Star Mazer DSP DMCA Controvery

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#27
Some important Updates in the Imagos Softworks v Alex Mauer Case https://www.pacermonitor.com/public/case/21848977/IMAGOS_FILMS,_LLC_et_al_v_MAUER

Yesterday, Leonard French filed a motion for a Temporary Restraining order to block Alex Mauer from continuously resubmitting DMCAs without a court order https://leonardjfrench.com/2017/07/12/application-temporary-restraining-order/
And just now, French has updated that she has hired an attorney and has requested a continuance of the Temporary Restraining Order hearing which was scheduled for July 13th. He has offered reassurances that she will not issue new DMCA takedowns or take action on existing DMCA takedowns. https://www.gofundme.com/starr-mazer-legal-support French has now increase the GoFundme to $25K - so this will be going through long haul.

[doublepost=1499966414,1499917740][/doublepost]MASSIVE UPDATE_

Today, Honorable Judge Berle M. Schiller has granted the Temporary Restraining order for the Plaintiff.

ORDER RE [#5] PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER: (1) DEFENDANT SHALL NOT ISSUE FURTHER COPYRIGHT CLAIMS OR TAKEDOWN NOTICES, INCLUDING DIGITAL MILLENNIUM COPYRIGHT ACT TAKEDOWN NOTICES, FOR ANY WORK RELATED TO STARR MAZER; (2) DEFENDANT SHALL TAKE NECESSARY STEPS TO RESCIND TAKEDOWN NOTICES CURRENTLY PENDING RELATING TO STARR MAZER; (3) DEFENDANT SHALL REFRAIN FROM MAKING THREATS OF HARM AND PHYSICAL VIOLENCE AGAINST PLAINTIFFS AND PLAINTIFFS' LAWYER; (4) PLAINTIFF SHALL POST BOND IN AMOUNT OF $100 ON OR BEFORE JULY 17, 2017; (5) COURT WILL CONDUCT A HEARING ON PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER ON WEDNESDAY, JULY 19, 2017 AT 9:30 A.M. IN COURTROOM 13B. SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/13/17. 7/13/17 ENTERED AND COPIES E-MAILED. (jp, )

According to SidAlpha, she has now fired her Attorney, the 5th she let's go, according to Musical Anti Hero, both who had followed the case and victims of Mauer's false DCMA-ing themselves at various points.
https://twitter.com/SidAlpha/status/885523189564030977
https://twitter.com/QuantanamoBay4K/status/885541776529993728
[doublepost=1500093595][/doublepost]Mauer has filed a memorandum to Judge Schiller to withdraw her Attorney, Frank Mazzeo. https://www.pacermonitor.com/public/case/21848977/IMAGOS_FILMS,_LLC_et_al_v_MAUER
 
Apr 26, 2007
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#29
It looks like Destructoid, Jonathan Holmes included, has backtracked a little bit in their posting about the whole controversy. As of two hours ago, the article has been edited a number of times by Mr. Holmes himself and his editor to seemingly correct themselves.

The editor has made an attempt to somewhat distance the site from Holmes' article by pressing that it is an opinion piece.

Niero said:
Destructoid is a multi-author blog. This story in particular was an opinion piece that should not have appeared on our home page, but instead on Mr. Holmes's personal blog. We stand by Holmes in that he should always write from his gut, but that doesn't mean Destructoid endorses any part of this editorial. There's two sides to every story, and that's become very apparent here as more sources come forward. This is a story that is still developing and requires more investigation.
Meanwhile, Holmes has made at least two edits to the original article, whereby he's collecting his thoughts, a bit, and making what looks like a halfhearted apology, of sorts.

Jonathan Holmes said:
So to be clear, I was not looking to take any "side" in this story, but I see how that it appeared that I did, and again, apologize. I sympathize with Ms. Mauer, who seems to truly believe that her copyrights were infringed on, but I also sympathize with the people that she has threatened, who I hope have taken appropriate legal action in the face of being threatened. I also sympathize with Youtubers who's channels were taken down, and of course, the developers who's work, which took years to create, is being put at risk by all this. It is an ugly situation, one that you'll note that most game blogs have refrained from covering. That's not only because it's so ugly, but also because it's a minefield of inescapable he-said she-said drama.

I do not want to get involved with the drama, but it's too late for that. So instead, I'll again say that I hope that the legal system sorts this situation out fast so that any parties who have engaged in criminal behavior meet the appropriate consequences, the Youtubers can get their channels back, the games can go back up on Steam, and everyone can go on with their lives.
All of this can be read in the actual article, linked here.

My $0.02 on Holmes' coverage of this is that, simply put, he drew conclusions without assessing all the facts. Assuming what he said in his article is true and he picked this up randomly on Twitter, I don't think he did enough research on what was going on -- namely by approaching only Alex Mauer for their take on this, and not others (e.g., RCR's devs, Leonard French).
 
#30
Sir Tap Tap, one of the many Youtubers hit with Mauer's false DMCA harassment, has posted a Timeline of the whole Debacle as best as anyone can up to date on his site https://sirtaptap.com/2017/07/an-objective-timeline-of-the-alex-mauer-dmca-debacle/#more-2984
[doublepost=1500353658,1500254584][/doublepost]Motion to withdrawn Frank Mazzeo as Mauer's attorney has been granted - the Special hearing for the 19th still goes on schedule https://www.pacermonitor.com/public/case/21848977/IMAGOS_FILMS,_LLC_et_al_v_MAUER
 
Apr 26, 2007
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#31
Someone who claims to know Mauer from the chiptune community recently posted this, on another online community.

https://ia601501.us.archive.org/29/items/gov.uscourts.paed.532041/gov.uscourts.paed.532041.12.0.pdf

Dino Lionetti, a music collaborator for Imagos, just submitted this document to the courts. In a signed statement asserting the legitimacy of what he's giving the courts (under penalty of perjury or being held contempt, most likely), he's submitting screenshots of a text message conversation he had with Mauer. In said conversation, she openly admits to him that she's wasting everyone and the court's time with the intention of running up legal expenses for the prosecution. She also talks about using various documents, like her 1099's, to either prove she wasn't paid or to try and make Imagos 'self incriminate' themselves.

I doubt this will shut the case in French and Imagos' favor, but this sort of thing could get Mauer held in contempt of court or, at the very least, weaken her argument in court due to bad faith.
 
#32
Someone who claims to know Mauer from the chiptune community recently posted this, on another online community.

https://ia601501.us.archive.org/29/items/gov.uscourts.paed.532041/gov.uscourts.paed.532041.12.0.pdf

Dino Lionetti, a music collaborator for Imagos, just submitted this document to the courts. In a signed statement asserting the legitimacy of what he's giving the courts (under penalty of perjury or being held contempt, most likely), he's submitting screenshots of a text message conversation he had with Mauer. In said conversation, she openly admits to him that she's wasting everyone and the court's time with the intention of running up legal expenses for the prosecution. She also talks about using various documents, like her 1099's, to either prove she wasn't paid or to try and make Imagos 'self incriminate' themselves.

I doubt this will shut the case in French and Imagos' favor, but this sort of thing could get Mauer held in contempt of court or, at the very least, weaken her argument in court due to bad faith.
WOW!!! THIS won't be good for her and I can't wait for the Judge's decision in a few hours from now, cause Mauer has a lot of explaining to do ... and she thought it would be smart idea to remove her attorney in a desperate bid to delay the process.
[doublepost=1500472165,1500446736][/doublepost]Update from Leonard French - TRO has been sustained, Mauerr has 30 days to find an Attorney to respond to the Complaint https://twitter.com/leonardjfrench/status/887668661154131973

*EDIT*
A much clear definition of what happened on the hearing - Mauer has until Aug. 21 to find a Lawyer to defend her and is given until September 25th to file and answer to the Plaintiff's complaints.

Also _Minute Entry for proceedings held before HONORABLE BERLE M. SCHILLER Hearing held on 7/19/17 (jaa, )

https://www.pacermonitor.com/public/case/21848977/IMAGOS_FILMS,_LLC_et_al_v_MAUER
[doublepost=1501631847][/doublepost]Alex Mauer seems to had violated the restraining order and she was dumb enough to Tweet it https://twitter.com/shawnphase/status/892475341981306882

Also she changed her name to essentially gibberish, showing the kinna DMCA troll she really is.
 
Apr 26, 2007
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#34
If I remember reading the temporary restraining order, it said that Miss Mauer was legally prohibited from ordering DMCA strikes against videos about Star Mazer DSP. Assuming this is the case, that means Mauer can still place DMCA strikes, but they can't be placed on videos about Star Mazer DSP.

The problem, here, is that Mauer might be carpet-bombing people with these strikes on videos related to other games (such as River City Ransom Underground), which is technically allowed per the TRO. If French wants to get Mauer on the hook for violating the TRO, they need to prove that it's videos about Star Mazer DSP and not, say, RCRU or another game.
 
#35
If I remember reading the temporary restraining order, it said that Miss Mauer was legally prohibited from ordering DMCA strikes against videos about Star Mazer DSP. Assuming this is the case, that means Mauer can still place DMCA strikes, but they can't be placed on videos about Star Mazer DSP.

The problem, here, is that Mauer might be carpet-bombing people with these strikes on videos related to other games (such as River City Ransom Underground), which is technically allowed per the TRO. If French wants to get Mauer on the hook for violating the TRO, they need to prove that it's videos about Star Mazer DSP and not, say, RCRU or another game.
The video in question that was recently claimed was exclusively music she made for Star Mazer. It was a concert performance with her and her (probably now former) friend at 8static. There is the possibility this was filed because it featured her before her transgender surgery, but it also featured the drummer, who posted the video, so he's still in his legal right to post it. And because it has Star Mazer content, this could violate her TRO. And since this was filed using the same email address used on her other DMCA takedowns, including her attempt on SidAlpha, this is indeed her filing it.

Speaking of, SidAlpha posted a video on this already.
 
#37
Apparently, you can now file a case against Alex through the FBI.
[doublepost=1506747395,1502208450][/doublepost]Well... Things got a little more complicated.

To be honest, I'm getting a sense of déjà vue. Because the response seems very similar to how Digital Homicide responded to Jim Sterling.
 
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#39
From Musical Anti Hero, The case against Mauer has been dismissed, as both sides have agreed to a settlement - in return, Mauer will stop the attacks on Imagos, Don Thacker and Leonard French, as well will seize and desist filing DMCAs. Leonard French will have a live-stream on his YT channel with Don Thacker explaining the matter Dec.1rst.
 
#43
Update from Leonard - Judge has set a new hearing on Mauer case Dec. 18th. Seems Mauer has been sending a flood of calls to the Court Clerk and the Judge seems to have gotten tired of the whole situation.
[doublepost=1513618096,1512602000][/doublepost]Update from Leonard on the Special Hearing that took place today with Judge Schiller.