Anti Desi anti H1B site battles on
By Bala Shah

US-based Indian origin Tech firm Apex Technology Group had initiated legal action against American blogs EndH1B, Itgrunt and Guestworkerfraud. Apex, which counts IBM, Microsoft, UBS and other blue chip companies as clients, wanted to protect its reputation after EndH1B published a post accusing it allegedly of mistreating Indians on H1B Visas.

Among all these anti H1B sites, ITGrunt’s Tunnel Rat is the most vociferous.  His anonymity and clever turn of phrase ensured he was even interviewed by international magazine BusinessWeek. Till today, no one is sure who Tunnel Rat is. 

Apex Technology Group has flatly denied all allegations made against it. At this point in time none of the allegations have been proved in court.

What Apex wanted was to use its lawyers to get all articles criticizing it removed from EndH1B, Itgrunt and Guestworkerfraud. But they landed up requesting the New Jersey based American Court to remove the 3 websites from the internet.  On Dec 23, 2009 the Judge, instead of asking for only anti Apex articles to be removed, banned the 3 websites. Banned as in ejected from the internet.

While Techgoss was the first Indian site to report this news, soon American national media picked up the story.  International sites like Slashdot, Computerworld, Techdirt, Arstechnica and others reported the story.  While many journalists and Americans did not agree with some of the anti Indian views expressed by EndH1B and ITGrunt, most felt that banning them was not only unjustified but it may have even been illegal under the American constitution. With such international media coverage, Tunnel Rat developed a national profile.

Despite a Judge asking in Dec, 2009 for Tunnel Rat to be unmasked, legal action has ensured his identity is still a secret.  But ITGrunt’s Tunnel Rat and Apex are slugging it out in the courts and in talks between their lawyers.  Tunnel Rat offered $5000 for a copy of an Apex job contract which may provide evidence that this tech company had breached laws in USA. Apex, in turn, asked a US Judge in Feb, 2010 to order domain name registrar GoDaddy to hand over information which would identity Tunnel Rat.  Much legal maneuvering and mind games from both sides, but till today no one is sure who Tunnel Rat is.

Now an update on this story.  On March 29, Tunnel Rat blogged about how Apex is wary of suing him as they would have to open their company documents to US Courts

“
This brings us to Apex Technology Group.  Apex (mob) attorney Patrick Papalia has been playing f***-f*** games with my Jew lawyer and refuses to settle.  I was even willing to take the Apex shit off of my sites (ITGrunt.com, and EndH1B.Com) if I ever got them back, and move on.  BTW, I will always have the Apex shit on techinsurgent.com and itgrunt.net, so it is pretty stupid for those Desi douchebags to think that all this will just go away.  They are fucked, forever, and know it.  Google searches for Apex Technology Group will always have an odd assortment of results with the word "fraud" in them.

So they won't settle, and they won't sue.  Suing would mean that their corrupt f***' business model would be exposed in discovery, and all of their illegal bonded contracts would see the light of day.  Plus, they don't have the money for that kind of shit.

But I do.  I have plenty of cash to sue the shit out of Apex.  We will start by dragging them into court in the State of California, where an anti-SLAPP motion will be filed against them.  Considering that their complaint lacks any merit, and all my online activity was protected under Section 230 of the CDA, they will lose, and then have to pay my legal fees with a triple multiplier.

Then I will sue them in New Jersey for abuse of process, and they will lose there.  Those damages will be considerable.  Pretty soon, they will be out of business.
“

(Techgoss had published the following on March 2, 2010)

Lawyer’s offer to anti Indian site
By Bala Shah

US-based Indian origin Tech firm Apex Technology Group had initiated legal action against American blogs EndH1B, Itgrunt and Guestworkerfraud. Apex, which counts IBM, Microsoft, UBS and other blue chip companies as clients, wanted to protect its reputation after EndH1B published a post accusing it allegedly of mistreating Indians on H1B Visas.

Among all these anti H1B sites, ITGrunt’s Tunnel Rat is the most vociferous.  His anonymity and clever turn of phrase ensured he was even interviewed by international magazine BusinessWeek. Till today, no one is sure who Tunnel Rat is. 

Apex Technology Group has flatly denied all allegations made against it. At this point in time none of the allegations have been proved in court.

What Apex wanted was to use its lawyers to get all articles criticizing it removed from EndH1B, Itgrunt and Guestworkerfraud. But they landed up requesting the New Jersey based American Court to remove the 3 websites from the internet.  On Dec 23, 2009 the Judge, instead of asking for only anti Apex articles to be removed, banned the 3 websites. Banned as in ejected from the internet.

While Techgoss was the first Indian site to report this news, soon American national media picked up the story.  International sites like Slashdot, Computerworld, Techdirt, Arstechnica and others reported the story.  While many journalists and Americans did not agree with some of the anti Indian views expressed by EndH1B and ITGrunt, most felt that banning them was not only unjustified but it may have even been illegal under the American constitution. With such international media coverage,  Tunnel Rat developed a national profile.

In that sense banning the websites has backfired on Apex.  Apex has now gone after ITGrunt’s Tunnel Rat who is the most vocal and eloquent voice of the anti outsourcing movement.  While Tunnel Rat is viciously personal against Indians, he has become a hero for many American techies and free speech advocates.  Apex had requested a US Judge on Feb 5, 2010 to reveal the identity of ITGrunt’s Tunnel Rat and the court ordered his internet company GoDaddy to hand over all data that could uncover the anon blogger. GoDaddy, instead of promptly contacting Tunnel Rat and giving him a chance to appeal to a higher court, sat on the Court’s orders for 2 weeks.  GoDaddy only contacted Tunnel Rat three days before the time to launch an appeal was going to expire.  In that sense, GoDaddy ambushed Tunnel Rat.

But Tunnel Rat has come out fighting.  On Feb 22, Tunnel Rat announced a $5000 reward to anyone who could hand him a copy of the Apex job contracts which allegedly have some clauses violating American laws.

In the backdrop of media coverage of both the parties, Apex has tried to have an out of court settlement with Tunnel Rat.  What did Apex offer Tunnel Rat so that he could get back his anti H1B anti Indian websites?  An offer which effectively would stop him blogging about Apex.  Tunnel Rat has published the Apex ‘compromise’ offer on his website

“
- 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.
“

Tunnel Rat is in a combative mood and will not go down without a fight.  By now even Apex would have realized that in this case it may have bitten off more than it can digest.

(Techgoss had published the following story on Feb 22, 2010)

$5000 reward for Apex job contract
By Bala Shah

US-based Indian origin Tech firm Apex Technology Group had initiated legal action against American blogs EndH1B, Itgrunt and Guestworkerfraud. Apex, which counts IBM, Microsoft, UBS and other blue chip companies as clients, wanted to protect its reputation after EndH1B published a post accusing it allegedly of mistreating Indians on H1B Visas.

Among all these anti H1B sites, ITGrunt’s Tunnel Rat was the most vociferous.  His anonymity and clever turn of phrase ensured he was even interviewed by BusinessWeek. Till today, no one is sure who Tunnel Rat is. 

Apex Technology Group has flatly denied all allegations made against it. At this point in time none of the allegations have been proved in court.

What Apex wanted was to use its lawyers to get all articles criticizing it removed from EndH1B, Itgrunt and Guestworkerfraud. But they landed up requesting the New Jersey based American Court to remove the 3 websites from the internet.  On Dec 23, 2009 the Judge, instead of asking for only anti Apex articles to be removed, banned the 3 websites. Banned as in ejected from the internet.

While Techgoss was the first Indian site to report this news, soon American national media picked up the story.  International sites like Slashdot, Computerworld, Techdirt, Arstechnica and others reported the story.  While many journalist and Americans did not agree with some of the anti Indian views expressed by EndH1B and ITGrunt, most felt that banning them was not only unjustified but it may have even been illegal under the American constitution.

In that sense banning the websites has backfired on Apex.  Apex has now gone after ITGrunt’s Tunnel Rat who is the most vocal and eloquent voice of the anti outsourcing movement.  While Tunnel Rat is viciously personal against Indians, he has become a hero for many American techies and free speech advocates.  Apex had requested a US Judge on Feb 5, 2010 to reveal the identity of ITGrunt’s Tunnel Rat and the court ordered his internet company GoDaddy to hand over all data that could uncover the anon blogger. GoDaddy, instead of promptly contacting Tunnel Rat and giving him a chance to appeal to a higher court, sat on the Court’s orders for 2 weeks.  GoDaddy only contacted Tunnel Rat three days before the time to launch an appeal was going to expire.  In that sense, GoDaddy ambushed Tunnel Rat.

But Tunnel Rat has come out fighting.  As the whole court case revolves around the contents of an Apex Technology Group employment agreement which allegedly had illegal provisions, Tunnel Rat announced  a reward of $5000 on Feb 22 (India time) to anyone who can secretly mail him a copy of the Apex Technology Group employment contract.

“
$5000 Reward For Apex Technology Group Contract
Tunnel rat posted on February 21, 2010 15:37

Many of you know that the whole Apex Technology Group fiasco started when an anonymous person cross posted a comment on www.endh1b.com.  That comment, which was originally posted on Desicrunch, referred to an employment agreement that at one time was on docstoc.com.
……

Now because of some contributions (thanks to the many donors!) and the liquidation of my IRA account, I have some cash to throw around.  That is how I pay for all these f****' lawyers.  I now am offering $5,000 to any former Apex Technology Group employee that can provide an authentic copy of the employment agreement that Mr. Jain wrote about. 
“

While Techgoss has disagreed and disliked the anti Indian venom spouted by Tunnel Rat, we have respected his right to say whatever he feels like.  In Dec, 2009,  I had written about how Apex may have won a legal battle but has lost the public relations war.  Apex, by asking a Judge in Feb, 2010, to force GoDaddy to reveal the identity of Tunnel Rat has only taken on another bloody public relations battle on their hands.  Both Apex and Tunnel Rat will be badly bruised in this new round of legal battle. 

If Tunnel Rat does get a copy of the Apex employment contract, he will post it on the internet for the whole world to see.  This way the public can judge for themselves if Apex was following the letter and spirit of the American employment laws.