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posted by Fnord666 on Thursday September 07 2017, @03:23PM   Printer-friendly
from the the-first-amendment-means-something dept.

Submitted via IRC for TheMightyBuzzard

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.

Source: https://www.techdirt.com/articles/20170906/13431338159/case-dismissed-judge-throws-out-shiva-ayyadurais-defamation-lawsuit-against-techdirt.shtml


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  • (Score: 2) by NewNic on Thursday September 07 2017, @06:26PM (2 children)

    by NewNic (6420) on Thursday September 07 2017, @06:26PM (#564693) Journal

    No, actually, I think you will find that false speech is also protected.

    --
    lib·er·tar·i·an·ism ˌlibərˈterēənizəm/ noun: Magical thinking that useful idiots mistake for serious political theory
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  • (Score: 2) by requerdanos on Thursday September 07 2017, @06:41PM

    by requerdanos (5997) Subscriber Badge on Thursday September 07 2017, @06:41PM (#564705) Journal

    Your point is well taken.

  • (Score: 2) by FatPhil on Friday September 08 2017, @12:49PM

    by FatPhil (863) <{pc-soylent} {at} {asdf.fi}> on Friday September 08 2017, @12:49PM (#565049) Homepage
    But we all demand the right to say otherwise!!!!
    --
    Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves