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 perfect email

More and more I’m moving away from consulting on technical setup issues as the solution to delivery problems. Delivery is not about the technical perfection of a message. Spammers get the technical right all the time. No, instead, delivery is about sending messages the user wants. While looking for something on the blog I found an old post from 2011 that’s still relevant today. In fact, I’d say it’s even more relevant today than it was when I wrote it 5 years ago.
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Email is a fluid and ever changing landscape of things to do and not do.
Over the years my clients have frequently asked me to look at their technical setup and make sure that how they send mail complies with best practices. Previously, this was a good way to improve delivery. Spamware was pretty sloppy and blocking for somewhat minor technical problems was a great way to block a lot of spam.
More recently filter maintainers have been able to look at more than simple technical issues. They can identify how a recipient interacts with the mail. They can look at broad patterns, including scanning the webpages an email links to.
In short, email filters are very sophisticated and really do measure “wanted” versus “unwanted” down to the individual subscriber levels.
I will happily do technology audits for clients. But getting the technology right isn’t sufficient to get good delivery. What you really need to consider is: am I sending email that the recipient wants? You can absolutely get away with sloppy technology and have great inbox delivery as long as you are actually sending mail your recipients want to receive.
The perfect email is no longer measured in how perfectly correct the technology is. The perfect email is now measured by how perfect it is for the recipient.

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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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