Strokerz Toyz/Eros LLC Takes Linden Lab to Court in Class Action Lawsuit!!!
by Alphaville Herald on 15/09/09 at 8:43 pm
Lawsuit seeks injunction against Linden Research to prevent intellectual property rights infringement in Second Life
by Pixeleen Mistral, National Affairs desk
Shannon Grei and Kevin Aldermann's Eros LLC have filed a complaint in US District Court in Northern California against Linden Reseach alleging "Linden Lab, with knowing and conscious intent to do so, profits in multiple ways and at multiple stages from the illegal conduct" and asks for an injunction to halt the activity. Eros LLC markets a line of sex animations for the virtual world of Second Life, and has built a successful business – but the accumulated frustrations with the weak enforcement of intellectual property rights on the part of Linden Lab seem to have reached the breaking point.
When the Herald contacted Stroker Serpentine for comment, Mr. Serpentine (Kevin Aldermann in real life) said, "This is not about financialgain. Seldom do class actions result in substantial class settlements.This is about a pattern of ambivelence over six years. We wantfundamental change in the regard to the very content and creators thatmade SL what it is today."
The complaint begins:
The illegal conduct alleged includes
Grei by reproducing and displaying her copyrighted works within Second Life, and by materially contributing to and supervising the infringing conduct of others within Second Life."
We will have much more on this breaking story once we finished reading the complaint – if Stroker is as successful with this legal action as he has been with legal actions in the past, the Lindens may have their hands full.
John
Mar 10th, 2010
That is provided that you even had a reputation that could be tarnished. Since when does a pornographer have a good reputation? They don’t, they are the scum and blight of society that people who do have good reputations look down on as trash. A pornographer worrying about their reputation? They should have thought about that before spreading their blight around society, their reputation as a good person ended the moment they contaminated society with their diseased material.
This court case was filed almost a year ago, why is it suddenly coming to light? Also how do you prove damages? Everyone is losing sales and not just from copy bot but mostly because the economy is bad and people do not have 20-30 USD to spend on a junk bed that will always remain the property of Linden Labs, Why? because you cannot take it with you.
This is an example of how you can sue anyone for anything. That is why the courts are over flowing with frivolous lawsuits. Who wins in these court cases? The lawyers always do.
Wayfinder
Mar 10th, 2010
John, while I agree with you that pornography is a blight on society, and while I agree that it would be hard for Stroker’s reputation to be tarnished any further… the point of the matter is that his items are copyrighted and regardless of our judgment of the man’s morals… he’s entitled to make his own decisions and he’s entitled to the same legal protection that is granted us all.
The main point here isn’t that this is Strokers and his porn empire (which I believe have done significant societal damage to the SL environment as a whole. Bring in the “red light” elements and any neighborhood goes to pot.) It’s that Strokers and Munchflower had the guts to take Linden Lab on head to head.
That is something a whole lot more of us should be doing. We should have done so over the OpenSpace sim bait and switch (which was allegedly criminal in action). We should have done so when they started stacking sims on server boxes after advertising that sims would be on stand-alone, dedicated servers. In truth, considering the scope of finances, Linden Lab should probably be sued every single time they lie to customers or break a business agreement with customers. Frankly, if people weren’t scared to death of Linden Lab dying right out, there would probably be a lot more lawsuits.
But I’ll say this… and it’s the same thing I’ve been saying on my blogs: the game Linden Lab is playing is a very dangerous one. They’re playing Russian Roulette, repeatedly, with their business and SL in the line of fire. All it will take is them ticking off the wrong person at the wrong time, or more likely, just mismanaging the system right into the ground… and we’ll see Second Life go the way of THERE.
The only thing I’ll have to say if/when that happens: their customers didn’t deserve it. Linden Lab most surely does. They’ve been warned and cautioned time and time again and after 2009 (the zero growth year) they have no excuse for ignorance or believing their management method is solid.
So while I may not personally like Strokers or what he stands for (I do like Munchflower and respect her capability as a businesswoman)… I will applaud both of them standing up to Linden Lab and smacking the company right in the forehead. My only regret is that I wasn’t provided the opportunity to be part of that “class action” lawsuit.
Jumpman Lane
Mar 10th, 2010
@wayfinder ur an idiot a prescedent is a principle, an essential that may be applied to various concretes i.e OTHER cases
@ stroker ur an idot , what you linked to wasnt a precedent but an EXAMPLE and like i told u time and again i could give a shit about courts civil or federal criminal court we can hash this all out in w/e venue u like, HUMP BOY looks like a federal crime to me, so does physically threatening me with violence on second citizens forums lol
as for a civil suit, you are thretening me with an admitted example of a frivilous lawsuit with your link. if you waste my time and a courts time, you will pay for that frivolity
do all you can do
sap
John
Mar 10th, 2010
Right and idiots like this who sue Linden Labs get what if they win? Some money from the judgement,(maybe) their lawyer gets paid ( He wins regardless of the outcome of the case in court) and the rest of us get what? The fall out from the courtcase. If stroker and munch have a problem with how Linden Labs conducts business, fine delete your accounts, sell or give up your sims, then leave Second Life and do business elsewhere.
If there are any negative actions or policy changes after this lawsuit, what is next? Suing the rest of the people in Second Life for refusing to business with them ( if anyone even is) for messing up things for the rest of us.
This whole circus is about one thing, stroker and much have lost sales because their product is no longer in demand.
Face it time marches on and your 15 minutes of fame ended years ago.
Digima
Mar 10th, 2010
“If stroker and munch have a problem with how Linden Labs conducts business, fine delete your accounts, sell or give up your sims, then leave Second Life and do business elsewhere.”
Yeah there is no 2 year service agreement locking them into SL like a cell phone.
You no like it in SL grab your sh*t and get. Leave the rest of us alone.
Stroker Serpentine
Mar 10th, 2010
Corsi:
How’s this? Better?
Carey Bock -now Carey Mendel Levine (who called herself a Katrina Victim according to her Press Release) not only sold her home 4 weeks prior Katrina – she attended her own deposition 4 months after Katrina and after her lawyer withdrew from her case – instead of finding a new lawyer – she got married for the 3rd or 4th time! Victim? You decide.
http://careybock.blogspot.com/
Understand that while there is no specific new legislation governing online defamation, common defamation law does extend itself to the online medium. Therefore, original content providers (like bloggers and writers) may be held accountable for their statements if proven defamatory.
http://www.ehow.com/how_2040829_learn-online-defamation-act.html
HumpBoy:
When my dog shits in the yard it makes the grass grow green and tall. Then the rain comes and washes it all away. When I mow, it all gets cut down to size, save a few dark shit stains.
No mowing today though, looks like rain. Sad really, because I really love my mower. It’s one of those self-propelled numbers. Practically does the lawn all by itself. Shit stains and all.
Rain/Mow/Rain/Mow..I think I’ll xeroscape!
John:
If you’re part of “the rest of us”, by your own non sequitur logic, you too have the right to leave if you don’t agree with radical policy changes. No?
Corsi Mousehold
Mar 10th, 2010
“and how I fought back in my new book”
You are discussing an article written from a biased opinion written by the plaintiff? Oh and where was she in those four weeks? Never discusses that. Did she get a new house? So yes. Your retort is documented by someone with a vested interest in the lawsuit.
When it comes to your personal suit I of course have to remain neutral. To express the neutrality I have to punch a hole into things and show their flaws. It’s my best position as the contradiction. I am quite good at debating.
In the end I am not trying to fight against you but if you are going to make an argument and show a precedent you need to have one that stands on more solid ground. No lawsuit that ends in default is ever looked on by future lawsuits. Thus no precedent is set by this. Do I think she was a victim? I don’t know. I don’t know all the facts.
In the end, the more you put yourself in the spotlight, the less right to file suit against someone. A precedent of that can be seen in just the supermarket tabloids. Bad things are spoken about the most famous of stars. But they can’t really sue those people now can they? And that defamation is 100 times worse than what you experienced.
Coupled with the fact that you already lost your rights to reconciliation when you put out the Hump Boy Lame sex toy and then handed it to me.
My advice for you right now is to sit back, stay quiet, and stop inviting the antagonizing. The more you make people look at you the more they will see the flaws.
Wayfinder
Mar 10th, 2010
@John: “Right and idiots like this who sue Linden Labs get what if they win? Some money from the judgement,(maybe) their lawyer gets paid ( He wins regardless of the outcome of the case in court) and the rest of us get what?”
I couldn’t agree more. One thing that bugs me about this whole thing is someone going to all that trouble, and then failing to nail Linden Lab’s hide to the flippin’ wall. It was totally their decision to make, but I think given the opportunity and wherewithal to do something like this… I’d make sure that Linden Lab learned a lesson that would not quickly be forgotten… and that would result in court-ordered stipulations of policy that the company would be bound to uphold. As it stands, and as you correctly point out… it just caused problems for the rest of us. Too little, too late… and not nearly enough “class action” for my taste.
Nevertheless, I still applaud their guts for doing it. They were the warning. Next time such happens to Linden Lab, they may find themselves facing down a dog that’s a little bit bigger than these two… one who doesn’t mind trashing their company for everything he can get. My feelings at that time: good riddance. Now let someone else do it right. A company that fails to learn, burns.
@Digima: (quoting someone else) ““If stroker and munch have a problem with how Linden Labs conducts business, fine delete your accounts, sell or give up your sims, then leave Second Life and do business elsewhere.””
I have seen this old, tired and GOOFY line of thought over and over again. Are people THAT out of touch with real life that I see this same stupid statement over and over again in SL blogs? “Love it or leave it”? You cannot be serious. Just take a moment to stop and THINK, will ya?
Second Life isn’t just a game. People make their LIVINGS here. They have an entire social complex here. In the case of Strokers… he’s a millionaire. Linden Lab didn’t do that for him. He did it through hard work and a bit of luck. He has professional business interest in this board. In addition, there are Federal legal issues involved which Linden Lab is required to uphold.
So let me get this straight: you’re actually telling people that if they have a disagreement with one aspect of Linden Lab operation, their best choice is to abandon all their friends on SL, shut down their million-dollar business, destroy all accomplishments and go elsewhere– rather than doing the logical and sensible thing and taking Linden Lab to court for what is criminally negligent activity?
Seriously, do you folks even think about what you post here? You do realize you’re going down on permanent record making these comments, right?
People just don’t THINK any more. I blame computer games. ;D
@ jumpman no ur an idiot an u cant rite with spellins n punctuation an stuff an an well that just wot you are whuh whuh whuh
(does my best “Dilbert dysfunctional cubopath” imitation)..
And this guy thinks he understands corporate law? LOL. I guess there are always people who have to occupy the lower digits in the IQ ratings. BAM! PWNED. Dude, you’re 6 chambers short in a battle of wits gunfight. Stop wasting your limited days on earth here and go volunteer to do something useful, somewhere. Trust me, you’ll get more enjoyment out of life than wasting your time on these blogs spouting useless drivel.
Speaking of which… time to get to my volunteer work for tonight… : )
Wayfinder
Mar 11th, 2010
@Stroker: Up-front, I don’t agree with your product line (just so it’s said). But what you do is your business and you products are a fairly predictable item on a board like SL. Not my place to judge what you do and those who are judging you, I recognize as missing the point of this whole thing. Doesn’t matter what you sell– your right to do so safely and without theft of product is the bottom line.
Overall, kudos to you and Munch for having the guts to take on LL. Wish you’d done a better job of it with a little more punch to the nose. ; ) As some have pointed out, part of the outcome of that suit was to open up a kettle of worms. That’s not necessarily your fault though. I think some of it is Linden Lab overreacting (as they tend to do) to sensible precautions and (as they tend to do) implementing knee-jerk, half-baked policy reactions rather than sensible, long-term ones. Like as not, their course will bring additional lawsuits. Just wait until they ban the first heavy-hitter for backing up his/her inventory to their hard drive.
Linden Lab is long past due being legally slammed upside their goofy heads. One thing that constantly amazes me is that they’ve gone as long as they have without someone kicking them right in the groin… then pulling a legal knife to finish off the job. That company has sure crossed more legal lines than I can shake a stick at. Sooner or later, they’re going to cross the wrong line with the wrong person. (I do take some interest in the fact that the time limit on filing suit for the OpenSpace bait and switch is not up yet. They may still yet reap consequences on that one.)
Regarding a couple of statements:
“Understand that while there is no specific new legislation governing online defamation, common defamation law does extend itself to the online medium. Therefore, original content providers (like bloggers and writers) may be held accountable for their statements if proven defamatory.”
This is something I’ve been trying to point out to people for years. Just because it’s Second Life doesn’t mean it’s immune to existing law. So yeah, you’re right. And contrary to an above statement, being a public figure absolutely does not negate liable and slander laws. Most public figures don’t sue because they just figure it’s not worth their time (or because they like ANY publicity)– but some HAVE sued and won major settlements as a result. Everyone has the right to protect their reputation from slanderers. A liar who intentionally defames another individual (ie, a “slanderer”) is imo one of the lowest life forms on the planet. There are laws with severe penalties to deal with such people. SL and the blogging community is not immune to those laws. Quite often, the only thing protecting some people is anonymity– which is why the cowards blog in the first place. If they had to do so under their real name… we’d see a lot fewer blogs. (For sure, *I* wouldn’t blog in my real name. LOL).
So yeah, you’re right. People tend to have the belief that because it’s a virtual world, real laws don’t apply. That’s about as naive as a person can get. So long as Linden Lab is stationed in the United States, they *and their users* are under the jurisdiction of United States law, no matter where the users physically reside (there are such things as intra-country jurisdictional agreements). If LL moved to another country, they would be bound by the laws of that country– and any business they conducted in the U.S. would be bound by U.S. law on penalty of being internet-blocked as a company.
People who fail to realize that and think they can get away with breaches of real law, sometimes find out they were very much mistaken. All they have to do is cross the wrong person.
Not to mention that some people have a cousin Guido who is quite capable of tracing down some pissant who’s harassing his relative online. Now I admit that doesn’t happen often… but it amazes me that fact of life doesn’t occur to more people. It’s a trait of internet users (and RL drama queens everywhere): they think they’re bullet-proof, right up to the point they see the gunpowder flash.
“When my dog shits in the yard it makes the grass grow green and tall. Then the rain comes and washes it all away. When I mow, it all gets cut down to size, save a few dark shit stains.”
Not to nitpick, but dog feces are unique in that they don’t contain proper nutrients. They actually “burn” the grass rather than feed it. The “stains” you see after mowing is because it’s actually killed out the grass underneath. ; )
Trivial and unimportant fine point, I know. Don’t ask me where I learned that fact… some biology class somewhere. LOL.
Jumpman Lane
Mar 11th, 2010
they keep erasin my shit.
@wayfinder u are an idiot and quite possibly a pubby. the herald has been quite clear in demostrating that IF stroker is a millionaire it aint caws he ACHIEVED anything and if stealin the intellectual property of Briggi Bard, Corsi Moushold and Mash Mandala then he’s a piker hehehehe. prancing around as a grammarian dont make ur iq higher than mine lmao. your’re the one who doesnt get the concept of essentials in epistemology i.e that a precedent is an essential and may be applied to other concretes (cases) . they callthat philosophy fool!
@ Stroker u nut job. i win everytime ‘wade into the fray” i dont know why they erased this but i REALLY do wanna see u in Khaki’s. in the special housing unit of some federal pen. try me. i’m sittin here thinking i can make that happen. silly me. pedos can’t make it in gen pop… so the movies say
Jumpman Lane
Mar 11th, 2010
and fuck you wayfinderlmao. i defy YOU or any one else to prove that
1. briggi bard scripted storkers beds and her scripts and anims are in sexgen beds to this day and that stroker shitted briggi out of monies. those anims are in sexgen CRAP to this day. THIS publication broke that story not me
2. ditto for corsi mousehold’s animations and mash mandala’s shower script
3. that this pattern of finding partners and not paying them in the end is Stroker’s established m.o. and eros llc’s business model
4. that land manager flunkies Chelsea Malibu and Cheergirl Allen stole redgrave skins
I would welcome being sued becuse then these would be established as the FACTS that they are in a court of law
as for that age play sex toy Hump Boy Lame, i personally think it could be proven in a civil courtto 12 saps who never played sl that it is a form of child pornography so shit sue me over that.
HOWEVER, understanding how FEDERAL criminal courst work i’m sure that convincing some FBI sap that it looks like pedo stuff.
Fed prosecutors all wanna run for congress or president. maybe Strokeris famous enough, maybe he is rich enough to have his assests seized, maybe he is tuff enuff to do his time on the yard. I unno. I do know this, worse that could happen to me is that these fine fed agents say look finecitizen it aint a crime
Wayfinder
Mar 11th, 2010
Jumpman, you sir, are an arrogant ass and unworthy of further response. I have neither time nor desire to debate with someone of grammar-school mentality.
See kids, what happens when you do too much drugs?
Geez, guy, you’re certifiable. Wonder if they have IGNORE THE TROLL buttons here? LOL
Dean
Mar 11th, 2010
Amazing..simply amazing. Every year Linden Labs find itself having to defend their company along with their customers, from negative exposure by the press.
We all saw the German Age-play scandal on the news and web, We had the U.S. Congressman offended by the rough sex club next to his campaign headquarters in Second Life, We had the gambling ban, Enter more negative exposure of the content within Second Life and we now have the adult content segregated on it own continent.
Now we are faced by the next scandal, Enter the once king of the adult world in Second Life and we watch as he begins to destroy what he built by taking away this safe harbor clause that allowed Linden Labs to look the other way.
This means now that Linden Labs is now responsible for every action that their customers commit within Second Life.
This makes Michael Lindens Idea of the next client base in Second Life being business people, educators, and students. A very understandable idea.
The Adult industry has more than likely cost Linden Labs more than they have made in profit, every time they end up having to defend themselves in court.
I myself suspect this is Serpentine’s last effort to make his own profit and a little fame before he leaves Second Life on his own.
At this point and time all we can do is speculate and hope for the best for the rest of us who are left holding the bag after this is all over and the dust settles.
Wayfinder
Mar 11th, 2010
Well Jumpman, for sure you’re the one to recognize plain and simple.
Stroker Serpentine
Mar 12th, 2010
To Jumpman Lane/ Martin Bane / et al,
You are hereby requested to make public your retraction of libelous defamation against Stroker Serpentine, Kevin Alderman and Eros, LLC. You are also requested to remove and/or retract all libelous and defamatory statements, threats and slanderous activities, postings and communications from all pertinent venues using the pseudonym “Jumpman Lane” and or “Martin Bane”.
Let this serve as your public notification in a forum that you frequent. A good faith effort to retract your documented harrassment, libel, defamation, cyberstalking and duress may preclude any further civil action.
Thank you in advance.
Kevin Alderman/ aka/ Stroker Serpentine.
CEO, Eros LLC.
Senban Babii
Mar 12th, 2010
http://www.dramabutton.com/
Stroker Serpentine
Mar 12th, 2010
Tell you what Senban, give me or your RL name and RL company and let me accuse you of creating child pornography and have all the search engines pick it up. Let me know how your drama button works then. Okay?
Jumpman..won’t be any gag order on this one. You crossed the line.
We’re going to play it right out in public. All the juicy details. Just like you have been begging for. Real life and all! Nut up or shut up!
Bubblesort Triskaidekaphobia
Mar 12th, 2010
“You are hereby requested to…”
LOL, isn’t that cute! Stroker thinks he’s a lawyer! More than that, he thinks people respect his legal stances, what a riot!
Seems to me he’s just a pedo business failure lookin to hustle a crooked buck off LL and everyone else he meets, and he’s not even any good at hustlin’.
What a tard.
Senban Babii
Mar 12th, 2010
@Stroker
“Tell you what Senban, give me or your RL name and RL company and let me accuse you of creating child pornography and have all the search engines pick it up. Let me know how your drama button works then. Okay?”
I was actually referring to the overall issue rather than you personally Mr Stroker. My free advice is to relax more, it’s better for your blood pressure
As a casual observer, I’d observe that in general we reap what we sow. You fuelled your own problems by creating that Hump Boy thing for example so you can’t really complain about the repercussions. It’s no good crying because frankly you’re all as bad as each other. You can easily get a grasp of that by reading the drama that flows between various individuals and groups in the comments of the Herald. Very few people can claim to be above the drama and you Mr Serpentine can’t claim to hold the high ground when you’re creating effigies and posting them on websites like XstreetSL and Facebook or handing them out in-world and so forth.
See, this is what killed SL. It wasn’t copybot, it wasn’t griefers. It wasn’t even the JLU (although I’m willing to bet they had a hand in it 8P j/k). It was people threatening to throw down with lawsuits and DMCA takedowns at the drop of a hat. You all gave in to greed, self-importance and the aggregation of personal power. The Lindens gave us a world to make our own and as such that world didn’t reflect previous generations. We were the first generation so to speak so the world reflected only us. That’s why SL is dying. Oh something will continue once SL is dead, some kind of corporate shopping mall with confused memories of a former life, but it won’t be SL. Great job people.
Stroker Serpentine
Mar 12th, 2010
Yep, and we’re about to have another very high profile age-play, child pornography lawsuit. You can thank your pal Jumpman Lane for that. I took the high ground for six months. I even sat on my hands when Linden Lab refused to act of a KKK-style burning effigy of me with my avatar name clearly attached to it. So, when I get fed up with having my RL company accused of content theft, have my wife called a crackwhore skank bitch, when I am fed up with having my RL wiki page edited 150 times, I retailiate with a parody that send poor lil Jumpy butthurt to the lindens. So guess what. I really don’t give a shit what any of you think. I will not sit and let this idiot call me a child pornographer all over the web and have every search engine pick it up and cache it.. I’ll burn SL to the ground with him in it.
Senban Babii
Mar 12th, 2010
@Stroker
“You can thank your pal Jumpman Lane for that”
Well although I’ve spoken a few words a handful of times to Jumpman Lane, I don’t think that qualifies him as my “pal”. He’s someone I’m vaguely aware of, as are most of the people I’ve heard of through say the Herald comments section and so on. I have no strong feelings or opinions one way or another regarding Jumpman Lane.
“So guess what. I really don’t give a shit what any of you think….I’ll burn SL to the ground with him in it.”
So really what you’re saying is that your actions are motivated not by justice but by revenge and that you don’t care who gets hurt in the process? So would you say therefore that your lawsuit is not about protection of intellectual property but that it would be fairer to say it was about personal revenge? I mean that’s what you seem to be implying here, I’m asking purely for clarification you understand?
I wish I was important enough to have my own Wikipedia page…..
Stroker Serpentine
Mar 12th, 2010
Clarification: I am the owner of a Florida corporation that specializes in adult game development. Any accusations of pedophilia, ageplay, kiddie porn or child pornography have to be dealt with quickly and decisively before it is spread to the entire web. Full stop.
Enban, I apologize for the “pal” reference. Obviously I am upset. I have stated my case, I have publically made a request for retraction on attorneys advice.
This is my motivation. I will be in business long after Second Life fades into obscurity. I will fight for my company and my career.
If nameless, faceless icons want to attack my character, motivations or intent, have at it. Threaten my livelyhood and I’ll see you in court.
The state of Florida takes online defamation and cyberstalking very seriously.
Darien Caldwell
Mar 12th, 2010
I happened to see Jumpman’s website yesterday, and for anyone who knows Jumpman and the mutual dislike of Jumpman and Stroker, it is pretty clear Jumpman is just butt-hurt over Stroker’s parody item of Jumpman.
But to someone who has no prior knowledge of any of this, it might actaully appear Jumpman is telling the truth. And that is where it falls into libel. Jumpman knows full well the item has nothing to do with child porn, so it is a deliberate attempt to mislead the public.
Adric Antfarm
Mar 12th, 2010
I am so using “butt-hurt” in a conversation today.
Thanks Darien
Wayfinder
Mar 12th, 2010
First off, I’m taking no sides in this. I’m a casual observer, viewing things from the sidelines. I have no more respect for Stroker’s business than anyone else… but I do acknowledge his right to conduct business within the legal purview of United States Law.
That said, I think it’s obvious to anyone with two working brain cells and reading these blogs regularly, that Jumpman is a class a jerk with zero respect for anyone. He strikes me (and likely most here) as a troll who spouts the first thing that comes to his twisted mentality. He respects no one else’s opinion, everyone who disagrees with him is an “idiot” (or worse). His spelling and grammar are second-grade moronic (intentional or not, I have no idea), and he couldn’t write a sensible, non-attacking, objective post if someone held a gun to his head and demanded such. Bottom line, the guy’s a troll.
What we see above is a person who got tired of it and has the legal knowledge and clout to do something about it. That is something I’ve warned people about for years, and that Senban mentioned above: there are consequences for actions. We reap what we sow.
Now some people think because this is the net, they can hide behind anonymity and just do / say whatever they want. While in most instances that’s the case, it is a game of Russian Roulette, betting they won’t click on the wrong chamber. Because, as we see above, if they happen to tick off the wrong person, there can be very real life repercussions.
Right or wrong, Strokers just issued “Jumpman” a legal warning. Once that warning has been issued, it has to be understood that legally, neither Jumpman NOR THIS BLOGSITE is immune to prosecution. That’s what people need to realize: the web is NOT immune to real life law.
Consider the concept of “Safe Harbor”. Such laws only apply so far as the owner of a website is unaware of criminal content. ONCE THE OWNER HAS BEEN MADE AWARE… Safe Harbor ends. He can choose to leave the content (if he believes he is legally in the clear) or he can remove the content that has been identified as slanderous (thus, criminal in action).
The point being made is that we’re witnessing here a very real life situation that can have very real legal implications, not only to Jumpman but to the Herald as well. Time to wake up and get a reality check folks. Everyone is entitled to his/her opinion. We’re even entitled to a bit of good-natured jabs so long as it’s obvious satire. Jumpman’s posts are by no means “obvious satire”. Harassing others (trolling) is against FEDERAL computer hate crime laws (yes, that’s a relatively new situation everyone. SURPRISE!) and published libel has been illegal since dinosaurs walked the land.
Welcome to real life people.
Again, I’m taking no sides. I’m not soapboxing nor preaching to the choir. Just kind of pointing out the obvious that any sensible person should have been aware of already: If a person uses the net to harass someone, s/he IS legally accountable. If that person thinks s/he can’t be tracked down by authorities once a legal suit is filed… BWAHAHAHAHAaaaaaa…. boy have they got a nasty surprise coming.
Stating an opinion is one thing. Outright slander (which is exacerbated by using intentional hate speech) is legally prosecutable. I mean, Duh.
Scylla Rhiadra
Mar 12th, 2010
Stroker, you are trying very hard here to assume the mantle of the consummate business professional; I can almost imagine you preening in your three-piece in front of your computer screen. It probably feels like an easy act to pull off when your main opposition is from Jumpman.
You claim, additionally, to have taken the high road in this dispute. I’m not going to suggest that you don’t have good reason to be annoyed with Jumpman; although I have not seen all of the personal attacks upon you and your family that you recount here, I’m willing to take your word that they exist.
However, given your marketing of the Humpman Lame “toy,” the facade of mature professional and aggrieved family man is wearing a little thin.
Humpman Lane is the kind of response one might expect from middle-schooler; it’s puerile, vulgar, and moronic. It is, in fact, nothing more than a high-tech version of crass and sophomoric bathroom scrawl. Moreover, it is highly offensive: sorry, but I don’t find an invitation to anally rape someone very funny.
You want to earn respect, and be truly accepted as the “mature” party in this dispute? Distance yourself, publicly from this idiotic and offensive item, and do what you can to have it removed in-world.
Demonstrating that you actually ARE above the tactics and juvenile behaviour of Jumpy would have gone a lot farther to make your case than your carefully scripted and measured language here, which does not in any case sound very convincing from a man whose most public response has been the equivalent of scratching “F U JUMPY” on a toilet stall.
Bubblesort Triskaidekaphobia
Mar 12th, 2010
I’d go into all the reasons why that sex toy could be used for age play, I could even go into reasons why I think stroker made a lot of money off of age play, but I won’t. Instead, I’ll just observe that almost everybody in this discussion, including me, is being a huge lulzcow. I’m not even sure who the greifer or troll is anymore.
Stroker obviously has some toxic immersion or toxic augmentation problems. Stroker said, “I’ll burn SL to the ground with him in it.” Seriously, Stroker? WTF? I’m no lawyer, but if you want to be seriously litigious you probably shouldn’t make statements like that. It sounds to me like you are threatening both Jumpy and Linden Labs with assault and arson. Jumpy would probably be well within his rights to call the cops and file criminal charges on you over that.
This is why I can’t take Stroker seriously. He’s obviously a troll who threatens suits but has no lawyer to back him up. If he does have a lawyer he needs a new one that will advise him on what kinds of things hurt him in court.
@Stroker: If you really are as great as you seem to think you are then make a product that sells. You can’t make one thing and then expect to make money off it forever. Competition comes in and erodes your margins. That’s how business works (read some Warren Buffet if you doubt me). Either keep producing new stuff and compete or if you can’t do that then just shut up and go bankrupt already. SL already has too many whiny merchants who can’t compete (I think RedTail Magic is the most recently covered whiny uncompetitive merchant in the Herald). With all the new viewer features coming out I find it hard to believe that people can’t come up with a new product and be ahead of the curve when the SL 2.0 features become standard.
For example, you could make a sex bed with a video feed on it. No, you can’t patent that idea. I just now came up with it and wrote about it here, so anybody can use it now. Go come up with your own idea if you can. If you can’t then maybe Jumpy was right when he reported that you can’t code.
Jumpman Lane
Mar 12th, 2010
heheheh HI Stroke!
I’m sending u an notecard inworld concerning ur request for a retraction. Don’t think ur gonna like it. See here, YOU decided to make the Hump BOY Lame sex toy. My stance is this. YOU should have called it Hump MAN. You should have made it larger with respect to your own avi if you chose to take pix of it, sodomizing it. You should not have reffered to it as ‘boy’ or ‘boy toy’ in your ad copy fori t on xstreet. Such things make it fit the criteria LL sets for age play. Their removalof it from Xstreet suports the premise that Hump Boy Lame is an age play sex toy. i believe that that logic of that can be defended in a court of law. If htis damages your company it is your own fault.
As for cyberstalking, your suing of Linden Research is NEWS which has been covered in widely in the RL and SL press. Slut Magazine is an SL press organ. Doing stories on you and your company does not constitute cyberstalking. All our statements in other venues have been to promote Slut magazine as everyone well knows LOL.We believe this can be successfully defended in a court of law.
You would burn SL to the ground? I KNEW THAT FROM THE START. So much for being a champion of content creators rights.
As for MY rights, I and Slut Magazine will fight you if sued, as we will not allow your threats of suing and rl disclosure or your frivilous use of the courts and the libel laws of this country to abrigate our first amendment right of free speech as individuals and as the press. This is an area of internet law that has not been completely explored and we all know how you love to shape internet law.
your pal,
Jumpman Lane
Digima
Mar 12th, 2010
There we go right out of the horses mouth. This is not about lost sales, this is about a big baby not liking how the other children are playing so he is going to take his ball and go home.
What an idiot! so you would want to try to destroy SL for the rest of us before you leave? You are not some caped crusader trying to help any one. Just a bitter broken down old man with an Axe to grind.
Personally I think both Jumpman and Stroker are in the same boat with their parodies of each other.
I also saw the humpboy sex toy and it could be perceived as child pornography.
Stroker, Corsi couldn’t have said it better
“My advice for you right now is to sit back, stay quiet, and stop inviting the antagonizing. The more you make people look at you the more they will see the flaws.”
In other words, go lay down old man and leave SL alone for the rest of us and move on with what ever pathetic life you are living
Jumpman Lane
Mar 12th, 2010
“He will be DAMN LUCKY if it’s a process
server that shows up at his door in the
coming days. No one gets an anonymous
license to fuck with my family and welfare. ”
-Stroke Serpentine
http://www.secondcitizen.net/Forum/showthread.php?t=5145
heheheh isnt that a CRIME?
I’m ya huckleberry
I fixed a Wikipedia article lmao (it isnt YOURS) any one can edit wikipedia i did u a fav
@digima AMEN
@bubble spot on
“I’ll burn SL to the ground with him in it.”
- Stroket Serpentine
such a comment IN the article ABOUT your suit with Linden Reserach, 4 shame 4 sure
I PREDICT this will end quite messily!
hehehehehe
Stroker Serpentine
Mar 12th, 2010
The face of obsession. Starting in November of last year, through a Linden sanctioned 10 page libel-fest and culminating with a KKK effigy.
Scylla, you want evidence? Here you go:
http://www.flickr.com/photos/51358983@N00/sets/72157623481368033/
Jake
Mar 12th, 2010
Yanno, you all are a piece of work. Those of you who live secondlife for money, identity, or whatever… how pathetic it is to live to grief, report, or make a living off a computer game that some geeks in silicon valley thought up, and could just as easily walk away from if it gets to bothersome? Some of these posters have it right: If these lawsuits and such get too nasty, SL could very well shut down, and as a result, the 99.9% of the residents who just log in to play, build, fantasize, or otherwise take a break from the real world will be the losers.
I won’t be ‘messy’ for anyone except for the .1% who are involved in the lawsuits, who ridiculously thought that SL would be a good way to make money, or who will otherwise have to find another low-stakes internet arena to make themselves feel important. For the rest of us, it will be sad for a while, and then we will find some other hobby.
Jumpman Lane
Mar 12th, 2010
We call it NEWS, Serpentine. We stand by that. Ever since THIS Herald article broke you’ve become quite topical.
You dont like our editorial stance. Tuff cookies. WE never liked your desire to burn SL to the ground (or One Jump Lane either hehehe). DO all you can do!
Jumpman Lane
Mar 12th, 2010
oh gawd i’m being stalked worse. the mullet has created a database of crap on me on flicker like that kalel venkman lmao
http://www.flickr.com/photos/51358983@N00/sets/72157623481368033/
most of it proves my points.
he ared me a lot too
Jake
Mar 12th, 2010
(wonders if Jumpman saw the part about needing to find another place to feel like they are important)
Jumpman Lane
Mar 12th, 2010
@jake save that rp shit for when uneed it most lmao!
Jake
Mar 12th, 2010
ah yes… contempt for “rp shit” .. .which is exactly what SL is supposed to be for…. perfect! I better get serious, and start addressing these issues like you do, as if they actually matter. Much better to wrap your whole sense of identity and self worth around a computer game that has zero actual consequences, unless you put yourself in that position yourself, like you and this strokerz guy have apparently done.
back to work for me. You guys are better then Jerry Springer. Have fun!
Jumpman Lane
Mar 12th, 2010
YOU don’t decide what sl is for. you can play sl however u want. YOU can rp a turd and flush urslef. i’ll play it as an embattled ezine publisher about to be dragged into court by a sap lmao!
Scylla Rhiadra
Mar 12th, 2010
Stroker, I didn’t say I required evidence — and showing me pages from a blog thread in which I was myself a participant hardly adds much to the conversation anyway.
What I did say was that you could demonstrate that you are “above” Jumpman by taking the higher ground on the Humpboy Lame thing. A public disavowal of and apology for THAT would go much further than anything you can say here to convince me and quite a few others that you ARE the aggrieved party here, and not just one of two overgrown prepubescents hurling crude insults at each other.
If this ever does end up in a real court, aren’t you going to feel embarrassed as hell about Humpboy when it’s trundled out as evidence in front of real adults? It amazes me you aren’t squirming with embarrassment about it now.
Coke Supply
Mar 12th, 2010
@Bubblesort Triskaidekaphobia
You said…
“Either keep producing new stuff and compete or if you can’t do that then just shut up and go bankrupt already. SL already has too many whiny merchants who can’t compete (I think RedTail Magic is the most recently covered whiny uncompetitive merchant in the Herald).”
That bike, Bubbles, won 6 out of 7 competitions in 2009 as being one of the best bikes in SL and was a collaborative work that several professional and leading sculpty artists contributed towards, and was stolen by a common thief. And for your information, he didn’t whine about the theft – he filed a DMCA. And won.
So, may I suggest that you actually read the Herald articles before you comment on them? If you did, you might not look so… well… wrong.
Dean
Mar 12th, 2010
These two are funnier than Bud Abbott and Lou Costello.
jake
Mar 12th, 2010
jumpman, so you say thing that your “rp shit” is to be an “embattled ezine publisher about to be dragged into court by a sap.” Fair enough! although if your version “rp shit” actually DID land you in court, i wonder who the “sap” really is? Actually, on second thought, the tax payer would be that sap, if we ended up having to spend any of our money on you and strokerz and your playground tantrums and cries for attention.
Burn it
Mar 12th, 2010
Burn it to the ground!
In the immortal words of Beavis – “Fire Fire Burn Fire Cornhole”
If and\or when these two anti-social perverts burn SL to the ground, what will they do? When no more beds are left to pound pixels on and no more transvestite avatars are around to have cybersex with and take screenshots of for silly e-zines that nobody will ever read, what will Stroker and Jumpboy do? Will they find a new game full of perverts to exploit for fake internet dollars?
Either way “IF” second life is shut down because both jumpboy and stroker, have with thier lies, scams, and pornographic filth infected the grid, the forums, and the blogs, then it is Linden Lab’s own fault for not stepping in and protecting it’s users from the few.
Wayfinder
Mar 12th, 2010
Folks, just as a note: it should be very obvious from his posts above that Jumpman shows all the signs of being a psychotic nutcase. Literally. So my advice (as if it’s really needed LOL), let him and Strokers go at it tooth and nail. I doubt it will affect Second Life much. And it just might have the advantage of teaching Jumpman a life-lesson, namely, he’s not as bullet-proof as he thinks he is.
Seriously, anyone mentally unbalanced enough to thinks a potential slander suit is funny, is about 60 cards short of a full deck, no matter what he thinks about the opposition. Strokers has already proved beyond doubt that he knows how to kick in the attorneys. If Jumpman is totally blind to that fact hey… let him learn the hard way. LOL. Let’s see if he’s still laughing when Strokers is through with him, and he’s facing not only civil but these days– criminal charges. (Yes, computer harassment and slander is now a crime, with jail time even. Surprise!).
No telling how it will come out or if Strokers will even follow through… but I would love to be a fly on the wall when the sheriff and process server comes knocking on Jumpan’s door to take his computer as evidence. LOL.
Personally, I’ve been waiting for ages to see a troll tick off exactly the wrong person. ;D
Jumpman Lane
Mar 13th, 2010
@Wayfinder Jumpy aint scared to do time. All that shit you name dont frighten me. We’ll take our chances in a court room. stuff like that scares lil bitches like you hehehehehe
Wayfinder
Mar 13th, 2010
BTW, side note. A bit of a difference between Strokers and Jumpan: I’ve already said several times that I have no respect for Stroker’s line of business. I didn’t see him getting in my face and insulting me. I didn’t even address Jumpan directly and the first thing he did was call me (and about a half dozen other people on here) idiots (and worse).
I’m not defending Strokers at all. All I know is that HE didn’t get in my face just because my opinion doesn’t agree with his. I don’t respect his business, but I respect his right by law to conduct business as he sees fit. He may not respect my opinion about his business, but I’m pretty sure he respects my right to state that opinion.
Jumpman on the other hand, respects no one, and anyone who disagrees in any way with his omniscient opinion is instantly an idiot. LOL. Any questions about stability and balance there? ; )
Like I said, I’m not taking sides AT ALL. But I’m have no difficulty discerning between “different opinion” and “abusive self-centered nut-job”.
Just sayin’. : )
Wayfinder
Mar 13th, 2010
@Jumpman: Glad you’re not scared. Let’s see how you feel when you’re bunking with Bubba on a nickle and he thinks you’re cute…
Big talk little man.
Jumpman Lane
Mar 13th, 2010
@wayfinder i dont respect you and YOU ARE an idiot wondering why LL didnt respond to ur BRILLIANT idea to arbitrate disputes for em.
Plus ur a coward if your afraid of figments of your imagination named Bubba and let that guide your actions. Wherever ya at ur either the boss or the bitch. Guess Bubba would dip your tighty whities in pink Kool-ade and have ya dancin around with a mop on ya head lmao, Bitch!
I got balls like bowlin balls. I am Lane!
Wayfinder
Mar 13th, 2010
LOL you’re an arrogant jerk. Stupid does not equal balls. LOL
Jumpman Lane
Mar 13th, 2010
Our OFFICIAL RESPONSE
Say Stroke…in regards to your legalese request:
I’m assuming this comes from our take on your Hump Boy Lame being child pornographic in nature. Well, we’ve spelled out position on that in what we call our Extra edition of 11 March 2010.
1. The Hump Boy Lame Sex Toy fits the criteria set by Linden Lab in determining what is and is not age-play. Whether you intended it or not, by naming it Hump BOY and not Hump MAN, making it smallish in size with repsect to your own avatar when you sodomized it in advertizments on Xstreet and Slapt, and referencing it as a “boy” and a “boy toy” in written copy YOU left yourself open to claims of it being an age-play sex toy and kiddie porn. Linden Lab’s removal of the item from Xstreet after multiple abuse reports and telephone calls to Linden Lab supports this conclusion. If this damages your company YOU did the damage. We will not retract any statemnts in connection to this.
As for statments in various venues that your wife is crusty and a crack head of some kind, this is our stance:
1. Yes, I wrote that your wife was crusty. That is an opinion. It has been removed by Linden Lab when they changed their forums. The statement MIGHT return when they create their archives of the old forum. However, we both know that I cannot issue a retaction on the SL Forums to the effect that Stroker Serpentine’s wife it not crusty without facing disciplinary action from Linden Lab. I cannot make any form of retraction in that venue directly referencing you at all. Anyways , its an opinion and we stand by it.
2. Calling your wife a crackhead on twitter, is a statement too ridiculous for anyone to credit, unless she smokes crack. Admit that she is a drug addict and we will publicly retract our statments. However, being utterly uncredible in nature, we submit that such statments are completely defensible.
Concerning, the model, means and methodolgies of Eros LLC we submit the following:
1. It’s easliy and resonably proven true that Briggi Bard, Corsi Mousehold, etc etc were cheated in the creation and sale of SexGen(R) items; OR that it could be concluded as true. Slut Magazine did not break that story. This story appeared years ago in multiple press organs. We stand by these statements.
2. Cheergirl Allen not only told me but demonstrated how she and Chelsea Malibu used the gl intercept to steal content created by Emilia Redgrave. Chelsea and Cheergirl are Eros associates of yours. We stand by these statements.
With respect to cyberstalking, we submit that you have sought a measure of fame in Second Life and in the first one. Your suing of Linden Research is news in both worlds. We are a press organ (Slut Magazine); and, in continuing to do stories on you, we are presenting the news. IF you do not like the exposure or our editorial stance, we can not help that. Yet, it is news. All of our other statments in other venues are all to drive people back to slutmaginc.com and our magazine.
In all good faith, I can not think of any statements etc that I should retract. Perhaps, you could enumerate them and the venues of such statments, so that I might consider retracting them. PERSONALLY, I don’t care if you sue me. I believe it would be a great thing for Slut Magazine. I think it would be a great thing for internet law. You have a long and litigious history. You have sued or threatened to sue many to achieve your goals. We, Slut Magazine will not be cowed by your improper use of the libel laws of this country to censor us. We stand on our right of freedom of speech in this matter. If you believe you can sue and prove you have been defamed, harrassed etc etc. DO all you can do.
At this time, I retract nothing.
your pal,
Jumpman Lane