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Comment Re:Prior art (Score 1) 78

The reason to name Ray Tomlinson is because the set of header fields that we consider the core of an Arpanet/Internet email message originated with him. He, unlike Ayyadurai, was a humble man who freely admitted that there had been many people working on these concepts, and that his contribution by and large was to publish an RFC that laid out those developments at that point in time (1973-75) of what Arpanet email should be or was capable of. In reality, of course, messaging systems predate even the Internet by many years.

Comment Re:Yeah (Score 1) 78

Nothing so violent. A judge should hurt his feelings by declaring him a vexatious litigant. That's the appropriate route for those who use (and abuse) the court system for idiotic and abusive lawsuits.

But I think Ayyadurai is in the "there's no such thing as bad publicity" department. Doubtless he's thrilled that his claims are being talked about again.

Comment Re:Just like Steyn-Mann lawsuits (Score 1) 78

Except Mann isn't a fraud, and no one in the scientific community actually thinks he is, and why Steyn is being sued is for comparing Mann to Jerry Sandusky. Steyn is a polemicist whose stock and trade is making outrageous statements for the hoards of like-minded who want to believe science is a lie and Muslims are all evil.

Comment Re:Shiva Ayyadurai is a fraud. (Score 4, Insightful) 78

His all argument is basically based on semantics. Basically, when he was a teenager, he wrote a program called "EMAIL", and that was the first messaging system called "EMAIL", except that it wasn't, previous systems had been referred to as "e-mail". At any rate, he then asserts that because his system was called "email" and he can't find anyone who called previous systems "email", that not only is he the first to develop a messaging system with that name, but apparently the first to develop a messaging system with those features. It's a semantic wordplay feeding into a conflation fallacy, because the features of his program already existed by 1975-76.

He's a kind of IP troll save that he's bereft of any actual IP. At this point he really is a kook in the classic vein, trying to salvage a reputation he never really had.

Comment Re:Prior art (Score 5, Informative) 78

Ray Tomlinson invented email if you're going to pick any single person who developed the email system we know today. Ayyadurai developed some dead end email system years after the header formats were developed for Arpanet email. Ayyadurai can try to sue people all he wants but a series of RFCs beginning with RFC 561 in 1973 laid out the Arpanet email system that we still use today (though the transmission protocols have evolved since the mid-70s). That's the most frustrating part of this fruitcake's claims, since one can delve into the RFCs from the early 70s onward and see how the Internet email system evolved as new features and logic were added.

Comment Re:Good ol' days (Score 1) 120

I had a pretty deep fondness for Pascal back in the day, and messed around with Delphi, Modula and Oberon, but the reality is that these aren't exactly common languages anymore, at least not in commercial circles. It's a real pity too, because learning TurboPascal was my sort of "Wizard of Oz black-and-white to color" moment back in highschool, where I shed all the evils that I had learned through mucking around with various flavors of BASIC, and basked in the glory of structured procedural code.

Comment Re:Blackberry will lose (Score 1) 72

BB is a long way from bankruptcy, so I would say that's an "advantage" it does not have, and as someone who has to deal with employment law in British Columbia, I can tell you that if you want an employee gone quickly and easily, you'd better be prepared to pay out a healthy severance of a week per year plus a significant amount on top, or you will be handed your ass in court. The last thing you ever want to be found to have pulled off was a constructive dismissal. You want a severance package to give to the employee you want to terminate, and then you need to tell them before they agree to it that they should seek legal council. Under no circumstances do you want the severance agreement to look coerced.

Comment Re:Huh? (Score 1) 72

BB will lose because a court will most certainly find that BB's obligation to those employees followed them to the subsidiary. That along with what appears to be clear motive to get them off of BB's books and then try a quick and dirty termination, not to mention the highly dubious nature of getting their signatures on a piece of paper, will almost certainly lead to extra damages being awarded.

BB should just pay them a boatload of fucking money (BB may not have customers, but it still has a fuck ton of cash), and make this go away. And then who they should really fire is their HR department.

Comment Re:Whatever happened to at-will employment? (Score 2) 72

I don't think BB would have violated any Federal laws up here, but they most certainly violated Ontario labor law. This is a classic case of constructive dismissal. Transferring employees to a subsidiary does not abrogate any legal or contractual obligations BB has to those employees, and since it's clear the intent here was to get them off of BB's books and then throw them out the door, that will make the constructive dismissal claims by the employees all the stronger.

My totally non-legal advice to BB is get out the checkbook, because they do not want a judge to make the finding and come up with the employees' award.

Comment Re:Whatever happened to at-will employment? (Score 2) 72

In Canadian Labour law there's the notion of "constructive dismissal" (I'm sure there must be similar principles in the US), wherein an employer creates conditions in which an employee is effectively terminated, without an actual notice of layoff or termination. The classic example is reducing an employee's hours to or near 0. In most jurisdictions in Canada, "constructive dismissal" is viewed as a termination, and when that happens, no notice has been given commensurate with the employee's length of time working for the company, and that employee is due severance. Such actions also can cause serious with an employee being able to receive unemployment benefits, as the employee does not receive a "Record of Employment" showing the number of hours he worked.

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