"The price of justice is eternal publicity." Arnold Bennett
|Ken Hamidi WON, Intel LOST|
Corporations Lost and People Won!
Ken Hamidi represents the People!
Intel represents Corporations "Enemy of Free Speech!"
In a Intel’s Circuit internal newsletter dated June 30th, 2003 Intel writes:
The California Supreme Court ruled Monday that Ken Hamidi, a former Intel employee, had not illegally trespassed on Intel’s e-mail system when he spammed Intel employees at work. After bringing unsuccessful Workers’ Compensation and discrimination lawsuits against Intel, Ken Hamidi spammed between 8,000 and 35,000 Intel employees on six separate occasions starting in 1997. He used an unauthorized copy of employee e-mail addresses. The spam was sent to employees with titles such as “Your Employment Rights.” The messages were critical of Intel’s employment practices and warned employees that their jobs were at risk.
Ken Hamidi responds:
“It is unfortunate that an email entitled “Your Employment Rights” is so objectionable to Intel that they must spend several million dollars in legal expenses attempting to prevent their employees from reading it, and it is unfortunate that a corporation so powerful and influential as Intel cannot appreciate the difference between a useless spam email and speech made in the public interest as recognized by the Supreme Court of California. A “spam” email is an unsolicited commercial message of no intrinsic value to the recipient, but a message in the public interest is protected speech with definite informational value to the reader.”
Trespass to what? Intel argued that Hamidi’s continuing spam illegally trespassed on Intel’s personal property or “chattel,” Intel’s private computer system. Hamidi argued that his spam could not illegally trespass unless it slowed or damaged Intel’s computer system, which it did not. In a close 4-3 decision, the Supreme Court agreed with Hamidi, ruling that the court order was improper in the absence of proof that the spam had damaged or interfered with Intel’s computer system were critical of Intel’s employment practices and warned employees that their jobs were at risk.
Ken Hamidi responds:
“With this message we see Intel’s fatal flaw: the idea that everyone else is wrong, while Intel is always right. Here Intel is saying that their legal strategists chose the wrong legal argument for their pleadings from the beginning, namely trespass of chattels. But somehow Intel apportions blame to me for their lack of acumen in choosing the wrong legal argument. This reapportionment of blame is typical of the monolithic and systemized repressive thinking that penetrates the Corporation to it’s core, and prevents fair play and freedom of thought and action in the corporate sphere. It is a system where everyone must rigidly conform to ‘values’ that are not real values at all, but merely lip service, and the idea of an organized workforce is anathema to them.”
The First Amendment Although Hamidi contended that he had a First Amendment right to send messages to Intel employees, the Supreme Court did not rule on this issue. No court, including the Supreme Court, has found that Hamidi has a First Amendment right to send messages into Intel’s computer system. Matt Smith, Manager of HR Legal says, “We don't believe this case has really ever been about the First Amendment. Intel has never disputed Hamidi’s right to express his views. In fact, Hamidi has expressed views contrary to Intel through a variety of channels over the years.
Ken Hamidi responds:
“Here, finally, is the crux of the issue! It is a fact that the First Amendment implications of this case were never tried, and this is something that all Americans should deeply regret, as I do. Intel Legal makes a mockery of logic and plays their workforce for the fool, because Intel never wanted to go down the freedom of speech path with this case. Intel knows that the freedom of speech argument is exactly the place that they cannot go, and with the ridiculous statement above Intel Legal demonstrates the ultimate in hypocrisy as well as crass disregard for the intelligence of their own labor force, to whom their statements are directed.”
With this Circuit article Intel creates the false impression that the Corporation supports freedom of speech on the Internet. Intel attempts to cloak the fact that their frivolous lawsuit was filed at a cost of millions of dollars with chilling intent to abolish the rights of people like you and me to express ourselves over the Internet. Intel and 30,000+ corporations that supported Intel in this lawsuit are terrified that a method of mass communication like the Internet is a resource open to the common people. Like the e-mail so described, Intel forever tries to keep employees in the dark, misled, uninformed and under false impressions. If someone like me stands up and fights for his rights and the rights of those who cannot fight for themselves, Intel screams with pain.
To corporate executives everywhere:
Remove your heads from the sand and your P/E-colored glasses and you will see that this is the land of free and home of brave, a free country called the United States of America.
Your reign of tyranny and oppression will be over because there is a new spirit in the land and this new spirit understands globalization is evil and your Corporate Tyranny is an offense to the Founding Fathers, a violation of the Constitution and an endangerment to our long history First Amendment rights!