Ayyadurai v. Floor64, Inc. et al

Filing 1

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-6439091 (Fee Status: Filing Fee paid), filed by Shiva Ayyadurai. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit)(Cornell, Timothy)

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Fact Checking Is Dead: Mainstream Media Goes Nuts

Repeating Debunked Claims By The Fake 'Inventor Of
Email'
from the is this rcalhj so hard? dept
Email
by Mike Mas nick

Tue, Sep 9th 2014
11:25am

Filed Under:
copyright, email,
fact checking, fran
drescher, inventor
of email,
journalism,

I had honestly hoped that yesterday's story about the Huffington Post finally retracting its series of

totally bogus articles (mostly written by Shiva Ayyadurai or his colleagues and friends, but a few by

READ POSTS EARLY, JOIN THE INSIDER CHAT £ MORE

: : inSIDER SHOP
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its actual "journalists"), pretending to argue that V,A, Shiva Ayyadurai had 'Invented email," would

ska

be the end of this story Ayyadurai has built up quite a reputation around this false claim, even

though it's been debunked over and over and over again.

n~
en

, u

rr.

¦i

:
r¦

Ayyadurai keeps coming back, often moving the goalposts and changing his definitions, but still

•iai

ultimately flat out lying in pretending to have "invented" email, To be clear, he did no such thing.

j

La

patents, reporting,

shiva. ayyadurai,
v.a. shiva
ayyadurai, wedding

Email was in wide use at the time he supposedly wrote his software, Ayyadurai, however, has

cleverly used misleading (to downright false) claims to make what appears on its face to be a

¦

—

credible story fooling a number of gullible reporters. The crux of his argument revolves around
Permalink.
Short link.

the copyright registration he obtained for a software program in 1962 called EMAIL. But, asweVe

Apartments.com

explained over and over again, a copyright is just for a specific expression (i.e., that specific

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program), and not for "inventing" anything, The most obvious parallel would be Microsoft, which
holds a copyright on "Windows" -- the operating system -- but did not "invent" the idea of a
graphical user interface involving "windows."

And yet, yesterday morning, everyone began flooding me with new stories about Ayyadurai,

Essential Reading

Hot Topics

5.3

The FCC Suggests Some Wis by Washy,

written by clueless entertainment reporters, all because Ayyadurai apparently got married to

Highly Unlikely Solutions To The

actress Fran Drescher, The "dating Fran Drescher" story has been making the rounds for a while

Poorly-Secured Internet Of Things

now, and it was so random and unrelated that we'd ignored it in previous posts, even though one
part of the UuffPo series was UuffPo Live talking to Ayyadurai about Drescher, in what was an

5.3 1 Iran The Latest Country To Use 'Fake
News' As An Excuse For Widespread

incredibly awkward exchange (note: despite pulling most of the other articles about Ayyaduria,

Censorship

Huff Po left this one up). In the video (which has been taken down), Ayyadurai made this incredibly
awkward 'introduction" to Fran, in which he repeatedly highlights that he's just hanging out 'in

5.3

If You're Worried About What President

Matibu with Fran," and then says for emphasis "with Fran Drescher, who I'm dating , " That leads

Trump Can Do To The Press, Blame

Fran to jump into view, and the HuffPo live "reporter" Caroline Modarressy-Tehrani starts

President Obania

absolutely gushing over Fran, It was v/eird, but since it wasn't directly related to whole lie about
"inventing email," we hadn't mentioned it,

New To Techdirt?
Explore some core concepts:

However, thanks to the "wedding," now it appears that tons of mainstream press reports are
writing about the wedding and repeating the totally debunked claim about Ayyadurai "inventing"

email, This has resulted in many people wondering if the whole HuffPo series was deliberately

Perhaps It's Not The Entertainment

Industry's Business Model That's Outdated

ramped up prior to the "wedding" to get the mainstream press to roll with the bogus claim. It's

If Intellectual Property Is Neither

entirely possible, but considering that Ayyadurai has been trying to make this Lie stick for years, it

Intellectual, Nor Property, What Is It?

may just be a convenient coincidence. Either way the mainstream press apparently is unable to do
any fact checking and is repeating bogus claims as facts. Let's highlight a few:

Saying You Cant Compete With Free Is
Saying You Can't Compete Period

.

People Magazine, written by "reporter" Gabrielle Olya, not only falsely claims Ayyadurai

read all »

invented email, but says he "holds the patent for creating email." This is all kinds of wrong.

He doesn't "hold the patent for creating email." He didn't create email, and he only got a

copyright (not a patent) on a program called EMAIL long after email had been created. The
People Magazine piece links to the bogus, now retracted, HuffPo story,
?

E-Online "reporter" Mike Vulpo falsely calls Ayyadurai "the inventor of email" and also Links
to the bogus, now retracted HuffPo story. Even more bizarrely Vulpo links to the now

debunked Washington Post articles from a few years ago (which have a huge correction
apologizing for the misreporting on Ayyadurai) saying "reports say he holds the copyright to
the computer program known as "email," Others say he indeed came up with the term
"email" when he was in high school in the late 1970s. Pretty impressive, right?" I love the
hedges "reports say" and "others say" while ignoring the fact that his claims to have
'invented" email are debunked. And while this is slightly more accurate in noting that he

18

Document title: Fact Checking Is Dead: Mainstream Media Goes Nuts Repeating Debunked Claims By The Fake 'Inventor Of Email' || Techdirt
Document title: Fact Checking Is Dead: Mainstream Media Goes Nuts Repeating Debunked Claims By The Fake 'Inventor Of Email' Techdirt
Capture URL: https://www.techdirt.com/articles/20140909/06514228460/fact-checking-is-dead-mainstream-media-goes-nuts-repeating-debunked-claims-fake-inventor-…
Capture URL: https://www.techdirt.com/articles/20140909/06514228460/fact-checking-is-dead-mainstream-media-goes-nuts-repeating-debunked-claims-fake-inventor-_
Capture timestamp (UTC): Mon, 12 Dec 2016 22:17:31 GMT
Capture timestamp (UTC): Mon, 12 Dec 2016 22:17:31 GMT
Page 1 of 14

People Magazine piece links to the bogus, row retracted, HuffPo story

•

E-Online "reporter" Mike Vulpo falsely calls Ayyadurai "the inventor of email" and also links
to the bogus, now retracted HuffPo story. Even more bizarrely Vulpo links to the now

debunked Washington Post articles from a few years ago (which have a huge correction

.V

apologizing for the misreporting on Ayyadurai) saying "reports say he holds the copyright to
the computer program known as "email," Others say he indeed came up with the term

CP

"email" when he was in high school in the late 1970s. Pretty impressive, right?" I love the

hedges "reports say" and "others say" while ignoring the fact that his claims to have
"invented" email are debunked. And while this is slightly more accurate in noting that he
has a copyright in a program called "email," it's not "the" computer program called EMAIL,

2
SERVICE
BUNDLE

which falsely implies it was the first one, Even more bizarrely, this same piece was

BUY NOW

reposted to "NBC Bay Area." You would think, being in the Bay Area, that they might have
reached out to folks actually in the tech industry to debunk Ayyadurai's ridiculous claims.
•

VPN Unlimited & To Do

ABC News S Good Morning America "reporter" Michael Roth man falsely claims that

Checklist: Lifetime

Ayyadurai is the "inventor of email" and makes it even more stupid by saying that Ayyadurai

Subscription Bundle

is "widely credited with having invented email," This is not even remotely true. He is only
credited with that by himself and a tiny group of friends, Rothman also doesn't appear to
understand even the basics of copyright by saying that Ayyadurai is "the first person to hold

Report this ad

a copyright for 'EMAIL,'" Again, all he did was write a program called EMAIL, long after
email had been invented. It also claims that Ayyadurai "currently teaches at MIT." A search

\

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Techdirt Insider Out

of MlTs staff directory does not actually return Ayyadurai as a current staff member,
http:Min ,th e rB g i ste r. co . uk72 0 1 671 2/0 8/v7i n te r_i s_c<

•

CBS News expands their reputation for skipping over any fact checking by saying Ayyadurai

time forthe touches and pitchforks, I think.

"holds the patent for inventing email, ' Again, basically everything in that statement is

Dark Helmet: Touches and pitchforks is my

wrong. He doesn't have a patent for inventing email. He got a copyright (very different) on

new favorite typo win

a program called EMAIL. And he didn't invent email. At least CBS News is smart enough not

Jeffrey Nonken: hah.
Well, mobile interface. That's my excuse.

to put a byline on this bogus reporting, but it also quotes the Huffington Post,

Vldiot: WaPo article on copyright fight gets it

•

UPI has an article that doesn't mention Ayyadurai's false claims in the text of the article,

wrong, of course... ASCAP and MPAA seen as
the Office's only constituents. How about us
citizens instead?

but does falsely call him "email creator" in the headline [which may not have been written
by the reporter who wrote the article),

https ffwww.was hin gto n p o st. co m/n ews/a rts-

•

The Daily Mail is somewhat famous for its lack of reporting skills and fact checking

andentertainment/wp;2016J12/09/congres5ionalpanel-calls-for-independent-copyright-office

and

the publication lives down to its reputation in an article by Chelsea White, which again
repeats the myth that Ayyadurai invented email. And while it claims there's "controversy"

over the claim (there isn't: everyone except him and his friends know he didn't invent email)

Mike Masrick: well, they do quote new head of
the ALA too. and he's good

it repeats the bogus claim that he has a patent on email: "Dr. Ayyadurai - who owns the

A

I

?

patent to email and is often credited as the inventor of the electronic mail system amid
some controversy " It also links to the Huffington Post,
•

Join the Insider Chat

US Magazine "reporter" Madeline Boardman more or less repeats verbatim what others are
saying about Ayyadurai being "the inventor" of email arid that he is "widely credited" as
such.

?

Headline and Global News "reporter" Dina Exil repeatedly ca Lis Ayyadurai the inventor of
email and also claims he "is known for being the first person to invent email," except none

of that is true. He's known for pretending that.
Y cur bp f -

•

Scjtth Kiwi

Don't catch a fever

Popcrush "reporter" Michelle McGahan calls Ayyadurai "the inventor of email" and also

in Seine River i

falsely claims he "owns the patent for email,"
Now, considering that this just some random celebrity gossip, it's not that surprising that these
"entertainment reporters" didn't bother to do any sort of fact checking. Why would they? And it's
tough to fault them for going for the easy layup on the typical 'famous person weds" story. But the

^

problem here is that Ayyadurai has been focused on using any and all press mentions as "evidence"
in his bogus campaign to declare himself the inventor of email, and now he has a number of other

—

sources to cite, even though they're all totally wrong.

It is worth noting that not everyone fell for the spin, The LA Times and San Francisco Chronicle

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both focused mainly on Drescher and more or less ignored Ayyadurai's bogus claims (though, the LA
Times does say he's at MIT, which again, does not list him as a current staff member).

Monday
The only publications I can find that really called out the bogus claims were Mashable, which
noted that Drescher has married someone who "likes to claim he invented email" and Gawker,
which noted that if Fran Drescher had actually read its previous articles about Ayyadurai., she

1 3:09 Two Former Senators Call Qn Qbama To Save The
Full CIA 'Torture Report' From Being Buried (2)
1 1 :52 The FCC Suggests Some Wtshy Washy Highly

might not have married him. What's funny is that in writing our series about the Huffington Post's

Unlikely Solutions "lb The Poorly- Secured Internet

bogus stories, some of our commenters insisted that this was actually proof as to why these "new

Off Things (13)

media" players weren't trustworthy compared to traditional vetted media. And yet, above we have

"trusted" media like ABC and CBS repeating totally false claims, while new media players like
Mashable and Gawker are debunking them.

10:40 Iran The Latest Country To Use "Fake News? As An
Excuse For Widespread Censorship (10)
10: 3S Daily Deal: DashCam Hi- Res Car Video Camera And
SGBMicroSD Card (1)

Document title: Fact Checking Is Dead: Mainstream Media Goes Nuts Repeating Debunked Claims By The Fake &#39;Inventor Of Email&#39; || Techdirt
Document title: Fact Checking Is Dead: Mainstream Media Goes Nuts Repeating Debunked Claims By The Fake &#39;Inventor Of Email&#39; Techdirt
Capture URL: https://www.techdirt.com/articles/20140909/06514228460/fact-checking-is-dead-mainstream-media-goes-nuts-repeating-debunked-claims-fake-inventor-…
Capture URL: https://www.techdirt.com/articles/20140909/06514228460/fact-checking-is-dead-mainstream-media-goes-nuts-repeating-debunked-claims-fake-inventor-_
Capture timestamp (UTC): Mon, 12 Dec 2016 22:17:31 GMT
Capture timestamp (UTC): Mon, 12 Dec 2016 22:17:31 GMT
Page 2 of 14

monaav

The only publications I can find that really called out the bogus claims were Mashable, which

1 3:09 Two Former Senators Call On Obama To Save The

noted that Drescher has married someone who "likes to claim he invented email" and Gawker,
which noted that if Fran Drescher had actually read its previous articles about Ayyadurai, she

Full ClATorture Report From Being Bulled (2)
1 1 :52 The FCC Suggests Some Wfehy Washy Highly

might not have married him. What's funny is that in writing our series about the Huffington Post's

Unlikely Solutions "lb The Poorly- Secured Internet

bogus stories, some of our commenters insisted that this was actually proof as to why these "new

Off Things <13)

media" players weren't trustworthy compared to traditional vetted media. And yet, above we have

10:40 Iran The Latest Country "lb Use "Fake Nev-tf As An

'trusted" media like ABC and CBS repeating totally false claims, while new media players like

Excuse For Widespread Censorship (10)

Mashable and Gawker are debunking them,

10:38 Daily Deal: DashCam Hi-Res Car Video Camera And
SGB WkroSD Card (1 )

Anyway, I'd like to think this story is now over, but somehow I get the feeling that Ayyadurai will

09:39 Georgia Secretary Of State Accuses DH5 Of

continue to press his bogus claims again and again and again,.

Breaching His Office's Firewall (15)
08:31

If Vbi/re Worried About What President Trump Can
Do "lb The Press, Blame President Obama (40)

S @ E9 K3 lil 03

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Minja (profile), 9 Sep 2014 (? 11\ 14am

https://en.wikipedia.org/wiki/Email

1962 if you consider the first systems, 1969 if you consider the one used on ARPANET

https: / /en . wiki pedi a. o rg/ wi ki /Shiva_Ayyadu rai

Born 1963. Either he was a child genius or he wasn't even born.

look me 1 minute to find both and another minute to check the references. SUCK IT OLD MEDIA.
[ reply to this I link to this I view in chronology ]

k

Ninjia (profile), 9 Sep 2014 if 11:17ain

Re:
To be honest I spend pail of the minute misspelling his name.
[ reply to this I link to this I view in chronology ]

vE-F^ Michael, 9 Sep 2014 & 1h32am
Can someone from the EU please send the internet a notice to forget this guy?
r ranlu

fhtr

I

linL- f-rt f-Kic

I lrienij in, /+»rrtrv»ljvnr 1

Document title: Fact Checking Is Dead: Mainstream Media Goes Nuts Repeating Debunked Claims By The Fake &#39;Inventor Of Email&#39; || Techdirt
Document title: Fact Checking Is Dead: Mainstream Media Goes Nuts Repeating Debunked Claims By The Fake &#39;Inventor Of Email&#39; Techdirt
Capture URL: https://www.techdirt.com/articles/20140909/06514228460/fact-checking-is-dead-mainstream-media-goes-nuts-repeating-debunked-claims-fake-inventor-…
Capture URL: https://www.techdirt.com/articles/20140909/06514228460/fact-checking-is-dead-mainstream-media-goes-nuts-repeating-debunked-claims-fake-inventor-_
Capture timestamp (UTC): Mon, 12 Dec 2016 22:17:31 GMT
Capture timestamp (UTC): Mon, 12 Dec 2016 22:17:31 GMT
Page 3 of 14