Adrian Roselli, pH0

Happy Friday!

#AudioEye is suing me
https://adrianroselli.com/2023/05/audioeye-is-suing-me.html

I am not taking questions.

#a11y #accessibility

#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…

Adrian Roselli
May 12, 2023 at 12:11pmWeb
Show threadMatt CampbellMay 12, 2023

Additional context for my followers who might not be in the know: AudioEye is an accessibility overlay, a type of product that claims to give websites a generic solution to accessibility with a simple JavaScript snippet. These scams have been going for years now. In my opinion, they're more about cashing in on the fear of lawsuits than actually serving disabled users.

@aardrian

Show threadTimothy WynnMay 12, 2023
@matt @aardrian Speaking of, did you ever figure out the automated release process for AccessiByeBye? I currently use uBlock Origin to block this particular overlay at work, but would appreciate an update post August 2021.
Show threadRosalín AnneMay 13, 2023
@noahcarver @aardrian @matt I actually didn't mknow this. My former domestic partner used to work for Audio Eye as an accessibility tester, testing web sites of their clients using a screen reader. So accessibility testing is what I thought of when I heard their name until today. Thanks for the call-out.
Show threadPratik PatelMay 13, 2023
@SingingNala @noahcarver @aardrian @matt They were one of the first companies of their kind that showed up around 2014/2015 or so. I encountered them as a prototype installation when a very large telecom client asked me to evaluate this prototype. They were not happy with my honest testing and evaluation. They thought they'd get away without putting in actual accessibility work.
Show threadRosalín AnneMay 13, 2023
@ppatel @noahcarver @aardrian @matt That's super interesting. I remember being around my ex numerous times while he was on testing calls. He seemed to really like the AudioEye interviewers he was paired with and the work that he was being asked to do. So, at the time, I thought, oh cool. A legit testing company. This was mainly in 2021. Of course, there's a difference between hearing a business meeting in passing and being a part of it. I wish I had listened more actively then. I'm trying to figure out how I ended up with such a skewed perception.
Show threadAdrian Roselli, pH0May 13, 2023

@SingingNala
If you wade into my posts you will see that when I refer to “AudioEye”, I am generally referring to its overlay product, barring exceptions for referencing its marketing messages, stock price, or its securities fraud settlement (as examples).

@ppatel @noahcarver @matt

Show threadRosalín AnneMay 13, 2023
@aardrian Right. That's why they stood out to me. I would hope that a company which does bona fied accessibility testing would not tarnish their own reputation by offering an overlay. It's shooting oneself in the foot. How disappointing. @ppatel @noahcarver @matt
Show threadPratik PatelMay 13, 2023
@SingingNala When I first encountered them, they were marketing their overlay product and their amazing press releases about the revolutionary way they were solving the accessibility problem. And they were even using Amazon AWS. It was the typical Sillicon Valley grift from the start. They added consulting/testing services later. @aardrian @noahcarver @matt
Show threadRosalín AnneMay 13, 2023
@ppatel That kind of behavior would have immediately repeled me. @aardrian @noahcarver @matt
Show threadAlienKnightMay 12, 2023
@aardrian Just read the entire PDF you shared. It's strange how they really are adamant that it works but yet you and others (I checked) have valid proof that it doesn't work, or at least not always/reliably. Seems odd that they would even go this far for 1 persons tweets/personal blog musings unless they were truly unconfident in their own product 🤔
Show threadEric A. MeyerMay 12, 2023

@aardrian Jeezum crow. Does New York have anti-SLAPP or similar laws? Anyway, let us know when the legal defense GoFundMe is set up.

(Also, the PDF automatically downloads when I visit the post. Not sure if that’s intentional or not. Might be because I have PDFs set to not render in the browser.)

Show threadAdrian Roselli, pH0May 12, 2023

@Meyerweb Oof, I forgot that many folks will not allow PDFs in the browser. I may have not been in the right frame of mind to do all the testing. Not sure what to do right now so gonna leave it. Spoon reload already needed.

And yes, NY has anti-SLAPP.

Show threadEric A. MeyerMay 12, 2023
@aardrian I can only imagine the spoon debt this is causing.
Show threadAdrian Roselli, pH0May 12, 2023
@Meyerweb I have adjusted it so the iframe should now be click to display (or in your case, download). I hope that improves the experience for you. If not, er, I gotta go make dinner.
Show threadMarc AmosMay 12, 2023
@Meyerweb @aardrian I will literally pitch in $ if such a thing is set up. Your time, knowledge, articles, Slack posts, social media posts, etc. have been so valuable to me.
Show threadAdrian Roselli, pH0May 12, 2023

@marcamos
I appreciate that, thank you.

@Meyerweb

Show threadashMay 12, 2023
@aardrian take care :(
Show threadErik VorhesMay 12, 2023
@aardrian — sorry this is happening to you!
Show threadAdrian Roselli, pH0May 12, 2023
@erikvorhes So am I, thanks.
Show threadsnowyfoxMay 12, 2023

My first time seeing lawyer letters...

If I got one of these I would instantly die. To even counter them at all takes like an entire formal specification of your position.. Which is a lot to put onto a single person, hence I was thinking, is it legal to sue someone over tweets..?

At least they sent a cease-and-desist first (is that legally required..?) and you have the option of deleting everything to leave the situation.. but of course that can be used to silence everyone that doesn't want to bother with proving what they say to the rigor of courts

Show threadJon Koops 🇪🇺May 12, 2023
@aardrian Perhaps the EFF could help you out here? https://www.eff.org/pages/legal-assistance
Legal Assistance from EFF

Please be respectful of the time of our attorneys. Direct all legal inquiries, not to the individual attorney, but to [email protected]. All inquiries will be routed to [email protected]. For expedited responses to media inquiries, please email [email protected]. The Electronic Frontier Foundation has been...

Electronic Frontier Foundation
Show threadAdrian Roselli, pH0May 12, 2023
@jonkoops Thanks. EFF is indeed in my mind.
Show threadMichał "rysiek" Woźniak · 🇺🇦May 12, 2023
@aardrian holy cow… good luck!
Show threadJames EdwardsMay 12, 2023
@aardrian Wow this is so fucked up. I don't know what else to say except, good luck. 💙
Show threadAdrian Roselli, pH0May 12, 2023
@siblingpastry Thanks, I appreciate it.
Show threadJames EdwardsMay 12, 2023
@aardrian If you do need to crowd-fund legal fees, I can help there, no hesitation.
Show threadlloydiMay 12, 2023
@aardrian really sorry to read this. I know you need this like a hole in the head, but I can’t think of anyone who fits the description of ‘has the receipts’ more. I almost feel sorry for the lawyers. Almost.
Show threadAdrian Roselli, pH0May 12, 2023
@lloydi That is lovely of you to say.
Show threadMatthew JMay 12, 2023
@aardrian jesus. good luck. sincerely.
Show threadAdrian Roselli, pH0May 12, 2023
@bermudianbrit Thanks.
Show thread@krisnelsonMay 12, 2023
@aardrian oof, if your lawyer wants to connect with others (disability/accessibility tech), happy to help discuss this stuff or arrange connections, discuss experts, etc.
Show threadAdrian Roselli, pH0May 12, 2023
@krisnelson Thank you, I will keep that in mind. I think I am ok?
Show threadllatan is outta hereMay 12, 2023

@aardrian

I simply cannot believe that this is how they handle legitimate criticism from a leader in digital accessibility.

Show threadLainey FeingoldMay 12, 2023
@aardrian in Yiddish there is a word “shanda” that means shame or disgrace. That is how I feel about this lawsuit against you - against a global leader in the accessibility space. Against someone who has taught me so much and contributes to the public commons with no motive other than transparent and ethical sharing based on a deep understanding of digital inclusion technology and practices. You don’t deserve this and I’m very sorry it is happening.
Show threadAdrian Roselli, pH0May 12, 2023
@LFLegal I appreciate that, Lainey. I really do.
Show threadAmanda CarsonMay 12, 2023
@LFLegal @aardrian Everything Lainey said. Times 1000.
Show threadbgt loverMay 12, 2023
@aardrian damn, that's sad, hope the case goes in your favour, keep us posted. In any case, when I open the link in firefox, I'm imediately prompted to download the pdf, which even manages to download itself automatically somehow. So yeah, can you...like...make it not do that? this is the only article on your blog where this is happening, so yeah, a fix would be appreciated.
Show threadAdrian Roselli, pH0May 12, 2023
@bgtlover Yeah, I was / have been in spoon deficit so did the PDF in an iframe thing and forgot some folks disable PDFs in the browser. I have not been able to get back in there to come up with a different approach. Hopefully later today.
Show threadAdrian Roselli, pH0May 12, 2023
@bgtlover I have adjusted it so the iframe should now be click to display (or in your case, download). I hope that improves the experience for you.
Show threadbgt loverMay 13, 2023
@aardrian yes, it certainly does, thanks. Even better, the pdf doesn't automatically download, even when I open a link in related and then go back to the original article.
Show threadAdrian Roselli, pH0May 13, 2023
@bgtlover Ace. Thanks for checking!
Show threadDanMay 12, 2023
@aardrian Is there anything I can do to help?
Show threadAdrian Roselli, pH0May 12, 2023
@danielm Thanks but no. At least nothing that does not require lots of money and a jetpack.
Show threadSarah E BourneMay 12, 2023
@aardrian This is terrible news. I'm so sorry you have to deal with this just for speaking the truth.
Show threadMark vWMay 12, 2023
@aardrian Good luck.
Show threadAdrian Roselli, pH0May 12, 2023
@markvonwahlde Thanks.
Show threadAnathema DeviceMay 12, 2023
@aardrian @mmasnick
Show threadElly LoelMay 12, 2023
@aardrian This is horrible, I'm so sorry. I hope you're doing alright and if there's any way to help, count me in.
Show threadAdrian Roselli, pH0May 12, 2023
@elly Thank you.
Show threadJamie TehMay 12, 2023
@aardrian True colours. They can't create something that's actually worthwhile and meets their own product claims, so they resort to legal action. So utterly unsurprising. Nevertheless, I'm sorry you have to deal with this.
Show threadAdrian Roselli, pH0May 12, 2023
@jcsteh Thanks.
Show threadJamie TehMay 12, 2023
@aardrian Here's a novel idea. Maybe they could spend the money they spend on legal action and false advertising on actually creating a decent product.
Show threadPatrick H. LaukeMay 13, 2023
@aardrian cunts
Show threadNoah Carver Has MovedMay 13, 2023
@aardrian Hi, Mr. Roselli. I'd like to thank you for doing what you do, and I'm so sorry that this company is abusing the legal system because you spoke truth to power. I wish you only the best of luck in your legal case. Please keep calling overlay companies and other "accessibility" scammers out for their snake oil and continue your excellent work in accessibility. It means the world to me and to everyone else your work has touched.
Show threadAdrian Roselli, pH0May 13, 2023
@noahcarver Thank you, Noah. I am glad you have gotten value from my ramblings.
Show threadSandrineMay 13, 2023

@aardrian Thank you for being transparent always.
You bring tremendous knowledge necessary to improve skills and approaches to build an accessible web, but sharing your experience with #AudioEye shares light on the difficulty to deal with the ruthless marketplace of the industry.

As others mentioned, petition, crowd-fund, any type of support... You're not alone.

You're appreciated, respected and, by far, more valuable to a11y and disabled communities than any corporation selling tools.

Show threadAdrian Roselli, pH0May 13, 2023
@fedbysandrine Thank you. I am glad to hear there is some appreciation for me ramblings.
Show threadAndre LouisMay 13, 2023
@aardrian 'Fake news, fake news. I don't like what you're saying so I'll just sue you until you give in and shut up.' How very Trumpian...