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Reader Comments (19)

Posted: Apr 14th 2010 4:54PM (Unverified) said

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Heh, why does these nuts always come from around Philadelphia? It gives us all a bad name. In a related note, I actually know the judge in this case through a friend... small world.

Posted: Apr 14th 2010 5:50PM (Unverified) said

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Uhm. Is it use in US court filings to actually name J. Doe as defendant when you're out of names?

Posted: Apr 14th 2010 8:48PM (Unverified) said

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Why doesn't LL ban that Belial Foulsbane a$$hole? Seriously! He threatens LL? How is he not banned? Someone needs to dial http://knightsofmars.com on this one.

Posted: Apr 15th 2010 1:46AM (Unverified) said

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I am a ALT of one of the 27 accused . In my defense here is what I know and learned long before Corey Fahy (aka Belial Foulsbane this so called "creator") made his algorithm discovery. Since I am named on the Court docket I am not releasing my name (Linden Labs will know me I am sure) and I am posting this info to assist others in the defense of the rezzers in question.

Known Fact: Speed Rezzer in question was released October 12, 2009 as stated in the court docket.

Known Fact: The creator of the Gemini Viewer (Skills Hax) now assists the Emerald Team in development of the viewer.

Known Fact: Prior to June 18, 2009 The Gemini Viewer V2 released the DD command (Added several internal commands (like /dd [meters] to change drawing distance) and in V6 specifically states in the revision "fixed: internal chat commands now work with gestures ( eg: /offertp UUID or gestures to change drawing distance /dd 1024 etc" V6 rc02 was available for download as of June 26, 2009.

Known Fact: A Blog posted by Ana Lutetia on "How to re-render stuff" and use the DD Command was posted on October 10, 2009.

I further have more proof as to when I started using my gesture for my rezzer (prior to October 12, 2009) but this alone should be enough for now. "If" this goes to court I sure cant wait to get on the bus to file a counter lawsuit against this person to pay for my "East Coast" defense attorney since I live on the west.. lost wages, phone bills and all the other claims. Corey Fahey, I really do hope to meet you in court. And just remember depending on what ALT I used to make my first rezzer will give the date of "MY" rezzer that was not released.. cant wait to hear Scarlet's legalese on this one

BTW, Shout outs to the other 27 defendants.. hope this helps to establish your defense also if needed. I just want it over as I am sure you all do also. He "might" have been the first to post on XstreetSL but the facts clearly will show he was not the first to have the idea to put it into a gesture as was pointed out in the V6 02 release notes

Posted: Apr 15th 2010 1:56AM Joystiq Login Bugs SUCK said

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So let me get this right. He is claiming copyright on the "slash commands" in a gesture? like...

/dd 0
/dd 1024

Is that it? If it is, I wonder if the USA has laws against making silly pointless law suits and wasting the courts time.

Posted: Apr 15th 2010 3:30AM (Unverified) said

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Essentially, that seems to be the case. It appears that he's targeting anyone with a similar sequence of commands or who doesn't use a similar sequence of commands but provides something that has a similar result.
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Posted: Apr 15th 2010 4:10AM Joystiq Login Bugs SUCK said

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Ah, a little research suggests that in the USA that for something to be deemed as frivolous litigation the arguments must truly be stupid.

I wish I could see the filing. It would be a fun read. The defense should easily be able to quash this one, hopefully with full costs.
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Posted: Apr 15th 2010 4:14AM (Unverified) said

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Documents available here: http://isellsl.com/TRO_Motion.zip
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Posted: Apr 15th 2010 4:55AM Joystiq Login Bugs SUCK said

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That is a huge list of avatars there, many of the owners not being subject to USA laws. You can also tell so much about a person from their handwriting ;)

Reading it, I think your analysis there is spot on though. He doesn't have a leg to stand on, algorithms are not protected and these are 110% algorithms.

/fart
/say "Ewww, who cut the cheese"
/lol

is a copyrightable work, but this gesture isn't because you have no scope for creativity. Get the order wrong and it stops working.

Wonder if he realises he will probably lose his house to pay his court costs should the threat of a counter-suit not shut him up?
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Posted: Apr 15th 2010 7:27AM (Unverified) said

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Even if it was copyrightable, the idea of how this works is so fundamental to streaming of any form of content, that I would be surprised if LL can't trivially find examples dating back to the 90s, and back to the 80s/70s if they look hard enough.

Someone with more patience/an interest in history than me might want to look through the MUD-Dev archives ( http://www.raphkoster.com/2007/02/02/full-mud-dev-archive-for-download/ ) to see if they can find examples of this sort of idea being used on MUDs (I know a few attempts were made to make MUDs that modelled 3D spaces rather than isolated rooms).

Posted: Apr 15th 2010 8:48AM (Unverified) said

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Skimming the case, his inclusion of LL as a defendant gives me the suspicion that what he's really trying to do is to ride the coattails of Stroker/Munchflower's case about LL profiting from allowing infringements to happen, hoping to get some compensation from LL if that one goes through.

Overall, his claims are so absurd that it would be hilarious if it didn't have such consequences for the accused.

Posted: Apr 15th 2010 11:08AM (Unverified) said

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Dear Corey,

Hello! We read about your lawsuit and were pretty excited. We don't know much about Al Gore rhythms but after skimming through the legal docs it is clear to us that you have a fine career ahead of you here as a strategist for the America Tea Party Movement. Anyone who can dream up an idea like this complicated lawsuit that is based on nothing more than strong personal conviction deserves a chance to influence government. Please contact myself or Sarah Palin ASAP for further information. And, you watch your back in Philly, lots of Obamunists live there.

Sincerely,

George Finker
USA Tea Party Movement

Posted: Apr 15th 2010 1:33PM (Unverified) said

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I first saw this over on the Opensource-Dev mailing list, and was just floored, thinking for sure that it had to be some sort of April Fool's joke gone awry.

What this represents is the polar opposite of the people who think that using copy-bot like tools are always justifiable. People who think that their product should be protected at any cost regardless of rational merit, versus people who believe that everything should be free. Both groups of people really share the same thing in common, which is an undeserved sense of entitlement.

In any rational discussion of intellectual property, there is a middle ground, but this person has completely jumped the shark. He's exhibited an absolutely astonishing ignorance of IP law, as well an any ability to consider the big picture. If by some miracle (he better have his Jesus Shoes on) this makes it into a courtroom, it could be a very painful bruise on the reputations of those who support IP protections in SL.

Posted: Apr 15th 2010 3:46PM (Unverified) said

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Has linden lab said yet whether the removal of the patent license clause was intentional or not?

Once that expires, we are going to see way more people suing over content in SL.

Posted: Apr 15th 2010 4:02PM (Unverified) said

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They'd only be able to sue for things that weren't introduced to SL before 30 April.

No, we've not asked the Lab about it. We've always been rebuffed anytime we get near questions that might have legal ramifications, however slight.

For example, when they changed payment processors a couple years ago and we asked who the new firm was, the Lab wouldn't even name the business. Anything more substantive than that generally doesn't earn anything nearly as polite as a 'no comment', and we've learned not to make the attempt.
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Posted: Apr 17th 2010 10:19AM (Unverified) said

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As reported on SLU that persons now sends out letters to other residents with the same first or last name (Belial / Foulsbane). He tries to intimidate others to force them to either make free advertisement for his gesture or if not threatens with legal action if they do not delete their account. Pretty hilarious, but this may indeed lead to people deleting their accounts out of fear. Something that has to be stopped rather quickly.

I believe the best is to AR him for multiple violations of ToS, harassment and fraud and let the Lindens deal with it.

I also believe the person suffers from a serious medical condition that should not be left unattended.

Here's the letter he reportedly sent out:
******************************************
Dear [Belial or Foulsbane] My name is Belial Foulsbane ©. You are hereby notified that your account name is infringing on my intellectual property for which I own copyright. "You may not select as your Account Name any name that Linden Lab determines may cause deception or confusion; may violate any trademark right, copyright, or other proprietary right or mislead other users regarding your identity or affiliation." Terms of Service | Second Life "3.2 You agree to use an Account Name in Second Life that is not misleading, offensive or infringing. You are responsible for activities related to your Account Name, and for keeping your password for this Account secure. You may not select as your Account Name any name that Linden Lab determines may cause deception or confusion; may violate any trademark right, copyright, or other proprietary right or mislead other users regarding your identity or affiliation;" You have three options. (Option One) We can settle this together. The problem is that other users may be confused or mislead that you are connected to my Emerald Speed Rezzer©. This will cause my business financial loss as well as loss to the secondlife community due to the denied access to an extremely beneficial algorithm that speeds up rez time. The solution for me to allow your continued use of my copyright, is for you to come to my store ?? and create a new pick linking to the Speed Rezzer in your profile so that users may find it. This pick must be at the TOP of your picks page on your profile, and must read exactly as the top pick in my profile does. (Option Two) Login to your account at Virtual Worlds, Avatars, free 3D chat, online meetings - Second Life Official Site Click "Account" on the top left of the page. Click "Cancel Account" and confirm. (Option Three) I will file a DMCA with Linden Labs against your account. I will subpoena your real life personal information from Linden Labs. Then I will file a class action lawsuit in the Eastern District of Pennsylvania against anyone that uses my Intellectual Property in their account name. You will be required to appear in person or I will win my case by default. I will sue for damages times ten, attorney fees, and financial loss of my business. I will be automatically checking your (and other accounts) profile picks in mass with a program. Failure to post my pick at the top of your profile picks page will be considered a violation and I will take FULL legal action against you to the maximum amount the law will allow. I have hopes that we can work this out to both of our benefit. Sincerely, Belial Foulsbane

Posted: Apr 17th 2010 5:19PM (Unverified) said

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Here is proof of 2 people saying it was sent by an object owned by Belial Foulsbane.

http://www.sluniverse.com/php/vb/general-sl-discussion/43107-emerald-speedrez-lawsuit-5.html#post911017

Posted: Apr 18th 2010 8:14PM (Unverified) said

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Wait a minute... dont you "Trademark" a name, terms or symbols? How can he claim copyright to a name? Also does he not have to have a "registered" copyright to bring a suit for copyright infringement in federal court? From what I have read he does not have a registered copyright. Just wondering :p

Posted: Apr 18th 2010 11:20PM (Unverified) said

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Yes, you can't copyright a name (nor the title of a work, such as a book or a film).

That's trademark law, which behaves differently and you cannot bring a copyright case for trademark infringement.

You *can* bring a copyright case to court for copyright infringement without registering the copyright first, but failure to do so sufficiently in advance means you are not entitled to statutory damages or to legal fees if you win.
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