Wednesday, 16 September 2009

Eros LLC & Nomine vs. Linden Research Inc.

Kevin Alderman, aka Stroker Serpentine in Second Life, maker of the popular Sexgen Beds, and Shannon Grei, an individual who creates and sells clothing under the name Munchflower Zaius and the business name "Nomine" in Second Life, have begun a Class Action against Linden Research Inc., the owners of Second Life, for permitting the infringement of the Plaintiff's intellectual property rights, trademarks and copyrights, by providing to its residents the tools necessary for copying their products.

However, proving that LL are liable may not be so easy, given the Safe-Harbor provisions of the Digital Millennium Copyright Act which protects the providers of on-line services from litigation providing they remove offending content once they have been notified of it. The recent Veoh decision is a case in point. However the DMCA does not afford protection against claims of trademark infringement.

This will be a very interesting case to follow.

The full court papers are on the SecondLifeHerald website.