Kenzo rejects settlement offer in copyright dispute
By Eric Reuters
Thomas Simon (Second Life: Rase Kenzo), the defendant in a virtual goods copyright infringement lawsuit, has taken a pass on a US$7,000 settlement offer, he told Reuters on Tuesday.
Frank Taney, lawyer for the Second Life merchants who accuse Simon of illicitly copying their products, confirmed the amount.
“I’m not paying them seven thousand,” Simon said. “I don’t even have seven thousand.”
The offer provides US$2,000 of compensation to the six co-plaintiffs, and US$5,000 in legal fees for their counsel. Simon said the dispute erupted over goods worth a total of US$525.
Since the case was filed, Simon has been on an unsuccessful quest to find a lawyer who will represent him pro bono. He said he’s unable to afford counsel.
Simon said he didn’t want to repeat the mistakes of Robert Leatherwood, who risked a default judgment by ignoring court deadlines. “The court clerk sent me papers on how to respond to the complaint myself, and that’s how I’m going to handle it,” Simon said.
Simon wrote to the court asking for a postponement. “They’ll tell me how much more time I have to find a lawyer,” Simon said. “I could have two weeks, or I could have two months.”
Taney hopes for a more aggressive litigation schedule, and has only agreed to an extra two weeks. “If he wants an open-ended extension, that’s something we’ll oppose,” Taney said. “Likely, after 14 days if I don’t hear a response, I’ll apply for a default.”
