Techdirt lawsuit settled

Back in 2017 Techdirt wrote a series of articles about Shiva Ayyadura. Shiva claims he invented email. (narrator voice: he didn’t). I wrote about the lawsuit when it was dismissed on First Amendment grounds. The parties cross appealed, and have been in settlement talks for 18 months.

According to Techdirt, the non-monetary settlement they agreed to is that all the articles in dispute will have a link to a statement published by Shiva.

You may wonder how it could possibly take 18 months to negotiate a settlement about adding links to old articles — and, indeed, I wonder that myself. The entire process has been quite a pain for us. I cannot and would not describe this result as a victory, because this has been nearly two and a half years of wasted time, effort, resources, attention and money just to defend our right to report on a public figure and explain to the world that we do not believe his claims to have invented email are correct, based on reams of evidence.


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The history of email

My first access to “the internet” was through a dialup modem on a VAX at the FDA. I was a summer intern there through my college career and then worked full time after graduation and before grad school. My email address ended in .bitnet. I could mail some places but not others. One of the places I couldn’t send mail was to my friends back on campus.
A few of those friends were computer science majors, so one weekend they tried to help me troubleshoot things. . There were text files that they ended up searching through looking up how to send mail from .bitnet to .edu. But it was all a baffling experience. Why couldn’t it just work? I had email, they had email, why could we not talk?
I never did figure out how to send email to campus from .bitnet.
Eventually, the FDA moved from BITNET to the internet and I had a .gov address. I could send mail around just by getting the recipients’s address. But the mystery of why I could mail some .edus and not others still lingers. I wonder what our setup was that we couldn’t send mail. I’ll probably never know. I don’t even have enough details to explain the problem to someone who would know. I suspect the answer will be “bang paths” or “host.txt” files, but I really don’t know.

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Who didn't invent email, part 2

Back in 2014, Steve wrote an article discussing Shiva Ayyadurai,and his claims that he was the inventor of email. In that article he links to a number of articles from Techdirt. Earlier this year, Shiva sued Floor64, the parent company of Techdirt, as well as Michael Massnick the Founder, CEO and editor and Leigh Beadon, a writer for Techdirt. (Original Complaint pdf from ReCAP). Ars Technica has a good article on Shiva and his claims.

The complaint asserts that the defendants defamed Shiva in their articles, caused him economic harm and inflicted emotional distress on him.
Today the judge dismissed the case (Memorandum and Order, pdf from ReCAP) against Michael and Leigh.  The legal standard for punishable defamatory statements is there must be a way to prove them true or false. The judge ruled that since there is not a single definition of email, that there is no way to definitively prove Techdirt’s statements as true or false.
No one disputes the Shiva coded a system that encompasses the features we expect of any desktop or web based mail client. As many people have mentioned, the fact he was 14 and put together a complex program is impressive in and of itself. No one is disputing what he did accomplish.
To my mind the fundamental core of email is interoperability. It’s that I can sit in my lab at the University of Wisconsin, type a message, hit send and have someone in Boston receive the message. I can sit here in my office in California and write to my client in the the UK. The bits of the email client, which define email according to Shiva, are not email. They’re important for usability, but they’re not what makes  email email.
According to Ars Technica, Shiva is going to appeal the dismissal.
EDIT: Techdirt has posted an article on the lawsuit and the dismissal.
 

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Send Actual SMTP

It’s rare I find mail that violates the SMTP spec (rfc5321 and rfc5322). I’ve even considered removing “send mail from a correctly configured mail server” from my standard Best Practices litany.

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