Comments on: Lindens Boot Dueling DMCA Claims To RL Court

By: T.Mathieson

T.Mathieson — Wed, 09 Jul 2008 11:08:30 +0000

We are now 10 months ahead and if you type “boots” in search you know who came out on top.

Tenshi Vielle? Never heard off.

By: Aya P

Aya P — Tue, 09 Oct 2007 07:50:52 +0000

Suing because of Second Life not only makes Linden Lab more strict with their rules the government will start to step in and regulate everything.

It is a second life and if you are using second life as your means of income then you are stupid and should not be in world.

No one will actually notice those three strings BUT the creator. Chances are those three strings have already been done in 1st life.. No wait. They have. Just stop being so petty because the Boot itself is nothing new. Once you have invented something that will change the aspect of Fashion it will belong to you…three strings wont.

By: archie lukas

archie lukas — Sun, 07 Oct 2007 16:20:32 +0000

Court?

Don’t be daft – this is a simple case of Handbags at Dawn
and may the best whus win.

By: Anonymous

Anonymous — Sun, 07 Oct 2007 01:02:09 +0000

Why do some people feel the need to take everything to court? It’s people like her who clog up the judicial system with their frivolous lawsuits. You can’t prove beyond a reasonable doubt that you invited three tassels below the knee on a virtual boot — which is, by the way, worth $3. I hope Ames wastes his/her time and money trying to get the lawsuit going. Idiot.

By: FlipperPA Peregrine

FlipperPA Peregrine — Wed, 03 Oct 2007 09:02:16 +0000

@Alyx: sometimes it is the morals, not the money. That said, you’re talking about tiny amounts of money, but they add up. McDonald’s average menu item only costs between $1 and $2, however, you wouldn’t talk that way if they were protecting a trademark or copyright of their own, would you? Of course not. Sometimes the volume of sales makes even the smallest profit margins per item quite valuable.

By: Maxx Something

Maxx Something — Tue, 02 Oct 2007 20:27:53 +0000

This is all so confusing. It seems like such a slippery slope when you can pin point one aspect of a piece of clothing and claim that someone else in infringing on your copyright. It will be interesting to see how this goes.

By: Lilibeth Andree

Lilibeth Andree — Mon, 01 Oct 2007 19:12:29 +0000

I recall from Property Law class a case about over a dress pattern. Two designers had the same dress pattern, and it was disputed who had the property rights over the design. The Supreme Court found that while the Plaintiff had a case, they could only find recourse under the Copyright Act…but the Copyright Act does not allow copyrights for PATTERNS! Thus, no recourse.

“To exclude others from the enjoyment of a chattel is one thing; to prevent any imitation of it, to set up a monopoly in the plan of its structure, of which only Congress has the power to limit” (Cheney Bros v. Doris Silk Corp)

Thus: Copyright Act doesn’t include patterns such as the one above on the fancy prim boots! So neither party has a right under the Act to sue the other for copyright infringement.

Glad I could provide a legal perspective to such a silly dispute (I think, sorry, the boots look so different I wouldn’t notice the fringy thing).

By: Darien Caldwell

Darien Caldwell — Mon, 01 Oct 2007 16:14:47 +0000

I saw these two boots some months ago, and the similarities struck me at the time. I had seen the Bax Coen version before I saw the other, but have no idea who came up with the look first. And thats the crux of the issue. I don’t think anyone can copyright this, no more than one could copyright wide lapels or button arrangement on a cuff. Someone copied someone, whether one copied the other, or both were copying something from Real Life, we’ll probably never know for sure. This shouldn’t be going to court at all. It happens all the time in SL. If every time someone made something that “looked like” someone else’s work, they were taken to court, then SL would be a ghost town, with everyone at their court date.

By: Alyx Stoklitsky

Alyx Stoklitsky — Mon, 01 Oct 2007 13:11:29 +0000

When you are taking someone to COURT over three pieces of a virtual boot, that you sell for utterly feeble amounts of money, you should stop and take a look at yourself and how ridiculously deep you’ve sunken into Second Life.

It’s things like this that demonstrate just how easily SL infects people with Drama and SRS BSNSS.

Sad.

By: Nacon

Nacon — Mon, 01 Oct 2007 11:26:38 +0000

Oh neat, I’m on her answering machine, it must be working!