Message ID: 275270
Posted By: stats_for_all
Posted On: 2005-06-21 17:51:00
Subject: Merkey: on getting a copy

In June 1999, Merkey was in a manic phase after releasing the 1.4.3 NWFS file system. On LKML, He was claiming Novell malfeasance in actions absconding with GPL code. He claims an incriminating Novell document was part of the Merkey case 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
Source 1:
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


Source 2:
.... 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:
[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.

Message ID: 275769
Posted By: stats_for_all
Posted On: 2005-06-22 23:08:00
Subject: Merkey: What color is my devil's claw?

In August 2001, Merkey announced he was going back to court against Novell. His LKML post also described some other activities of Timpanogas, that is other than the gold vein mining that made it so wealthy.
He says:
When the new website goes up, folks may get a bit of a surprise since
we've been running a plant genetics lab here alongside our software
business. You will get a look at the results of our genetic
manipulation of probiscidea and mesembrecanthea. We have isolated
a cure for arthritis (not treatment, but a permanent cure) from
plants from the Native American seedbanks and have been performing
gene splicing and polyploid induction with several of these plants.


This is dangerously close to my professional expertise, so let me comment. In the animal kingdom, the Probiscidea are elephants. In the plant kingdom, the Genus Probiscidea aka Martynia has the common name of Unicorn Plant or Devil's Claw These plants are related to sesame and are the source of basket making material and edible okra-like pods in the SouthWest and Texas. The desert species was especially prized in basketmaking for black fibers. This genus is a well known in a number of Indian cultures. Nabhan's reports it used as a treatment for arthritis (without citation)

"mesembrecanthea" is an unknown term. I speculate that this may be Merkey's corruption of the family name Mesembryanthemaceae
(the iceplants), Several plants in this family now known as Aizoaceae have psychoactive and stimulant (anti-depressive) traits. These are Namibian or South African stoneplants and iceplants, most famously Sceletium tortuosum and Aptenia cordifolia. See:
Sceletium and Aptenia have both been used recreationally.

When Merkey says we:
"have been performing gene splicing and polyploid induction" he is uttering some revealing pseudo-scientific silliness. Producing Polyploid plants by treatment with colchicine is a mythic treatment for Cannabis indica dating to some mid-70's texts. There is virtually no citation for this treatment in the mainstream botanical press. Merkey is revealed here as making lurid grandiose claims rooted in some dog-eared "growers" manual.

Message ID: 277166
Posted By: atul666
Posted On: 2005-06-28 16:20:00
Subject: Merkey argues with Stats_for_all

I hadn't noticed before, but the comments to this LWN article include an exchange between Merkey and our very own stats_for_all. Stats digs up a number of Merkey's LKML posts (with links provided), including a couple where he told people how to get copies of the "sealed" settlement agreement. At one point, Merkey claimed MOG had a copy of the settlement, and I wouldn't be surprised if that was a true statement, for once.

Merkey's only response is to flatly deny that he wrote any of those LKML posts, which is a real hoot.

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