1 2 3 4 5 | First, a few disclaimers: I don't know any of the parties involved. All the information I have is from http://hushskins.wordpress.com/copyrightinfringement/ (and my own professional background). Second: I am a lawyer. I am not giving legal advice. That said: Let's assume everything on the Hush Skins website about the courts is more or less true. What it says is that some court (I have no idea why it says "the Supreme Court"; the Supreme Court of Canada doesn't issue injunctions, and hasn't heard a copyright case in a while) has issued an interim, interlocutory, and permanent injunction, in one document. That's unusual to me: interim and interlocutory injunctions come at the *start* of a trial, and a permanent injunction comes *after* a trial, and I feel like if there'd actually been a trial, we'd have heard about it. I do kind of keep aware of these things. So let me explain what these are. An interim injunction is a very short term restraining order. You only get it if you can demonstrate *urgency*, and it only lasts a couple of days. You'd generally get one of those while you're trying to convince a court to give you an interlocutory injunction (called a preliminary injunction in the US). To get one of those, the plaintiff have to convince the court to give her one…but the defendant gets to contest it. A permanent injunction *only* comes after the plaintiff has actually won the underlying case. So here's the thing. If this web page is accurate - and I'm not saying it is or isn't - then there has already been *an actual court case litigating the copyright of virtual skins in Second Life and none of us heard anything about it*. None of Gala Phoenix's friends. None of the people who follow virtual law. If this web page is not accurate (and I'm looking at the references to "the Supreme Court" and the misspelled "wilful" and the repeated "Defendant (“Gala Phoenix”)s (it's already defined who "Defendant" is; it only has to do that once)), then that speaks to a much deeper issue. |
Direct link: https://paste.plurk.com/show/1087784