03/02/2020 1.  The Parties AYYADURAI v. FLOOR64, INC | 270 F.Supp.3d 343... | 20170907d75| Leagle.com According to the complaint, Shiva Ayyadurai "is a world-renowned scientist, inventor, lecturer, philanthropist, and entrepreneur." (Compl. ¶ 1). He "has been recognized internationally for his developments in early social media portals, email management technologies, and contributions to medicine and biology." (Id. ¶ 2). He has four degrees from the Massachusetts Institute of Technology, including a B.S. in Electrical Engineering and Computer Science and a Ph.D. in Biological Engineering. (Id. ¶ 1). He is a resident of Massachusetts, where he operates the International Center for Integrative Systems (a research and education center) and serves as the Chairman and CEO of CytoSolve, Inc. (Id. ¶ 2). Floor64, Inc., is a California corporation that operates a website called "Techdirt." (Compl. ¶ 6). Michael Masnick is a California resident and the founder and CEO of Techdirt, as well as an editor of the website. (Id. ¶ 7). Leigh Beadon is a resident of Toronto, Canada, and a writer at Techdirt. (Id. ¶ 8). 2.  Ayyadurai's Electronic Mail System According to the complaint, in 1978, while working as a Research Fellow at the University of Medicine and Dentistry of New Jersey, Ayyadurai "created email." (Id. ¶ 13). The complaint de nes his creation as "a computer program that created an electronic version of a paper-based intero ce mail system, which allowed mail to be sent electronically and consisted of the Inbox, Outbox, Drafts, Folders, Memo, Attachments, Carbon Copies, Blind Carbon Copies (i.e., "To:," "From:," "Date:," "Subject:," "Body:," "Cc:," Bcc:"), Return Receipt, Address Book, Groups, Forward, Compose, Edit, Reply, Delete, Archive, Sort, Bulk Distribution, etc." (Id.). He named the program "email," because it was "the `electronic' (or `e') version of the intero ce paper-based `mail' system" that was used by physicians at the medical school. (Id. ¶ 16). According to the complaint, he was the rst person to use that term. (Id.). In 1982, he obtained copyright registrations for his e-mail code and user's manual, which he contends were the rst two works registered under the title "email." (Id. ¶¶ 17, 23). 3.  Ayyadurai's Recognition as the Inventor of E-Mail A variety of sources, both academic and in the popular press, have recognized Ayyadurai as the inventor of e-mail. (Id. ¶¶ 18-21). In 2011, TIME magazine published an article titled "The Man Who Invented Email," which stated that "email — as we currently know it — was born" when Ayyadurai created his electronic-communication system in 1978. (Compl. Ex. E). In the article, Ayyadurai recounted how he created functions such as "cc," "bcc," and the ability to attach documents in order to replicate the functions that doctors were already using in the paper-based intero ce mail system at the University of Medicine and Dentistry. (Id.). In 2012, Wired magazine published an article titled "Who Invented Email? Just Ask ... Noam Chomsky." (Compl. Ex. F). The article began by stating, "Who invented email? That's a question sure to spark [270 F.Supp.3d 351] some debate." It recounted the debate concerning the creation of e-mail, providing an overview of the various electronic messaging systems that could be considered the "original" e-mail, and quoted Tom Van Vleck, the creator of one of those systems, stating that "[t]here seems to be little disagreement over who wrote what, and approximately when.... The argument is over what to call things." (Id.). The article noted that Chomsky was "putting his weight behind V.A. Shiva Ayyadurai," but stated that "the debate will no doubt continue." (Id.). According to the complaint, Ayyadurai was recognized as the creator of e-mail in a 2015 CBS television program, as well as in statements and publications by various individuals, including Leslie Michelson, the Director of the High Performance Computing Center at Rutgers University; Desh Deshpande, the Founder of Sycamore Networks and Co-Chairman of the National Advisory Council on Innovation and Entrepreneurship; and Deborah Nightingale, a former professor of engineering systems at MIT. (See Compl. ¶¶ 21, 22, 25, 27). 4.  Techdirt's Allegedly Defamatory Articles Between September 2014 and November 2016, Techdirt published 14 articles about Ayyadurai. Thirteen were written by Mike Masnick and one was written by Leigh Beadon. (See id. ¶¶ 34-47). The article written by Beadon consists primarily of re-posted comments submitted by readers in response to other articles on Techdirt, along with some commentary by Beadon. (See Compl. Ex. S). The complaint identi es 84 allegedly defamatory statements contained within the 14 articles. (See Compl. ¶¶ 34-47). 1 Most of the allegedly defamatory statements are statements to the e ect that Ayyadurai's claim to have invented e-mail is false. For example, one article states that Ayyadurai is "perpetuating a `fake story'"; another states that he "and his friends "misrepresent reality [and] they fraudulently make claims that are easily debunked"; and another states that "Ayyadurai's claim that he invented email is complete bullshit. It's not true. Not even remotely." (Id. ¶¶ 34(c), 36(a), 45(a)). Other statements identi ed in the complaint suggest that Ayyadurai has misrepresented the signi cance of a copyright registration and has misrepresented a 1977 RAND report on electronic messaging written by Dave Crocker. For example, one article states that Ayyadurai "misrepresents what a copyright registration means"; another states that it is "absolutely false" that "the `US government o cially recognized Ayyadurai as the inventor of email' in 1982"; and another states that Ayyadurai's claim to have invented e-mail "prey[s] on ... an almost fraudulent misquoting of Dave Crocker." (Id. ¶¶ 34(f), 36(b), 37(b)). There are also statements that Ayyadurai's claim has changed over time; that his entire identity is based upon his false claim; and that he accuses his opponents of racism (he is originally from India). (See, e.g., id. ¶¶ 36(h), 41(b), 41(g)). B.  Procedural Background Ayyadurai led the complaint in this action on January 4, 2017. The complaint asserts three claims, each against all three defendants: libel (Count One); intentional interference with prospective economic advantage ("IIPEA") (Count Two); and intentional [270 F.Supp.3d 352] in iction of emotional distress ("IIED") (Count Three). On February 17, defendants Floor64 and Masnick moved to strike the complaint pursuant to the California anti-SLAPP statute and to dismiss for failure to state a claim upon which relief can be granted. On March 14, defendant Beadon also led separate motions to strike and to dismiss. II L l St d d https://www.leagle.com/decision/infdco20170907d75 2/15