benjamin-duranske
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Famed felon seeks to join MDY vs Blizzard
If you've been keeping up, you already know of the court battle between Blizzard and MDY over the Glider automation software used with World of Warcraft. Another amicus brief has been filed in the case, and this one is a real attention-getter. An amicus brief (often formally named amicus curiae -- friend of the court) is usually (but not always) where a concerned party submits additional information to the court, often to inform it of a wider impact or implication of certain outcomes beyond the fundamental interests of the direct parties to the case, or to provide other information which the court may be lacking. This isn't uncommon in particularly controversial, far-reaching or complex legal cases. That can go a little further, however, to what is called Intervention, where a third-party seeks to become a party to the case already in progress. The filer of the Intervention is Jonathan Lee Riches, who is incontestably our favorite US Federal Prison inmate. Riches has previously sued "Adolf Hitler's National Socialist Party", "13 tribes of Israel", Plato, Nostradamus, Che Guevarra, Jimmy Hoffa, the Lincoln Memorial, the Eiffel Tower, the Garden of Eden, the Roman Empire, the Appalachian Trail, Three Mile Island (the island, not just the power-plant), Rockstar Games, George W Bush, Steve Jobs, Perez Hilton, Britney Spears, and hundreds more. Now he's suing Blizzard because of World of Warcraft, and ... well, let's take a look at why ...
Spying on avatars okay? Duranske seeks case-law
Virtually Blind's Benjamin Duranske was, just as we were, taken somewhat aback by a recent article that reported that Professor George Stein, the Director of the Cyberspace and Information Operations Study Center at the Air Force's Air War College ("The Intellectual and Leadership Center of the Air Force") told people attending a seminar on security issues and emerging technology that it was okay to spy on avatars because "the Supreme Court has ruled that avatars are not real people" and that avatars are, thus, "not governed by laws." -- thus concluding that there are no significant legal barriers to spying and surveillance on them. Ouch, huh? We here at Massively have to call bullshit on that. No actual case-law was cited by name, so there's no evidence at this stage that such a ruling exists. Duranske is digging deep to find out if there might be such a ruling and is looking for help in running down any possible references. Up for grabs for one contributor is a signed copy of his book, Virtual Law. Neither we nor Duranske think anything will turn up to substantiate the claim, but who knows? Maybe there is some obscure US Supreme Court ruling out there that we've all missed.
Minsky vs Linden Lab: Restraining orders and petitions
The dispute between Richard Minsky (registered owner of the SLART trademark), and Linden Lab (applicant for the SL trademark) has been heating up. Minsky previously filed a civil suit in a federal court, naming Linden Lab, Philip Rosedale, Mitch Kapor and one or more other Second Life users (as John Does) for (variously) trademark infringement, trademark dilution, tortious interference, and fraud. Until such time as the judge decides whether a preliminary injunction should be granted, a temporary restraining order has been put in place -- most of the restraint being applied to Linden Lab. Meanwhile, Linden Lab has filed a petition of cancellation seeking to have the US Patent and Trademarks Office (USPTO) cancel Minsky's ownership of the SLART trademark. Are you a part of the most widely-known collaborative virtual environment or keeping a close eye on it? Massively's Second Life coverage keeps you in the loop.
Minsky vs Linden Lab: Minsky's mark
You may remember Richard Minsky, founder of The Center for Book Arts in New York City and owner of SLART Magazine. We previously wrote about his assertion of his rights and obligations with respect to his SLART trademark, which covers (among other things) Minsky's SLART magazine. The SL portion obviously represents Second Life, and the ART well... that's art. Minsky originally filed his SLART trademark on 22 March, 2007. It was published for opposition on 18 September, 2007, and finally granted formal registration by the US Patent and Trademarks office on 18 March, 2008 (registration number 3399258). SLART, therefore, is owned by Minsky insofar as the US Government is concerned at the present time, whether that grant was conferred rightly or wrongly, unless it is somehow overturned or abandoned. Now he has filed a civil suit in a federal court, naming Linden Lab, Philip Rosedale, Mitch Kapor and one or more other Second Life users (as John Does) for (variously) trademark infringement, trademark dilution, tortious interference (that is interference that causes injury), and fraud. Are you a part of the most widely-known collaborative virtual environment or keeping a close eye on it? Massively's Second Life coverage keeps you in the loop.
MDY and Blizzard continue to cross blades
World of Warcraft seems to be the focus of virtual law, lawsuits, angry gnomes, and all sorts of fun these days. Not only is a player suing IGE due to their gold selling practices, but Blizzard also took MDY, makers of the glider program, to court. Now, MDY and Blizzard are moving closer to getting this battle finished.The arena of choice is the US District Court of Arizona and the two sides put forth their best efforts and finished their replies. Now we just have to wait for the federal justice system to make a decision on summary judgment. As Virtually Blind's Benjamin Duranske points out, that could take some time. Nonetheless, a few people are following such lawsuits closely since this is new territory for the courts and the MMO industry. Some fear the cases bring the federal government onto virtual turf, others think it is time for an end to cheating and want government help, and a few players are indifferent and just want to get their characters to level 70 before Wrath of the Lich King arrives.
Robert Leatherwood is a loser, settles with Eros LLC
Texan teen, Robert Leatherwood, has settled the Second Life copyright violation lawsuit with Eros LLC, finally having admitted to also being Volkov Cattaneo - which he had previously repeatedly denied as Cattaneo, while simultaneously mocking the case against him and admitting wrongdoing and copyright violation. As Leatherwood failed to lift a finger in his defense -- not even responding to papers served -- the court handed down a default against Leatherwood, essentially making him the loser, regardless.
Hernandez drops HK IGE - Florida Economic Crimes Office investigates
If you've been following Hernandez vs IGE, you'll probably be a bit surprised to find that the Plaintiff (Hernandez) has dropped Hong Kong Internet Gaming Entertainment Limited (IGE) from the Defendants. USA IGE US LLC (the other IGE) remains on the docket. The Plaintiff alleges that IGE is gold-farming, spawn-camping, devaluing gold, spamming chat, and generally screwing up the experience for everyone else.
Default entered against Leatherwood
Eros LLC has won its case against Texan teenager, Robert Leatherwood (who may or may not be avatar Volkov Cattaneo - it actually no longer matters now if he is or isn't). Two weeks ago we reported that Leatherwood had failed to respond to the papers served to him in October, and that lawyer Frank Taney (representing plaintiff Eros LLC) was petitioning the court for default judgement.
Class action versus IGE
Benjamin Duranske at Virtually Blind kicks off coverage of another virtual worlds lawsuit. In this case, it's a third-party beneficiary contract class action claim (Whew. Try saying that three times fast) against IGE and their alleged actions in World of Warcraft. The plaintiffs allege, basically, that IGE is gold-farming, spawn-camping, devaluing gold, spamming chat, and generally screwing up the experience for everyone else.
