Okay. First a quick refresh on how this all got started. Two makers of Second Life breedable pet animals (Ozimals and Amaretto) got into a bit of a stink with each-other which wound up in court. Ozimals had filed a DMCA takedown against Amaretto, claiming copyright infringement, and Amaretto turned around and filed a fat and juicy lawsuit against Ozimals for being unlawfully meddling and naughty.

So, where’s all that at now?

Well, I don’t really have much access to the court documents anymore, alas, but from what I’ve been able to glean to-date:

  • Ozimals seems to have been determined to have falsely filed the DMCA notices. That’s a federal offense, and the authorities will likely be looking into that and setting any appropriate penalties separately.
  • A number of Amaretto’s claims against Ozimals have been dropped dismissed (both with and without prejudice, so some may be able to be filed again). For example, some weren’t relevant because Linden Lab had taken no action when the DMCA notices against Amaretto were submitted. Others have been dropped because Amaretto cannot support them.

So far as I’m aware, at least one of Amaretto’s unfair competition claims against Ozimals has survived the cull. From the looks of things, we’re only likely a few weeks away from either a summary judgement, if the remaining facts are not in dispute, or a jury trial if there are some left that are.

The third, and statistically most common result would be a settlement. If you’re trying to predict the outcome of a civil case, predicting a settlement is generally the safest bet. Actually coming to a settlement, however, depends more on the personalities involved on each side than on the actual facts on the table.

Whichever of the three scenarios takes place, it shouldn’t be long before this case is resolved.

[via Courthouse News Service]

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