Massively^™

You may remember Richard Minsky, founder of The Center for Book Arts in New York City and owner of SLART Magazine. We previously wrote about his assertion of his rights and obligations with respect to his SLART trademark, which covers (among other things) Minsky's SLART magazine. The SL portion obviously represents Second Life, and the ART well... that's art.

Minsky originally filed his SLART trademark on 22 March, 2007. It was published for opposition on 18 September, 2007, and finally granted formal registration by the US Patent and Trademarks office on 18 March, 2008 (registration number 3399258). SLART, therefore, is owned by Minsky insofar as the US Government is concerned at the present time, whether that grant was conferred rightly or wrongly, unless it is somehow overturned or abandoned.

Now he has filed a civil suit in a federal court, naming Linden Lab, Philip Rosedale, Mitch Kapor and one or more other Second Life users (as John Does) for (variously) trademark infringement, trademark dilution, tortious interference (that is interference that causes injury), and fraud.

---

	Are you a part of the most widely-known collaborative virtual environment or keeping a close eye on it? Massively's Second Life coverage keeps you in the loop.

Virtually Blind is reporting that the WoW Glider case has been resolved in Blizzard's favor. The maker of the epic fantasy MMO has long contended that the MDY developers are infringing on the company's copyright. MDY makes the WoW Glider bot software, possibly the most popular of a series of options that allow an unattended computer to 'play" World of Warcraft. This case dealt with a number of meaty virtual world/legal issues. The most important decided this week was rights Blizzard gives to players of the game. The company is allowed, according to the decision, to defend those rights against individuals that would allow players additional privileges.

Terra Nova, which has had several previous discussions about this case, notes that this may be the first time gold farming is referred to in a court's opinion. There is a 7-point test for impropriety in tortious interference. The overall message of that test, says the site, is that "enabling gold farming = not cool." Check out our previous discussions of this case, and you can catch every legal jot and feint in the official ruling from the court.

Eight weeks remain in the fact discovery phase under the court's calendar and two recent developments have surfaced. First, a declaration on behalf of IGE's CEO Brock Pierce which states IGE merely holds stock in Affinity Media INC. and does not employ anyone nor have anything to do with the alleged activities in the Amended Complaint was filed. Second, Hernandez has moved to compel production of documents and asked the court to force IGE to respond fully to plaintiff's interrogatories.

Virtually Blind has been following the lawsuit closely since the outset and has all legal documentation available for download.

World of Warcraft seems to be the focus of virtual law, lawsuits, angry gnomes, and all sorts of fun these days. Not only is a player suing IGE due to their gold selling practices, but Blizzard also took MDY, makers of the glider program, to court. Now, MDY and Blizzard are moving closer to getting this battle finished.

The arena of choice is the US District Court of Arizona and the two sides put forth their best efforts and finished their replies. Now we just have to wait for the federal justice system to make a decision on summary judgment. As Virtually Blind's Benjamin Duranske points out, that could take some time. Nonetheless, a few people are following such lawsuits closely since this is new territory for the courts and the MMO industry. Some fear the cases bring the federal government onto virtual turf, others think it is time for an end to cheating and want government help, and a few players are indifferent and just want to get their characters to level 70 before Wrath of the Lich King arrives.

In the continuing war against pirate servers, three Chinese men have been given jail sentences for running a ZT Online server.

Chen Jian, the main builder of the server, has been sentenced to one year in jail, while his accomplices, Shi Zunkai and Sun Jun, were given ten months and nine months respectively. Also included in the final sentence was a fine of 60,000 RMB to be paid to Giant Interactive as damages for the activities of the server.

District Court Judge Manuel Real has ordered IGE's Debonneville and Pierce to a status conference at 10AM US Pacific time tomorrow morning (Friday, 25 April). As you may recall, Debonneville and Pierce were settling and had until 14 April to finalize that.

Well, apparently it hasn't been settled and Judge Real wants to know what the heck is up with that, as nothing has been filed by the due-date, though both parties said that they had agreed on all the essentials.

Texan teen, Robert Leatherwood, has settled the Second Life copyright violation lawsuit with Eros LLC, finally having admitted to also being Volkov Cattaneo - which he had previously repeatedly denied as Cattaneo, while simultaneously mocking the case against him and admitting wrongdoing and copyright violation.

As Leatherwood failed to lift a finger in his defense -- not even responding to papers served -- the court handed down a default against Leatherwood, essentially making him the loser, regardless.

In news likely to have repercussions for similar cases, Blizzard has handily won their lawsuit against the gold farming outfit Peons4Hire (aka Game Dollar). The permanent injunction [pdf] they were awarded in the suit's settlement effectively means you'll never see a Peon spam message in your mailbox or chat window ever again. The original suit was filed because of Blizzard's belief [pdf] that this gold spam 'diminished players' game experience and cost Blizzard subscribers, bandwidth, employee time, and ultimately, revenue.'

The injunction deals with that by prohibiting Game Dollar/Peons from selling virtual assets from World of Warcraft, or powerleveling characters in the game. They're also legally enjoined from using the chat or in-game mail system to advertise their service ... possibly the first time I've seen a court case refer to a virtual world's specific forms of communication. Beyond all that, Game Dollar is further prohibited from investing in a new company that engages in these activities.

Read on for ... the catch. (There always is one.)

Well, it seems like everyone else has had a chance to say bad things about RMT company IGE. Well, now co-founder Alan Debonneville has plenty of bad things to say himself, in his lawsuit for "among other things, numerous breaches of fiduciary duty, breaches of contract, and fraud" against IGE founder Brock Pierce.

"Pierce has broken every fiduciary duty known to jurisprudence and stolen millions of dollars of shares of IGE US, LLC" the complaint asserts - and then it gets mean.

If you've been following Hernandez vs IGE, you'll probably be a bit surprised to find that the Plaintiff (Hernandez) has dropped Hong Kong Internet Gaming Entertainment Limited (IGE) from the Defendants. USA IGE US LLC (the other IGE) remains on the docket.

The Plaintiff alleges that IGE is gold-farming, spawn-camping, devaluing gold, spamming chat, and generally screwing up the experience for everyone else.

There has been a new development with the uncertified class action Herndandez vs IGE. The Plaintiff alleges that IGE is gold-farming, spawn-camping, devaluing gold, spamming chat, and generally screwing up the experience for everyone else. Defendant IGE filed a motion to stay/dismiss in favor of arbitration on 26 October.

IGE has now changed it's stance and withdrawn that motion, and gives the impression that it will answer the complaint in court. That could only be an impression, however.

No, I'm not making this up. In October Giant Interactive Group Inc took action against gold farmers in their MMO, Zheng Tu Online (reportedly the most popular online game in China in 2006, with 1.3 million active subscribers). Giant changed the game-mechanics to prejudice against gold farmers, just one month before their IPO in November.

Well, after kicking out all those gold farmers who were paying subscribers, concurrency figures fell, as did total registrations - and the investors are apparently cross with Giant for both not disclosing their action against the gold farmers, and using the registration figures for September (before the rules-change was made) in their IPO registration statement, instead of the October figures.

Rase Kenzo (aka Thomas Simon) has pulled a 180, and accepted a settlement offered by Frank Taney, the lawyer representing six well-known Second Life content creators.

One of the conditions of the settlement is that everyone keeps quiet about the whole thing - however the terms of the settlement that have been presented to the court for approval are available.

Eros LLC has won its case against Texan teenager, Robert Leatherwood (who may or may not be avatar Volkov Cattaneo - it actually no longer matters now if he is or isn't).

Two weeks ago we reported that Leatherwood had failed to respond to the papers served to him in October, and that lawyer Frank Taney (representing plaintiff Eros LLC) was petitioning the court for default judgement.

Benjamin Duranske at Virtually Blind kicks off coverage of another virtual worlds lawsuit. In this case, it's a third-party beneficiary contract class action claim (Whew. Try saying that three times fast) against IGE and their alleged actions in World of Warcraft.

The plaintiffs allege, basically, that IGE is gold-farming, spawn-camping, devaluing gold, spamming chat, and generally screwing up the experience for everyone else.