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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Univision Execs Have No Backbone: Pull A Bunch Of

READ POSTS EARLY, JOIN THE INSIDER CHAT £ MORE

Gawker Stories Over Legal Disputes

: : IFISIDER SHOP

A

A v

Failures

by Mike Mas nick

Man, Sep 12th 2016
6:27am

from the nocrcdibSitij dept

LfiiiilUikiiiii

People celebrating the "demise" of Gawker in being forced into bankruptcy by a questionable
lawsuit and ruling from Hulk Hogan, financed by Peter Thiel, keep insisting that it has no real

*

!

impact on the freedom of the press. And yet,,, things keep showing that's wrong, Gawker filed for
bankruptcy and sold off its assets to media giant Univision, which agreed to dose down the

4

flagship Gawker site and redistribute some of the reporters to other sites. But late Friday,
Filed Under:
backbone, chuck
johrrson,
defamation,
heckler's veto,
hulk hogan,
journalism,
liabilities, shiva

ayyadurai
Companies:
gawker, univision

Univision management made another decision, and this one is horrific: they agreed to delete six
a.

b

stories on the site (with a seventh one being considered) because those stories were the subject

IB

$5.49

of lawsuits against Gawker,

WITH CARD

Coffee-mate Creamer

The reasoning given by Univision is that it only agreed to buy the assets of Gawker, not the

K#1

liabilities, and keeping those stories posted gave it liability, First of all, this is wrong on the legal

side of things. As Gawker's executive editor, John Cook (who fought this dedsion) notes, Univision

(j&tphs)

doesn't take on the liability here:

VaW until Dec. 13

Permalink.
Short link.

Though the posts were published by Gawker Media, and therefore under the socalled "first publication rule" should only be the legal responsibility of the Gawker

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Essential Reading

Media estate being left behind in the transaction, Unimoda3s legal analysis was that
the continued publication of the posts under the new entitity would constitute the

Hot Topics

adoption of liability, and that Unimoda is therefore obligated to delete them.

5.4
But that's not the most disturbing thing here. The really problematic issue is that the stories that

The FCC Suggests Some Wishy Washy,
Highly Unlikely Solutions To The

are being removed involve stories where the lawsuits are almost entirely completely bogus SLAPP

Poorly-Secured Internet Of Things

suits designed to annoy Gawker, rather than with any serious legal basis — for example, the two

5.2 1 Iran The Latest Country To Use 'Fake

stories that Gawker published about Shiva Ayyadurai, the guy who keeps trying to convince the

News' As An Excuse For Widespread

world that he invented email when he didn't, We've discussed Ayyadurai and his bogus claims many

Censorship

times, and also covered the lawsuit. There is no legitimate reason to take down those posts.

5.2

Two Former Senators Call On Obama

Perhaps even more incredible is that Univision also agreed to take down the story that nutty troll

To Save The Full CIA Torture Report'

Chuck C. Johnson had filed a lawsuit against Gawker. That's a lawsuit that is so ridiculous it was

From Being Buried

laughed out of court in Missouri. And while Johnson filed a nearly identical lawsuit (including
references to Missouri) in California, it was similarly going nowhere, and Johnson recently said

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that he'd dropped the case,

Explore some core concepts:
Infinity Is Your Friend In Economics

And yet Univision voted to delete the story anyway,

Advertising Is Content; Content Is
This is... bad. It's one thing to make a decision to pull a story once you've analyzed the situation

Advertising

and decided that the story has problems and should be pulled. But that's not what happened here,
Univision execs flat out told Cook that this was solely about not taking on the liability, In other

Step One To Embracing A Lack Of Scarcity:

words, Univision has absolutely zero backbone to stand up for its journalists. That's shameful.

Recognize What Market You're Really In
read all »

This move basically immediately does two things. First, it alerts anyone who wants a heckler's veto
to threaten Univision with a lawsuit. Second, it should immediately cause any good journalist

Techdirt Deals

working for Univision or its properties (including Gawker and Fusion) to start looking for a new job
elsewhere, If you cant have your publisher back you up on things like this, that's a dangerous place
for a reporter to work. Kudos to Cook for trying to stand up to Univision, but if those execs
wouldn't listen to him, the company's got really big problems.

s

I communicated to Felipe and Jay in the strongest terms that deleting these posts is

V,

a mistake, and that disappearing true posts about public figures simply because they

J

, M

have been targeted by a lawyer who conspired with a vindictive billionaire to destroy

this company is an affront to the very editorial ethos that has made us successful
enough to be worth acquiring, i told them that I am proud that this company refused
to delete its accurate posts about Shiva Ayudurrai's false claim to have invented the
emnil zi/ztem nf rnmmt inirrrtinn

2

sinrf thrrt I rrm nmtiri thrrt ntir flerisinn nr>t tn frricte

Document title: Univision Execs Have No Backbone: Pull A Bunch Of Gawker Stories Over Legal Disputes || Techdirt
Document title: Univision Execs Have No Backbone: Pull A Bunch Of Gawker Stories Over Legal Disputes Techdirt
Capture URL: https://www.techdirt.com/articles/20160909/23500335481/univision-execs-have-no-backbone-pull-bunch-gawker-stories-over-legal-disputes.shtml
Capture URL: https://www.techdirt.com/articles/20160909/23500335481/univision-execs-have-no-backbone-pull-bunch-gawker-stories-over-legal-disputes.shtml
Capture timestamp (UTC): Mon, 12 Dec 2016 22:04:11 GMT
Capture timestamp (UTC): Mon, 12 Dec 2016 22:04:11 GMT
Page

1 of 9

r-,

r«n

for a reporter to work. Kudos to Cook for trying to stand up to Univision, but if those execs
wouldn't listen to him, the company's got really big problems.

I communicated to Fefipe and Jay in the strongest terms that deleting these posts is

W,

a mistake, and that disappearing tive posts about public figures simply because they
have been targeted by a lawyer who conspired with a vindictive billionaire to destroy

Qfi

this company is an affront to the very editorial ethos that has made us successful
enough to be worth acquiring. I told them that I am proud that this company refused
to delete its accurate posts about Shiva Ayudmai's false claim to have invented the
email system of communication, and that I am proud that our decision not to take

2
SERVICE
BUNDLE

BUY NOW

down accurate posts about Mitch Williams' meltdown at a children's baseball game
was vindicated by a federal judge, who ruled in our favor in his case against us. I am

VPN Unlimited & To Do

mortified to see them taken down now. We are at the center of an unprecedented

assault on the ability of reporters and editors to c/raifenge and critique public

Checklist: Lifetime

figures. While I believe that Univision is a company that values and defends

Subscription Bundle

aggressive, independent reporting, the decision to remove these posts is, in my view,
at odds with its tradition of confronting bullies with honesty

Univision just did a big thing badly, And it sullies the company's reputation and brand, and it
makes all of the company's remaining journalistic staff look badl.

Report this at)

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Techdirt Insider Chat

And, of course, this is the internet, where trying to make stuff disappear never works, I went over

"j

http:ifnn.theregisterco.uk/201 6J12/08/winter_is_c< "

to archive, is soon after the announcement came out (and before the stories had been taken down)

time for the touches and pitchforks. I think.

and every single one had been re-archived {many bad been previously archived) within the previous

Dark Helmet: Touches and pitchforks is my
new favorite typo win

hour. So if you're curious what was in the stories too hot for Univision's backboneless execs, here

they are:

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

•

The Inventor of Email Did Hot Invent Email?

•

Corruption, Lies, and Death Threats: The Crazy Story of the Man Who Pretended to

Vidiot: WaPo article on copyright fight gets it
wrong, of course... ASCAR and MRAA seen as
the Office's only constituents. How about us

Invent Email

citizens instead?

•
•

Wait, Did Clowntroll Blogger Chuck Johnson Shit On The Floor One Time?

•

https ://www.was hin gto n p o st. co rn.'n ews/a rts-

Man Acquitted Of Sexual Assault Sues Blog For Calling Him Serial Rapist

Uber Driver in California Will Be Considered Employee, Hot Contractor

andentertainment/wp/2016/12/09/congressional-

panel-calls-for-independent-copy right-office
Mike Masnick: well, they do quote new head of
the ALA too, and he's good

•
•

?

Mitch Williams Ejected From Child's Baseball Game For Arguing, Cursing
Witnesses: Mitch Williams Called Child "A Pussy," Ordered Beanball

Join the Insider Chat
This is why we need publications that don't back down in the face of SLAPP suits. This is why we

need stronger anti-SLAPP laws (and a federal anti-SLAPP law), This is why we express concerns
about billionaires ganging up to sue publications out of existence in a vengeance play Publications P
are vulnerable, but they're supposed to stand up to bogus threats, rot cave in out of fear.

a l* E9 K3 lil ra

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Document title: Univision Execs Have No Backbone: Pull A Bunch Of Gawker Stories Over Legal Disputes || Techdirt
Document title: Univision Execs Have No Backbone: Pull A Bunch Of Gawker Stories Over Legal Disputes Techdirt
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