Case Dismissed: Judge Throws Out Shiva Ayyadurai's Defamation Lawsuit Against Techdirt

from the the-first-amendment-means-something dept

As you likely know, for most of the past nine months, we've been dealing with a defamation lawsuit from Shiva Ayyadurai, who claims to have invented email. This is a claim that we have disputed at great length and in great detail, showing how email existed long before Ayyadurai wrote his program. We pointed to the well documented public history of email, and how basically all of the components that Ayyadurai now claims credit for preceded his own work. We discussed how his arguments were, at best, misleading, such as arguing that the copyright on his program proved that he was the "inventor of email" -- since patents and copyrights are very different, and just because Microsoft has a copyright on "Windows" it does not mean it "invented" the concept of a windowed graphical user interface (because it did not). As I have said, a case like this is extremely draining -- especially on an emotional level -- and can create massive chilling effects on free speech.

A few hours ago, the judge ruled and we prevailed. The case has been dismissed and the judge rejected Ayyadurai's request to file an amended complaint. We are certainly pleased with the decision and his analysis, which notes over and over again that everything that we stated was clearly protected speech, and the defamation (and other claims) had no merit. This is, clearly, a big win for the First Amendment and free speech -- especially the right to call out and criticize a public figure such as Shiva Ayyadurai, who is now running for the US Senate in Massachusetts. We're further happy to see the judge affirm that CDA Section 230 protects us from being sued over comments made on the blog, which cannot be attributed to us under the law. We talk a lot about the importance of CDA 230, in part because it protects sites like our own from these kinds of lawsuits. This is just one more reason we're so concerned about the latest attempt in Congress to undermine CDA 230. While those supporting the bill may claim that it only targets sites like Backpage, such changes to CDA 230 could have a much bigger impact on smaller sites like our own.

We are disappointed, however, that the judge denied our separate motion to strike under California's anti-SLAPP law. For years, we've discussed the importance of strong anti-SLAPP laws that protect individuals and sites from going through costly legal battles. Good anti-SLAPP laws do two things: they stop lawsuits early and they make those who bring SLAPP suits -- that is, lawsuits clearly designed to silence protected speech -- pay the legal fees. The question in this case was whether or not California's anti-SLAPP law should apply to a case brought in Massachusetts. While other courts have said that the state of the speaker should determine which anti-SLAPP laws are applied (even in other states' courts), it was an issue that had not yet been ruled upon in the First Circuit where this case was heard. While we're happy with the overall dismissal and the strong language used to support our free speech rights, we're nevertheless disappointed that the judge chose not to apply California's anti-SLAPP law here.

However, that just reinforces the argument we've been making for years: we need stronger anti-SLAPP laws in many states (including Massachusetts) and, even more importantly, we need a strong federal anti-SLAPP law to protect against frivolous lawsuits designed to silence protected speech. The results of this case have only strengthened our resolve to do everything possible to continue to fight hard for protecting freedom of expression and to push for stronger anti-SLAPP laws that make free speech possible, and not burdensome and expensive.

You have not heard the last from us on the issue of the First Amendment, free speech and anti-SLAPP laws -- or how some try to use the court system to silence and bully critics. Step one of this is our new Free Speech edition, which we announced just a few weeks ago, where we are focusing more of our reporting efforts on issues related to free speech and anti-SLAPP. We intend to do a lot more as well. For years, we've talked about these issues from the position of an observer, and now we can talk about them from the perspective of someone who has gone through this process as well.

Of course, if you have to face something like this, it helps to have great lawyers--and we're immensely grateful for the incredible hard-work of Rob Bertsche, Jeff Pyle and Thomas Sutcliffe along with the rest of the team at their firm, Prince Lobel Tye LLP.

Finally, I can't even begin to thank everyone who has supported us over the past nine months -- whether by kind words (you don't know how much that helped!) or through our survival fund at ISupportJournalism.com or by becoming a Techdirt Insider. We just passed Techdirt's 20th anniversary and while it's one thing to think that people like and support you, it's another thing altogether to see how people come out to support you when it matters most. And we were overwhelmed by the support we received over the past nine months, and the kind words and help that many, many people offered. It was beyond heartening, and, once again, it reinforces our resolve to continue to speak up for free speech and to do what we can to protect others' ability to speak out as well.


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  1. identicon
    Fredric L. Rice, 8 Sep 2017 @ 7:24pm

    I was using email since 1972

    When I read that asshole's demands that he invented email, I read it decades ago and I emailed him informing him that he was full of shit and that I had been using email since 1972.

    Now I see that the "doctor" asshole has continued to lie about "inventing email" in 1978 which is pure bullshit.

    I was wire-wrapping my own computers when I was 12 years old, using 4 bit CPUs and television screens for output, back when the DARPANet was not yet opened up for public access. That was before the MSI8080, the Ohio Scientific, Prolog, Datalog, Xerox 820, TRS-80, and everything else in the 6800 / 6802 / Z80 arena started.

    I have been in computer hardware and software -- toggled in using assembly op codes! using toggle switches -- and myself and my fellow Heath kit users sent and received email back in the early 1970s.

    We stored our data on 8 inch floppies and before that on rotating drums -- literally Quaker Oats cardboard plated with magnetizing materials which separate data read and data write heads accessed.

    The ass clown's lies are outrageous, he did not invent email, people like me -- old assholes in our own rights -- were sending emails among ourselves long before that asshole got a commercially-available computer. We made our own, we created our own software.

    By the way, that was before the first "killer application" was ever created, a decade before the first "killer app" -- which was a spreadsheet.

    I'm glad to see that the courts recognize the fact that the lying sack of shit is a lying sack of shit.

    Also by the way: The guy who created the first BBS could not be identified, either, because the dial-up BBS was a world wide effort, it developed over the course of years through several hundred people's work. Email was the same thing, many people developed email which has undergone change over time.

    That was before Planet Connect came on board, LONG before AOL opened up things, long before DARPANet opened up public access.

    My opinions only, and only my opinions, as always.

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