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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Improving Outlook Email Display

Today Litmus announced they had partnered with Microsoft to fix many of the rendering issues with Outlook. Congrats, Litmus! This is awesome. I know a lot of folks have tried to get MS to the table to fix some of the problems with Outlook. Take a bow for getting this off the ground.
According to Litmus, the partnership has two parts.

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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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September 2016: The month in email

Happy October, everyone. As we prepare to head to London for the Email Innovations Summit, we’re taking a look back at our busy September. As always, we welcome your feedback, questions, and amusing anecdotes. Seriously, we could use some amusing anecdotes. Or cat pictures.
 
San Francisco and Coit tower
We continued to discuss the ongoing abuse and the larger issues raised by attacks across the larger internet infrastructure. It’s important to note that even when these attacks aren’t specifically targeting email senders, security issues affect all of us. It’s important for email marketers to understand that increased attacks do affect how customers view the email channel, and senders must take extra care to avoid the appearance of spam, phishing, or other fraudulent activity. I summarized some of the subscription form abuse issues that we’re seeing across the web, and noted responses from Spamhaus and others involved in fighting this abuse. We’re working closely with ESPs and policy groups to continue to document, analyze and strategize best practices to provide industry-wide responses to these attacks.
I was pleased to note that Google is stepping up with a new program, Project Shield, to help journalists and others who are being targeted by these attacks by providing hosting and DDoS protections.
I’m also delighted to see some significant improvements in email client interactions and user experiences. I wrote a bit about some of those here, and I added my thoughts to Al’s discussion of a new user interaction around unsubscribing in the iOS 10 mail client, and I’ll be curious to see how this plays out across other mail clients.
For our best practices coverage, Steve wrote about global suppression lists, and the ways these are used properly and improperly to prevent mail to certain addresses. I wrote about using the proper pathways and workflows to report abuse and get help with problems. I also wrote about the ways in which incentivizing address collection leads to fraud. This is something we really need to take seriously — the problem is more significant than some bad addresses cluttering up your lists. It contributes to the larger landscape of fraud and abuse online, and we need to figure out better ways to build sustainable email programs.
Is there such a thing as a perfect email? I revisited a post from 2011 and noted, as always, that a perfect email is less about technology and more about making sure that the communication is wanted and expected by the recipient. I know I sound like a broken record on this point (or whatever the 21st century equivalent metaphor of a broken record is….) but it’s something that bears repeating as marketers continue to evolve email programs.
We had a bit of a discussion about how senders try to negotiate anti-spam policies with their ESPs. Is this something you’ve experienced, either as a sender or an ESP?
In Ask Laura, I covered shared IP addresses and tagged email addresses, questions I get fairly frequently from marketers as they enhance their lists and manage their email infrastructures. As always, we welcome your questions on all things email delivery related.

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