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Techdirt Asks Judge To Dismiss Another Lawsuit By That Guy Who Didn't Invent Email (arstechnica.com)

Three months ago Shiva Ayyadurai won a $750,000 settlement from Gawker (after they'd already gone bankrupt). He'd argued Gawker defamed him by mocking Ayyadurai's claim he'd invented email, and now he's also suing Techdirt founder Michael Masnick -- who is not bankrupt, and is fighting back. Long-time Slashdot reader walterbyrd quotes Ars Technica: In his motion, Masnick claims that Ayyadurai "is seeking to use the muzzle of a defamation action to silence those who question his claim to historical fame." He continues, "The 14 articles and 84 allegedly defamatory statements catalogued in the complaint all say essentially the same thing: that Defendants believe that because the critical elements of electronic mail were developed long before Ayyadurai's 1978 computer program, his claim to be the 'inventor of e-mail' is false"...

The motion skims the history of e-mail and points out that the well-known fields of e-mail messages, like "to," "from," "cc," "subject," "message," and "bcc," were used in ARPANET e-mail messages for years before Ayyadurai made his "EMAIL" program. Ayyadurai focuses on statements calling him a "fake," a "liar," or a "fraud" putting forth "bogus" claims. Masnick counters that such phrases are "rhetorical hyperbole" meant to express opinions and reminds the court that "[t]he law provides no redress for harsh name-calling."

The motion calls the lawsuit "a misbegotten effort to stifle historical debate, silence criticism, and chill others from continuing to question Ayyadurai's grandiose claims." Ray Tomlinson has been dead for less than a year, but in this fascinating 1998 article recalled testing the early email protocols in 1971, remembering that "Most likely the first message was QWERTYIOP."

12 of 82 comments (clear)

  1. Re:First! by Cederic · · Score: 2

    No. You should say QWERTYUIOP and ask why the first email was sent on a keyboard missing the U key.

  2. Prior art by Maury+Markowitz · · Score: 5, Informative

    As far as I am aware, "666BOX" by IPSharp had all the features he's claimed and was first written in 1974. That is, to, cc, bcc, reply etc.

    I'm sure others here can come up with other examples?

    1. Re:Prior art by c · · Score: 2

      I'm sure others here can come up with other examples?

      Probably, but it doesn't matter... there's already enough well-known prior art out there that this guy is well into "kook" territory. More evidence that he's a kook isn't going to change his opinion. A court slapdown might, although I suspect they'll drop the case before it gets to that point.

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    2. Re:Prior art by MightyMartian · · Score: 5, Informative

      Ray Tomlinson invented email if you're going to pick any single person who developed the email system we know today. Ayyadurai developed some dead end email system years after the header formats were developed for Arpanet email. Ayyadurai can try to sue people all he wants but a series of RFCs beginning with RFC 561 in 1973 laid out the Arpanet email system that we still use today (though the transmission protocols have evolved since the mid-70s). That's the most frustrating part of this fruitcake's claims, since one can delve into the RFCs from the early 70s onward and see how the Internet email system evolved as new features and logic were added.

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      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:Prior art by PolygamousRanchKid+ · · Score: 2

      I'm sure others here can come up with other examples?

      IBM was kicking around emails on their SNA based VNET system in the mid-70s.

      I dimly remember that if your "reader" (inbox) was too large, you needed to create a large temp disk, copy everything from your "A" disk to the temp disk, un-mount both, then mount the temp disk as your "A" disk, clean up your mail, then mount your "real" "A" disk as a temp disk, copy everything from the "temp" "A" disk to the "real" "A" disk, and then finally re-mount the "real" "A" disk ask the "A" disk, and then temp disk would be automatically deleted when you logged out.

      Or something like that.

      There will be a pop quiz about this later in the thread.

      For my next act, I will show you how to enter CP, increase your virtual storage for the session, and then re-enter CMS with "i cms" . . .

      --
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  3. Re: Shiva Ayyadurai is a fraud. by Hognoxious · · Score: 4, Funny

    He invented computer science. Hence the word algoreithms.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  4. 1986 eMail.mil by OldHawk777 · · Score: 2

    My first eMail was in the 1980s prior to DNS. name1986@IPv4

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    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  5. Re: Shiva Ayyadurai is a fraud. by Calydor · · Score: 2

    Snopes says that Snopes is reliable. Just the same way that the Bible is the word of God because the Bible says so.

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    -=This sig has nothing to do with my comment. Move along now=-
  6. Re:Shiva Ayyadurai is a fraud. by hey! · · Score: 4, Interesting

    Well, it's possible that he's mildly delusional, as most of us are about beliefs about ourselves that we hold dear.

    It strikes me that Ayyadurai is in a legal catch-22 situation. Let's suppose for a moment he did "invent" email. That would make him a public figure, and the legal standard used to establish defamation is "actual malice. That's a difficult standard to meet.

    I assume Ayyadurai's complaint are claims that he is a "fake" or a "liar". Suppose some random shmoe is interviewing for a job, and you tell the interviewer that he's a "liar". That is defamation, unless you have actual reason to believe he is a liar. But if you say the same thing about a politician running for office, it's NOT defamation unless you have actual reason to believe he is NOT a liar. That's because the politician is a public figure.

    It seems to me nearly impossible to defame someone by calling him a liar in the context of his claiming to invent anything. His very demand to be recognized for his achievement makes him a public figure, whether that claim is true or not.

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  7. A kook and snake oil vendor by 140Mandak262Jamuna · · Score: 4, Insightful
    One look at his website , it is clear this guy is a simple kook, hawking "ginger can cure cancer" or "yoga improves your SAT score" stuff. His claim to fame rests on the "inventor of email" and that claim is his meal ticket.

    He cleverly won against a bankrupt company, which probably did not show up in court. He does not really have to win against TechDirt or anyone. He has already acquired enough blind followers who would shut out contradictory information, who are in the alternative facts realm. So he is in a no lose proposition. Win, he gets money and more credence. Lose, he would go back to "how big companies in big bad USA had stolen his invention and used high power and money to shut out a poor Indian immigrant". Either way his meal ticket is safe.

    So he is going sue me now? For defaming his character?

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  8. Re:Shiva Ayyadurai is a fraud. by MightyMartian · · Score: 4, Insightful

    His all argument is basically based on semantics. Basically, when he was a teenager, he wrote a program called "EMAIL", and that was the first messaging system called "EMAIL", except that it wasn't, previous systems had been referred to as "e-mail". At any rate, he then asserts that because his system was called "email" and he can't find anyone who called previous systems "email", that not only is he the first to develop a messaging system with that name, but apparently the first to develop a messaging system with those features. It's a semantic wordplay feeding into a conflation fallacy, because the features of his program already existed by 1975-76.

    He's a kind of IP troll save that he's bereft of any actual IP. At this point he really is a kook in the classic vein, trying to salvage a reputation he never really had.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  9. Re:Yeah by forty-2 · · Score: 2

    If you file a $15M lawsuit because someone hurt your feelings, you forfeit the right to be addressed as a civilized human being. Someone should hurt his feelings with a 3' section of schedule 40 black iron pipe.

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    never drink kool-aid from a big vat