Boston Herald

Self-touted ‘inventor of email’ sees suit tossed

- By BOB McGOVERN — bob.mcgovern@bostonhera­ld.com

The controvers­ial self-proclaimed “inventor of email” who sued the blog TechDirt for disparagin­g his disputed claim to fame saw his defamation lawsuit tossed by a federal judge who found that the publicatio­n’s statements were protected by the First Amendment.

“It is not clear that the allegation­s in the complaint are sufficient to show that the statements at issue are false,” U.S. District Judge Dennis Saylor wrote in a decision issued yesterday. “In any event, even assuming that the allegation­s of falsity are sufficient, the challenged statements are nonetheles­s protected under the First Amendment.”

Shiva Ayyadurai, an entreprene­ur who is running for U.S. Sen. Elizabeth Warren’s seat, sued TechDirt and its founder, Mike Masnick, over articles that ridiculed him for declaring himself “the inventor of email,” claiming that as a “precocious 14-yearold” in 1978 he both created the original software and the term “email.” Attorneys for Ayyadurai said in a statement that they will appeal Saylor’s ruling.

“False speech is not protected by the Constituti­on, and TechDirt’s false and malicious speech about Dr. Ayyadurai should receive no legal protection,” said Charles J. Harder, Ayyadurai’s lead attorney.

TechDirt’s attorneys, local First Amendment law heavyweigh­ts Robert Bertsche and Jeffrey Pyle, said in an email that Saylor’s decision “is a victory for all who believe our nation is stronger when the media are aggressive watchdogs.

“This ruling is not just about email,” Bertsche and Pyle wrote. “It’s about reaffirmin­g the long-establishe­d American commitment to free and open debate about the many important issues facing us.”

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