WARPS - The Truth PDF Print E-mail
Written by Suzanna   
Thursday, 10 June 2010 14:48

 

So Its Come to This:

It is time to lay everything out for everyone that cares or even remembers or believes in what is right and what is wrong. The reason I am posting all this related evidence is because every single bit of it is 100% true, all related data and evidential information has been gained by legal methods and/or are documentation that fall under the public domain.

I will state that I have not been brought to this decision lightly, I have over the last two years, worked very hard to do this all by the books, and to work with Linden Labs as closely as I could to find a resolution to this issue. And in the end when we have all the material evidence we'd need to prove, de facto, and de jure, that the person accused of stealing CCS and ordering the design of the WARPS system with it did in fact, do exactly that, exactly as we said he did. And had Linden Labs chosen to do the right thing, and take action against the accused, internally, as they should, for his blatant violation of copyright law, and blatant statements of perjury in the process of the DMCA Dispute and his blatant disregard for the dispute process in total, I would have happily just kept this all under the rug and pursued my civil suit against the individual quietly and outside the grid entirely.

But Linden Labs has decided that they have no responsibility to the protection of my copyrights, they have decided they have no internal responsibility for taking action against users that have made blatant and material misrepresentations in the process of a DMCA Dispute and they have decided they have no internal responsibility for taking action once given all legally gained evidence that proved such facts as 100% material facts.

So let me start this article off by saying, my faith in Linden Labs is shattered, completely. I will continue to improve and better the CCS system, I will continue to provide service and support to my players and my clients and I will continue to maintain the City of Lost Angels on the Second Life grid, but I do so for the benefit of the players, and hold no interest, any further, in helping Linden Labs to attempt to better their product or wasting my time on pie in the sky projects they will half implement then forget about. I am done with Linden Labs, I will pay my bills, I will take care of my people, and other than that, as far as I'm concerned, other than a small handful of individuals at the San Fransisco office, I consider your company complicit and liable in harboring a criminal. And should I be given the opportunity I will be joining Stroker Serpentine and multiple other Second Life Developers in a class action lawsuit against Linden Research Inc. for their failure to comply with their own policies in regards to the Digital Millennium Copyright Act.

Now Let us Summarize: 

On November 13th, 2007, at around 5am, all CCS vendors were returned from the Land of NoR role play environment to be replaced with WARPS vendors, initially I was unconcerned with this situation. The accused's constant attempts to leverage some kind of position of partnership or business agreement and copyright share of the CCS system had, really, over the time of our involvement with him, put us in a position of having no love lost for the individual by the time we decided to stop treating him like he was special because he was the very first CCS sim owner we had dealt with, and when they "switched" combat systems I was relieved, extremely, as he would no longer be my problem, nor would his actions, which were highly abusive towards CCS players, reflect on me or my system any further.

Within about 4 hours of the WARPS release I was getting reports that the WARPS System could heal CCS units and interact with them, and the WARPS system was talking to the CCS API as if it was the CCS system. These things were materially impossible for an originally created system, DCS Units cannot talk to CCS Units and vice versa, DCS API weapons do not work against the CCS System and vice versa, so to have the WARPS system not only interactive with CCS units, but also to have them communicating with third party API enhanced weapons was highly unusual.

Upon receiving a unit I found the directory structure of the WARPS Unit to be near to identical to the CCS unit, just with the name structure of the scripts different and animation sets done by another user. Upon further investigation it was found that the WARPS system was communicating on the CCS Dynchan and also communicating via the CCS Dynchan to CCS API enhanced weaponry....this was confirmed by not only myself but multiple 3rd party weapons designers that were extremely familiar with the CCS System at that time and its communication structure in use for API communications.

Before I Get Much Further:

Let me just go ahead and post the straight out proof of the situation. We filed a DMCA Claim against the accused, they filed a counter claim in return which allowed them to replace the vendors (though as I'll show they never took the service down in the first place and Linden Labs did nothing about this blatant re-distribution of materials under dispute), so please take two minutes and view the folllowing video footage which shows a direct differential comparison of the the WARPS Main.lsl and the CCS Main.lsl of that time period in the dispute, to see that straight out of the gate, I am not bullshitting anyone here please click the following link and view the video in high quality.

WARPS and CCS The Differential Analysis

As you can see, they are almost nearly identical. There are some flow control changes and some edits in regards to http data management other than that, its not even an original script, its an edited CCS 0.4.5 Main.lsl script, written by Jora Welesa as acknowledged in the starting comments of the WARPS Main.lsl but neglects to mention that I had a hand in writing this stuff too, but thats all too common for the accused. Hes quite happy to accuse people of his own inadequacies, and since obviously he can't script a damn thing, Suzanna couldn't have possible had anything to do with CCS either! Gee if that was the case, why did Jora sign over 100% of the copyright to me then?  I dunno, maybe because I had a huge amount to do with the system itself and its development, maintenance and support? 

 
Now Wait, The Accused Says You were Partners:
 
There was no partnership agreement between the accused, his community, or his managing LLC, Tapout Logic, LLC, in regards to the CCS system, they were given a guarantee of CCS access in of which they stated by us granting that access people would have another place to play the game at. This "agreement" as such is no different than the agreement I have with any sim owner in the CCS system as of this time. We were not partners, he was simply the first to gain access to the system and thus was given equal consideration to the CoLA main sim to ensure that people didn't have to choose one sim, over the other, for XP tick priorities.
 
But What if Jora Made an Agreement with the Accused And Didn't Tell You?:
 
Jora didn't as the following image shows:
So as we can see here there was no agreement made with the accused and the terms of access to Jora and I's copyrighted software are quite clear. And, quite obviously, from the video evidence, were completely and totally ignored as if they did not matter. You may also notice I'm censoring out the name of the accused, to ensure that the guilty are "protected" under legal statutes until such time as proven guilty in a civil, or criminal court of law. 
 
Copyrights:
 
I have them....as follows, legally filed with the USCPO over the period of 2007 to 2008, (the copyright process can take quite an extensive amount of time). Here are the valid certificates and a web image of the final one which the certificate is in my lawyers office and he keeps forgetting to mail it to me.
 
 
The 0.4.0 certificate as stated, is still at my lawyers office. I should probably request a copy myself but, I hardly need to since all this stuff is available online these days, as shown here:

 Go look it up yourself if you want, regardless I'm just blotting out Jora and I's real life identities there.
 
 But What about the DMCA?:
 
The DMCA is loophole ridden frontier law that basically assures no one without more money than the person thats stealing from them can do anything about it. Thats pretty much what it comes down to. The DMCA works great for people like the RIAA because they have a lot more money than some kid that downloaded a Metallica song on Napster or something. When it comes to a situation of equal opposing forces monetarily, or a situation in of which one party believes the other party to be defenseless due to their financial situation (which is exactly what the accused believed), these crimes can, and do, go completely unpunished, regardless of the de facto evidence of their perpetration. Fortunately for me, I'm not quite as defenseless as the accused once believed.
 
Now in regards to the DMCA, the Lindens ordered a take down of the WARPS System on February 12th, 2008, in compliance with the DMCA and our DMCA Complaint. In the process of dispute, the WARPS system was to have its vendors removed from world and the service discontinued and the vendors not replaced until a counter claim was acknowledged by their legal offices.
 
The following image from the LandofNoR.com website states not only did they not comply with the take down order and cease distribution, they merely took down the vendors we identified in world and replaced them with new vendors in new locations and continued to run service to the system. Showing that in the process of dispute they were in direct violation of the terms of the DMCA process even before their counter claim was acknowledged by Linden Labs on the 28th of February.
 
 
You notice the accused also states, here, in their fallacious representation of the DMCA take down order that the infringing works had not been ordered to be "shut down" which is absolute lies, our DMCA Complaint detailed all known vendor locations and a demand the system be shut down. The accused did the minimum necessary to appease the DMCA take down order from Linden Labs, then set up new vendors and never shut down the service, further complaints were sent to the Linden Copyright Agent with the Linden Legal Department in regards to this and were summarily unanswered or ignored, showing yet more fault on the part of Linden Labs to execute their legal duties in this process.
 
The accused also states that they had been focusing their own efforts in regards to the dispute in the courts the entire time, and I can state, publicly for the record, that I was never once subpoenaed nor served by any representative of the accused nor has there been any legal discourse between the accused and myself since 2008, when they called the State Highway Patrol of state they were living in at the time to report me for harassing him on the internet because I sent him an IM indicating that he knew what he did, and that he knew he would not win if this went to court. He stated in the IM that he felt "threatened" by our conversation and he was going to call the police. I can assure you if I ever wanted to "threaten" this individual, I wouldn't threaten them at all, he'd just end up in a hospital and I'd have never have left home and would have had absolutely nothing to do with it.
 
The Truth, the Whole Truth, and nothing But the Truth, So Help me God:
 
Here we have an image of the DMCA Counter Claim filed by the accused, where he states under penalty of perjury he has good faith belief to believe that the materials in question have been misidentified:
 
Its nice that they consent to the jurisdiction of the court where they live, unfortunately for them, thats not going to happen.
 
So Why Now?:
 
Because much of this information only recently came into our possession, legally, through settlement with the managing programmer for the WARPS Project, and now the Lead Developer of the XPRS System, Baron Nowhere. Who came to me to reach a settlement agreement and a release of liability in exchange for material evidence and testimony of the malfeasance and fraud of the accused. We reached this agreement in late 2009. 
 
After my legal firm and legal counsel concluded this settlement, it was their determination that we should seek FBI Investigation and attempting to get the case tried under the U.S. Department of Justice in the obvious case of First Degree Perjury of the DMCA, which is a Federal offense. It took me about a month to finally have an FBI Case Agent get back to me on the issue and let me know that unless we could prove a loss of or gain by the accused party, of $100,000 dollars or more in the process of the crime, they could not prosecute the case at the Federal and Criminal level. Which I was quite disappointed to hear, as the only way I can prove this materially is to have a court order to seize his accounting records from Linden Labs, his Paypal transaction history and his bank records, all of which I cannot gain without the process of Civil Court judgment, which we are now in the process of pursuing once more.
 
And in case anyone doubts that, here you go:
 
Just one page of the complaint as originally filed then retracted, we are having to rewrite the complaint given new evidence and what we have learned in the last 7 months to ensure all material evidence of the fraud and infringement are presented in concurrence with current evidence and the truth of the situation as we know it to be now, two years after the fact.
 
This case is going forward, I have received financial backing from a family member worth around five hundred million dollars who states there is no price to high to pay to ensure the accused gets what is coming to him. And in the process of the civil complaint we will request that the court issue discovery process orders to reveal the financial details of the accused and expose all his financial gains from February of 2007, when he came under CCS service as the first client of the system, to November of 2009, which is the approximate date of terminate of all potential financial gain he could have made under the use of my code base without legal license to do so.
 
And should that number exceed $100,000 dollars, I will file a criminal complaint against the accused with full intention to ensure they are heavily fined and or imprisoned within the limits of the law as defined within the Federal statutes for the Digital Millennium Copyright Act.
 
And What About Linden Labs?:
 
They were sent all the accumulated evidence and settlement documentation by my legal counsel with a legal demand that they take action against the accused as per their own policies. They sent back the following rather insulting little blurb via email, their official response is in the hands of my legal counsel but says pretty much the same thing.
 
Thank you for your letter. We're sorry to hear of your disagreement with another Resident.  When Residents have private disputes, we can only encourage them to speak directly and try to work it out.  Linden Lab does not get involved in private disputes between Residents.  

We do comply with the Digital Millennium Copyright Act.  As mentioned in our DMCA policy, if a Resident makes a material misrepresentations about infringement in a DMCA notification, the Resident may be liable for damages under the DMCA.  We suggest you speak to your lawyer for legal advice.  We cannot provide you with legal advice.

Best regards,
Linden Labs
 
But their own DMCA Policy states the following:
 
Do you terminate accounts based on DMCA claims?
If Linden Lab believes that a user of Second Life is continually abusing the DMCA process, either with filings that appear to be without basis, or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party's account. Keep in mind though, that Linden Lab's actions still do not determine the substantive outcome of copyright disputes. Copyright matters are real-world rights, governed by real-world systems.
 
We proved, materially, and with full and legal evidence that the accused did continually repost content that was the subject of a valid DMCA notification and that they also committed perjury in their DMCA Counter Claim, but, this is not enough for them apparently, according to them, I should try to speak directly with the accused and work it out.
 
Yes I'll speak with the accused and "work it out" after two years of the accused illegally using my own software to try to destroy me and spending every waking minute he has attempting to confuse and down play this issue and make it "forgotten" in the eyes of the SL public so he can maintain some ridiculous self delusion of being a "game designer" that did something original.
 
And even now, he wanders the grid telling people hes got a "new combat system" and nows the best time to come back to his hell hole of deceit and lies and fraud.
 
And I can guarantee you if its CCS again, the Lindens and I are going to have a gigantic party. And the end of the party will end in sudden disappearance of 11 sims, two known names and a multitude of alts used to cause havoc and problems for other sim owners.
 
And the entire grid will pretty much, at that point, be a better place. And if not.....I'm still coming for the money, you bastard. All of it. And I sure hope its above $100,000 dollars. Though my uncle already told me he still knows guys in New York that could take care of this a lot more cheaply than my law firm will, I don't care to go down that road. You professed yourself to be a student of the law, but you are nothing but a charlatan looking to hide his own crimes behind a web of "legalities" and confusion.
 
Well What Should we Do About it?:
 
Well I would first suggest that all interested parties file AR's for Fraud > L$ against the accused in world, let Linden Labs know that you are not willing to let this fraud go unnoticed. Keep in mind that Baron Nowhere is no longer legally liable for this situation due to our agreed upon settlement and I will state for the record that Baron Nowhere never once received a dime for his work on the WARPS system, so hes not exactly liable for an AR in regards to Linden Dollar Fraud. So please don't AR him. It would be pointless. In the process of our settlement with Baron the end of the WARPS system was achieved, without the consent of the accused, so he is, in as much as anyone in this situation, a hero and should be commended for his choice for integrity over lies and cover ups, it was also determined through the state of our settlement that the XRPS system is completely and wholly an original work and is NOT WARPS and contains NO ELEMENTS of the CCS code base. So Baron, should be congratulated, not victimized for his part in a situation that was not his plan to begin with.
 
I would also suggest viewing everything the accused says, does, or represents as a potentially fraudulent operation with criminal intent to defraud individuals of money, property or material rights to intellectual property they may have.
 
I would vote with your L$, buy land in sims you can trust from sim owners you can trust, do your shopping at legitimate retailers and do not patronize malls put into use by the accused to line his pockets with your cash.
 
And above all, you should tell your friends, because as they say a lie can run around the world before the truth can get its boots on.
 
Well the truth has got its boots on now. Do you have your boots on? Make Second Life a better place by refusing questionable content.
 
And send a shout out to STFUBOT Yifu, who risked her account, back when this all started to create the group WARPS - The Truth, but unfortunately she has disappeared from Second Life lately, but if she ever comes back, hopefully she'll update that group with this URL. 
 
Complain to the Lindens, AR the accused, and above all, never let anyone tell you another lie about this situation again and don't let your friends be taken in by lies and liars, themselves. I will see this through to the very end, but in the meantime it is our job to ensure that justice is meted out within the Second Life community, on our own terms, as the Lindens themselves refuse to do so.
Last Updated on Friday, 11 June 2010 05:14