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)