Stroker’s Lawyer: Case Is About Protecting Creators Against Piracy
by Alphaville Herald on 18/09/09 at 8:07 am
Similar case resulted in a $32M USD award to LouisVuitton
by Pixeleen Mistral, National Affairs desk
The class action lawsuit against Linden Research is about "protecting therights of content creators against piracy" according to Michael Aschenbrener of the KamberEdelson law firm. Mr. Aschenbrener is the lead attorney representing Mr. Serpentine and Ms. Zaius.
Michael Aschenbrener
When Herald staff contacted Mr. Aschenbrener for comment earlier this week, he summarized the case by saying, "Its not just about a local class, it is aboutsettinga precedent for goods in virtual worlds and the internet at large.Content creators rights have been trampled on with no recourse and thisis not acceptable".
Asked for similar cases Aschenbrener said there are not many precedents in this area, but pointed to three similar cases.
A case between Louis Vuitton and a web hosting companywas filed in the same venue as the Eros LLC case and resulted in a juryawardof $32M USD to the luxury goods maker. In the Louis Vuitton case, theweb hosting company was hosting 3rd party web sites selling counterfeitgoods. Mr. Aschenbrenersaid he believes that the case against Linden Research is stronger thanthe LoiusVuitton case, and significant damages may be awarded.
In theTaser vs. Linden Lab copyright infringement complaint, there was no legal ruling because the case was dismissed within two weeks offiling – presumably due to a settlement between the parties. Another similar case is still in process with Viacom challenging YouTube for a pattern of piracy of Viacom's content and asking for a $1 billion USD award.
As for what happens next, Linden Research has 20 days from when the summons is served to respond, so unless this complaint is settled outside court, look for more developments in the next month.
Atra Lupis
Sep 18th, 2009
Oh brother …
This entire “case” is nothing more than a twit who cannot make money in the adult industry without the use of Second Life getting bent out of shape over the sale of similar products by the very same people that came up with the scripts and animations for said products.
This is not about “protecting” anyone OTHER THAN Stroker.
To be realistic here, if this nancy boy wins this “case” over non-existant “goods”, then everyone else loses.
Linden Lab will either recoup the money elsewhere or simply shut down.
If for some reason Linden Lab manages to survive, they will impose restrictions stringent enough to force all but the biggest content creators out of Second Life: Stroker’s goal. He wants a monopoly on the Second Life adult industry.
Munster
Sep 18th, 2009
Look at this loser, sueing over digital sex. This is when you know your life has hit rock bottom.
Arwyn Quandry
Sep 18th, 2009
I applaud Stroker and Munch for this case. I can only hope that they suceed and help create real, meaningful change to the way content theft is handled.
Wondergrl
Sep 18th, 2009
I kinda have problems with people who cry wolf, when their teeth are bloody too.
These items available in world:
http://www.flickr.com/photos/munchflower/3473999911/in/photostream/
MB
Sep 18th, 2009
Nice one, Pixeleen.
The more I read about this, the more I find it difficult to argue that Linden Lab is responsible for the actions of its copyright-infringing users. This is a typical case of seeking out the deep pockets, and it’s on shaky legal ground to start with.
As I mentioned the other day in my report, the same thing happened when FM band radio came out – the dominant AM producers tried (and succeeded) in crushing it and limiting the market. That is what this case is about.
Atra Lupis
Sep 18th, 2009
Oh please Arwyn … As I said, this case is about Stroker and Stroker alone.
There is not a single GOOD thing that can come of this for any user of Second Life.
Tertullian Blatherskate, Esq., of Blatherskate, Snopes, Gantry, and Blatherskate
Sep 18th, 2009
That pinstripe suit alone would get this attorney fired at BSGB. We have a code of ethics in such matters.
Second, and last in my book, Mr. Aschenbrener is not wearing a chicken hat to show his sensitivity to SL’s injured poultry farmers.
I am certain he does not know the “secret cluck” either. In other words, an egg-sucking SHYSTER!
Ajax
Sep 18th, 2009
LL always claims they protect against piracy, and then assists the pirates themselves, selling known pirated goods on XstreetSL and not responding to content creators complaints about piracy. No, Stroker is not alone –by far — and thousands of SL content creators are on his side. Just as music tracks are not “just sounds” — virtual creations are not just images — it is intellectual property on an equal ground as recorded music and should not be disparaged just because it is not to your personal taste. The virtual content truly has significant value — otherwise individuals would not go to such great lengths to illegally copy them. I, along with all the thousands of other virtual content creators, hope Linden Labs pays big and learns their lesson.
Munchflower is a fucking hypocrite
Sep 18th, 2009
@Wondergrl
Just to back you up, as on the other page. Munchflower is complaining that people are ripping her crap off and yet she herself is ripping off other people’s work. Look at the photo that Wondergrl links to. Now look at this one.
http://i208.photobucket.com/albums/bb167/ButchBear/WWUnderoos.jpg
Oh she calls them Underoohs instead of Underoos, uses Wondurr instead of Wonder. Little things like that, just like counterfeiters do in RL. And yet she’s got the brass to start a lawsuit to protect her IP? She’s a fucking hypocrite and I hope those Linden boys and girls are noting these things to throw in her face in court.
Atra Lupis
Sep 18th, 2009
Good luck finding a place to sell your non-ezistant items then Ajax.
Items in Second Life exist ONLY within Second Life.
Music exists on compact disc, magnetic tape, etched vynil, digital versatile disc, sheet music and a host of other storage methods, including raw computer data.
Stroker’s Sex Gen beds exist only as computer data and quite frankly are not worth this sort of lawsuit.
Avatar designs might be worth a suit, methods of transporting the data that eventually becomes your inventory might also be worth a suit.
Stroker’s business within Second Life?
The judge would do far better to throw the case out and make Stroker pay out of his ass for wasting everyone’s time.
Jumpman Lane
Sep 18th, 2009
The case is a publicity stunt. period. Had to believe anone at Eros REALLY cares about content theft, the way Sex Gen estate managers passes around stolen Redgrave skins all spring and summer. (FACT). Were sexgen beds stolen.? YUP. Were they the most popular stolen sex bed? NOPE. Will this benifit Second Life? NOPE! So WE side with the Lindens and Linden lab! Yay LL! Boo Eros!
janeforyou Barbara
Sep 19th, 2009
If this are a publicity stunt for Eros its a non effeckt in SL,, you realy think posting in here give publicity for a SIM?,, not that many in SL read this pages,its you and me and a few others, if its ever wil be a publicity stunt it wil be for SL in the News mainstreem media out there.You get 10 times more marked effekt “in world” with a 5k L ads.
Debi Dastardly
Sep 19th, 2009
Just another case of someone wanting to be like that guy in that movie Highlander and gos around saying “There can be only one” no matter that if someone changes just one little thing on a bed to make it different than he has no case. I have noticed this in all areas of business both in rl and on sl. There seems to be a lot of little boys and girls that instead of truly improvising and making something unique they instead try to shut down the competition. I hope this lawsuit fails miserably and Stroker gets a good spanking from the judge presiding.
@Janeforyou I’m not trying to be mean sweetie but firefox has a really good spell check feature built into it
janeforyou Barbara
Sep 19th, 2009
@Debi Dastardly
No one with sense want to be ALONE to sell any,you do want competition so costumers can compare items qualety and prices, besides you dont develop any by beeing alone.
Spellchekk dont work for me, sorry for typos.Am a Norwegian 400 y old witch..lol
Jumpman Lane
Sep 19th, 2009
@Janeforyou you must be some kind of retard. Eros LLC v Linden Lab is being covered in the real world press as well as the sl press. and the herald has some reach. Tard! It is a publicity stunt because though people DO steal Eros content, and Stroker Serpentine IS a victim, his minons (Cheergirl Allen and Chelsea Malibu, ok lets call em business associates) quite blithely spent the summer stealing Redgrave skins whichwere passed all around Sex Gen Island; so I dont buy this “I’m fighting for the rights of content creators everywhere speil.” I’m not a lawyer, but to me it would seem Linden Lab has good faith best efforts to combat content theft and even Ol’ Stroke doesnt expect a great financial windfall from the case. The buzz around that bunch has been to the effect: ‘Jump: That Stroker crap sux lmao.Who buys that shit anyways’ Them: oh Your gonna love it. watch what Stroker does next. He’s gonna ressurect the brand!’
Personally, I applaud The Old Man in that. I have SERIOUSLY always been a fan. Though I’ve always like Second Life MORE. Never liked Linden Labs meddling when they have been sprurred to action. to me, this seems like needlessly poking them with a stick. (um pun intended lol)
Eva Ryan
Sep 19th, 2009
Next thing you know, someone will sue God for making the world for which they suck in. Yah, Good luck with that.
Darien Caldwell
Sep 19th, 2009
“to me it would seem Linden Lab has good faith best efforts to combat content theft”
Oh geez. Did Torley replace you with an LL bot? I remember when you used to be on the side of good.
LL certainly has not made a good faith effort to stop content theft. A good faith effort would be to end anonymous account creation, IP ban people who are caught stealing content, Blocking all Tor Anonymizer sites which are known around the internet, blocking known content stealing clients, and working toward discovering new ones as they become available.
As you can see, it requires some work, work that LL is unwilling to do. They have not made a good faith effort, in fact, they have made no effort what so ever.
Stroker’s motives are immaterial. What is important is, this is what needs to be done, to either make LL take responsibility, or to hopefully kill off LL, as the weak should not survive. If anything else, it will be an example for the next generation of Virtual Worlds on how *not* to be successful.
janeforyou Barbara
Sep 19th, 2009
@Jumpman
“@Janeforyou you must be some kind of retard.” You know how to chose your words hehehe,The “World press” ? I read the world press and i never seen this there.
I read the SL press, The SL press are more or less this pages, ask “mainstreem SL user” if thay herd of this and you get a no,, non realy cares bout it besides you and me and a few others.
I been on CNN.. i been on Boston news, New York news and on TV all over Europe, i had my own PR agent i used over 3 mill L$ = 12.000 USD on marketing i had 15 journalist/press agents intervjuing me the past 4 yares RL and SL on Isle Of Lesbos.
PR stunts last 1 day! The other day you are out of the mind of the few 1% that even se the name you are promoting.To promote any you need constant promoting over and over all the time, just take a look at the ads at this page,you are prolly reading this page every day… do you remember what this ads tells you? I dont think so…i dont but then i am “retarded” hehe
Edna
Sep 20th, 2009
Surely that guy didn’t approve that photo? He looks like he just went a few rounds on one of Stroker’s beds.
This case is not about protecting creators’ rights, it about someone hoping to live like a rock star without actually working. The entire case is complete BS. For the yahoos cheering the case on; I’m anxious to see if you’re still cheering if it doesn’t get laughed out of court and LL ends up shutting down SL because this case sent them to bankruptcy.
Stroker – man up and get a real life f’ing job like the rest of us and let us enjoy Second Life unmolested by these annual frivolous events.
At0m0 Beerbaum
Sep 20th, 2009
Good, I hope this destroys SL.
I shall play a fiddle as it burns
Fake Ass Lawyer Smile
Sep 20th, 2009
That lawyer has got one of the most annoyingly fake and practiced lawyer smiles I’ve ever seen. I’ve got a hankering to slap it all over Motivated Photos with some choice comments. For that matter, let’s slap some pictures of Stroker up there as well and let him know what we think of the man who finished off Second Life.
You know, the best way to show your disapproval of Stroker’s actions is to boycott his products. Don’t visit his sims. Hand out LMs to all his competitors to everyone you can find. Cut his revenue off at the source. And while I can’t check for myself right now, I damn well hope that LL have closed all his sims down for “temporary maintenance” during this action. If I was being sued by one of my users, I’d damn well make sure he wasn’t paying for the court case from profits made by my services.
Troll
Sep 21st, 2009
Jumpman Lane is nothing more then a drunk meth addict troll living in his parents basement. I wonder what he would do if his pathetic SL porn magazine was being copied. I am positive he would be screaming bloody murder to the only friend he has, Zara Linden.
Trollie
Sep 22nd, 2009
Darien, in the end the “virtual world” you live in belongs to Linden Research. You are nothing but a tenant on their servers. When Linden goes bankrupt and shuts down the servers, where are you then? Rub the dust from your eyes, get out and enjoy some sunshine.
BTW, how is Stroker going to prove damages? No damages, no case.
KamberEdelson is a pretty small firm.
Sadako Shikami
Sep 25th, 2009
my shapes have been copied en masse and sold in other stores, mainly because i steadfastly continue to create modifiable shapes, so one can customize the faces and not end up with a cookie-cutter look. yet i still make sales. perhaps not as much as i used to, i haven’t really quantified it. perhaps if i made enough to make a real living, i’d quantify it in a hurry, i’d make no-mod shapes, etc. honestly, i get more satisfaction in seeing my work appreciated than anything else. “imitation is the sincerest form of flattery” and all that. why stress about it?
that being said, if Stroker makes tens of thousands of U$D on this goods, he has the right to retain a lawyer and sue for anything he wants to, because he can afford to
Jumpman Lane
Sep 27th, 2009
and Zara Linden would put her foot in somebodies ass whi’ ya bullshitting!
Bruce
Feb 27th, 2010
What a Joke. I agree LL should ban both of them for costing them money that could be better used providing the rest of us with a better service.
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