Softpanorama

Home Switchboard Unix Administration Red Hat TCP/IP Networks Neoliberalism Toxic Managers
May the source be with you, but remember the KISS principle ;-)
Bigger doesn't imply better. Bigger often is a sign of obesity, of lost control, of overcomplexity, of cancerous cells

Strategic Lawsuits Against Political Participation

Court orders three H-1B sites disabled. Judge's ruling to shut down three opposition sites is part of Apex libel lawsuit By Patrick Thibodeau

December 28, 2009 | Computerworld

A New Jersey judge has ordered the shutdown of three H-1B opposition Web sites and seeks information about the identity of anonymous posters.

On Dec. 23, Middlesex County Superior Court Judge James Hurley ordered firms that register domains and provide hosting services -- GoDaddy Inc., Network Solutions, Comcast Cable Communications Inc. and DiscountASP.Net, to disable the three sites, ITgrunt.com, Endh1b.com, and Guestworkerfraud.com. Facebook Inc. was also ordered to disable ITgrunt's Facebook page.

DiscountASP.Net said it has disabled Endh1b.com after it received the order from the New Jersey Superior Court. The order did not request any account information, only that the company "...immediately shut down and disable the website www.endh1b.com until further order of this court..," a spokesman said in an email. Facebook said it received the document Monday.

GoDaddy is complying with the order and has suspended the web hosting for ITgrunt.com, said Laurie Anderson. GoDaddy disputes manager, domain services.

The web site Endh1b.com is registered but not hosted at Go Daddy, Anderson added in an e-mail. "Both domain names have been placed on registrar lock due to the pending litigation. When Go Daddy receives a court order, it is standard procedure to comply," she said.

Hurley's order was made in response to a libel lawsuit filed by IT services and consulting firm Apex Technology Group Inc., based in Edison, N.J. against the three Web sites opposing the H-1B visa program.

The issue is creating a stir among H-1B opponents working in IT-related jobs who fear their posts could result in the loss of their jobs.

Two of the sites, itgrunt.com and endh1b.com, were offline this morning, but guestworkerfraud.com remained operating.

The company is seeking the identity of a person who posted an Apex employment agreement on Docstoc.com, that has since been removed. A link to the document and comments critical of it has been posted on a variety of Web sites, including at least one in India, on Desicrunch.com. The comment broadly alleges that employees will find it difficult to leave Apex because of its contract terms.

Apex, in one legal filing, said the allegations by the anonymous posters are false and defamatory, and were hurting the company. In the filing, Apex said it "has had three consultants refuse to report for employment" as a result postings, according to legal documents.

Apex said it is also seeking "contact details of the individual who posted this legal agreement without permission since we are the copyright owner of the legal document."

According to court documents, a writer responding to admin@endh1b.com wrote that the site has "not posted a legal agreement and don't have the contact details of anyone of our contributors. We will also protect the privacy of any members of our community." 

Patrick Papalia, an attorney representing Apex, said that the company has already identified an employee who left the initial comment. But he said the issue goes well beyond the agreement and involves threatening and racist comments against company officials, as well as ongoing allegations that it is engaging in illegal activities. "Apex has an outstanding reputation in the information technology field," he said.

John Miano, who heads the Programmers Guild and is also an attorney, and who one represented one the parties involved in the dispute, said it is "rather chilling" to have a court in New Jersey ordering the shutdown of Web sites operated by people with no connection to New Jersey.

The operator of ITgrunt.com deferred questions to Donna Conroy, who heads Bright Future Jobs, an activist organization on the H-1B issue, who detailed her concerns about it in a post on her site.

In an email, she said, "I'm astonished that an American judge would force American web sites to rat on American workers who wouldn't snitch on an Indian H-1B. If this order stands, it will rob the security every American expects when they post complaints anonymously or express their opinions on-line. It will create a credible threat that Americans could face retaliation from any current or former employer."

The operator of Guestworkerfraud.com linked to ITgrunt.com's blog entry and said he added some comments of his own. He doesn't allow comments on this site. He has since removed the entry concerning Apex. He says he won't let the New Jersey judge "run the Internet and silence free speech by shutting down the whole site. Hence, my site is still up." He asked that his name not be used, in response to an email.

The ISPs and registrars were contacted. ITgrunt operates a page on Facebook. A company spokesman said it has not been formally served. The other companies didn't respond by press time.

Anonymous

S.L.A.P.P.

There is a name for this. It is known as a Strategic Lawsuit Against Political Participation. It is where some well financed group or corporation sues anyone who dares to exercise their rights of free speech by saying something the suing company doesn't want people to hear.

Anytime I see a bunch of sleazy lawyers filing a SLAPP against someone, I pretty much assume that the defendant was doing nothing but speaking inconvenient truths to corrupt entrenched powers.

brumenthal

S.L.A.P.P.? That's working

S.L.A.P.P.? That's working well for them. Now they have sued an American IT worker/blogger and put the whole thing in the public record detailing:

  1. a. the alleged aggrieved company owns the copyright pertaining to the contract in question which means that they wrote it word for word and
  2. b. publishing their words causes people to not want to work for them

    Brilliant strategy. Shutting down an IT worker's website? IT workers love that.

Ronw

SLAPP definition

S(trategic) L(awsuit) A(gainst) P(ublic) P(articipation)

http://dictionary.reference.com/browse/slapp+suit



Etc

Society

Groupthink : Two Party System as Polyarchy : Corruption of Regulators : Bureaucracies : Understanding Micromanagers and Control Freaks : Toxic Managers :   Harvard Mafia : Diplomatic Communication : Surviving a Bad Performance Review : Insufficient Retirement Funds as Immanent Problem of Neoliberal Regime : PseudoScience : Who Rules America : Neoliberalism  : The Iron Law of Oligarchy : Libertarian Philosophy

Quotes

War and Peace : Skeptical Finance : John Kenneth Galbraith :Talleyrand : Oscar Wilde : Otto Von Bismarck : Keynes : George Carlin : Skeptics : Propaganda  : SE quotes : Language Design and Programming Quotes : Random IT-related quotesSomerset Maugham : Marcus Aurelius : Kurt Vonnegut : Eric Hoffer : Winston Churchill : Napoleon Bonaparte : Ambrose BierceBernard Shaw : Mark Twain Quotes

Bulletin:

Vol 25, No.12 (December, 2013) Rational Fools vs. Efficient Crooks The efficient markets hypothesis : Political Skeptic Bulletin, 2013 : Unemployment Bulletin, 2010 :  Vol 23, No.10 (October, 2011) An observation about corporate security departments : Slightly Skeptical Euromaydan Chronicles, June 2014 : Greenspan legacy bulletin, 2008 : Vol 25, No.10 (October, 2013) Cryptolocker Trojan (Win32/Crilock.A) : Vol 25, No.08 (August, 2013) Cloud providers as intelligence collection hubs : Financial Humor Bulletin, 2010 : Inequality Bulletin, 2009 : Financial Humor Bulletin, 2008 : Copyleft Problems Bulletin, 2004 : Financial Humor Bulletin, 2011 : Energy Bulletin, 2010 : Malware Protection Bulletin, 2010 : Vol 26, No.1 (January, 2013) Object-Oriented Cult : Political Skeptic Bulletin, 2011 : Vol 23, No.11 (November, 2011) Softpanorama classification of sysadmin horror stories : Vol 25, No.05 (May, 2013) Corporate bullshit as a communication method  : Vol 25, No.06 (June, 2013) A Note on the Relationship of Brooks Law and Conway Law

History:

Fifty glorious years (1950-2000): the triumph of the US computer engineering : Donald Knuth : TAoCP and its Influence of Computer Science : Richard Stallman : Linus Torvalds  : Larry Wall  : John K. Ousterhout : CTSS : Multix OS Unix History : Unix shell history : VI editor : History of pipes concept : Solaris : MS DOSProgramming Languages History : PL/1 : Simula 67 : C : History of GCC developmentScripting Languages : Perl history   : OS History : Mail : DNS : SSH : CPU Instruction Sets : SPARC systems 1987-2006 : Norton Commander : Norton Utilities : Norton Ghost : Frontpage history : Malware Defense History : GNU Screen : OSS early history

Classic books:

The Peter Principle : Parkinson Law : 1984 : The Mythical Man-MonthHow to Solve It by George Polya : The Art of Computer Programming : The Elements of Programming Style : The Unix Haterís Handbook : The Jargon file : The True Believer : Programming Pearls : The Good Soldier Svejk : The Power Elite

Most popular humor pages:

Manifest of the Softpanorama IT Slacker Society : Ten Commandments of the IT Slackers Society : Computer Humor Collection : BSD Logo Story : The Cuckoo's Egg : IT Slang : C++ Humor : ARE YOU A BBS ADDICT? : The Perl Purity Test : Object oriented programmers of all nations : Financial Humor : Financial Humor Bulletin, 2008 : Financial Humor Bulletin, 2010 : The Most Comprehensive Collection of Editor-related Humor : Programming Language Humor : Goldman Sachs related humor : Greenspan humor : C Humor : Scripting Humor : Real Programmers Humor : Web Humor : GPL-related Humor : OFM Humor : Politically Incorrect Humor : IDS Humor : "Linux Sucks" Humor : Russian Musical Humor : Best Russian Programmer Humor : Microsoft plans to buy Catholic Church : Richard Stallman Related Humor : Admin Humor : Perl-related Humor : Linus Torvalds Related humor : PseudoScience Related Humor : Networking Humor : Shell Humor : Financial Humor Bulletin, 2011 : Financial Humor Bulletin, 2012 : Financial Humor Bulletin, 2013 : Java Humor : Software Engineering Humor : Sun Solaris Related Humor : Education Humor : IBM Humor : Assembler-related Humor : VIM Humor : Computer Viruses Humor : Bright tomorrow is rescheduled to a day after tomorrow : Classic Computer Humor

The Last but not Least Technology is dominated by two types of people: those who understand what they do not manage and those who manage what they do not understand ~Archibald Putt. Ph.D


Copyright © 1996-2018 by Dr. Nikolai Bezroukov. www.softpanorama.org was initially created as a service to the (now defunct) UN Sustainable Development Networking Programme (SDNP) in the author free time and without any remuneration. This document is an industrial compilation designed and created exclusively for educational use and is distributed under the Softpanorama Content License. Original materials copyright belong to respective owners. Quotes are made for educational purposes only in compliance with the fair use doctrine.

FAIR USE NOTICE This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available to advance understanding of computer science, IT technology, economic, scientific, and social issues. We believe this constitutes a 'fair use' of any such copyrighted material as provided by section 107 of the US Copyright Law according to which such material can be distributed without profit exclusively for research and educational purposes.

This is a Spartan WHYFF (We Help You For Free) site written by people for whom English is not a native language. Grammar and spelling errors should be expected. The site contain some broken links as it develops like a living tree...

You can use PayPal to make a contribution, supporting development of this site and speed up access. In case softpanorama.org is down you can use the at softpanorama.info

Disclaimer:

The statements, views and opinions presented on this web page are those of the author (or referenced source) and are not endorsed by, nor do they necessarily reflect, the opinions of the author present and former employers, SDNP or any other organization the author may be associated with. We do not warrant the correctness of the information provided or its fitness for any purpose.

The site uses AdSense so you need to be aware of Google privacy policy. You you do not want to be tracked by Google please disable Javascript for this site. This site is perfectly usable without Javascript.

Last modified: September 25, 2018