The motion skims the history of e-mail and points out that the well-known fields of e-mail messages, like "to," "from," "cc," "subject," "message," and "bcc," were used in ARPANET e-mail messages for years before Ayyadurai made his "EMAIL" program. Ayyadurai focuses on statements calling him a "fake," a "liar," or a "fraud" putting forth "bogus" claims. Masnick counters that such phrases are "rhetorical hyperbole" meant to express opinions and reminds the court that "[t]he law provides no redress for harsh name-calling."
The motion calls the lawsuit "a misbegotten effort to stifle historical debate, silence criticism, and chill others from continuing to question Ayyadurai's grandiose claims." Ray Tomlinson has been dead for less than a year, but in this fascinating 1998 article recalled testing the early email protocols in 1971, remembering that "Most likely the first message was QWERTYIOP."