[opensource-dev] impending lawsuit?

Lear Cale lear.cale at gmail.com
Wed Apr 14 08:53:54 PDT 2010


Another point: A copyright means you can't copy the work.  You are
allowed to come up with the same idea yourself and arrive at a simiar
result.  It requires a patent to protect against that.

Furthermore, DMCA applies only when the original work is *digitally*
copied.  It does *NOT* apply to a forger painting a duplicate of
someone else's work.  That falls under normal copyright law.  If you
didn't bypass copyright protection mechanisms to duplicate the
original, it's not a DMCA violation.  LL may use received DMCA filings
for purposes other than the intent of DMCA, though -- that's their
issue.

On Wed, Apr 14, 2010 at 11:46 AM, Lear Cale <lear.cale at gmail.com> wrote:
> 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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