What is really impressive about this case isn't the DMCA itself. DMCA takedowns are often used to eliminate competition, mostly hoping people just give up. Granted I'm not saying this is what Ozimals is doing. Both Ozimals and Amaretto make a lot of money...I mean a lot. Amaretto horses were involved in a charity for breast cancer awareness that raised over $64,000 this year (see: Prim Perfect Pg.18). Ozimals is large enough to warrant free advertising from LL as well. What is most intriguing is how Amaretto is fighting back.
Nonetheless, Amaretto says, Ozimals notified Linden Research on Dec. 1 that Amaretto was violating Ozimals' copyright, "therefore requiring Second Life, pursuant to its terms of service and 17 U.S.C. §512, in order to preserve its Safe Harbor status, to take down Amaretto's products during the present busy holiday shopping season."I'll be watching this to see what ends up happening. Special interest on what actually happens with the takedown, and who wins and at what cost. Also how copyright extends to ideas. Much of the 'meat' of the takedown is scripting/functionality rather than any actual build. This could end up having a huge 'precedent' factor in SL, Inworldz, and beyond. Though likely the DMCA will be unfounded as well as punitive damages on the other side of the coin. Interesting nonetheless.
Amaretto responded in a letter to Linden on Dec. 9, contesting Ozimals' claims. But Amaretto says it fears that Linden "will take down Amaretto's product line at any moment, during the height of the holiday shopping season, thereby causing irreparable harm and damage to Amaretto."
Amaretto seeks a restraining order and injunction, costs, lost profits, statutory damages and punitive damages.
(I started a more appropriate forum discussion Here if anyone is interested)
omg what a drama lhama!! Bunnehs against horses? I will follow this bloodbath with excitement :P
ReplyDeletelol, I imagine there's going to be a lot of buzz about this one, most of it very dramatic.
ReplyDeleteI think it's downright ridiculous and Ozimals has got a big head. I'm hoping Amaretto trounces them.
ReplyDeleteMarie
heya Johnny, I put a small post about this on my blog, including why I feel this is a ridiculous and legally unsupported action on Ozimals' side.
ReplyDeleteThis is an issue (copyright) I have been following very closely for several years, as it is very close to my work as a musician and graphic artist.
I read it and thank you, Miso. The next thing I knew I was clicking links then wrote an entry of my own. The more I read about it, the more I wonder who's doing the intimidation in this case. Granted, there's going to be legal posturing from both parties. The part that most interests me is reports of the same bugs, which would seem to indicate it goes beyond taking the idea straight into script functions. I look forward to seeing how this progresses.
ReplyDeleteMiso's blog is here: http://gomiso.blogspot.com/
Recommended reading as she's put together a lot of information on the subject.
When this is "resolved," there will be far reaching implications that all virtual worlds and merchants will have to face. A precedent will be set, let's hope it is one that we can all support.
ReplyDeleteWhen I read "Ozimals vs Amaretto" I thought of drinking bunnehs.
ReplyDeleteBut that's very interesting. I know too little about Amaretto (except that it's a delicious drink) but I know Ozimals and I know how big a company they are. From what you wrote, Amaretto seems to be just as or nearly as big as Ozimals. I can only hope the outcome will be a fair one (some say I'm naive).
You can't copyright an idea. Sometimes you can patent and idea but DMCA takedowns are for copyright infringement. This whole thing sounds like a very bad attempt to eliminate competition.
ReplyDelete@David; I agree with you. I think the only leg they might have is if the product was indeed 'copybotted' which after all is said and done may prove impossible to verify. We'll see what happens, there's a lot of speculation and most of it seems in favor of Amaretto Breedables at the moment.
ReplyDeleteSomething about that just seems too...convenient to me. It's literally a case study of SL dramatics in a RL courtroom. Hopefully as Chrystophur said, the outcome is something we can all support.