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Court Orders Shutdown of H-1B Critics' Websites
theodp writes "Computerworld reports that a NJ Superior Court Judge ordered hosting firms to shut down three Web sites that oppose the H-1B visa program and seeks information about the identity of anonymous posters. GoDaddy, Network Solutions, Comcast and DiscountASP.Net were ordered to disable ITgrunt.com, Endh1b.com, and Guestworkerfraud.com. Facebook Inc. was also ordered to disable ITgrunt's Facebook page. The judge's order was made in response to a libel lawsuit filed by Apex Technology Group Inc., which is citing its copyright ownership as it seeks the identity of the poster of a since-removed Apex employment agreement on Docstoc.com, which drew critical comments on US and India websites."
Guestworkerfraud.com works for me...
How is this not clear cut first amendment? A collection of websites expresses a political opinion. A potentially tort-able act, distributing a copyrighted document occurred. That doesn't give the courts the right to issue a blanket cease publication order.
Assuming the Computer World story is correct Judge James Hurley should be removed from the bench. I want to post this here for comment, since I live in NJ and thus have a state Senator that has oversight.
1) The recession is partly DUE to this practice.
2) It's not that the people won't work- it's that it's not being offered in the first place and they're claiming a "shortage" of workers (even though there's not...) and getting the H1B's in here
I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
The answer to your question: The Berne Convention, which affixes copyright on anything written down anywhere. Really. This comment is copywritten by yours truly thanks to that rule and that fun text at the bottom of the page, and as such if I were wealthy and a complete jerk I could sue someone for infringement if someone decided to plagiarize me.
So now it's becoming increasingly common to suppress the publication of a bad contract via copyright rather than via an non-disclosure clause. Among other things, asserting copyright gives the plaintiff all the DMCA suppression capabilities that a contract violation does not.
I am officially gone from
Nope, just a bad URL. Correct link
related post on itgrunt from google cache ... I would like to take this oppurtunity to highlight several aspect''s of the 9 page legal agreement which might be important for you. For example: 30 day termination notice or forget your last paycheck when you quit, If you join a company (including any level between you and Apex) then pay $35000 or face a law suit, $9000 for legal,training and guest services when you quit. $35000 if you quit in between a contract...etc. The legalities of the agreement are convoluted,complex and can/will be used against you if you displease Apex technology Group Inc. So once you sign that document you are at the mercy of the employer and much worse than a bonded labour in India. Apart from above, employees don''t receive their salary at the end of the month. It is usually received @ a random date in the following month, provided you are lucky. Else you would have to chase HR/Accounting to get your pay check. This process helps Apex technology group inc to hold back pay incase you choose to accept employment at another location. The most important aspect of your transaction''s with Apex Technology Group Inc is that they tell you one thing before you transfer your H1B to their consulting firm and then later do not stick to what they say(aka lies & cheating). In other words once you file/transfer your H1B to them you more or less become their slave and you will get entangled in thier web of lies and legal documents...
Holy indentured servitude Batman!
You have made numerous sweeping generalizations and exaggerations in your post. 1. Far from ALL Indian coders are "shitty". Look at the many inventions and innovations attributed to Indians in American companies. Google for names. 2. The salary is an exaggeration. H1B requires the companies to pay as much to an H1B hire as to an American citizen with the same experience/profile. 3. If the companies scam by listing out ridiculous requirements for job positions, don't they apply to Indians as well? Are you suggesting Indians are generally more skilled than Americans? If you are, then I can see you have explained why an H1B hire could be of more value than an American. And not only are you racist, you're ignorant. Do you know how many Indians graduate from American Universities with Masters/PhDs? Those are a huge chunk of H1B holders. Have a nice day.
Real men read Slashdot articles at -1, bottom up.
You have made numerous sweeping generalizations and exaggerations in your post.
1. Far from ALL Indian coders are "shitty". Look at the many inventions and innovations attributed to Indians in American companies. Google for names.
To be fair, certainly not all. But in my experience, a significant majority are sub-par.
2. The salary is an exaggeration. H1B requires the companies to pay as much to an H1B hire as to an American citizen with the same experience/profile.
This is the standard propaganda. The truth is that in the vast majority of cases, H1Bs are much cheaper. Why else would a company front the $2000+ it takes to host a single H1B? Of course, the kicker there is "with the same experience/profile". In my experience, the replacement H1B is nowhere near as qualified, on paper as well. They're just cheaper. The indentured servitude angle is also very attractive to the employer. You can treat them like crap and they won't leave because they can't. It does wonders for a worker's "attitude".
3. If the companies scam by listing out ridiculous requirements for job positions, don't they apply to Indians as well?
No. The requirement are conveniently changed later. Or the H1Bs resume is deliberately falsified to turn them into a match. Or the employer "throws up its hands" and works out a deal with someone like TCS to hire consultants only from them. Throw in an artificial rule like no consultants allows to work there for more than a year and you end up with a little invasion.
Are you suggesting Indians are generally more skilled than Americans? If you are, then I can see you have explained why an H1B hire could be of more value than an American.
An individual Indian could easily be more skilled than an individual American. And many highly skilled people are coming here on H1B visa. In my opinion, they deserve to be here (when the economy is good). But no immigrant, no matter how qualified should ever be allowed to replace an American (of any descent) who is already established here.
But as a group, the Indians I've seen here, when a company has clearly abused the H1B program, have been far less qualified than the people they replaced.
And not only are you racist, you're ignorant. Do you know how many Indians graduate from American Universities with Masters/PhDs? Those are a huge chunk of H1B holders.
It's convenient to use the examples of when the system has worked as intended to explain away the vast abuse and injustice taking place in our country. It's convenient to call us racist when we complain and take steps to protect the livelihoods of the people who are already here. This argument always makes me think about taking an IT job in India. Oh that's right, I can't. I would never be issued a work visa for an IT job because they protect their labor pool like we should be. But they're not racist.
Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.
What you have written is false. H1B Visa holders almost to a man get paid less than regular salaried employees. In fact, law firms have seminars to educate management on how to rig the system to hire H1B employees, how to advertise jobs in areas where they won't get applicants, and how to advertise so that they can obtain green cards for foreign employees. Here's one such seminar: http://www.youtube.com/watch?v=TCbFEgFajGU
The baby's fine -- please stop sending business cards.