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Monday, September 26 2005 @ 01:02 PM MDT |
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 In closing I have some words to say which will remain posted to this site for as long as I maintain it.
This Federal Action was commenced in response to Pamela Jones, at the behest of the Linux and OSS movements, posting a Novell ruling from 9 years ago as part of a public smear campaign which was intiated for purely anti-competitive reasons to suppress another open source OS effort on the public internet. Many people have quoted and used this document to express some distorted views about my character, veracity, and mental state. While this ruling was written by a State Judge, this Judge was later removed from the case for misconduct by the Judicial Conduct Commission and the Utah State legislature regarding this case, and this begs a lot of questions.
Perhaps the most obvious question is this. If this information was true, then why did Novell appoint Merkey as Chief Scientist in the first place? Novell made these allegations after Merkey left the company. If Merkey were really all of these bad things, then it would seem Novell is run by morons for making him Chief Scientist in the first place. The facts are these statements are not true, they were "spin" and "fud" created by Novell, since to them, at least from my perspective, it has always seemed its more important for them to be "right" than to be "smart".
The existence of the Novell Settlement Agreement on the internet, along with the deposition of David Bradford also tells another side of the story. One that paints Novell is an unfavorable light before the world. At this point, I have accepted the realities of my life, and those parts of my past which define who I am I cannot change. But this is in the past, not the present. Novell must now accept their realities. A failing business, no revenues from Linux (big Surprise!), and the shareholders demanding removal and firing of the Executive Management, and no product future or innovation.
I had spent most of my life laboring on the frontiers of human knowledge in Computer Science, where the forces of nature were being harnessed and used for the first time. Many of my detractors and critics, who have never contributed anything of value to hi-tech, other than reams of gibberish and nonsense on public message boards, cannot say the same. It's time I got back to that rather than focusing my active and creative mind within the legal track Novell placed me in many years ago. This chapter of my life is over, turn the page, close the book -- period.
As far as the Novell Settlement agreement goes, if the other three parties agree that it should no longer be confidential, at this point, I give my consent for full disclosure. That being said, Novell and the other parties must agree. This agreement doesn't hurt me -- in fact it shows just how sinister, evil, and self-serving Novell's interests really were here. And it validates the fact that Novell has no claim for now and all time on any work or IP I choose to create. This myth has evaporated in a puff of logic. But take care here, I cannot grant such permission to distribute this document.
I had attempted to go after the folks in the mistaken belief I was helping protect Novell. Based on Novell's responses to Al Petrofsky, it's pretty clear Novell doesn't care about me or anyone else. Nothing has changed. I choose not to be pulled down into Novell's misery as they spiral into their own self imposed demise in the industry.
So with all this, I have to say in closing I want to get back into the productive years of my life, and not focus on areas where I cannot have a significant contribution. As for fame, I already have it, as I have recently discovered during my trips to Oklahoma and New Mexico, while most people no longer know who Linus Torvalds is, everyone seems to know who I am. Go figure! I've had enough fame and public exposure to last many lifetimes.
Now I need to harnass all that and really create something of value for others and become that idealistic and brilliant young man I once was. Litigating in Federal Court against people who are actually helping me by distributing libelous content which destroys Novell's psotive image doesn't really hurt me.
My best wishes to everyone who has supported or visited this site.
Sincerely,
Jeff V. Merkey
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Monday, September 26 2005 @ 11:58 AM MDT |
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I wish all the parties the best of luck. I have dismissed the Federal Action as of today.
Warmest Regards.
Jeff V. Merkey
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Monday, September 26 2005 @ 12:11 AM MDT |
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My responses are located below to Novell's email to Al Petrofsky:
I am in receipt of your letter dated September 16, 2005.
Unfortunately, I was out of the office traveling on business last week
and early this week and just received your letter yesterday. In an
effort to provide you with an expedited response, I am sending this to
your email address and will also include a copy by U.S. Mail.
In response to your specific questions:
1- To the best of my knowledge, no Novell representative met with Mr.
Merkey on September 8, 2005. Although Mr. Merkey has contacted me by
phone on several occasions, at no time did we discuss your name.
A: FALSE. Jim Lunderg specifically called me and asked for your name. He claimed the decision was at the Novell Board Level and had been for over four months following my notice to Novell I would be asking for all emails sent by their employees to these websites and blogs, and all blog postings by Novell Employees (Pursuant settlement agreement). Also, I never made any statement that there was ever any "meeting" on September 8. This appears to be an inference on the part of Mr. Petrofsky.
2- To the best of my knowledge, Novell has never considered "coming
after" you.
A: TRUE. Novell only asked for your name. They stated no decision had yet been made but that they were "gathering infromation about you."
3- Novell did not "authorize" Mr. Merkey to do anything on Novell's
behalf, let alone "serve any subpoena."
A: TRUE. Novell and I discussed subpoena's to Jones and to Novell. Novell stated they did not object to me serving subpoenas on these parties. Note the careful quoting and choice of words. Also note I DON'T NEED THEIR PERMISSION:-)
4- While Novell is still considering possible recourse for what Novell
believes is a breach by Mr. Merkey of the Settlement Agreement, Novell
still considers the Settlement Agreement to be highly confidential and
strongly disagrees with many of the allegations in Mr. Merkey's
Complaint.
A: TRUE. This means don't distribute the agreement. Remember, it's an agreement between four parties. You cannot distribute it unless you obtain the permission of all the parties. Novell alone cannot grant such an authorization. As for the rest of Novell's statements, read the public filings and exhibits filed with the US District Court and reconcile this language to their statements. They are always welcome to file claims of any breach, best of luck, I did not post it to the internet -- You did.
Jeff V. Merkey
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Wednesday, September 21 2005 @ 10:03 AM MDT |
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Judge Dale Kimball today dismissed James Mooney's lawsuit filed in US District Court 2:05cv383 against Mr. Merkey, the State of Utah, and the other named defendants.
James Mooney is being prosecuted for 19 felony counts alleging that he was misrepsenting himself as an American Indian for the purposes of distributing controlled substances to the American people. The Court's ruling is attached and can be reviewed from this site.
Order Dismissing James Mooney and
Oklevueha Federal Lawsuit 2:05-cv-383
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Monday, September 19 2005 @ 05:17 PM MDT |
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| Yahoo, Inc, the hosters of the SCOX internet libel, stalking, and harassment message board, had a sudden and uncontrollable attack of common sense and deleted any and all content on it's site related to jeff_v_merkey. Thanks Yahoo! You are awesome. I appreciate Yahoo removing this content. I also want to thank Yahoo for moderating the Board.
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Monday, September 19 2005 @ 02:34 PM MDT |
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Mr. Al. Petrofsky has sent threatening letters to Novell stating he demands clarification regarding the Novell/TRG settlement agreements and threatens to distribute these documents if Novell does not concede to his demands.
Mr. Petrofsky also made libelous, false, and misleading statements in his communications which he also sent to Pamela Jones of Groklaws and other sites.
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Sunday, September 11 2005 @ 08:01 PM MDT |
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In a brilliant display of stunning legal acumen (NOT!) Al Petrofsky of
SCOFACTS.ORG continues to violate Federal Privacy Laws by posting
and recording telephone calls to the internet with plaintiff,
distributing private emails of plaintiff, and generally and thoroughly
embrassing and humiliating the EFF and the ACLU who were trying to
assist these individuals in this matter and repeatedly violating the
very privacy laws these folks who rushed to their aid to defend them
are sworn to protect.
Al Petrofsky's actions stand on their own for the world to evaluate,
and are a reflection on him. I am amazed at the ignorance of some
people out on the internet. I can only presume that some of the
defendants now know they are in a lot of trouble for distributing these
sealed documents and just don't care any more since it is blatantly
clear they are going to be subjected to severe sanctions from the
Courts.
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Friday, September 09 2005 @ 10:19 AM MDT |
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We are pleased to announce that settlement has been reached between the parties ip-wars.net, Jeff Causey, and MRBUTTLE. As such, all claims and causes of action are dismissed without prejudice against them.
On a personal Note, Mr. Merkey thanks Jeff Causey for coming forward and proposing a reasonable resolution which preserved IP-WARS.NET rights of free speech while at the same time removed content from his site which was questionable.
I personally thank Jeff Causey for his integrity and reasonableness in this regard.
Jeff V. Merkey
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Friday, August 26 2005 @ 10:58 AM MDT |
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I am pleased with the recent EFF Press Release which more accurately portrays the dismissal of SCOX members from the suit.
I elected to dismiss the parties due to an ongoing investigation by the United States and because after giving the matter a lot of though, I agree strongly in first ammendment rights, and the right to speak anonymously, provided it is done responsibly. In fact, I funded a law firm in Utah for almost four years that filed actions in both State and Federal Courts to protect First Ammendment rights in Utah.
That being said, I do not agree that this First Ammendment protection can be used as a shield when anonymous speakers make death threats, distribute false information, or harrass individuals over the internet. Many anonymous speakers throughout history have made significant contributions in the areas of politics and social improvement -- this is very different from using anonymity to harm another person by threatening them, distributing false information to cause them harm, or stalking them on the internet.
These types of activities are not protected by the First Ammendment and should not be, and are at the other end of the spectrum from what a reasonable person would consider to be the exercise of free speech in support of positive social and political change.
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Thursday, August 25 2005 @ 04:04 PM MDT |
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Pamela Jones of Groklaw has failed to respond to requests for her address of service in this action. As such, Plaintiff is seeking information as to her address of service and offering a reward to anyone who wishes to come forward and disclose the whereabouts of Ms. Jones, or her address for service of legal process.
Plaintiff is currently seeking Expedited discovery in the matter of 2:05-cv-521 DAK-SA in an attempt to locate Pamela Jones for Service. Anyone with information regarding the whereabouts of Ms. Jones may email this information to jmerkey@merkeylaw.com
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