#AudioEye Is Suing Me
On Wednesday March 8, 2023, a man who turned out to be a process server came to my house and delivered a stack of papers — a 30 page lawsuit from Akin Gump Strauss Hauer & Feld LLP along with Buffalo-area firm Phillips Lytle LLP, both representing AudioEye, Inc.
The stack of papers also included a two page summons and a two page notice of electronic filing. None of these materials were provided in an accessible, let alone digital, format.
On Thursday May 11, 2023, an attorney from Akin Gump Strauss Hauer & Feld LLP delivered an amended complaint to my attorney as an untagged PDF.
For posting, I modified the amended complaint only to redact my home address. If you have access to something like LexisNexis you can look up the original document with index number 803054-2023.
The most substantive change in the amended complaint (there is more than one change) might be this demand on page 31:
(d) Granting Plaintiff an injunction enjoining Defendant from making future defamatory or disparaging statements about Plaintiff and requiring Defendant to remove his prior defamatory or disparaging statements about Plaintiff, and including further injunctive relief as the Court deems just and proper;
I have embedded the untagged PDF in an iframe following this paragraph (modified so you have to activate it to prevent auto-download). If it does not render, download the 1MB untagged complaint (PDF) directly and use your preferred viewer.
Related content on my site:
- My Cease & Desist from AudioEye, April 15, 2022
- #AudioEye Will Get You Sued, February 26, 2023
- All of my posts about overlays
I have disabled comments on this post. It seemed prudent.
6 July 2023: Motion to Dismiss
On 5 July 2023, my attorney filed a motion to dismiss under New York’s anti-SLAPP (strategic lawsuit against public participation) law.
The filing comes with a legal memo, statement of facts, exhibits, affidavits, affirmations, and procedural documents. I am linking and embedding only a few here.
Memorandum of Law
You can read the 34 page 405kb Memorandum of Law as a tagged PDF. If your browser security settings allow it, you can view it embedded via the iframe that follows.
Statement of Material Facts
The 21 page 667kb Statement of Material Facts as a tagged PDF. It is also embedded in the following iframe.
The following exhibits are referenced in the prior documents.
- LightHouse v. ADP settlement agreement (448kb tagged PDF)
- Overlay Fact Sheet as printed to PDF (792kb)
- My post #AudioEye Will Get You Sued as printed to PDF (699kb)
Affidavits and Affirmations
The following affidavits (from U.S. citizens) and affirmations (from non-U.S. citizens) accompanied the filing.
- Affidavit from Adrian Roselli (tagged PDF, 1.4MB)
- Affidavit from Norbert Rum (PDF of scanned image, 59kb)
- Affirmation from Rian Rietveld (tagged PDF, 161kb)
- Affirmation from Léonie Watson (tagged PDF, 135kb)
- Affirmation from Steve Faulkner (tagged PDF, 178kb)
- Affirmation from Ian Hamilton (tagged PDF, 203kb)