Wikipedia:Requests for arbitration/67.177.35.25 vs. Fvw, Pgk, Exabit, Kebron, Lulu of the Lotus-Eaters, Mjpieters and Redwolf24

===67.177.35.25 vs. Fvw,  Pgk,  Exabit,  Kebron,  Lulu_of_the_Lotus-Eaters, Mjpieters, and  Redwolf24===

Copyright Infringement/Privacy Laws/Libel/Defamaton/Harassment/Waltham and Lathan Act/CDA, Conversion, Internet Stalking and Harassment, Aiding and Abetting in the aforementioned conduct, and Administrator Abuse


 * Confirmation that all parties are aware of the request

Unable to provide. Mr. Merkey's Account is blocked and I do not know how to post this on this site. My husband is helping me type this and showing me where to post this content.


 * I have informed all the parties on the receiving end of this Request for Arbitration. I do not believe that any judgement ought to be brought against them without their knowing; clearly, the intantiating party here is unable or unwilling to make the effort to follow RfAr procedure. Rob Church Talk 22:12, 9 October 2005 (UTC)


 * Confirmation that other steps in dispute resolution have been tried

All steps including WP:RFM attempted. Last escalation of this issue within Wikipedia.


 * Hello Mr. Merkey's wife who refers to him as Mr. Merkey. If you want the page deleted, nominate it at AfD. If this AfD fails (or if you have, and it did) then its because the community chooses it to stay. We do not like legal threats, not even in a court of law in Trenton, New Jersey. This is definitely not something to mediate over. In fact, I support the block, and I think all the other mediators do too. This is pretty frivolous and I doubt any parties would agree to mediation. You should list this at the arbcom, where chances are they'll reject it. Don't make this another Ashida Kim. Mediation is not the right place to take this. R  e  dwolf24  (talk) 20:06, 9 October 2005 (UTC)

Status: Rejected

Statement by party 1
Administrator Fvw and the users listed above have been engaging in abuse of another user,  Gadugi. Gadugi is currently blocked from the site by Fvw. I am his wife and he asked me to post this request here due to continued administrative abuse by user Fvw reverting edits and enforcing the behavior of the named users. These users have been posting false information about Mr. Merkey at page Jeffrey_Vernon_Merkey, and in fact, they created the page solely for the purpose of using wikipedia as a platform for libel and personal attacks of Mr. Merkey. They have also taken Mr. Merkey's copyrighted content from his website merkeylaw.com and posted it to this site and are linking to illegal mirrors of the content on the internet which are in the UK and distriuting Mr. Merkey's copyrighted materials from this site. Mr. Merkey has been harrassed by these people for almost a year on various websites, and he believes them to be, Alan P. Petrofsky, Simon G. Best, Andre Hedrick, Russ Mossman, Rik Van Reil, and other associates of Linus Torvalds of the Linux Community. These users also posted a notice linking Mr. Merkey to his anonymous identity Gadugi which violates wikipedia policies. Mr. Merkey asks that his copyrighted materials and links to them be removed from this site and the notice disclosing his identity be removed from the site as it violates US privacy laws and he did not give wikipedia permission to disclose his identity. Mr. Merkey also asks that the page Jeffrey_Vernon_Merkey be deleted from this website as it changes every 5 minutes and is clearly just some sort of platform for internet libel, harassment, and stalking. Were the article accurate, Mr. Merkey would not object, but the article is simply propoganda for the Linux Community, and this clearly does not fall within wikipedias mission to bring and provide accurate content to the world.

Mr. Wales had a telephonic conversation with my husband when this page was first posted by SCOX members and he locked the page after agreeing to specific content that would appear here. Another Admin unlocked the account and allowed this conduct to occur from these people. I am a PG of Psycology and I am from Germany and my husband has exprienced bouts of rage, depression, and emotional trauma as a result of these posting on this site. The people pursuing him are severely disturbed and it is my clinical opinion many of them are psychopaths and sociopaths with severe personality disorders. I want our family life to go back to normal and I want these people stopped. They have posted death threats against our family on this site and our children. This situation is beyond intolerable. This is the final step we plan to take and if it does not yield results, we will look at other options, including contacting Mr. Wales or going to the press with this. Thanks.

PG Margit Mueller Merkey Mr. Merkeys wife.

Statement by party 2
Please limit your statement to 500 words

How very frivolous. Besides his her statement above containing what may be regarded as personal attacks, perhaps most curious is my involvement in the case. This is basically a whole new Ashida Kim, and I'm probably wasting my time by typing this... Anywho, my specific part in this case was rejecting a mediation for several reasons. I knew nothing would be accomplished by it, and I knew that the other parties would NEVER accept. Plus there's the whole thing that I endorse the block made against Gadugi. Though this arbitration case should probably be accepted in hopes of it backfiring upon Mr. Merkey, legal threats and all.

R e  dwolf24  (talk) 21:09, 9 October 2005 (UTC)

Statement by party 3
Seeing as this is another attempt of Jeff Merkey to have his bio (which is now in a pretty good NPOV and balanced state) removed from Wikipedia, I am non too inclined to say too much on this matter. Mr. Merkey has made various other attempts to have the article either altered to suit his POV better, or have it deleted entirely, for which I am sure more experienced editors than me can provide ample evidence. I'll review the WP:AP policies and provide evidence on his conduct as I am able and as needed instead. In the meantime, the article history and it's talk page should provide enough insight into Mr. Merkey to gain an understanding of what is going on.

--MJ( &#x260E; 22:18, 9 October 2005 (UTC).

Statement by party 4
Mr. Merkey (claiming to be various parties other than himself: his lawyer, his wife, a friend, and admirer, etc) has also tried RfC, RfM, legal threats sent to Jimbo Wales, and whatnot (all quickly discarded). He has energetically pursued creation of sockpuppet IP addresses as each one was blocked. I think Talk:Jeffrey Vernon Merkey is the right place to discuss any issues that may actually exist regarding the corresponding article; all the adminstravia is silly to use. I concur with Mjpieters, BTW, that the article is a pretty good one now, largely due to the IP blocks that allowed editors to work on it without constant disruption and reversion. Lulu of the Lotus-Eaters 22:46, 9 October 2005 (UTC)

Statement by party 5
The complaining party makes numerous and loud accusations without any supporting evidence. Since their statement does not list even a single edit (by myself or anyone else) which is "copyright infringement", "libel", "death threats", or any of the other evils which are attributed to us, I feel it's pointless to respond to such accusations until and unless they are substantiated.

--Exabit 23:16, 9 October 2005 (UTC)

Response to all Responding Parties by Merkey on WikiGadugi
I am responding since this action is now opened so my views are also listed.

These indviduals have shown a decided bias against me. They have ignored and removed all positive information posted by others or provided for this article. Anytime another person states they disagree with the article, these people claim they are a sockpuppet of me, even when I am out of town and have no access to my computers. User Fvw obtained and posted PRIVATE bash_rc logs from kernel.org from my PRIVATE account and posted them to this site then got my kernel.org account revoked. Some of these folks have made death threats on other websites. I have literally thousands of pages of this content from other sites. Within minutes of links being posted here to my servers, they come under DOS (Denial of Service) attacks, so I have blocked or forwarded all my servers. These people also post links to servers they control and modify and post content in some sort of shell game to libel and harrass me. They have enlisted Fvw as their "enforcer" to post blocks and revert edits and enforce their lynch mob attacks. Most of their conduct is ILLEGAL.

This article is one of many of the propaganda efforts to livbel and attack anyone who Linux folks don't like. I am tired of my private dealings with Novell from over a decade ago being smeared all over the internet. I was there, its over, its been over for ten years. No one focuses on the good things I do, this has been a smear campaign. Most of these links are false, and editors and journalists wont touch them so why here?

Lulu and Exabit remove any positive content and post edit comments they are involved in "cleanup" when what they are realy doing to slanting and skewing the article to create the most sinister portrayal of me possible. Fvw claimed I made legal threats, when I never did. This was just an excuse for the lynch mob of social misfits to pursue and attack, with Fvw blocking any comments from me or others who disagreed with these people. Pgk posts nothing but libel and personal attacks and skewed viewpoints. Read the article, it draws conclusions and assumptions not based on facts, but follows a specific agenda to "smear" me publically. These people even posted links to Encyclopedia Dramatica, the cesspool of the Internet, where they have accounts and produced an article that is vile beyond description, then linked this content to it.

I have been stalked on the internet by these "Self Appointed Linux Enforcers" all I am going to be. Revoking, blocking my accounts, or other adverse actions without good cause and for ulterior purposes are likewise improper. I have also reviewed WP:AP and it does not say that the subject of an article cannot edit or comment on it.

These people are simply using my name and trading on my goodwill to make names for themselves. Jimbo Wales made an agreement with me. I expect it to be honored. Either revert the article to his last edits and lock the content or delete the content entirely. Absent this, I will consider any other actions to be a breach or Mr. Wales agreements with me.

Sincerely,

Jeff V. Merkey

Statement by party 6
Not sure where to begin with this. Firstly regarding Redwolf24, I agree I would have considered mediation futile as it is quite clear from the complaint that the only acceptable resolution to Merkey is for him to have a veto over the content of the article. Regarding the broad complaints I agree with the other parties and am loathe to give any detailed response as the article and its history speaks for itself. However just to note the only suggestion of copyright violations was made some 30 minutes prior to filing the RfM, the RfM was also filed prior to any editor replying to the suggestion of copyright infringement. Regarding Merkey's children and death threats, no mention was made of these claims in the RfM, however the article speaks for itself no death threats are made and it doesn't mention Merkey having children. If any more information is required I'll happily give it.

--pgk( talk ) 01:02, 10 October 2005 (UTC)

Arbitrators' opinions on hearing this matter (0/4/0/0)

 * Reject: Merkey's legal threats take this matter beyond our jurisdiction &mdash; he can remain blocked until he either makes good on his threats, or withdraws them, but he cannot use our system of arbitration and the courts of the United States simultaneously (and I find it impossible to imagine how he expects us arbiters to protect him from the alleged Wikipedians he alleges have made alleged death threats) &#10149;the Epopt 04:00, 10 October 2005 (UTC)
 * Exabit has pointed out to me (thanks, Exabit!) that Merkey has withdrawn his legal threats, leaving only his threat (vide supra) of "going to the press with this." None the less, since we arbiters are entirely unable to help Merkey defend himself and his family against the alleged death threats he has allegedly received, I strongly encourage him to contact law enforcement or hire an armed security force.  My decision remains to reject this case. &#10149;the Epopt 14:02, 10 October 2005 (UTC)
 * Exabit was right until Mon, 10 Oct 2005 09:24:22 -0600, when Merkey issued new legal threats by e-mail to Jimbo, which include allegations of criminal behavior, threats of civil suits, and warnings of "disbarrment or sanctions" for WikiMedia attorneys. This case is rejected and Merkey is banned until all his barratrous threats are withdrawn, settled, or judged.  &#10149;the Epopt 01:07, 11 October 2005 (UTC)
 * Public Disclosure of a Rule 408 Settlement Offer under FRCL to the public is improper. This action by Wales simply demonstrates the type of people I am dealing with here.  You people believe you are above the law.  I note the attorney on the Arbcom is smart enough to keep his mouth shut and address just the issues.  And yes, Attorneys with accounts on this site are barred from representing Wikimedia in pending proceedings since they are all potential witnesses, and are not disinterested.  The purpose of addressing this here was to allow your holy pontiff's the ability to address the ISSUES raised, instead its the type of witchhunt I expected to see, egos and all.  Don't bother blocking this IP, I won't be using it again, nor posting to this site.
 * I have sent a closing message to Wales. There will be no legal proceeding involving this site at this time.  I will monitor the site and I typically wait 4-6 months before acting in these types of situations to give people a chance to cool off, me included, and things tend to fix themselves on their own.  I must say I am unimpressed with the Wikipedia Community as a whole, and its leader especially.  Jeff V. Merkey
 * Reject until all legal disputes have been resolved Fred Bauder 13:53, 10 October 2005 (UTC)
 * Reject as above. Jayjg (talk) 22:00, 10 October 2005 (UTC)
 * Reject, as above. James F. (talk) 15:16, 11 October 2005 (UTC)