I recently got an alert that a law suit had been filed against Linden Labs (LL). It seems that the person who filed the suit didn’t get that alert.

After filing a complaint, in the District Court for the Eastern District of Pennsylvania, that alleged “illegal distribution of Plaintiff’s intellectual property in violation of his rights under the Digital Millennium Copyright Act (“DMCA”)” back in April of this year, Corey Fahy (the plaintiff) seems to have forgotten about it. Corey alleged that LL used an algorithm that he created for his Cool VL Viewer without his knowledge or consent, but it seems that he forgot to serve the company notice of the law suit.
When the court issued a Show Cause Order, an order requiring Corey to explain why he didn’t serve LL, he never responded. The court then ordered him to a hearing, which he missed. The court dismissed the case, but was nice enough to do so in a way that would allow him to file again after he got a day planner.
Interestingly enough, if Corey had shown up with some good cause for not serving LL, or proof that he had, he would have been able to continue his suit. Federal Rule of Civil Procedure 4(m) requires a court to extend time to serve a defendant if the plaintiff can show good cause. Lucky for Corey no harm was done, and maybe we will see him back in court on a later day.

Fahy v. Linden Research, Inc., 2010 U.S. Dist. LEXIS 109591