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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.

The injunction was opposed by Ozimals, of course, and Linden Lab as well, however it appears to have gone ahead, though I’m not quite sure if it is in the original form.

The short version:

  • The preliminary injunction replaces the temporary restraining order.
  • Ozimals is not permitted to file nor to attempt to enforce any DMCA notices against Amaretto until the case is resolved.
  • A status conference will be held on Tuesday, 11 January.

For its part, Ozimals’ primary objection to the injunction was twofold: First, Ozimals didn’t like the date of the 11th, and it was particularly keen to exclude any order of injunction or restraint from Linden Lab.

Ditto for its own part, Linden Lab wanted to be excluded from the order to not delete Amaretto’s stuff, though it was couched more delicately and properly as “Linden, however, must appear to oppose the instant motion insofar as it seeks to enjoin Linden—a nonparty to this action—from doing or refraining from doing anything.”

And yes, it’s quite a stretch of the scope of the Federal Rules of Civil Procedure for the court in this case to require Linden Lab to do or to not do anything. However, since the order basically instructs the Lab to not delete Amaretto’s assets (which is an awfully simple and painless sort of action for it to take), I cannot help but wonder why it argued so hard to be exempted from that.

Linden Lab could have just taken the order as written to not delete Amaretto’s assets, but Ozimals and Linden Lab both strongly argued that Linden Lab not be restricted from doing so if it wants to. So, even though Ozimals is prevented from now doing anything about pursuing such deletion, the Lab is now free to eliminate Amaretto and its in-world assets at any convenient time.

It’s interesting, because Ozimals and Linden Lab have clearly indicated that they have been in communication, and together they have created the appearance that Linden Lab is playing favourites between the two parties, even if the Lab is not actually doing so.

The active preliminary injunction, and the two oppositions to the original draft of it are available in PDF form on Amaretto’s Web-site.

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