03/02/2020 yy y p back then." (Compl. ¶ 41(e), Ex. N) AYYADURAI v. FLOOR64, INC | 270 F.Supp.3d 343... | 20170907d75| Leagle.com py g py g j p y p 59) "... Weber, Chomsky and Ayyadurai could spin this bizarre and totally made up story of a big American defense contractor wanting to rewrite history to write out someone with `brown skin.'" (Compl. ¶ 41(f), Ex. N) 60) "... [W]hen some point out that he's lying, Ayyadurai yells at them that they're repeating `racist lies'...." (Compl. ¶ 41(g), Ex. N) 61) "[Dr. Ayyadurai] somehow got an entire series into the Hu (Compl. ¶ 42(a), Ex. O) ngton Post, which was clearly created as a PR exercise in trying to rewrite history." 62) "The mainstream press repeated [Dr. Ayyadurai's] bogus claims about inventing email after he married a TV star." (Compl. ¶ 42(b), Ex. O) 63) "[Dr. Ayyadurai's lawsuit against Gawker] lays out Ayyadurai's highly misleading version of history, insisting again that getting the copyright on a program called EMAIL is the equivalent of `inventing' email. He continues to con ate patent and copyright law and misleadingly claim that because you couldn't get a patent on software the time, a copyright is basically the same thing." (Compl. ¶ 42(c), Ex. O) [270 F.Supp.3d 375] 64) "We've discussed Ayyadurai and his bogus claims many times...." (Compl. ¶ 43(a), Ex. P) 65) "... [Dr. Ayyadurai] has staked his entire identity on the outright false claim that he invented email." (Compl. ¶ 44(a), Ex. Q) 66) "Ayyadurai is ... obsessed with his false claim of creating email...." (Compl. ¶ 44(b), Ex. Q) 67) "[Dr. Ayyadurai is] blatantly misrepresenting history for his own personal aggrandizing." (Compl. ¶ 44(c), Ex. Q) 68) "... Shiva Ayyadurai's claim that he invented email is complete bullshit. It's not true. Not even remotely." (Compl. ¶ 45(a), Ex. R) 69) Dr. Ayyadurai is "hoping to confuse people who don't understand the di erence between a copyright and a patent." (Compl. ¶ 45(b), Ex. R) 70) "Ayyadurai has spent many years falsely claiming to have invented email...." (Compl. ¶ 45(c), Ex. R) 71) "... Ayyadurai has put out a self-congratulatory press release claiming that the settlement supports his blatantly false claims...." (Compl. ¶ 45(d), Ex. R) 72) "[Dr. Ayyadurai's settlement with Gawker] is a victory for trying to rewrite history and smear the actual truth." (Compl. ¶ 45(e), Ex. R) 73) "... Ayyadurai's bogus, lying, totally false claims." (Compl. ¶ 46(a), Ex. S) 74) Characterizing Dr. Ayyadurai as a "fraudster." (Compl. ¶ 46(b), Ex. S) 75) "Ayyadurai is particularly annoying because of his bogus claims of racism...." (Compl. ¶ 46(c), Ex. S) 76) "Ayyadurai's claims are annoying and absolutely false." (Compl. ¶ 46(d), Ex. S) 77) "Ayyadurai is a liar. He is a fraud. He is a charlatan." (Compl. ¶ 46(e), Ex. S) 78) The headline that refers to Dr. Ayyadurai as "The Fake Creator of Email [who] Got Paid for His Bogus Claim." (Compl. ¶ 47(a), Ex. T) 79) "... Shiva Ayyadurai, a guy who didn't invent email but has built his entire reputation on the false claim that he did, was able to cash in on the settlement agreed to by Nick Denton to end all of the Charles Harder-related lawsuits against Gawker." (Compl. ¶ 47(b), Ex. T) 80) "Ayyadurai did not invent email by any stretch of the imagination, but likes to go around falsely claiming he did, and smearing those who actually did the work." (Compl. ¶ 47(c), Ex. T) 81) "[Dr. Ayyadurai's settlement with Gawker is] a victory for the opposite of truth and shows how abusing the legal system can get you paid out...." (Compl. ¶ 47(d), Ex. T) 82) "... Ayyadurai took some comments from Crocker so out of context to be borderline fraudulent." (Compl. ¶ 47(e), Ex. T) 83) "Meanwhile, it appears that throughout all of this, Ayyadurai continues to fool people." (Compl. ¶ 47(f), Ex. T) 84) "Either way, as long as Ayyadurai continues to falsely hold himself out as the inventor of email, when he is not, people should continue to [270 F.Supp.3d 376] call out that his claims are simply false." (Compl. ¶ 47(g), Ex. T) FootNotes 1. The statements identi ed in the complaint are set forth in Appendix A to this Memorandum and Order. 2. In Godin v. Schencks, 629 F.3d 79 (1st Cir. 2010), the First Circuit held that the Maine anti-SLAPP statute can be applied in federal courts. Id. at 88, 92. In Bargantine v. Mechanics Co-op Bank, 2013 WL 6211845 (D. Mass. Nov. 26, 2013), the court recognized that Godin "has not been extended to the antiSLAPP laws of other states within the First Circuit." Id. at *3. It applied Godin's holding to the Massachusetts anti-SLAPP statute on the basis that it is "in all respects identical to the Maine statute." Id. Because the Court nds that under Massachusetts choice-of-law rules the California statute does not apply, it does not reach the question of whether that statute could be applied in federal courts under Godin. 3. Because this is a diversity action, the Court will apply the choice-of-law principles of the forum state. See Auto Europe, LLC v. Connecticut Indem. Co., 321 F.3d 60, 64 (1st Cir. 2003). 4. Contrary to defendants' contentions, § 145 of the Restatement does not compel a di erent conclusion. Section 145 sets forth "general... principles" to consider when deciding a choice-of-law issue in a tort action. Sarver v. Chartier, 813 F.3d 891, 897 (9th Cir. 2016). Those four factors are "(a) the place where the injury occurred, (b) the place where the conduct causing the injury occurred, (c) the domicile, residence, nationality, place of incorporation https://www.leagle.com/decision/infdco20170907d75 13/15