[opensource-dev] impending lawsuit?

Lear Cale lear.cale at gmail.com
Wed Apr 14 08:46:06 PDT 2010


FYI, Whoever wrote this is ignorant of US copyright and trademark law.
 In the US (and most countries), you have an implicit copyright
whenver you render an original work in any fixed medium.  I.e., if you
sing a song you made up, no implicit copyright, but if you record it
or write it down, you do get one.  "Work" here means "work of an
author".

A copyright does not have to be registered to be valid.  It does have
to be registered to file suit; failure to register before publication
means you can still collect damages but not "statutory damages and
attorneys' fees".

If subsequent posts are correct for what this is about, copyrights
don't apply anyway.

Also, you can't copyright a name.  You use trademarks to protect a name.

So just be warned that there's a lot of bullshit going on here, on
both sides of the fence.

IANAL but I do know a little about copyright law.  You can verify
these facts at http://www.copyright.gov .

Jeff

On Wed, Apr 14, 2010 at 4:28 AM, Lance Corrimal
<Lance.Corrimal at eregion.de> wrote:
> Hey all,
>
> just got this notecard inworld:
>
> "Hello.
>
> 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".
>
> 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
> 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:
> http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First
>
> 3)  Linden Labs cannot be sued.  Yet he filed against them.
>
> 4) The judges signature on his legal papers he faxed to LL is blank.
>
> 5)  He cannot copyright the word "Emerald" for the same reason he cannot
> copyright the word "SecondLife" or "Microsoft".
>
> He is a paperwork bully filing false DMCA claims as you know.
>
> If you have any ideas to stop this madman, do please share them.
> Lets create a group and fight him off shall we?
>
> zFire"
>
>
> ... is that guy out of his mind?
>
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