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?

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Amaretto vs Ozimals The legal battle between Second Life merchants Amaretto Ranch Breedables and Ozimals continues. To date, the case has been moving through the preliminary stages, and it is far too soon to go about picking a winner.

U.S. District Judge Charles Breyer has ruled that the injunction against the taking down of Amaretto’s content can remain in force, but has struck two claims from Amaretto’s complaint against Ozimals.

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I don’t have access to all of the documents filed… yet, but I’ll update you on what I know so far.

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In a civil lawsuit, the pre-trial hearings are basically all about facts. There are two essential kinds of facts in this process: facts in dispute, and facts not in dispute.

Both sides take (roughly) turns submitting documents and responses, and over time it becomes clear which information, items or events both parties both agree to be factual and correct, and which points they still disagree on. If there are enough facts in dispute (or facts of sufficient magnitude) the matter may then proceed to trial.

The judge may make judgements during the hearing phase based on the facts that are not in dispute. This has happened.

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