The last we left off, I had gotten word about the now infamous injunction from corrupt (IMHO) judge James P. Hurley that ordered the shut down of my domains and websites, and the domains and websites of other bloggers.  What was more chilling were the demands in the injunction for Facebook, Yahoo, and Comcast to turn over information about certain John Does.  Apex was demanding the identity of these anonymous Americans based on IP addresses traced from emails, and web activity in the public domain.

The idea of an Indian national like Desi douchebag Sarvesh Kumar Dharayan hunting down American citizens and harassing them with legal action is just so fuckin' outrageous.  In fact, I am so consumed with rage over this maderchod's actions that I refuse to settle with Apex.  Here I am, an immigrant who served this country proudly for six years in the Marine Corps, worked my way through school, became a successful I.T. professional and proud family man, dragged through the legal system by some thugs in Joisey.  WTF?

I mention the settlement because Apex has been wanting to settle this case the minute they filed it.  They wanted me gone, permanently.  If they couldn't kill me, they wanted to silence me forever.

How do I know?

Well,  I wanted my domains back and wanted the other John Does to go on with their lives.  The week following the issuance of the injunction was brutal because I was either online, emailing, or on the phone trying to get a lawyer to fight this case. 

As I said before, I called John Dozier, who has quite the reputation.  He got this reputation by being involved in some internet defamation case where a plaintiff got an $11.3 judgment.  More on that later.

Dozier was kind enough to return my calls.  Sure, I'll take this case, he said.  Just send me $20,000 in cash.  No checks, no credit cards.

Now, I'm not a poor man by any means, but I just don't have that kind of money laying around.  However, Dozier was kind enough to refer me Paul Levy at Public Citizen.  Public Citizen is like EFF or maybe more like the ACLU.  They take cases pro bono if they are precedent setting and fit their agenda.

And trust me, all these organizations that provide pro bono lawyers have an agenda, usually a liberal one.  Few have the guts to get involved in a politically-incorrect rhetorical race riot like this whole H-1B issue has become.  Race riot is the appropriate term for what is going in American companies -- the locals are in a global gladiator pit and forced to do battle daily with massive amounts of cheap guest workers; in my case Indian ones.  Thanks to bodyshops like Apex Technology Group, Indian outsourcers like Infosys, WiPro, and HCL, and collaborators like IBM (Indian Bowel Movement) and that cunt Carly Fiorina, folks like me have to fight constantly with the upper-caste Hindu invaders to put food on the table.  These battles can occur in the workplace and online.  Either way, we Americans are at war with the masses of cheap imported labor, whether we like it or not.

Paul Levy was familiar with my case, but when I told him that he was highly recommended by John Dozier, he was very surprised.  I would find out later that they were long time legal adversaries. 

"Send me your legal filings in the mail.  Not email, but regular mail," he said.

Out-fucking-standing!  Now I had someone to take this case.  I ran over to FedEx at lunch and spent thirty bucks to overnight all the pdf's from the case; the C & D's, the injunctions, all that I had.

What a waste of money!  This guy wouldn't even accept documents in a digital form, so why was I thinking that he would he give a shit about my nasty little case?  He got the docs the next day, read through them and basically told me to fuck off. 

However, one of the documents I didn't have was John Miano's brief and Levy wanted that.  I emailed Miano him and asked for a copy.  When he responded back with a copy of the brief, he had some interesting news:

Patrick Papalia called me today. In return for dismissing the case and restoring the web sites they would like an agreement where the terms are confidential and:

- You agree to remove all postings and links in regard to apex.
- You agreement to post anything on or disparaging to apex.
- You will identify yourself and have your name held in escrow in case you violate the terms of settlement.

They want an answer by 5 PM tomorrow.

Copy of brief filed is attached.

john 

 

To Be Continued...


Comments


United States Rodney
February 27. 2010 20:10

I especially don't like this term: "You agreement to post anything on or disparaging to apex."
The definition of "disparaging" is too subjective.

As for revealing your name --
What is the potential benefit to having your name held in escrow?  Somewhere between none and not much.  
Why do they want your name unless they are going to use it?
If you settle without revealing your name, and sometime in the future Apex/Papalia need to know your name, they can begin new legal proceedings.

What are the consequences to Apex or Papalia if they reveal your identity?  I'd guess "they" won't reveal your name, but it will be leaked.

So, I'll ask you this.  What happens to Apex/Papalia if your name is secretly leaked?  Answer: Not a damn thing.


no site


February 28. 2010 17:21

Rodney, if you think that is absurd, wait until I post the actual settlement and release offer from Apex that Dozier sent me!  Now, that was a piece of work.


http://www.techinsurgent.com/http://www.techinsurgent.com/


United States Rodney
March 2. 2010 11:43

Your supporters are in withdrawal.
Any news?


no site


United States kumarnation
March 3. 2010 05:11

"Your supporters are in withdrawal.
Any news?"

The domain is new.  What can you expect?


no site

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The thoughts expressed on this blog may or may not be the author's own and are protected by the 1st Amendment. Any attempt to reveal his identity by contacting a slumdog hack at Google, or a corrupt Desi sys-admin at his ISP will be dealt with promptly and severely. Civil and criminal penalties may apply if one is found to have used private information in an attempt to get the author fired at the Hindu-only I.T. ghetto he currently works at. In addition, any Desi who attempts to burn the author's house down because they are enraged over his writing will be prosecuted to the fullest extent of the law. This isn't India.

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