Judge Issues Summary Judgement in Amaretto vs Ozimals Suit

It's been almost two years since Ozimals, the creators of the breedable bunny that was all the rage in Second Life for a time, ended up in court against Amaretto, known for it's horses that remain popular today. For those who don't remember, the trouble began in December 2010 when Ozimals filed a DMCA against Amaretto saying the scripts for Amaretto horses resembled those of Ozimals bunnies, and Amaretto responded with a counter-DMCA and copyright lawsuit. Later, the judge issued a temporary restraining order on Linden Lab against issuing a DMCA on Amaretto. The following month, he “granted an injunction that only applies to Ozimals' sending of takedown notices and makes no reference to restrictions on Second Life.”

The "bunneh versus horsie" lawsuit, which besides being a real life case involving virtual goods had the distinction of being presided by Charles R. Breyer, the brother of a Supreme Court Justice Stephen Breyer (Hamlet Au mused that there's likely to be a few jokes about the case in family conversation over the Holidays). Following the injunction in January 2011, nothing was heard about the case until this month. Tateru Nino reported that on November 5th, Judge Breyer made a summary judgement on the case.


Ozimals lacks standing to pursue its counterclaim, and so the Court GRANTS IN PART Amaretto’s Motion for Summary Judgment as to the counterclaim. Because Amaretto has not established a reasonable likelihood of facing copyright infringement liability, the Court finds that Amaretto lacks standing to pursue its remaining claims; it also finds that the possibility of harm is so speculative that the Court would not exercise its discretion to rule on he declaratory relief claims even if the threshold standing requirements were met. Accordingly, the Court DENIES IN PART Amaretto’s motion for summary judgment as to the declaratory judgment and copyright misuse claims, and DISMISSES those claims for lack of subject matter jurisdiction.


Amaretto claims the ruling as a victory for them, posting the "ruling vindicates Amaretto and permanently prevents Ozimals from asserting its previously claimed copyright on Amaretto or any other entity." There has been no comment on the Ozimals blog.

Hamlet Au's article on the case got number of comments, including one by Pussycat Catnip, whom remarked, "Summary judgements are ultra rare. They only occur when the situation is so obvious, the court finds there is no need for a trial. That's something Courts normally cannot Constitutionally do. To get one, the other side has to have essentially conceded the floor. ... whatever evidence was put forth, was deemed worthless."

It seems that this case is all but over, Tateru thinking, "it doesn’t look like Judge Breyer is going to have all that much left to rule on to finalize this case. It may drag on a little longer, but not that much longer ..." The general opinion on the Grid seems to have been that Ozimals had started the mess to begin with due to its market crash after months of being wildly popular, and went after the new top breedable pet by trying to use the power of the Lindens.

Hamlet Au thought that this case would establish a precedent for similar cases. Though this was a case in which the evidence was "worthless." One in which the accuser has a more solid claim is likely to go in it's own direction.

Sources: Tateru Nino, Hamlet Au

Bixyl Shuftan

Ozimals and Amaretto Ranch Breedables in Legal Fight

Virtual pets have been a part of Second Life for quite some time. Earlier this year, the Ozimals company was noted for their popular breedable bunnies. For a time, their bunnies were all the rage on the Grid, people breeding them for popular colors and putting them up for auction. In October, they made a marketing deal with Linden Lab, which sent out some promotional offers for them. Then Amaretto horses appeared on the scene, with horses that are also breedable, starting off as small foals that soon grow up and can also be ridden by avatars.

Recently, the two companies have been involved in a legal fight. It began when Ozimals demanded Amaretto stop selling the horses in a “cease and desist letter threatening to file a DMCA,” saying parts of the scripts were copies of the code used in the bunnies. Amaretto. Amaretto refused, and Ozimals fled a DMCA notice with Linden Lab. Amaretto soon responded with a counter-DMCA and copyright lawsuit.


Legal demands over Second Life products are nothing new. Just weeks ago, Universal Studios ordered a number of product makers to change the names of “Battlestar Galacitca” products, saying they were infringing on their copyright. A few years ago was the noted case of a sex bed company Strokerz being sued by several individuals led by the Eros company. But it was the company owner taken to court, not the company. The Ozimals and Amaretto fight is probably the first legal dispute in which both plaintiff and defendant are two registered companies whose revenue is made within Second Life.

Both Ozimals and Amaretto say they regret the matter has come to this, Josie Cooperstone of the Amaretto team calling it “a trying time for all of the breedable community.” But no one is backing down.

For Ozimal's statement, Click Here. For Amaretto's position, Click Here.

Sources: Dwell on It, New World Notes,
Pictures from ozimals.com and SL Marketplace

Bixyl Shuftan

Sources:

Update Chaos: Trouble at the Bunny Ranch

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Read the story in Extra.

Declining Markets - Ozanimal Bunnies Dropping in Value

Besides writing news articles, Shellie Sands has been raising Ozanimal bunnies in Second Life. So how are things on the bunny ranch? Could be better. Shellie explains things in her story "Declining Markets."

Read the story in People.