[opensource-dev] impending lawsuit?
jamey at beau.org
Wed Apr 14 08:39:44 PDT 2010
Lance Corrimal wrote:
> ... is that guy out of his mind?
Yes. See notes below.
> You are reading this because you were listed in a lawsuit by Belial
> Foulsbane and Scarlett Vielle. Somehow you are a victim of his False
> DMCA claims, and his ongoing effort to manipulate LL into killing off
> his competition for the "Emerald Speed Rez".
There was discussion of this "Emerald Speed Rez" at one of the previous
Emerald Office Hours - as the same effect can be implemented with a
short series of chats (short enough, quite a few don't bother putting it
in as a gesture), it's highly unlikely he's actually doing anything of
note. I believe the Emerald Devs said they weren't going to include a
feature of that nature to automatically take effect after teleports, as
it actually increases the load on the server by a fair amount.
> If you would like to join the defendants against this
> paperwork-greifer in a counter lawsuit please contact me with your SL
> name and anything else at primeinx at gmail.com
> Do not be scared
This is certainly true enough.
> 1) Scarlett Vielle claimed that they automaticly had a protected
> copyright from the moment they made anything. (The US copyright
> office is not aware of every creation in SL, does not issue free
> copyrights, and does not issue anything without a proper filing)
> 2) There is no copyright registered in the united states:
In fact, copyright of a work does take place at creation, and does not
require filing with the Library of Congress. However, to be awarded
punitive damages in a lawsuit, said filing must take place - but actual
damages may still be asked for. Just that actual damages is far harder
to prove. IANAL, but this has been hashed out in the broader computer
community for some time.
> 3) Linden Labs cannot be sued. Yet he filed against them.
Linden Labs can in fact be sued. Nothing stops that. Only governments
can claim sovereign immunity from courts that are under their authority.
Ergo, the US Government must consent to be sued in federal, state or
local courts, states may be sued in the Federal Courts, but must consent
to being sued in their state courts, or in subsidiary local courts. And
so forth. Again, IANAL, if it's really important, contact your own
> 4) The judges signature on his legal papers he faxed to LL is blank.
This may simply be that these are copies of his copies - the controlling
paperwork would be the original copies actually on file with the
appropriate court. However, it does sound rather bogus.
> 5) He cannot copyright the word "Emerald" for the same reason he
> cannot copyright the word "SecondLife" or "Microsoft".
Correct - copyright does not apply to single words. Trademarks *can*,
however, the Emerald Devs would have a much better claim. It would be
rather funny, if he did in fact get a trademark on Emerald, since the
Emerald viewer would need to get a new name, which would lead to his
"Emerald Speed Rez" not having an Emerald viewer to work in!
> He is a paperwork bully filing false DMCA claims as you know.
At least he learned it from the Big Guys, like the MPAA and the RIAA.
This is why the DMCA is so bogus.
> If you have any ideas to stop this madman, do please share them. Lets
> create a group and fight him off shall we?
I'd say just ignore it - the bogosity is so strong, it'll collapse into
a black bogosphere from which no sanity can escape.
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