(66 Total References)
Jeffery V. Merkey, Solera ...
Jeffery V. Merkey, Solera Networks' chief scientist, is the inventor of both.
Solera Networks Receives Storage Patents From Canopy Group | Solera Networks
Jeffery V. Merkey, Solera Networks' Chief Scientist, is the inventor of both.
Wikipedia | Deep Capture
Before you answer, consider the insights we can glean from the examples of Rachel Marsden and Jeff Merkey.
Merkey is a computer scientist and entrepreneur whose Wikipedia article came under attack by several editors critical of his professional associations.
According to Merkey
, in 2006, Wales told him that in exchange for a substantial donation, Wales could use his
influence to make Merkey
's article more agreeable, and to place Merkey himself under Wales's "special protection" as an editor.
made a $5,000 donation and hinted at the possibility of something much larger in the future.
The Wikipedia Review > Jimmy Wales and the Slippery Slope
Regardless, in this case, TechNewsWorld was right to maintain the original version - Merkey did make the accusation (of Wales/WP having accepted a donation to keep his BLP article "clean"), and they didn't try to assert that he was telling the truth, only that he made the accusation.
In March of 2008, former Novell (Nasdaq: NOVL) chief scientist Jeffrey Merkey accused Wales of extortion in a statement to the Associated Press.
said, asked him for money for Wales' Wikimedia Foundation
financial support, he
was reportedly banned from the Wikipedia site.
The first part, regarding Merkey
is probably unnecessary as Merkey's claims didn't really hold under scrutiny.
Jeff Merkey litigation
Jeff Merkey, Litigious Lunatic
launched the vexatious but humorously deranged www.merkeylaw.com website on June 15, 2005, announcing that:
PJ's offspring are also named in the complaint and her co-conspirators, as well as other sites who have perpetrated lies that Jeff Merkey works for SCO, etc. ad naseum.
That, in turn, led to Merkey
accusing me of aiding Communist Czechoslovakian enemies of the United States.
This litigation probably won't reveal much about SCO
Why is it here?
Well ..., on June 22, because people were curious, I made the complaint and its exhibits available at a couple of scofacts URLs (for which I did not bother to add links from any other scofacts page), and I posted the URLs to the discussions of the case that were occurring on Yahoo.com and LWN.net.
On June 23, I removed Exhibit 2, as a courtesy to Novell, Inc.
, Darren Major, and Larry Angus (see the email ). On July 12, Merkey
announced on www.merkeylaw.com that I had "violated a Federal Court Order", that "This conduct amounts and borders on espionage, treason, and domestic terrorism", and that I would be added as a defendant in his suit.
then added me as a defendant on July 20, and I filed a memorandum in the case on August 9.
Because there's no "Scofactsfacts" to cover the case, I added this page on August 10, for the benefit of anyone who is interested in the case, or who is in danger of falling for Merkey's
ability to appear sane for limited periods of time.
case on September 27.
Although 98 days had passed since he
had filed the case, no one had yet responded to his
complaint, because he
had never bothered to serve process upon any of the defendants.
had started to make a Rule 4(d)(2) request that would have obligated me to waive service of process, but he
was apparently unwilling or unable to make the seventy-four cents cash outlay that would have been required to complete his
request (see the Other Communications section).
As mentioned above, on June 23 I removed from this site an old settlement agreement, which Merkey
had filed a couple of days earlier as an exhibit to his
On October 20, after determining that the removal had been pointless (see my correspondence with Novell), I restored the item.
Below you can now find a complete set of the records in this case.
In 1998, the Fourth Judicial District Court of Utah found that Merkey
"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" (see 1998-01-30 ruling, p. 20 , from the TRG case).
From the nonsense Merkey has written this year in his
court papers, in his
email , and on his
merkeylaw.com website, it is apparent that in the last seven years there has been no improvement in the gulf between his
words and reality.
ridiculous claims in this case, one might think that there was no danger of anyone ever mistaking Merkey
for a rational human being, and certainly no danger of anyone thinking that statements by Merkey
could ever be relied upon for any purpose other than entertainment.
Unfortunately, however, people have really made such misjudgments, and have done so as recently as June 28, 2005.
At a hearing on that date in U.S. v. Mooney et al., prosecutor Veda Travis actually saw fit to call Merkey as a witness for the United States.
In the future, I hope that the information on this page will help people avoid making similar serious misjudgments about Merkey
A few weeks after he
own complaint, Merkey
moved to reopen the case "for the purpose of enforcing the Courts [sic] orders sealing the Novell/TRG settlement agreement" ( Dkt No. 32).
had filed the old Novell Settlement Agreement as an exhibit to his
Although having a copy of the Novell Settlement Agreement is useful for checking Merkey's
mischaracterizations of it, there are other documents that are much more useful if you're simply looking for confirmation that Merkey
is indeed a total nutjob.
For one, there's his
delusional complaint in this case, in which he
describes a broad and murderous conspiracy against him involving "Linux Members", Al-Qaeda beheadings, and weapons of mass destruction.
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.
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 -- indeed the heart of most auto accident cases is the different perceptions of eye-witnesses -- 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.
(Novell v. Timpanogos Research Group , 46 USPQ.2d 1197, 1204 (Utah 1998))
At various times, Merkey
has attempted to intimidate people into not publishing that ruling, by falsely claiming that it was sealed by the court.
In truth (as Merkey
well knows, during his lucid moments), Judge Schofield's ruling was never sealed, and it is therefore publicly available from the court in Utah County (see these images of a paper copy that the court provided in August 2005).
As I discussed in the previous update above, Merkey
- despite his
frequent insane outbursts - is actually capable of temporarily appearing normal, and this can lead to real harm when people unfamiliar with him fail to realize that they shouldn't believe a word he
I continue to hope that by leaving the information on this page available here, where it might be found by someone who is considering trusting Merkey in any way (including, God forbid, by any other prosecutors who might be considering using Merkey as a witness for the state), that I might help someone to avoid making a serious mistake.
Merkey v. Perens et al
JEFFREY VERNON MERKEY,
, Show cause: #33 Support memo; #35 Support affidavit
"MEMORANDUM IN OPPOSITION TO ELECTRONIC FRONTIER FOUNDATION AND AMERICAN CIVIL LIBERTIES UNION OF UTAH MOTION
FOR LEAVE TO FILE AMICUS BRIEF" [pdf] (filed by Merkey)
Motion Hearing held on 8/17/2005 re #8 MOTION to Expedite Discovery filed by Jeff V Merkey
,. (Court Reporter Laura Robinson.)"
Transcript: "Motion for Expedited Discovery" [html] [unofficial pdf].
2005-08-18 (unnumbered) Add and Terminate Judges
Docket text: "**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Jeff V Merkey
as to Al Petrofsky served on 12/8/2005, answer due 12/28/2005".
lawsuit-related pronouncements appeared at www.merkeylaw.com.
The domain whois record shows that it was registered to Merkey's "Utah Native American Church" ( Utah corp. 4982981-0145) on 2005-06-14.
Here are local archived copies of two pages that appeared there:
2005-06-15: The initial homepage , announcing that he
seeks billions of dollars in damages.
2005-08-25 Certified Mail from Merkey
Entire contents of envelope:
2005-09-09 Voicemail "... Novell's
coming after you ..." [transcript] [audio mp3], from Merkey
2005-09-16 Letter re: "Vexation in Novell's
name by Jeffrey Vernon Merkey
" [html] [pdf] from Petrofsky.
The ruling includes several findings about Merkey's
estrangement from reality. (It also contains interesting analysis of trade secrets law, and it is the first ruling by any state or federal court in the tenth circuit to adopt the doctrine of "inevitable disclosure", which is why the ruling was published, as 46 USPQ.2d 1197.) Merkey
's initial response, made on the same day, was an amusing letter about Schofield's "Mormon masters" [pdf] . Merkey later filed an Affidavit of Prejudice, which was the subject of Judge Hansen's 1999-01-07 ruling [pdf] , which finds that Merkey's affidavit "fails to support any allegation of bias or prejudice with legal sufficiency".
The prosecution called Merkey
to testify against Mooney at his initial detention hearing on 2005-06-28 (see the minutes and the transcript).
testified that Mooney's attorney was threatening him with continuing litigation in retaliation for merely "provid[ing] any information" to the authorities prosecuting Mooney (transcript at 40:8-24).