[Sussex] An interesting Law suit....

Steve Dobson steve at dobson.org
Sat Jul 2 08:00:46 UTC 2005


Matt

On Sat, Jul 02, 2005 at 07:51:14AM +0000, Matthew Macdonald-Wallace wrote:
> Apparently we're all right-wing terrorists and the OSS movement serves
> 
> "...to create a funneling system allowing sensitive and advanced
> technology created by computer technology companies in the United States
> to be illegally exported out of the United States and into the hands of
> the citizens of other countries.
> 
> 43. As a result of these activities, a large portion of US technology
> has been unwittingly placed into the hands of various groups around the
> world, including Al-Queda, and other groups who sponsor international
> terrorism. "
> 
> http://www.merkeylaw.com/article.php?story=20050621145053855
> 
> and here was me thinking that OSS was more of a
> socialist/share-and-share-alike/spread-the-wealth kind of a project.
> 
> I'd better start learning how to crack computers and post credit card
> details to the internet, seems I'm not an advocate of OSS after all...
> ;)

So Merkey is up to some new tricks.  As you will see here is is well
known to Groklaw - and last year offered money if Linux was to drop
the GPL and use a BSD licence.

Of course Linus (or anyone else) can't do that.  The copyright of the
code in Linux is owned by hundreds, if not thousands, of people (and
companies).  For example the JFS code is owned by IBM, and has their
copyright notice at the top.  If the license of Linux is to change to
a non-GPL one then all contributors will have to agree to that switch
(or their code will have to be ripped out).

I did a little searching and found an old article on Groklaw which
reports that Merkey (assuming it is the same person) was involved in
the Novell v. Timpanogos Research Group, Inc. case.  In his ruling
the judge had the following to say about Merkey:

    "123. Major testified that even though he has such a close business
    relationship with Merkey, he has to filter what Merkey says to
    find the truth, he is unable to control Merkey, Merkey is able to
    create his own reality which may have no basis in fact, and Merkey
    is prone to exaggeration.

    "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.

    "125. Major acknowledges that Merkey does not see boundaries; that
    if he feels strongly or wants to do something, he does it."

Steve
-- 
Vulcans believe peace should not depend on force.
		-- Amanda, "Journey to Babel", stardate 3842.3
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