Just in 12 Sep 05: Merkey Phone Message to Al Petrofsky and other corespondance

  Date: Mon, 25 Jul 2005 19:23:40 -0700
  From: Alan P Petrofsky 
  To: "Jeff V. Merkey" 
  Subject: Re: Posting of Private emails

  Dear Mr. Merkey:

  I do not believe that my publication of the unsolicited emails that
  you have sent me is in any way illegal or tortious.

  Furthermore, please be explicitly advised that I have no interest in
  engaging in any form of private communication with you, and that I
  will feel free to share with the public any communications I receive
  from you.

  Yours truly,

  Alan P. Petrofsky

the following has been stated on http://www.merkeylaw.com

6.An Individual named Al Petrofsky posted the document to LWN.NET and allowed it to be mirrored onto a Server in Czechoslovakia and LWN.NET members distributed thousands of copies across the public Internet after the Court had sealed the Exhibit. (Exhibit 1)

I am NOT Al Petrofsky nor am i associated with him, i am not a US Citizen and resent the above !
further, i am responsible for this yahoo post (http://post.messages.yahoo.com/bbs?.mm=FN&action=m&board=1600684464&tid=cald&sid=1600684464&mid=283151&n=1) and the links mentioned in exibits Groklaw Exhibit 1, Groklaw Exhibit 2, Groklaw Exhibit 3, Groklaw Exhibit 4, Groklaw Exhibit 5 and LWN Exhibit 6, but not 7 mentioned in the Tuesday, July 12 2005 @ 01:52 AM MDT post on the merkeylaw site.
Also i obtaind the settlement prior to it's being sealed and as i am not a party to the settlement i am not bound by its conditions and not required to keep it confidential.

The following is from CASE NO. 970400339, DATED: January 30, 1998 - RULING - Anthony W. Schofield, Judge

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. For example, his e-mail message to Balciunas of June 12, 1997, contains several clear misstatements or fabrications of what transpired in court (Ex. 72)

132. Merkey also was dishonest in a number of the e-mail messages which he sent to Balciunas, either exaggerating or deliberately falsifying factual assertions which he made in those e-mails.

135. Given his penchant for creating a separate reality and for deliberate misrepresentation, I find Merkey's claim that he was simply floating vaporware unreliable. Rather, he wanted to have the benefit of both worlds....

So, does Merkey sound like a truthful indovidual?

then there is this comment refering to the above comments by Judge Schofield

"This was written by Novell's stooge Judge Schoefield. It's total fiction. Don't worry, it will get cleared up soon. " Jeff V. Merkey, http://lkml.org/lkml/2004/10/22/230

This is a Pic (removed)