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Techdirt's First Amendment Fight For Its Life


From: "Dave Farber" <farber () gmail com>
Date: Sun, 19 Feb 2017 11:15:19 -0500




Begin forwarded message:

From: Dewayne Hendricks <dewayne () warpspeed com>
Date: February 19, 2017 at 9:13:06 AM EST
To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] Techdirt's First Amendment Fight For Its Life
Reply-To: dewayne-net () warpspeed com

[Note:  This item comes from friend Bob Frankston.  Bob’s comment:'I donated. Can one counter-sue for harassment on 
such a bogus claim?’.  DLH]

Techdirt's First Amendment Fight For Its Life
from the the-first-amendment-has-to-mean-something dept
By Mike Masnick
Jan 11 2017
<https://www.techdirt.com/articles/20170111/11440836465/techdirts-first-amendment-fight-life.shtml>

As you may have heard, last week we were sued for $15 million by Shiva Ayyadurai, who claims to have invented email. 
We have written, at great length, about his claimsand our opinion — backed up by detailed and thorough evidence — 
that email existed long before Ayyadurai created any software. We believe the legal claims in the lawsuit are 
meritless, and we intend to fight them and to win.

There is a larger point here. Defamation claims like this can force independent media companies to capitulate and 
shut down due to mounting legal costs. Ayyadurai's attorney, Charles Harder, has already shown that this model can 
lead to exactly that result. His efforts helped put a much larger and much more well-resourced company than Techdirt 
completely out of business.

So, in our view, this is not a fight about who invented email. This is a fight about whether or not our legal system 
will silence independent publications for publishing opinions that public figures do not like.

And here's the thing: this fight could very well be the end of Techdirt, even if we are completely on the right side 
of the law.

Whether or not you agree with us on our opinions about various things, I hope that you can recognize the importance 
of what's at stake here. Our First Amendment is designed to enable a free and open press — a press that can 
investigate and dig, a press that can challenge and expose. And if prominent individuals can make use of a crippling 
legal process to silence that effort, or even to create chilling effects among others, we become a weaker nation and 
a weaker people because of it.

We are a truly small and independent media company. We do not have many resources. We intend to fight this baseless 
lawsuit because of the principles at stake, but we have no illusions about the costs. It will take a toll on us, even 
if we win. It will be a distraction, no matter what happens. It already has been — which may well have been part of 
Ayyadurai's intent.

[snip]

Dewayne-Net RSS Feed: <http://dewaynenet.wordpress.com/feed/>





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