrator, you have to admit. I couldn't begin to guess what sort of person would be harboring a grudge like that. Could be connected to the Mooney situation, for all we know.
I've said it before, but I'll say it again particularly about that one comment: If you haven't
I think you'll find that despite all the heated arguing over things like the $50k kernel issue a few
an important point Posted Jul 1, 2005 21:45 UTC (Fri) by jmerkey (guest, #30549) [Link] I appreciate your kind comments and advice. I can tell you that the US Attorney is aware of all of this and are monitoring the court filings and legal discovery. I do not know for certain, but I'd say there's a good chance anyone or any organizations or newsites who harbor or protect these people may be looking at jail time. This may include this one.
Jeff
Computer Scientists might not know what a kill file is... Posted Jul 1, 2005 20:24 UTC (Fri) by jhardin@impsec.org (guest, #15045) [Link] > One of these idiots posted on [sic] comment that my pregnant wife should be> killed and cut open, and the unborn fetus pulled from her body and killed.
The vast majority of the Linux and OSS communities (including myself) does *not* endorse such behavior. The most likely situation is that someone who is "maturity challenged" posted the comment and was not serious; however this does not excuse the behavior or mitigate the effects the comment had on yourself and your wife. Proper law enforcement authorities should be notified so that whoever made such threats can be located and punished appropriately.
But lumping such threats along with Perens' comment that you should be plonked, and along with hyperbolic ranting that OSS contributes materially to worldwide terrorism, in a lawsuit seeking millions of dollars in damages against hundreds of John Doe defendants who called you names, is *not* a way to get your claims taken seriously by the community, or to convince the majority of the community that you are worthy of anything other than ridicule.
Jeff, I'll say it again: You are your own worst enemy. The world is *not* out to get you, and all of your public ranting about it is the equivalent of hanging a "kick me" sign on your own back. Are you truly surprised that there are people out there who will oblige you?
The next chapter in the Merkey saga Posted Jul 1, 2005 8:13 UTC (Fri) by jmerkey (guest, #30549) [Link] Several members of the Linux Community have submitted requests for disclosure of the evidence of death threats leveled by Linux and OSS members.
I am providing a limited disclosure of some of the comments which have been posted or emailed to internet websites or myself as examples of inappropriate comments and as a result of perens verbal attacks and those of Groklaw. This does not include the hundreds of comments posted on Groklaw. I am saving those for court ...:
Bruce Perens;
"Kill Him ..."
"We are going to firebomb your house ... "
"You are a crackhead and a f_cking assh_le and I hope someone does away with you."
"I hope you off yourself before you reproduce. That would be a major setback for the species if
"We are going to come to your house, kill your wife and cut her open, and kill your children"
"I hope someone firebombs your house SCO Stooge"
"Go and kiss Marl Dickbrydes ass some more."
Linus Torvalds,
"How about asphxiation then for a soltution to the Merkey problem"
"He smokes peyote and should be put out of his misery"
"A dying breed (we hope)"
"These "kill Merkey" comments do not help. Some clown like Dan Lyons at Forbes may very well use these comments to prove that Linux lovers over at slashdot really are a hateful violent crowd"
"In some circles, if you offer 50K for a thing worth many times more, you have a large chance to get killed due to lack of respect. Merkey must consider himself lucky [to have not been killed]"
These are examples of the thousands of pages of exhibits and comments posted to the internet as a result of perens and Groklaw stories and false allegations I work for SCO, am a spy for SCO and the Canopy Group.
I hope this evidence is enlightening to the interested Linux Community members.
The next chapter in the Merkey saga Posted Jul 1, 2005 17:47 UTC (Fri) by Kebron (guest, #30783) [Link]
Very nice... do you have a link for each of those statements to identify the origin of each?
The next chapter in the Merkey saga Posted Jul 1, 2005 21:40 UTC (Fri) by jmerkey (guest, #30549) [Link] Fully logged with BATES numbers, downloaded, printed, and verified. Most of them have been up on websites for almost 6 months.
Most of the sites have started taking down the comments and are archiving them for discovery purposes. So you may not be able to find all of them anymore.
Great libel case.
Jeff
The next chapter in the Merkey saga Posted Jul 1, 2005 20:30 UTC (Fri) by jhardin@impsec.org (guest, #15045) [Link] > Bruce Perens;> "HE should be in everyones ... kill file"
Again, this is not a death threat, cannot possibly be construed as a death threat by anyone with the extensive experience in computers you claim to have, and does not add credibility to your other claims.
Also, willfully changing the context of the comment through the ellipses doesn't help either.
> "Go and kiss Marl Dickbrydes ass some more."
> Linus Torvalds,
In what possible way could those be construed as death threats?
And, as the other poster asked, where are the links to the original source material, if publicly available, so that we can see them in context and unedited?
The next chapter in the Merkey saga Posted Jul 1, 2005 21:41 UTC (Fri) by jmerkey (guest, #30549) [Link] I think all the guns you play with and fire have affected your reasoning.
"HE should be placed in everyones .. kill file"
Sure sounds like a death threat to me, and others, and I am certain it will sound like one to a jury.
Jeff
The next chapter in the Merkey saga Posted Jul 1, 2005 22:13 UTC (Fri) by Kebron (guest, #30783) [Link] Once again... where do we find the EXACT quote your are giving Sir?
Give us a URL so we can see these quotes.
The next chapter in the Merkey saga Posted Jul 1, 2005 22:17 UTC (Fri) by jmerkey (guest, #30549) [Link]
slashdot.org
and lots of others .....
Try using search. I have noticed that Yahoo legal has responded to my requests and removed all SCOX libelous content with the exeception of comments posted which are identified as evidence.
Slashdot (VA Software) legal already removed and archived the comments and death threats as requested as well.
Merkey.net is continuing as are pagansavage, although they have removed a large portion of libel already.
Jeff
The next chapter in the Merkey saga Posted Jul 1, 2005 22:20 UTC (Fri) by Kebron (guest, #30783) [Link] http://forums.merkey.net/ only contains
"I am taking down the forums so that Jeff won't stalk our members."
Get your information straight. There are no quotes there.
As for the rest... give us EXACT URLs where we can find your so called quotes since your information seems not to be reliable Sir.
The next chapter in the Merkey saga Posted Jul 1, 2005 22:36 UTC (Fri) by jmerkey (guest, #30549) [Link] Either you don't understand english or you are too obtuse toundertstand what I said. Go back and read my post again.
Thanks
Jeff
The next chapter in the Merkey saga Posted Jul 1, 2005 22:43 UTC (Fri) by Kebron (guest, #30783) [Link] YOU said: "Merkey.net is continuing as are pagansavage, although they have removed a large portion of libel already."
Obviously they are not continuing... I guess you are the obtuse one... refusing to see what is right in front of your face.
The next chapter in the Merkey saga Posted Jul 1, 2005 22:54 UTC (Fri) by jmerkey (guest, #30549) [Link] Really? Go google "jeff merkey" and look at their google spam links claiming I am a stalker -- more libel, identity theft, and interference with my rights.
Jeff
The next chapter in the Merkey saga Posted Jul 1, 2005 23:26 UTC (Fri) by Kebron (guest, #30783) [Link] Once again.... give us some URLs
merkey.net does not contain anything neither does pagansavage.com
Please give us some exact URLs so we can believe all that you are telling us.
The next chapter in the Merkey saga Posted Jul 1, 2005 22:25 UTC (Fri) by Kebron (guest, #30783) [Link] http://www.pagansavage.com/rant contains:
"403
forbidden
Sorry, the site will be down for a bit; however the usual downloads are still available. Have fun."
Obviously your facts are wrong at this time.
The next chapter in the Merkey saga Posted Jul 2, 2005 3:27 UTC (Sat) by jhardin (guest, #3297) [Link] > "HE should be placed in everyones .. kill file"> > Sure sounds like a death threat to me, and others, > and I am certain it will sound like one to a jury.
Not to any jurors who have ever participated in Usenet, Yahoo Groups, etc., particularly when the material conveniently omitted by the ellipses is restored and the full quote is present. And not to any jurors regardless of their experience once the concept of a "kill file" in the context of computer messaging is explained.
Or (speculation here) do *you* have a file where you list the names of people you want to kill, and that is the only context in which you can mentally process the term "kill file"?
This is all very interesting and amusing in a perverse sort of way, but I have to go spend some time on something that's important - namely, writing my elected representatives about the Supreme Court's appalling eminent domain decision.
Ciao. CUl8r. 73's. etc.
History repeating itself? Posted Jul 2, 2005 2:03 UTC (Sat) by vnj (guest, #30787) [Link] Let's remember who we are dealing with. Read Judge Anthony W. Schofield's "Findings of Fact" in a case regarding Jeff Merkey:In the 4th Judicial District Court, Utah County, State of Utah Case Number: 970400339 DATED: January 30, 1998 Anthony W. Schofield, Judge FINDINGS OF FACT I find that the following facts have been proven by a preponderance of the evidence: 124. In fact, however, Merkey is not just prone to exaggeration, he also is and can be deceptive, not only to his adversaries, but also to his own partners, his business associates and to the court. He deliberately describes his own, separate reality. 131. While it is human nature for each of us to put our own spin on events which we observe...Merkey nonetheless regularly exaggerates or lies in his comments to others about events happening around him. It is as though he is creating his own separate reality. 135. Given his penchant for creating a separate reality and for deliberate misrepresentation, I find Merkey's claim ... unreliable. Rather, he wanted to have the benefit of both worlds -- his world actually working on a clustering model based upon the Novell architecture -- but also a world in which he could claim that he was not using or misappropriating Novell confidential technical information. 146. Merkey asserts that he did not fit in at Novell because he had a different ethnic or religious background than most of the Novell workers. This claim was not supported by any meaningful evidence. [note: emphasis mine] Sound familiar? There is plenty more. And remember: this is a judge making these statements. I have no idea if Mr. Jeff Merkey's claims are true, but would you trust this guy? You can find the original document here (for a fee) or read a copy at Gorklaw.
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