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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.

The first claim involves Amaretto’s assertion that Ozimals made misrepresentations to Linden Lab in its takedown notice. Since Linden Lab removed no content as a result of the notice, no harm was done, and no remedy is required. The claim was dismissed with prejudice (which means it is considered settled and cannot be reintroduced).

Likewise Amaretto’s claim of tortious interference by Ozimals has been dismissed – though without prejudice.

The case itself, including claims of unfair competition and misuse of copyright is now clear to proceed.

[via Courthouse News Service]

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