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Newsjock Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:11 PM
Original message
Court orders three anti-H-1B sites disabled
Source: Computerworld

A New Jersey judge has ordered the shutdown of three H-1B opposition Web sites and seeks information about the identity of anonymous posters.

On Dec. 23, Middlesex County Superior Court Judge James Hurley ordered firms that register domains and provide hosting services -- GoDaddy Inc., Network Solutions, Comcast Cable Communications Inc. and DiscountASP.Net, to disable the three sites, ITgrunt.com, Endh1b.com, and Guestworkerfraud.com. Facebook Inc. was also ordered to disable ITgrunt's Facebook page.

... Hurley's order was made in response to a libel lawsuit filed by IT services and consulting firm Apex Technology Group Inc., based in Edison, N.J. against the three Web sites opposing the H-1B visa program.

The issue is creating a stir among H-1B opponents working in IT-related jobs who fear their posts could result in the loss of their jobs.

Read more: http://www.computerworld.com/s/article/9142806/Court_orders_three_H_1B_sites_disabled
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ellenfl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:13 PM
Response to Original message
1. can't let those corporations lose their cheap labor pool. eom
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MNDemNY Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:16 PM
Response to Reply #1
2. Good thing we don't have a corporatist administration.
:sarcasm:
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berni_mccoy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:19 PM
Response to Reply #2
3. This has nothing to do with the Administration. This is a civil suit and the court was
Edited on Tue Dec-29-09 01:20 PM by berni_mccoy
a state court enforcing a Cease-and-Desist.

But go ahead and try to tie this to the Obama Administration, who actually, will be cutting down on H1-Bs and applying stricter enforcement of the program. See: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7348619
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MNDemNY Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:21 PM
Response to Reply #3
4. whatever.
Edited on Tue Dec-29-09 01:23 PM by MNDemNY
But you admit we DO have a corporatist administration. Good for you, at least you are honest.:hi: edited to laugh .:rofl:
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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:34 PM
Response to Reply #3
10. Apparently Judge Hurley didn't get the memo.
There was a memo, right?
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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 02:26 PM
Response to Reply #1
23. Should we allow Corps to Dictate FREE SPEECH
this is dangerous ground
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Echo In Light Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 04:11 PM
Response to Reply #23
35. As time passes the Corps dictate more & more, yet few seem to notice or care
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BobRossi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:24 PM
Response to Original message
5. As long as there is one unemployed American...
There should not be one H-1B visa in this country.
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Hello_Kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:32 PM
Response to Reply #5
7. Thank you.
But you get called a xenophobe and racist for saying that. Because all American workers are white, apparently.
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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:46 PM
Response to Reply #7
14. I prefer to couch it in these terms:
"Every H1B issued represents someone in the US government knowingly displacing an American worker."

Nothing racist or xenophobic about that; it is a simple statement of fact.
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HughBeaumont Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:47 PM
Response to Reply #7
15. Don't forget white and male.
Remember this? Ugh. Kick Free-Trader "Dems" out of the Big Tent. PLEASE.
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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:59 PM
Response to Reply #15
18. That was painful
Glad I missed it the first time around.
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Hello_Kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 02:39 PM
Response to Reply #15
27. I remember that thread well.
As I pointed out then, one thing we've got going for us is that the free traders have some sucktastic talking points: "You don't deserve a job! You should work for less! Whiner! Racist!"

They, and the cheerleaders of this asstastic corporate giveaway "health care" sham, should take their act on the road. I'd love to be a fly on the wall at townhalls where they tell Americans they need to stop whining, accept even lower wages than they're making now, and pony up a shitload of their rapidly dwindling disposable income to health insurance leaches. Paul Krugman would make an excellent figurehead for this marketing campaign. And have you noticed that many of the supporters of the crappy health insurance "reform" and so-called "free trade" are often one and the same?
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HughBeaumont Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-30-09 05:36 AM
Response to Reply #27
40. DLC - Dems as Lurking Conservatives.
The crux of ANY DLC'ers, just like their Republican counterparts, arguments about free trade and health care usually revolves around victim-blaming. "You should have been prepared!" "You should have gotten SKILLS!" (never mind many layoff recipients this century were degreed individuals and long-time employees) "People just don't save their MONEY anymore!"
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Confusious Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 02:01 PM
Response to Reply #7
19. I agree................ eom
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Ikonoklast Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 02:38 PM
Response to Reply #7
26. There are no persons of color in IT.
And no qualified non-white or non-male U.S. citizen has ever lost a job to a lesser-paid H1-B employee.


I learned that on DU.

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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:31 PM
Response to Original message
6. A website posts documents that exposes violations of both the law and decency
And a judge's answer to that is to protect the company which appears to be abusing the H1B program and its recipients by shutting down the website.

I think we can all agree that is a clear example of our corporatist government.
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DainBramaged Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:32 PM
Response to Reply #6
8. Anyone want to guess the Judge's political affiliation?
Edited on Tue Dec-29-09 01:35 PM by DainBramaged

Eight Superior Court Judges will reach the mandatory retirement age of seventy in 2010; the winner of the November gubernatorial election will nominate their successors. The Judges who turn seventy next year: Claude Coleman (Essex); William Cook (Camden); Michael Diamond (Passaic); Richard Donohue (Bergen); James Hurley and Stephen Skillman (Middlesex); Melvin Kracov (Hudson); and Andrew Smithson (Mercer). Nineteen Superior Court Judges will be up for reappointment next year.

http://www.politickernj.com/wallye/34220/winner-governors-race-will-appoint-least-27-superior-court-judges-next-year


The bigger issue is that the incoming scumbag Reich-wing governor will be able to appoit 27 Superior court judges next year.
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Hello_Kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:38 PM
Response to Reply #8
12. Meh, there are just as many DLC Dems who will sell us out .
Businesses need a "flexible" labor force, dontchaknow.
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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:42 PM
Response to Reply #8
13. I just finished reading John Grisham's "The Appeal"
Of course it is fiction but the author makes no excuse for the fact that he is advocating against judicial elections, although in many cases--like this one--appointments are not much better.

The story is about how business leaders manipulate a campaign to put a judge in the right place at the right time to protect the interests of big corporations.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:34 PM
Response to Reply #6
9. That's exactly what is happening.
And this had to come from the Fed since the visa program is a federal one.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:37 PM
Response to Original message
11. Here's what Apex Co. is really unhappy about:
"The company is seeking the identity of a person who posted an Apex employment agreement on Docstoc.com, that has since been removed. A link to the document and comments critical of it has been posted on a variety of Web sites, including at least one in India, on Desicrunch.com. The comment broadly alleges that employees will find it difficult to leave Apex because of its contract terms."

This posting sounds like a warning to foreign workers to look carefully at the Apex employment agreement. Workers on foreign visas can often end up like indentured servants depending upon the contract.
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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:53 PM
Response to Reply #11
16. The judge's actions protect the company.
And does so at the expense of workers in both countries. The judge's actions also constitute a cover-up and tacit approval of whatever law-breaking is happening at Apex.

That would be like the court telling the local news to keep quiet about the rapist loose in the neighborhood.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 01:56 PM
Response to Reply #16
17. That's exactly what is happening.
The abuses of workers on visas is astounding. It's almost as bad in some cases as being an illegal immigrant, and in some cases worse. If you don't like your dishwashing job, you can leave without having some company tie you up.
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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 02:29 PM
Response to Reply #11
24. got links - I would like to see that
and if it is posted on foreign websites this judge can't dictate to......
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 02:32 PM
Response to Reply #24
25. It came from the article, and here the websites they talk about:
ITgrunt.com, Endh1b.com, and Guestworkerfraud.com

http://www.computerworld.com/s/article/9142806/Court_orders_three_H_1B_sites_disabled

The article is here, but the "offending" employment contract has been removed. Of the three websites, only Guestworkerfraud.com seems to be operating.
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phasma ex machina Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 02:58 PM
Response to Reply #11
29. I call it neo slavery that features nearly invisible chains.
Tyson Foods, for instance, brings totally unassimilated Somalian refugees to America. (Bless its big heart. :sarcasm:) Tyson even gives "its" refugees low paying jobs in its Tennessee plants! :sarcasm:

Tyson banks on unassimilation acting as invisible chains to keep its neo-slaves on the plant(ation).
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Feron Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 03:21 PM
Response to Reply #11
31. From the cached endh1b website:
Edited on Tue Dec-29-09 03:21 PM by Feron
On 11/19/2009, a regular contributor to our site with the user name of H1B SCAM posted this to our forum:

I would like to take this oppurtunity to highlight several aspect''s of the 9 page legal agreement which might be important for you. For example: 30 day termination notice or forget your last paycheck when you quit, If you join a company (including any level between you and Apex) then pay $35000 or face a law suit, $9000 for legal,training and guest services when you quit. $35000 if you quit in between a contract...etc. The legalities of the agreement are convoluted,complex and can/will be used against you if you displease Apex technology Group Inc. So once you sign that document you are at the mercy of the employer and much worse than a bonded labour in India. Apart from above, employees don''t receive their salary at the end of the month. It is usually received @ a random date in the following month, provided you are lucky. Else you would have to chase HR/Accounting to get your pay check. This process helps Apex technology group inc to hold back pay incase you choose to accept employment at another location. The most important aspect of your transaction''s with Apex Technology Group Inc is that they tell you one thing before you transfer your H1B to their consulting firm and then later do not stick to what they say(aka lies & cheating). In other words once you file/transfer your H1B to them you more or less become their slave and you will get entangled in thier web of lies and legal documents. They run the company, they are very unprofessional and treat employees w

Review Submitted on : 06/09/2009

http://74.125.47.132/search?q=cache:PSOmnOHi3XMJ:endh1b.com/Web/blogs/endh1b/archive/2009/12/12/apex-suing-anybody-and-everybody.aspx+Apex+employment+agreement&cd=24&hl=en&ct=clnk&gl=us&client=opera
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 04:08 PM
Response to Reply #31
34. +100
THANK YOU!
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uponit7771 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-30-09 05:39 AM
Response to Reply #31
41. POW Right in the kisser
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Greyhound Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 02:05 PM
Response to Original message
20. Mustn't allow the sheeple to know how we have repackaged slavery.
I feel almost as bad for the H-1(b) slaves as I do for the ruined lives of IT workers.


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harun Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 02:18 PM
Response to Reply #20
21. Totally agree, both sides getting screwed. Slavery 2.0.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 02:19 PM
Response to Reply #20
22. Ouch!!!
!
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Hello_Kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 02:42 PM
Response to Original message
28. As commenters to the article have pointed out, it's a SLAPP suit
Strategic Lawsuit Against Political Participation. When you see a corporation doing this, know that they are doing something they don't want made public.
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jgraz Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 03:04 PM
Response to Reply #28
30. There's a simple solution: remove corporations' ability to sue.
The right to sue is an individual human right. Who say some faceless pile of capital should have the same rights as a human?
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Greyhound Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 03:45 PM
Response to Reply #28
33. Yep. n/t
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invictus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-29-09 03:21 PM
Response to Original message
32. H-1B visas should be abolished!
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jotsy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-30-09 12:13 AM
Response to Original message
36. Before I scream WTF 'til I'm blue, let me be sure I have this right.
The judicial branch of a state government is prepared to infringe on first amendment rights in order to protect a corporation from having people complain about unfair practices or warn would be workers of what they may be signing on for?

If that's the case, I sit here breathlessly wondering how long before a place like DU will get on some prissy ass judge's bad side and find itself in the same situation. Free speech is a cornerstone of this democratic republic and to know it is so vulnerable is troubling to say the least. The harder I look for signs of an independent people, the further I find this spoon of oppression being force fed to us.

Where is the light of justice with all this ugly truth, I thought the two were to go hand in hand, instead one could not be further from the other.
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divideetimpera Donating Member (106 posts) Send PM | Profile | Ignore Wed Dec-30-09 03:47 AM
Response to Reply #36
39. but..but..h1b visas are VIBRANT! and ...DYNAMIC! and RICH! and DIVERSE!
what...you failed to ingest your pro-globalization propaganda for the Day, comrade? :-)

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jotsy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-30-09 12:08 PM
Response to Reply #39
43. Your tone is curiously familiar. Rocky, is that you?
If I'm right, you'll know what I mean when I use that name. If I'm wrong, I'll just feel silly, but send a
:hi:
in return.

Welcome to DU either way!
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divideetimpera Donating Member (106 posts) Send PM | Profile | Ignore Wed Dec-30-09 06:58 PM
Response to Reply #43
44. hey. adrian, it's me, Rocky. You know, you got a cute smile
wanna go ice skating?



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jotsy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-30-09 08:41 PM
Response to Reply #44
46. a good game of chess is better, you may recall I'm terribly clumsy.
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girl gone mad Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-30-09 01:13 AM
Response to Original message
37. k & r
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Prospero1 Donating Member (52 posts) Send PM | Profile | Ignore Wed Dec-30-09 01:26 AM
Response to Original message
38. Isn't this prior restraint?
The judge is silencing the sites based on UNPROVEN ALLEGATIONS of libel. No need to actually carry out the suit - just shut em down till they run out of money. Makes me proud ro be an American.
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uponit7771 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-30-09 05:40 AM
Response to Reply #38
42. They can open another site via word of mouth and not name a company directly and avoid
...this
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Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-30-09 08:15 PM
Response to Original message
45. WTF?
Screw that judge.
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