SL Music Video, "Bunny Dance The SIDH Iridium"

 

 (click here if the music does not play)

 

 From Nydia Tungsten on July 2025, "Bouncing Bunny Beach Club, Perri's XanadU, Club Cutlass, The Happy Vixen." There were a few comments, "I’m so happy your uploading again -^^- Same awesome style. I love the camera work and dance style Great music too!"

 

Looking Back: Shellie Sands and Grey Lupindo

 

As the Second Life Newser approaches it's twelfth anniversary, there is much to look back on. We have reported much on the People, Places, Events, and things across this virtual world over time. And perhaps a little about ourselves. Gemma Cleanslate and Bixyl Shuftan have been here since the beginning. But there were two others at the start who are no longer with us. Shellie Sands was noted for her poetry and love of pet bunnies. Grey Lupindo wrote about various places around Second Life, including her home community of Syzygy. Today, we look at these two founding members of the Newser.

Read more in People.
 

Looking Back: The End of Ozimals

 

It was five years ago on Wednesday May 17, 2017,  that one of the first breedable pet companies, Ozimals, closed down. They came onto Second Life in 2010. While they were not the first breedable pets in Second Life, they were a breakthrough as they were hardier than the fragile Sion chickens and "the first breedable pet company in Second Life to use a sophisticated system based on dominant and recessive genetics instead of RGB color values as the previous popular breeding pet games." For a time, they were wildly popular, some rare breeds selling for tens of thousands of Lindens at auctions. They even made a marketing deal with Linden Lab.  But the bunny craze soon faded. Shellie Sands thought that the market had become saturated, and when people kept on selling as people wanted to get rid of bunnies they could no longer afford to feed, the price plummeted.

Shortly afterwards, Ozimals filed suit against Amaretto horses, the next popular breedable, saying they had copied sections of their scripts. But after some time, the judge ruled in favor of Amaretto. More breedables entered the market, from dogs to cats and many others. But the Ozimal bunny had a place in Second Life history.

Ozimals continued on, smaller than before, but still going. But behind the scenes trouble was brewing. It seems Ozimals partnered with a "Akimeta Metaverse Development Services" in order to create the scripts for their bunnies, and apparently the partnership for some reason came to an end with no agreement on what Akimeta was owed. What is known is that Malkavyn Eldritch, the owner of Ozimals, posted on their blog that the day before, she had been hit with a "cease and desist" order from a lawyer representing their former partner, and she felt she had no choice to comply. Ozimals was coming to an end as a company.

But it wasn't necessarily the end of the Ozimal bunnies already out there. Malkavyn created for bunny owners "free eternal timepieces and other goodies" that would keep their pets active. Otherwise they would soon go into hibernation without fresh food. Bunnies that were "Everlasting" would go on okay. For a time, the Newser kept a package of these Ozimal goods at the office for anyone who got the news late. There was also a group created, "For the Love of Oz" for fans of the bunnies.

I was recently contacted by an Ozimal fan who asked me some questions about the closing and the goods for preserving and reviving bunnies. So five years later, interest in Ozimals is still out there.
 
Bixyl Shuftan
 

Scenes From Easter

 

The weekend from Friday April 15 to Sunday April 17 was a busy one in Second Life. The Bellissarians were celebrating their anniversary at their Fairgrounds. But that wasn't all. It was also Easter Weekend, so there were a number of Easter Events. While yours truly has been extra busy in real life, I was able to get a few pictures.

See the pictures in Events.
 

Happy Easter

It's Easter Sunday, which means a number of things in Second Life. For some, it's strictly chocolate and bunnies. One of the best known examples of this is Easter Town in the Townies sim, which Gemma wrote about last year.

And then, there's the more spiritual side of Easter. There are many churches, and prayer groups, in Second Life. Among them is The Vine Christian Mission at Miliaco (160/95/75), and the Egyptian church at the Coptic Egypt sim.

However you celebrate, Happy Easter.

Bixyl Shuftan and the SL Newser Crew

Easter Town

Easter is almost here. For some, the holiday is primarily a religious one. But both the devout and the secular have a love of chocolate, bunnies, bonnets, and other examples of fun also associated with the day. And at Laura Liberty's Easter Town, you'll find plenty of fun things to do. Besides the shopping, including gachas, there's also a balloon ride, a peeps race, an egg decorating contest with a prize, interactive builds, and of course lots of hidden Easter eggs to find.

Read Gemma's article in Places.

The RFL DSD Rabbit V2 Mod

Deaflegacy recently talked to some people about the "RFL Rabbit V2," an avatar modification. Not a complete avatar, but parts made to give another a purple coat of fur and other small changes, it was made by Astra Noctura (Silverskyranch) to raise money for the Relay for Life's Meli's Maniacs team. Deaf talked to her and a few from Team Sunbeamers whom had bought and used the mod.

Read Deaflegacy's article in Design.

Update on Ozimals: New "Fables" Bunnies On The Way

Just as the fans of Ozimal's bunnies were coming to terms with their pets no longer breedable, the following announcement was made, in notecard, in the "For the Love of Oz" group.

Hello from the land of Fables!

The creators of Ozimals, Candy and Malk, would like to share with you our new breedables project, Fables! Fairy dust is flying, behind the scenes, as we work to bring magical life to our first animal--the beloved Bunny!

To keep up with our progress, join our in-world Fables Update group, (secondlife:///app/group/d973573f-9060-3efa-d22a-2efffc2eecec/about ) visit our website www.fablesinsl.com, and join our email list. We're also on Plurk if you'd like to follow us there: https://www.plurk.com/fablesinsl

Our alpha testing group is closed, but we will need more testers in the near future! If you are interested in helping Fables as a beta tester, please send a notecard to Vander Ashland.

We are thrilled to begin a new adventure, and hope all of you will join us as we explore the mysterious world of Fables!

Happily ever after,
Fables Team

There were no updates in the Fables group when I checked. And there was no additional information in the website or Plurk. On some discussion in the "For the Love of Oz" group, Molly Glitter and Vander Ashland confirmed themselves to be Ozimal creators Candy Cerveau and Malkavyn Eldritch respectively. When someone worried that Ozimals' legal troubles might follow, he was told by Molly, " I can tell you that this is a new project from ground up and we own every piece of it. (smile)."

I instant-messaged Molly, and we had a conversation in which she gave me the okay to use. She told me, "Well, we are very excited to work on a new project from ground up, with lots of updates and enhancements to the original, since we were limited as to how much we could improve the old product. We plan to keep the core of what made the bunnies so fun, and use SL's advances over the years to make them even better." When I asked how soon we could see them on the market, she told me, "We're currently in a closed alpha, with a bunny model in testing and a waiting list for beta. That's about all we could comfortably say right now, but we will be updating the community regularly with our progress via the Fables Update group."


I asked her if she could tell me what the differences between Ozimals and Fables bunnies would be. She told me, "Not quite yet, but we'll be putting out some notices with additional information on our updates and upgrades in the next week or two. We like to have a feature well tested and working properly before we talk about it." I asked if there were plans in the future of pets other than bunnies. She answered, "We've always had ideas for other animals, but we've been limited with what we could do within the old framework. For Fables, we are building it from the start with the ability to create other pets, and we do have a couple in mind (smile), but for now, we are focused on the Bunny. (smile)" I asked would there be some kind of discount offered to Ozimal customers. I was told, "As of now, we're still being advised on on our ability to do that, but we'd love to give back to our loyal community who choose to support us with the new venture if we are able to."

I then brought up, carefully, the group member who expressed worry about Ozimal's legal troubles. She answered, "it is completely new code and assets, owned entirely by us. and created from the ground up. There is no claim anyone else can try to make on this new product." But I was told they couldn't comment on Akimeta's statement following the closing of Ozimals, "Unfortunately, we've been advised that any further public comments on that matter beyond what we said when we closed Ozimals could present legal risk to us, so I'm not able to respond to their statement. We want to look forward to new beginnings and the future, and the community asked us to come back, so that's where we want to focus now. (smile)."

"We're very excited to be working on Fables, we are planning to release more info regularly to our group, and are happy to talk about the new project any time. (smile) Thank you for speaking to me."

And so, Ozimal fans have hope that the creators of their pets will soon be out with a new kind of bunny. Under a new name and a code created by them, will they be free of the problems of their predecessors? Time will tell. But for now, the residents in the bunny group are happy to hear the news breedable bunnies will soon be back.

Bixyl Shuftan

Interview added 7:50AM

More On Ozimals: Akimeta Responds, Speculation of Consequences For Second Life

Since we last wrote on the closing of Ozimals last week, much has been spoken on the subject, and more information has come out. To begin with, the person ordering Ozimals to "cease and desist" has finally given his side of the story.

Aki Shichiroji, also known as Edward Distelhurst of Akimeta Ltd., came out with a statement defending his actions and accusing Ozomal of  "having omitted facts and made false claims." He gave a tale of "fighting Ozimals and it's owners in the courts" to get due compensation for his work. "They were sanctioned over 8 times for disobeying the courts," he wrote, "it is my opinion that throughout this case Ozimals has avoided producing discovery in an effort to hide their money and assets from me, and to delay and prevent me from collecting upon them." He stated legally he was the owner of Ozimals as "they were in breach of the last settlement agreement ... and the full owner of the copyright," and that he had recently learned that in September Ozimals filed to legally dissolve and transfer "the game" to a new owner, "It is my opinion that the events and facts that lead up to our Cease and Desist were entirely preventable by Ozimals and their owners plenty of times in the course of the past 7 years."

We wish things could have gone another way, but as we have outlined in detail with this document, since Ozimals LLC/Inc. is no longer an operating entity, Cameron Holt does not possess the rights to the Intellectual Properties. Yet, he continued to operate and profit from the business even though it has allegedly been dissolved 9 months ago.

We are genuinely upset that the actions undertaken by Ozimals LLC/Inc , Cameron Holt and Candace Sargent have led them to the abrupt discontinuation of their game and we regret that in doing so, all members of their community have been so adversely affected.

Reaction from the people in the "For The Love Of Oz" group, at least that I was observed, was skepticism. Some called Aki's claims outright lies. Others felt both sides needed to be listened to. In the SL Universe forum, the comments ranged from dark humor to blaming one side or the other to suggestions that the founders of Ozimals may simply have been incompetent, at least in understanding the legal side of a business.The Second Life Enquirer interviewed several distraught pet owners.

One other detail of Ozimals closing was that it was making the news not just in Second Life blogs and newsletters, but also in gaming ezines, such as PC Gamer and Kotaku, and even mainstream news sites such as BBC News. To Second Life residents whom would otherwise not have cared much about the pet bunnies, this was mixed news at best. While they had wanted more mention of the virtual world in the news, this wasn't what they had in mind. Hamlet Au called it a PR problem, "the implication is that user-created virtual content is frequently in danger of real world legal disputes." He also wondered if Linden Lab itself could take a financial hit as dispirited bunny owners could abandon their land, and therefore stop making the payments for it. On the other hand, the increasing discussion of Second Life was leading to a surge upward of Google searches of the name, which could lead to more people signing up. If there was enough money being made to sue over, perhaps some people were curious how they could make some.

So what can Linden Lab do about this mess? Hamlet had one idea for a possible solution. If a brand of virtual pet, or any other user-made content, becomes "massively successful," the Lab should purchase the rights to it, "and make that content an official part of Second Life." But those commenting were skeptical, feeling there would be consequences, "Why would anyone want to create in a world where their content was going to be acquired or have their efforts duplicated by the company?" Or feeling it shouldn't. Suppose Linden Lab did acquire Ozimals, only to make bunny food available to Premium accounts only? Another felt considering Linden Lab's record of handling even Premium support issues, he wouldn't want the the Lab "handling the level of support pets require."

Another option: instead of taking over virtual pet companies, Linden Lab could just make plans for their going out of business. They could make backups of the code for the food and anything else needed to keep them alive, and should the company go out of business or somehow find itself having to suspend operations due to legal trouble, it could step in to keep the pets alive. To avoid possible legal trouble, they would probably have to communicate with the legal owner of the company. Linden Lab would be balancing the interests of it's customers whom are owners of the virtual pets in question against the small but real possibility of having to go to court with an irate virtual company owner. This may be a issue the Lab would rather not deal with, even if it means taking a hit to it's bottom line.

There is a possible real-world parallel, at least for the future. As genetic engineering becomes more sophisticated, it will be possible to resurrect extinct species or create new complex ones. Many would love the chance to have a pet dinosaur, at least a small one, if they had the means to care for it. But the plants and/or animals the critter ate in it's time would not have been around for millions of years, so the company would have to make food it could eat as well, and likely put a copyright on that to maximize it's profits. Should the company go out of business, the pets could be in real trouble.

Someone commented "in a few weeks, this will all be forgotten." Probably not, as in a few weeks is Second Life's fourteen anniversary. While both Linden Lab and the residents celebrate the virtual world's birthday, there's little doubt that the mess over the bunnies will be on the back's of peoples' minds. A chance to tout the joys and fun of being in a virtual world can easily be challenged by skeptics, "but what about those who spend months to years caring for virtual pets, only to see them croak because the maker got served in court?"

One person I talked to called the case evidence that if a resident had a great idea, do it him or herself. Trouble is, the more complex a product, the more difficult it is for one person to handle, in the case of virtual pets, the coding, the design, the marketing, the financial paperwork, organizing events around the product, and more. Most people, especially those with real life jobs and family, would have to get help for such a project, or their idea will never see the light of day. And unless they can get all the needed people from within their circle of friends, that means looking for a business partner. One side effect of the Ozimals trouble may be some aspiring content creators shelving their ideas out of fear of legal trouble should the business partnership dissolve.

In the meantime, virtual life for the bunny owners, at least those who used the timepieces, goes on, continuing to trade and sell nests in the "For The Love of Oz" group. But no more will be created. A number of them have thanked the Newser and others for helping to spread the word about the timepieces and other tools used to keep the virtual pets active. We at the Newser appreciate their kind and heartfelt words, and wish them the best of luck with their pets.



Sources: New World Notes, BBC News

Bixyl Shuftan

More On Ozimal's Closing

There's been a few developments following the closing of Ozimals. I found the real Ozimal store at the Magic of Oz sim (180/90/23), but sadly anything having to do with their breedable bunnies or any other products of theirs was gone. There are still other items one can buy at shops, and one can explore the sim, going down it's yellow brick road and seeing Emerald City. It is unclear how long the sim will remain. The Ozimal blog has also been shut down.

Contacting Malkavyn Eldritch, he told me he couldn't tell me any details at all related to the "cease and desist" order other than what he already stated. But he did say there was a group concerned fans of Ozimal bunnies could join: For The Love of Oz . Chatting with the people there, I was handed a package with an "Everlasting timepiece" and other items needed to keep a pet bunny active, even one that had gone into hibernation. So if someone gets the news late about Ozimal's closing, they can still save their bunnies. You can also get the items from IMing the group and getting them from someone, or from the box of them at the Newser office at HV Community (135/85/25)

Fans of Ozimal have also set up a gofundme page, not to help bring back the company (which is unlikely), but to help out Malkavyn. "The funds we raise here will go toward helping him rebuild things in his life beyond Second Life and hopefully ease his real life burdens," the page states, "Please help us give back to him for all the joy that he has brought us."

In group notices, people were still trading bunnies, and there was plenty of chat about their pets and happy moments. So while the company may be gone, many bunny owners will still be enjoying their pets.

Bixyl Shuftan

"Goodbye Yellow Brick Road" Ozimal Bunnies Closes Due to "Cease And Desist" Order

After seven years, Ozimals has closed it's doors.

The news came suddenly yesterday on Tuesday May 16 when Malkavyn Eldritch posted on the Ozimals blog that the day before, she had been hit with a "cease and desist" order from a lawyer representing an Edward Distelhurst of Akimeta Ltd, "This letter demands that I cease all use of Ozimals intellectual property." Sadly, she made the conclusion they had no choice but to comply.

I don’t personally agree with this claim, but I do not have the means to fight this in court, therefore I have no choice but to comply. As of the morning of Wednesday, May 17, 2017, my products and their associated games will cease to function. 

This really f***ing sucks, and I’m sorry. It was never my intention for the time we’ve all spent with the bunnies and the Pufflings to end like this. I want to thank you from the bottom of my heart for all of the support this community has given me over the last seven years. I wish there was more I could say.

For those looking at two of the last pictures on her Flickr page, they found that if they could get to the Ozimal store in time. they could get "free eternal timepieces and other goodies" that would keep their pets active. Otherwise "Any bunny who is not Everlasing will be unable to eat and will hibernate within 72 hours." Those bunnies that were "Everlasting" would go on. Getting to the store at slightly after Midnight SL time, the store, and the means to preserve unprotected pets, were gone.

Who is Akimeta? A search let to a blog by "Akimeta Metaverse Development Services," in which they listed Ozimal bunnies as one of their collaboration projects, "Work for Ozimals LLC began in June or July of 2009 and through the course of my time creating the bulk of visual assets used by the company some ~2000 files were created, culminating in over 600 individual visual assets now used in the widely popular game." It seems their partnership has ended under less than cordial circumstances.

Ozimals came onto Second Life in 2010. While they were not the first breedable pets in Second Life, they were a breakthrough as they were hardier than the fragile Sion chickens and "the first breedable pet company in Second Life to use a sophisticated system based on dominant and recessive genetics instead of RGB color values as the previous popular breeding pet games." For a time, they were wildly popular, some rare breeds selling for tens of thousands of Lindens at auctions. They even made a marketing deal with Linden Lab.  But the bunny craze soon faded. Shellie Sands thought that the market had become saturated, and when people kept on selling as people wanted to get rid of bunnies they could no longer afford to feed, the price plummeted.

Shortly afterwards, Ozimals filed suit against Amaretto horses, the next popular breedable, saying they had copied sections of their scripts. But after some time, the judge ruled in favor of Amaretto. More breedables entered the market, from dogs to cats and many others. But the Ozimal bunny had a place in Second Life history. And now years after the lawsuit, ironically but sadly the bunnies have met their end due to another suit.

Goodbye, Ozimals, you brought joy and happiness to the grid for years, and I wish some of that will follow the people who kept the bunlife going.

Addition: The Ozimal blog seems to have been taken down, so here is a screenshot of the last entry.


Hat Tip: Hamlet Au

Sources: Second Life Wiki , Ozimals, Akimeta 


Bixyl Shuftan

Easter Town is Back

Just a few days after St. Patrick's Day, another holiday is upon us: Easter. And so the Townies sim has brought back Laura Liberty's "Easter Town." A notecard about the place listed the following attractios:

Lots of shopping plus...
-20 eggs to find with prizes inside
-Race marshmallow peeps
-Take pictures with Tina the Easter Bunny
-Do the bunny hop with Bugs and Babs
-4,000 L$ Easter egg decorating contest
-Jelly bean dance
-Ride the egg boats
-Race carrots cars
-Free bunny hoppers


Easter Town is at Townies, (119.128, 22)

For the news article about Easter Town in 2012: Click here. 

The Bunny Paintball Fight, and other April 13-14 RFL Events

This weekend, the Relay For Life Fantasy Faire begins. But last weekend had it's own examples of Relay fun. There was a jail and bail, a formal dance, and a whimsical painball match in which one team dresses up in bunny suits. It was quite an active time.

Read more in Events.

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

Easter Town

Easter had a number of events this season. Most were simple egg hunts, and there were Easter parties. But there was one sim-sized place that was all about Easter: Easter Town. Full of cartoony holiday goodness, it was a fun place to go to.

Read more in Places.

Easter Delights

Looking for an egg tree, or a bunny wishing Happy Easter? As usual Vickijo Rivera is way ahead of you with a myriad of Easter trees, bunnies, flowers and much more! You will find some delightful bunnies, large and small, eggs of all varieties, egg trees, arches and so much more.

The best thing about this place is that as usual it is all free. Sweetsister Silverstar and Saucy Loire, at Vickijo’s direction outdoes themselves at every holiday making sure you will get some wonderful decorations for your homes. I walked across a few emitter rugs that threw out some cute bunnies. I tasted a cake and some candy and found a sweet pair of bunny slippers to wear.

Be sure you get there in the next week to pick up your fun items. Look up in the air and you will find some low prim floaters you may like.

The decorations are available at Tranquility Harbor (50, 150, 22)


Gemma Cleanslate

Update on the Ozimals vs Amaretto Legal Fight

New World Notes recently reported on a new development in the legal brawl between Ozimals and Amaretto. 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, which legal Blogger Eric Goldman called “a bizarre twist.” he felt it brought up legal questions about Linden Labs and it’s ability to control content.

Since then, the court has “granted an injunction that only applies to Ozimals' sending of takedown notices and makes no reference to restrictions on Second Life.” Perhaps another victory for the horses, but the legal dispute hasn’t ended, “Although this ends the most interesting angle of the dispute, the bunnies vs. horses dispute remains pretty interesting on its own. Normally, I would expect a dispute like that to get resolved quickly. I'm a little baffled how the revenue streams from these virtual animals can profitably support full-scale litigation warfare. Unfortunately, the parties seem to be going down that path.”

There have been no further comments on the feud on either of the petmakers websites. Ozimals was celebrating it’s first anniversary, and offering a bunny as one of the gifts for the Helping Hands charity. Amaretto mentioned trouble in the form of an “Amarettocheats” website. spreading drama, and a bug resulting in sick horses.

To add to the confusion, there was an incident at the Amaretto barn reported by New World Notes, in which a number of residents picketed the place in a farcical protest, saying it was animal abuse and depravity to force the virtual horses in “underage” breeding and sell them, invoking the name of religion. This was almost certainly unrelated to the legal mess, but it was certainly one strange distraction from it.

"Curiouser and Curiouser."

Sources: New World Notes, Tech & Marketing Blog

Bixyl Shuftan

Judge Issues Amaretto Temporary Restraining Order Against Linden Lab in Legal Fight With Ozimals

The horses won, at least for now, in their battle with the bunnies.

In late December, Ozimals and Amaretto were heading to court over Ozimals’ claim the scripts for Amaretto’s horses had segments copied from their bunnies. On December 21, the judge over the case issued a temporary restraining order against Linden Lab, saying they could not impose a DMCA on the horse company, at least for now.

“... software copyright protection does not apply to functionality. Thus even if (Ozimals) was the first to come up with a virtual animal that requires ‘food’ to ‘live,’ and copyright it has does not prevent another company from marketing virtual animals with similar traits provided, essentially, that that company did not copy (Ozimals’) programing. Because, among other things, (Amaretto) has submitted declarations supporting the conlusion that it did not copy or otherwise ‘steal’ (Ozimals’) code (and that (Ozimals) knew this to be true when it filed the DMCA takedown notification). ... “

Eric Goldman, a law professor, had a few comments on his blog. He questioned why the ruling was made against Linden Lab and not Ozimals, saying this raised First Amendment issues of the Linden’s ability to edit the Grid. In any event, the restraining order lasts until January 11, when the court holds further hearings on Amaretto’s case.

On another note, Hamlet Au noted the judge in the case, Charles R. Bryer, was an assistant special prosecutor on the Watergate Special Prosecution Force, which took part in the case that caused the sole resignation of a US President in it’s entire history, “Wonder how he feels in the twilight of his legal career adjudicating a dispute between virtual bunnies and horsies?“

Sources, New World Notes, Eric Goldman Tech & Market Law Blog

Bixyl Shuftan

Sunday Cartoon

By 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: