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:

"Plaintiffs Eros, LLC (“Eros”) and Shannon Grei, d/b/a Nomine (“Grei”) (collectively, “Plaintiffs”), bring this class action complaint against Defendants Linden Research, Inc. and Linden Research International, Inc. (collectively, “Linden Lab” or “Defendant”), headquartered in San Francisco, California, for its practice of violating the real-world intellectual property rights of proprietors of virtual content within the Second Life virtual world (“Second Life”), which Linden Lab owns and operates."

The illegal conduct alleged includes

"directly and secondarily violated the intellectual property rights of Plaintiffs and other Second Life proprietors.  Linden Lab directly and secondarily infringes the trademark of Plaintiff Eros by using Eros’s mark to sell infringing virtual goods within Second Life and by providing the tools to other infringing Second Life users.  Linden Lab directly and secondarily violates the copyrights of Plaintiff
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.

204 Responses to “Strokerz Toyz/Eros LLC Takes Linden Lab to Court in Class Action Lawsuit!!!”

  1. Jumpman Lane

    Mar 15th, 2010

    @bubble We feel there’s no such thing as over-exposure. we welcome the opportunity to meet these threats of frivilous lawsuits in a court of law, where we may have these matters properly adjudicated by actual legal minds.

    we origionally supported stroker in his suit against LL for all of a 5 minutes, till we realized we had much provable insights into the case and activities of one stroker serpentine.

    being sued wouldn’t be the worst thing in the world. Stroker’s attempts here are to use the defamation laws to chill our first amendment rights of free speech and as the press.

    we’re a press organ. we published TRUE (and proveable) stories.
    Humpboy Lane’s charactorization as an age play sex toy depends upon the standard LL established for identifing such things, not necessarily the objects removal from xstreet.

    overall we feel confident of our position. we will meet these charges face on.

    hehehehe we recognize that asking for a puclic retaction is prelude to such legal action. But, if you want a serious public retraction you better get to enumerating exactly what you consider defaming. emailing me screen shots of your abuse reports to Linden labs, Stories by the Aphaville Herald NOT AUTHORED BY ME etc, etc are not a good faith request for a retraction.

    these are things we have evidene for and/or believe are completely definsible at this time

    1. Corsi Mousehold’s and Briggi Bard’s content is being used by you in objects you were selling at the time of our reportage against their will and wishes. If you can produce any evidece that you have the right to Mousehold’s anims or Bard’s scripts OF COURSE we will retract the statment (in a big giant slut mag article, bet that, just as we retracted and corrected the statments that Bard coined the name SexGen which wefound wasnt true when we interviwed her).
    barring that we offer no retraction of that at this time

    2. Humpboy Lame fits LL’s critera for identifying age-play. Specifically with respect to size of your avi in photographs sodomizing it and the use of the word’s ‘boy’ and ‘boy toy’ in the ad copy. Perhaps if you could have some representative of Linden Lab to officially contact me stating that HumpBoy Lame in no way meets their standard of an age play object. We will retract it. Otherwise we feel the statements Humpboy Lame is an age play sex toy crreated by Stroker Serpentine. We stand by it.

  2. eye rolling

    Mar 15th, 2010

    pornography in any form is “disturbing”. The adult industry poisons society in both R life and S Life.
    The two above (Jumpman and Strokerz) is a perfect example of the type of mentalities of the people who work in this industry.

    L Labs should ban the whole lot of them from S Life before its reputation is completely destroyed. Adult Content belongs in one place, the dumpster out back along with the people involved with it.

  3. Jumpman Lane

    Mar 15th, 2010

    @second life garner The man behind the avi Jumpman Lane has been linked to far worse than slut magazine. hehehehe.

    you’ll see when he sues me. Jumpy aint a innanet tuff guy! Jumpy a thug! striaght up menace to society. why you scared to go outside at night!

  4. Muziekfreak1980 miles

    Mar 15th, 2010


    Look that you hate nice pair of tits and nice shaven pussy after a good steak. Do not blame that on the rest of the world..

    What A BS you put out man, The adult industry in sl is something that BOTH RL AND SL SELLS LIKE oreos in the 7eleven. Why put a stop to that? Because you read a story of two “powerfull” men that bitch about there so called (virtual) rights..

    Common get over it, Sl is allready dying, do you actually believe that the 10thousands of members it has are all valid?

    The do not condone me to traffic, but in the meantime the boost there own numbers by letting the pathetic ppl create alts “because the need it, the need to hide for some punkass ex”

    Do those ppl even know how stupid that sounds!! LL sucks on more thing i do agree so far this is one of the many things that bugs me.
    But lets see what happens here because jumpman is more and more talking like a child atm (provoking like one sorry)

    And Stroker, keeps on being a stuckup by almost preaching entire essays about how it is and should be.

    Again reminder, you both signed up to a TOS that is in effect. Nobody forces you to read blogs,or come onto sites, or logging to sl, or even to become a member of it.

    You all did that yourself, now i do wonder because LL is not stupid either. Plus i agree with the above comment here WELL PUT!!! Page back. about why Stroker even reacts, this can work all against you by keep on reacting.

    Not to mention it is not proffi…

    But heeij im used to this bs now so please do continue…:))

  5. eye rolling

    Mar 15th, 2010

    “The two above (Jumpman and Strokerz) is a perfect example of the type of mentalities of the people who work in this industry.”

    Point made.

    “Jumpy a thug! striaght up menace to society. why you scared to go outside at night!”

  6. Coke Supply

    Mar 15th, 2010

    @ Edna,

    You make a good point, but sometime in the future, probably within 10 years, you won’t be able to tell the difference between the two o.0

  7. Coke Supply

    Mar 15th, 2010

    @ eye rolling

    Your position on porn disturbs me – as much as you find it distasteful, why not adopt a “live and let live” attitude? I might not approve of the things that YOU do, but I would not suggest that you belong in a dumpster because of it. I’m glad you aren’t a politician, you little Nazi !!!!

  8. Senban Babii

    Mar 15th, 2010

    I call Godwin’s Law 8D

  9. Casual Observer

    Mar 15th, 2010

    The two above (Jumpman and Strokerz) is a perfect example of the type of mentalities of the people who work in this industry.

    Point made”

    What point have you made?
    Do you know anyone in the pron industry? Can you give other examples of similar mentalities of people in the poirn industry?

    What do *you* know about anything in that industry? and why, if you hate the industry so much?

    I personally dont think that either of these two are representative of people in the porn industry, in any way shape or form. Im saying that, knowing a good number of people in that line of work.

    And if you can be seen as an example of someone who is not in the porn industry, I’d say, put everyone who likes it PG in that dumpster outside, because nobody likes a prick who think he can tell others what they should or shouldnt do.

    Im glad that’s not the case however, people like you are a very vocal and annoying, but small part of the community.

  10. Jumpman Lane

    Mar 15th, 2010

    @coke here here! mt take too

  11. RLV User

    Mar 15th, 2010

    Umm if the Lindens are going to make us use just the new 2.0 viewer now because of this lawsuit, who is going to pay the people back who have invested money in RLV products? Are you strokerz? Maybe everyone affected by strokerz lawsuit should sue him for lost money and other damages,Or are you claiming ownership of that too? Leave it to one azzhole to ruin it for the rest.

  12. Robert

    Mar 15th, 2010

    agreed Coke Supply….god I tire of moral conservatives…@ eye rolling you dont like SL sex…dont look at it or be a part of it…what are you even doing commenting here…and btw I am sure there are lots of things in your life that people could be critical about, but we choose not to get involved…you dont like internet porn…fine, dont watch it, but dont try to ruin everybody else’s fun…imo, the most destructive thing in our current climate is self righteous moral conservatives who want to dictate how all others should live…they make me just as sick as porn apparently makes them….the difference is that I dont feel I have the right to tell them what to do, but they feel they have the right to tell me…well I say screw off, and mind your own business….thats you eyerolling.

  13. Velvet Bikcin

    Mar 15th, 2010

    @eyes rolling

    I don’t like porn in SL or RL either. I don’t look for it, therefore I don’t see it. If other people get their jollies watching cartoon characters having sex, c’est la vie, neither you nor I have to have anything to do with it.

    I’m coming up on my 3rd anniversary inworld, and I’m pretty sure it’s been a couple of years since I’ve seen any nudity inworld. If you don’t look for it, you won’t find it.

  14. Coke Supply

    Mar 15th, 2010

    @ Robert

    I could not have said it better! I’m sure these kinds of people are aware of this viewpoint so why the hell say the crap they say?! Hitler would be proud lol

  15. Edna

    Mar 15th, 2010

    I just laugh at comments like Eyes rolling’s nonsense statement.

    Look at the news over the past few years. I don’t see any reports of guys running out and harming people right after blowing a nut to the latest edition of Hustler. On the other hand, how many stories have we seen in the last few years about the vocal opponents of porn repeatedly raping people they’ve got locked up in their basement or in tents in their backyard? How anti-porn, anti-gay, anti-everything right wing, radical religious extremists in congress have had to resign for cheating on their wives through gay sex with young pages, and in public toilets?

    History has shown us that the biggest perverts among us are the ones who scream loudest about the “dangers of porn”.

  16. Hoett

    Mar 16th, 2010

    “Hitler would be proud”
    Another brainwashed mind to believe the Six million lies propaganda.
    History is written by the victors.

  17. Muziekfreak1980 miles

    Mar 16th, 2010

    OMG i so hate that, now its becoming a religions cheerleading club all together.

    Stop right here and focus ontopic please!

  18. LOL

    Mar 16th, 2010

    Hahaha, I was waiting for Cokehead to start with the Hitler comments, that train is Never late! even brought a few hater friends along I see! Now that your hitler train has come and gone, will you make a 10 part comic strip regarding DMCA? Perhaps that would raise your profile just like it did after you copybotted James Cameron and H.R. Giger’s Trademarked and Copywritten Design. I actually bumbped into it today, and apon inspecting it, I noticed all prims were created by you in the span of 18 seconds.

    Perhaps your next comic could be 1 of Humpboy Lame and the Burning stroker getting it on at Linden Village!

  19. Danziel Lane

    Mar 16th, 2010

    “Stop right here and focus ontopic please!”

    Will not happen. As Godwin’s Law states, the discussion stops when it comes to Hitler and Nazi.

    Discussions become jokes at that point, and jokes become boring nonsense and there is no need to read on.

    Too bad that even the Herald is not safe, when it comes to commenters that simply want to spoil a discussion, no matter if it’s a useful discussion or not.

  20. Muziekfreak1980 miles

    Mar 16th, 2010


    She never made a secret out of the fact she used a mirrorscript to create the Alien avatar. There you have the explination for the 18 seconds timestamp.

    Then like most, you manage to start over the fact “You copied from H.r. Giger” yah well seen the fact Giger created ART and does not bother over stupid ass pixles like we do here.
    But ok i give you props here in reality your right on the money.

    But sadly put here (going back to the copybot case SOH) were many ppl reacted like that. The do not understand the terms Copyrighted parts/textures that have been copied of the ones that FILED against those ppl whole STOLE it.

    And then to attack coke here?, coming from a dude that calls himself LOL and at initial posting “The should ban them both” why the hell you even bother posting here man?! If you allready made up your mind!

  21. Jumpman Lane

    Mar 16th, 2010

    godwins law is internet meme trash caws stroker CAN be compared to say Herman Goring who ws also known for his many frivilous lawsuits who once sued a man fo slander who is said to have said he overheard Goring order wine at dinner in a resturant. what vanity, what aravice

  22. Darien Caldwell

    Mar 16th, 2010

    “On the other hand, how many stories have we seen in the last few years about the vocal opponents of porn repeatedly raping people they’ve got locked up in their basement or in tents in their backyard?”

    O.o Um, none? That’s the silliest thing I’ve ever heard.

    This thread is a laugh riot. Keep it up. :D

  23. Coke Supply

    Mar 16th, 2010

    @ LOL

    I copybotted the alien avatar?!

    I’m not sure why you think that. Specially since I created every prim in that avatar by hand.

    And for your information, the build dates on the prims for that avatar span a period of TWO YEARS.

  24. Jumpman Lane

    Mar 17th, 2010

    we ready for the lawsuit, bitch! do al u
    can do! that dirty kneed wife of urs still
    look like this crack head i know named
    wanda sue hehehe
    10:15 PM Feb 25th via web

    Tweeples i think Stroker Serpentine’s
    rl wife’s lips burnt up black from smokin
    that shit! god damn crack monster!
    10:00 PM Feb 17th via web

    I thought that blasephemous crack
    bitch was stroker’s mama in that
    movie not his rock moster ass wife!
    10:00 PM Feb 17th via web

    We retact these statments here:
    (well here is a preview of the article where we will retact them)

  25. Jumpman Lane

    Mar 26th, 2010

    We still think LL will win!

  26. Muziekfreak1980 miles

    Mar 26th, 2010

    Why you think that?

    Enlighten me/us :)

  27. Jumpman Lane

    Mar 27th, 2010

    1. the outcome of the lawsuit against veoh
    2.. viacom will prob lose its lawsuit against google over youtube due to fair use

    BOTH of these cases (and Taser deciding to sue Linden Research enboldened Stroket to sue the lindens.

    All of these suits are the reasons LL has yet to SETTLE their suit with Eros LLC. Which is the best outcome That Self proclimed pervert can hope for

  28. WTF?

    Mar 27th, 2010

    Hmm I guess the safe harbor laws do not apply here.

  29. Candid

    Mar 30th, 2010

    Ah yeah, Stroker, is there anything that guy won’t do for publicity , seems to be every single opportunity he gets he’s running to his “council” or threatening to sue someone, he’s a joke!

    And so many suck up to him, why cos you think he’s a somebody, all you do is fuel his over inflated ego and his continued delusions of grandeur, I wouldn’t spit on the guy if he was on fire!

  30. Jumpman Lane

    Mar 30th, 2010

    @ candid I’d shit on the guy if he were on fire if it would help…if i didnt burn my ass! hehehehehe

  31. HUH?

    Mar 31st, 2010

    Another lawsuit bites the dust.

    New TOS cover LL’s ass quite well.

    “10.1 Linden Lab is NOT liable for its users’ actions, and you release Linden Lab from any claims relating to other users.
    You agree not to hold Linden Lab liable for the Content, actions, or inactions of other users. As a condition of access to the Service, you release Linden Lab (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not Linden Lab becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

    You agree and understand that Linden Lab does not control and is not responsible for information you provide to parties other than Linden Lab.”

  32. Candid

    Mar 31st, 2010

    Yes HUH, hence I say it’s a publicity stunt and the case will be an epic fail! It’s almost like the guy sues people for entertainment.

  33. Jumpman Lane

    Apr 1st, 2010

    yup 10.1 call that The Stroker Serpentine clause. CAN Stroker accept the new TOS? Can he enter a legal agreement absolving LL of liability in such a circumstance and WIN his case? If he doesnt accept can he use SL? Is this a backdoor way to get Stroker of the grid? Is he on the grid? The the sap just click accept without reading it? OR is 10. 1 The Jumpman Lane Clause. Meaning LL doenst want to be sitting beside one Jump Lane when Stroker sues him for calling Stroker a pedo, Stroker’s wife a crackhead etc. etc.

    Those pesky Lindens are up to something hehehe

  34. Jumpman Lane

    Apr 1st, 2010

    @Stroker Serpentine

    Is 8.2 the Stroker Serpentine clause?

    I’m finding more and more Jumpman Lane protections as i read it.
    Maybe I DO have a Linden pal or teo hehehehe. See ya in court sap!

    (iii) Post, display or transmit any material, object or text that encourages, represents, or facilitates sexual “age play,” i.e., using child-like avatars in a sexualized manner. This activity is grounds for immediate termination. You may review our full Age Play Policy here. You understand and agree that we may report any and all such incidents — and any and all of your corresponding personal information — to any authorities we deem appropriate, whether or not it in and of itself violates the law of your (or any) jurisdiction;

    @ everybody else! Is this section NEW?

  35. HUH?

    Apr 1st, 2010

    So I wonder if stroker logged in and accepted the new TOS or is he staying offline so that he can say he didn’t accept it? Either way.. good riddence.

  36. Jumpman Lane

    Apr 1st, 2010

    @ HUH it is interesting though. IS he online? DID he accept the new tos? How would accepting it affect his case?
    CAN he accept the prop that “Linden Lab is NOT liable for its users’ actions, and you release Linden Lab from any claims relating to other users.”

  37. HUH?

    Apr 3rd, 2010

    TPV? The Prefered Viewer?

    Will jiggle my fat rolls. So neilife and other viewers are still ok to use.
    That makes cds a griefer tool then by blocking peoples movement and collecting information about them. I think the new TOS allows the Lindens to step back without having to worry about being sued now How cool is that?

  38. Charlie

    Apr 3rd, 2010

    New T.O.S allows LL to sit back and not respond to every crying creators c-bot claims. Back to the wild wild west.

    Works for me.

  39. Jumpman Lane

    Apr 3rd, 2010

    the viewer wars are heating up!

  40. PLAYA

    Apr 3rd, 2010

    Naww not a war, skills made SL into a game.

    We search out CDS stores…. go in and grab the loot FTW.

    jajaja funner than WOW

  41. candid

    Apr 5th, 2010

    I have little doubt stroker will or has read the TOS, he’s a lot of things but stupid isn’t one of them. He’s swifty and paranoid, so he’ll read it. The fact the new TOS came into effect after his court case so it may not have any bearing, it will certainly make it harder for him to scream”I’m going to sue” every 5 seconds in the future though, that has to be a good thing.

  42. candid

    Apr 5th, 2010

    that’s ‘shifty’ not swifty

  43. Jumpman Lane

    Apr 5th, 2010

    @candid i agree with everything u say except the stroker being stupid part, he strikes me as a class a moron

  44. Informed

    Apr 18th, 2010

    Another lawsuit bites the dust.

    New TOS cover LL’s ass quite well.

    It certainly does not. The Digital Millennium Copyright Act protects service providers from liability if they fully comply with DMCA Notifications. The fact that stolen content continues to be distributed on their service after receiving a DMCA Notification, and responding to that notification with a statement that they have removed the infringing content in accordance with the law is an easily displayable reality.

    Continued; the TOS change states that Linden Research/Linden Lab is not responsible for the actions of it’s users. The law suit in this article is against Linden Research directly for their own actions, not the actions of others.

  45. Jumpman Lane

    Apr 18th, 2010

    not so informed. LL is not stealing and reseliing sexgen(r) sexbeds, that sap Stroker will tell you that much. and it doesnt matter that people continue to steal conent in sl, only that LL responds properly to dmca notifications when they receive them and have certain etc etc

  46. Informed

    Apr 18th, 2010

    Perhaps you should take the time to actually read the comment, rather than concentrating so hard on trying to come up with attack names for anyone who even *might* have a different opinion.

    Had you taken that few seconds worth of effort[assuming the intellectual functioning level of a small child], you’d realize how truly asinine your reply to it sounds. See, you have to read the WHOLE comment, I know that its hard to concentrate that long, but keep trying and you’ll get there.

  47. Jumpman Lane

    Apr 18th, 2010

    @informed see here u fucking idiot, that fool stroker is suing LL because users of LL’s service are stealing his sex beds. LL is being sued NOT for their actions but the actions of its users because turdy serpentine wont go the wackamole approach. LL will win because it will gain safe harbor and NOT be held LIABLE for the actions of the users of its service.

    if you dont realize thatthat is the crux of that case and that the new tos too addresses liability with respect to others using LL’s service. You are a fucking idiot.

  48. Jumpman Lane

    Apr 18th, 2010

    “by providing the tools to other infringing Second Life users. Linden Lab directly and secondarily violates the copyrights ”

    @ informed maybe you should read the complain above
    u fucking idiot

  49. Informed

    Apr 19th, 2010

    *waits to see how this website handles attacks like Jumpman’s*

  50. Jumpman Lane

    Apr 19th, 2010

    read back fool! nobody gives a shit about an anonymous snitch hiding behind a misnomer roleplayin a vic in the comments sections (shit ROLEPLAYIN AT ALL) BE somebody else cause u aint informed heheheh

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