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	<title>Comments on: Bragg v. Linden Lab Update: Bragg Serves Two Sets of Document Requests on Linden Lab</title>
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	<link>http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/</link>
	<description>Legal Issues That Impact Virtual Worlds</description>
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		<title>By: Thunder Lardner</title>
		<link>http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-19176</link>
		<dc:creator>Thunder Lardner</dc:creator>
		<pubDate>Fri, 12 Sep 2008 15:04:34 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-19176</guid>
		<description>well if you think for a minute that Linden Lab&#039;s Troubles are over think again. there are several of us that are taking them back  to court and going to give them what they got comming to them and yes i am the real Thunder Lardner</description>
		<content:encoded><![CDATA[<p>well if you think for a minute that Linden Lab&#8217;s Troubles are over think again. there are several of us that are taking them back  to court and going to give them what they got comming to them and yes i am the real Thunder Lardner</p>
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		<title>By: Kazanture Aleixandre</title>
		<link>http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-8018</link>
		<dc:creator>Kazanture Aleixandre</dc:creator>
		<pubDate>Wed, 05 Sep 2007 12:47:05 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-8018</guid>
		<description>I am Kazanture Aleixandre, an old Second Life resident. My account is banned by Second Life and i lost over L$400000 , all my inventory which has more than L$2000000 value, and a private estate with my account.

But at Bragg vs Linden Lab issue; I remember this issue; Linden Lab was right. Bragg had used illegal ways to hack auction system. He was aware of what he was doing was illegal.</description>
		<content:encoded><![CDATA[<p>I am Kazanture Aleixandre, an old Second Life resident. My account is banned by Second Life and i lost over L$400000 , all my inventory which has more than L$2000000 value, and a private estate with my account.</p>
<p>But at Bragg vs Linden Lab issue; I remember this issue; Linden Lab was right. Bragg had used illegal ways to hack auction system. He was aware of what he was doing was illegal.</p>
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		<title>By: Benjamin Duranske</title>
		<link>http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-6462</link>
		<dc:creator>Benjamin Duranske</dc:creator>
		<pubDate>Sat, 25 Aug 2007 23:50:29 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-6462</guid>
		<description>@4 - Ordinal, no, there&#039;s absolutely no requirement at this point that Linden Lab provide all these documents.  What happens next is that Linden Lab will respond to each of these requests within 30 days by either stating they will produce documents or by objecting (and in some cases, objecting to part of the request and agreeing to produce documents in response to another part).  Then, if Bragg feels either a) that the objections are inappropriate, or b) that the documents that show up aren&#039;t everything he is &lt;em&gt;really&lt;/em&gt; owed, the lawyers will talk about it and will either reach some compromise or, that failing, fight about it in front of the judge in the context of a &quot;motion to compel&quot; filed by Bragg.  If -- and only if -- Bragg prevails in a motion to compel and the court orders production, only then is Linden Lab actually &lt;em&gt;obligated&lt;/em&gt; to produce these documents.

That all said, there is definitely Linden Lab&#039;s attorneys are under an obligation not to object frivolously and to comply with facially reasonable requests.  But I&#039;d be extremely surprised if Linden Lab complied with a few of these (particularly #110) without putting up a significant fight.</description>
		<content:encoded><![CDATA[<p>@4 &#8211; Ordinal, no, there&#8217;s absolutely no requirement at this point that Linden Lab provide all these documents.  What happens next is that Linden Lab will respond to each of these requests within 30 days by either stating they will produce documents or by objecting (and in some cases, objecting to part of the request and agreeing to produce documents in response to another part).  Then, if Bragg feels either a) that the objections are inappropriate, or b) that the documents that show up aren&#8217;t everything he is <em>really</em> owed, the lawyers will talk about it and will either reach some compromise or, that failing, fight about it in front of the judge in the context of a &#8220;motion to compel&#8221; filed by Bragg.  If &#8212; and only if &#8212; Bragg prevails in a motion to compel and the court orders production, only then is Linden Lab actually <em>obligated</em> to produce these documents.</p>
<p>That all said, there is definitely Linden Lab&#8217;s attorneys are under an obligation not to object frivolously and to comply with facially reasonable requests.  But I&#8217;d be extremely surprised if Linden Lab complied with a few of these (particularly #110) without putting up a significant fight.</p>
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		<title>By: Ordinal Malaprop</title>
		<link>http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-6456</link>
		<dc:creator>Ordinal Malaprop</dc:creator>
		<pubDate>Sat, 25 Aug 2007 21:43:41 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-6456</guid>
		<description>Well, I didn&#039;t comment on this earlier, but: is there any requirement on the defendant to actually produce this stuff? I assume that from what you say regarding the other side sending over only what they think is relevant that this is really just a request with no intrinsic force.

The above, if taken seriously, would be an absolutely insane amount of material. I&#039;m also thinking about confidentiality issues here. If I were named above, and LL provided details of my correspondence with them to Bragg which were not directly mandated by the courts and which I considered broke agreements, would I then have a case? Obviously it isn&#039;t an issue for me, given my not-buying-any-sims status, but I wouldn&#039;t be surprised if somebody like Anshecorp had a severe problem with such practices.</description>
		<content:encoded><![CDATA[<p>Well, I didn&#8217;t comment on this earlier, but: is there any requirement on the defendant to actually produce this stuff? I assume that from what you say regarding the other side sending over only what they think is relevant that this is really just a request with no intrinsic force.</p>
<p>The above, if taken seriously, would be an absolutely insane amount of material. I&#8217;m also thinking about confidentiality issues here. If I were named above, and LL provided details of my correspondence with them to Bragg which were not directly mandated by the courts and which I considered broke agreements, would I then have a case? Obviously it isn&#8217;t an issue for me, given my not-buying-any-sims status, but I wouldn&#8217;t be surprised if somebody like Anshecorp had a severe problem with such practices.</p>
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		<title>By: Benjamin Duranske</title>
		<link>http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-6286</link>
		<dc:creator>Benjamin Duranske</dc:creator>
		<pubDate>Fri, 24 Aug 2007 17:59:17 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-6286</guid>
		<description>Sticking with my policy on not commenting on tactics in active suits is hard in answering your question, Wrath, but I can at least tell you what I have done in the past with respect to document requests.

I generally do not file document requests that are as broad as #110.  I&#039;ve found they just don&#039;t accomplish much, and unnecessarily annoy the lawyers on the other side.  That said, there&#039;s a reasonable argument for doing so -- basically, you take the most extreme position you can plausibly take, and so does the other side, and it works itself out because you&#039;re both doing what is called &quot;positional bargaining.&quot;

I, personally, dislike litigating that way and I try to find middle ground on issues like this fairly early on.  I have typically had good working relationships with opposing counsel, though, and that may not be true here.  Since I don&#039;t know the personalities involved, I&#039;m not sure if working things like this out is possible or not (and the fact that &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://virtuallyblind.com/2007/07/17/bragg-update-rule-26/&quot; rel=&quot;nofollow&quot;&gt;they couldn&#039;t agree on a Rule 26(f)&lt;/a&gt; report earlier leads me to believe it might not be).

Anyway, what usually happens with requests like #110 is this: the other side sends over the documents that it thinks the court would hold are relevant to the current suit.  Then, if the guy who made the requests feels he is &lt;em&gt;really&lt;/em&gt; entitled to more, he has to move to compel (basically, ask the court to make them produce the rest of the documents).

As for the motivation for request #110, there&#039;s no class action potential here as Bragg is uniquely situated, and moreover, you don&#039;t need the names of everyone to do that anyway.  My guess is that it&#039;s just a longshot attempt to get Linden Lab to send over two trucks of documents that Bragg could then point to as evidence that they &quot;sold&quot; (e.g. transferred ownership) of a lot of virtual land -- a key issues since Linden Lab is claiming it just leased server space when it &quot;sold&quot; land.  The other way to look at it is somewhat critical: requiring Linden Lab to actually collect all of that data would probably be expensive and time consuming.  Given that there were over one hundred document requests (and I&#039;m reminded that I&#039;ve been involved in multi-million dollar patent suits with fewer) some might think that was the intent.  There&#039;s no real way to know Bragg&#039;s motivation, of course, but it&#039;s certainly not for class action purposes, and the only two possibilities I can come up with off the top of my head are the two I named above.</description>
		<content:encoded><![CDATA[<p>Sticking with my policy on not commenting on tactics in active suits is hard in answering your question, Wrath, but I can at least tell you what I have done in the past with respect to document requests.</p>
<p>I generally do not file document requests that are as broad as #110.  I&#8217;ve found they just don&#8217;t accomplish much, and unnecessarily annoy the lawyers on the other side.  That said, there&#8217;s a reasonable argument for doing so &#8212; basically, you take the most extreme position you can plausibly take, and so does the other side, and it works itself out because you&#8217;re both doing what is called &#8220;positional bargaining.&#8221;</p>
<p>I, personally, dislike litigating that way and I try to find middle ground on issues like this fairly early on.  I have typically had good working relationships with opposing counsel, though, and that may not be true here.  Since I don&#8217;t know the personalities involved, I&#8217;m not sure if working things like this out is possible or not (and the fact that <a href="http://virtuallyblind.com/2007/07/17/bragg-update-rule-26/"rel="nofollow" target="_blank"  rel="nofollow" >they couldn&#8217;t agree on a Rule 26(f)</a> report earlier leads me to believe it might not be).</p>
<p>Anyway, what usually happens with requests like #110 is this: the other side sends over the documents that it thinks the court would hold are relevant to the current suit.  Then, if the guy who made the requests feels he is <em>really</em> entitled to more, he has to move to compel (basically, ask the court to make them produce the rest of the documents).</p>
<p>As for the motivation for request #110, there&#8217;s no class action potential here as Bragg is uniquely situated, and moreover, you don&#8217;t need the names of everyone to do that anyway.  My guess is that it&#8217;s just a longshot attempt to get Linden Lab to send over two trucks of documents that Bragg could then point to as evidence that they &#8220;sold&#8221; (e.g. transferred ownership) of a lot of virtual land &#8212; a key issues since Linden Lab is claiming it just leased server space when it &#8220;sold&#8221; land.  The other way to look at it is somewhat critical: requiring Linden Lab to actually collect all of that data would probably be expensive and time consuming.  Given that there were over one hundred document requests (and I&#8217;m reminded that I&#8217;ve been involved in multi-million dollar patent suits with fewer) some might think that was the intent.  There&#8217;s no real way to know Bragg&#8217;s motivation, of course, but it&#8217;s certainly not for class action purposes, and the only two possibilities I can come up with off the top of my head are the two I named above.</p>
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		<title>By: Wrath</title>
		<link>http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-6264</link>
		<dc:creator>Wrath</dc:creator>
		<pubDate>Fri, 24 Aug 2007 14:22:04 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-6264</guid>
		<description>Wow, does Bragg think he will need all that information to help his case, or does he just want to make public all of Linden Lab&#039;s business?   

&quot;real name, last known address&quot; for all those Lindens?  

As well as &quot;Documents sufficient to identify each purchaser of virtual land from Defendant Linden&quot;?  Seems like that would be a long list, is he planning on filing a class action suit? Why would he need to know the identity of people purchasing virtual land years later?</description>
		<content:encoded><![CDATA[<p>Wow, does Bragg think he will need all that information to help his case, or does he just want to make public all of Linden Lab&#8217;s business?   </p>
<p>&#8220;real name, last known address&#8221; for all those Lindens?  </p>
<p>As well as &#8220;Documents sufficient to identify each purchaser of virtual land from Defendant Linden&#8221;?  Seems like that would be a long list, is he planning on filing a class action suit? Why would he need to know the identity of people purchasing virtual land years later?</p>
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		<title>By: csven</title>
		<link>http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-6113</link>
		<dc:creator>csven</dc:creator>
		<pubDate>Thu, 23 Aug 2007 19:07:29 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/08/23/bragg-update-doc-requests/#comment-6113</guid>
		<description>He should check avatar names for spelling.

Interesting, tho. I&#039;m especially curious about the documents that went to investors. Those might prove enlightening.</description>
		<content:encoded><![CDATA[<p>He should check avatar names for spelling.</p>
<p>Interesting, tho. I&#8217;m especially curious about the documents that went to investors. Those might prove enlightening.</p>
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