Question Prompted by Ozimals Closing: Would KC Permapets Survive?

[Ellen Ireland]

Ozimals is apparently closing down due to a "cease and desist" order, although I can't identify what product is involved in the claim of infringement:

http://blog.ozimals.com/2017/05/cease-and-desist.html

This prompted a question for the KittyCats team. If someday KC were to close down (and I hope that as long as Second Life itself exists, KittyCats will continue, but just in case), would the KC permapets still be functional, or would a database shutdown render them nonfunctional too?

[Tad Carlucci]

From what I found, Ozimals (bunnies) filed a DMCA takedown agains Ameretto (horses); who counter-filed the DMCA and began a copyright infringement lawsuit. This was back in 2010 (or so) and it appears Ameretto's lawyer sent a cease -and-desist letter which prompted the shutdown.

What, exactly, the dispute is would take some digging. But, since it all started with DMCA take-down requests in the SL environment, it seems safe to presume the dispute started over some segment of LSL script code. My guess is a script author jumped ship and either took or re-implemented some segment of code, giving rise to the dispute.

KittyCatS (nor any other breedable) does not appear involved in the dispute,

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As to what would "survive" a similar shutdown, should KittyCatS ever go through that, I would expect:

** All Cattery contents would be lost, including permapets

** All delivery packages, boxes and live cats would cease to operate.

** In-world (or in inventory) PermaPets should survive, but there may be a few features which may cease to function (such as prim-mode changes) or would function with issues (such as 2D or image modes ceasing to show images.

The actual effect depends upon what is shut down, what is removed from Second Life, certain internal details which only KittyCatS knows, and the effort they would put into the shutdown.

Basically, if you were around when the emergency change to the .ws TLD occurred, you've already lived through a complete, abrupt, unannounced shutdown.

[Arella Ohmai]

From what I read on the matter, Ameretto staff came to Ozimals to present them with their beta info and ask for opinions. Ozimals told them that the product seemed to work alot like Ozimals and they really need to develop their own way of doing things. Ozimals thought Ameretto was going to take the advice but months later they released the horses and they worked even more like Ozimals then the beta they had seen. Ozimals tried to handle it out of court by confronting them with NCs and info about their product needing to be changed and how it was just like theirs. Ameretto refused to budge so a claim was filed. As far as why Ameretto filed a DMCA seems it was due to the fact that Ozimals filed the first DMCA falsely. The whole claims revolved around the fact that the two breedables worked almost exactly alike in the matter of having to eat to live, how they bred, types of stats ect. Ameretto seems to view it all as Ozimals wanting to take out competition, which I can't fully disagree with, but it seems they Ozimals might have misunderstood their legal claim to such things as their breedable product.
If you want to view the case info then here: http://oldarchives.courthousenews.com/20...irtual.pdf

[Tad Carlucci]

I find many people have strange ideas about what can and cannot have copy rights, what is a violation, and what remedies are available.

Given just the filing and not seeing Ozimal's response (if any) nor the cease-and-desist they received, it sure looks like they should have consulted a lawyer before attempting to abuse the DMCA process. I'm not sure they had to close down, but they probably would have been in financial trouble, and may still be, considering the relief sought.

[Ellen Ireland]

I am aware of the case from a few years ago, but it wasn't clear if the new "cease and desist" order was part of that older case, or something completely new.

[Tad Carlucci]

As I understand it, there were two cease-and-desist letters.

The first, 7 years ago or so, from Ozimal's lawyer to Amaretto based upon the claim of a copyright infringement. That cease-and-desist letter was probably a standard request that Amaretto stop using the material and not use it in the future.

In response Amaretto followed the required process by cross-filing a DMCA response and filing a lawsuit.

The second cease-and-desist letter, from Amatetto's lawyer to Ozimal, seemingly quite recent, is more unclear. From the lawsuit, there does not appear to be any need for the letter; the matter was being put to a judge and jury. But, given its been seven years, my guess is the lawsuit was still pending and probably about to expire since neither party was pursuing the matter and prompted by the lawyer asking Amaretto if they wanted to proceed.

My guess would be not, but they asked the lawyer for the cease-and-desist letter concerning the harassment (via IM or NC); and Ozimal took that to mean the old, languishing lawsuit was back and, by closing down, they could avoid any adverse judgement. If the lawsuit were to proceed, that would be unlikely. But the cease-and-desist, coming so late in the game, and their closing (which should indicate compliance) will probably be the end of the matter .. so long as Ozimal does stop harassing Amaretto.

He should be glad they chose this route. Had Amartto entered a motion for a default judgement, they probably would have received it, and Ozimals would have found themselves on the hook for, at the least, the direct costs of the lawsuit.

People might bemoan the demise of Ozimals but I view this entire case as an excellent example of why you can't just file a DMCA take-down request .. you had best be ready to show something was actually protected by copyright, and the target actually infringed.

The DMCA is not a sledge-hammer you can use to take out your competition. It's a tool to speedily put an end to infringing activity. Used properly, it can be a boon to the holder; used improperly, it can have dire consequences.

[HappyDaize Resident]

I don't think anyone here was asking about the specifics of the legal actions that went on between Ozimals and Amaretto. The question, and one that still has not been answered.. is this...

If for any reason Kittycats would in the future shut down, will perma-pets continue to function in world in SL? I've had several people bring up that same question in conversations recently, and I honestly do not know the answer. I believe that it is a very valid question, considering the expense of perma-petting kitties. Until someone from Kittycats provides a definitive answer as to whether or not permas are properly scripted to (or would be updated to) function without server contact, any guesses the rest of us make are simply that.. guesses.

[Tad Carlucci]

Gee, I thought I covered all that in Post #2

[Ivy Norsk]

Yes, you did. <3 But that doesn't stop us from poking to try to get a more official response from, um, say Callie or Kitten.

[Izo Ryba]

http://nwn.blogs.com/nwn/ has other info related to the ozimal situation, for those that are interested