Look, at this point, you shouldn’t be surprised. It’s another week, and therefore we have more DMCA claims. Now, there’s a lot of information floating around right now, including accusations that Alex has violated the TRO that’s active from the Imagos versus Alex Mauer trial. But let’s start simple: with the screenshots that Alex put out via twitter on August 1st, 2017 and on July 31st, 2017.
These videos have been taken offline by Mauer based on the game River City Ransom: Underground. While the developers have removed the music from the game at this point and want to get as far from Alex Mauer as possible despite seemingly owning the copyright on the music in question, prior videos are still getting hit by Mauer with these latest set of claims. What’s notable here, however, is that the biggest name within these lists is UpUpDownDown, a gaming channel run by Austin Creed. If you don’t know who Austin Creed is, you may know him by his wrestling name: Xavier Woods, part of the WWE Smackdown Tag Team Champions, the New Day. That’s right, one of the channels here is owned by someone within the WWE (World Wrestling Entertainment), and probably has the funds/legal power to fight these claims with a whole lot of strength. I have reached out to the UpUpDownDown team to confirm the video was taken down via a DMCA, and hope to get more information as time progresses.
However, things now get a bit more complicated: because in the latest wave of DMCAs, it looks like Alex Mauer has issued a strike against a 2015 8staticfest performance that included music made by Mauer… music that’s used in the Starr Mazer brand. TechRaptor has received a copy of the video in question that was on the channel, but for the purposes of this article (and more DMCA claims that could take it down), will not be posting it here until further notice. The strike is on a channel owned by Shawn Phase, who provided SidAlpha a copy of the video as well as some information about the strikes put on his channel. He is a musician who performed with Mauer at 8staticfest 2015, and has worked and been friends with Alex at one time.
While the TRO mentioned in previous articles does not cover the second video due to being related to River City Ransom: Underground, the first strike in the image above is a different story. The video in question does seem to have Starr Mazer music within the performance, including Phase and Mauer performing the music live for the crowd. Now timeline wise, it should be noted that this includes footage of Alex before her transition as well as before the problems that she started to have with Imagos Softworks. As mentioned in previous articles, the Alex Mauer from then is completely different from the Alex Mauer we know of today.
However, it doesn’t matter, as the TRO clearly states in its first point: “Defendant shall not issue further copyright claims or takedown notices, including Digital Millenium Copyright Act takedown notices, for any work related to Starr Mazer.” While it’s up to a judge to determine what truly violates this restraining order and whether or how to rule in contempt of court against the defendant, Alex may find herself in deep legal trouble in the upcoming days, including fines and jail time depending on the Judge’s discretion.
We have reached out to Leonard French, the lawyer who applied for the restraining order on behalf of Imagos Softworks, to get his legal analysis on Mauer’s recent actions, and what possible issues that Mauer may have run into in this DMCA. When we get his response, we will update the article to include any more information useful to determining the consequences of Mauer’s actions.
On a completely separate note, Conatus Creative’s Youtube channel seems to have been restored. It was taken off of YouTube due to the claims that Mauer made against the channel over the past few weeks, but it looks like the claims against the channel have been overturned.
Update 8/2/2017 + Update 3 4/2/2017: Alex Mauer has responded to my questions, indicated that she was behind the DMCA claim made on Shawn Phase’s video, and she absolutely believes in her own words: “DMCA absolutely does not violate the TRO” held against her. In addition, Alex Mauer indicated in a follow up email more reasoning surrounding the DMCA of the 8static portion: “It was a video of myself performing my original compositions live. I specified the time stamps specifically excluding the Starr Mazer related songs.” The claim here is that she’s make the DMCA claim against the other work with the video in question, not the Starr Mazer specific songs. This claim means that the claim wants necessarily against the Starr Mazer work in question. Whether that violates the TRO as written is up to the judge to decide.
Update 2 8/2/2017: Alex has posted even more DMCAs made on channels playing River City Ransom: Underground listed in the picture below. It seems for the time being, the DMCAs will continue.
Previous Alex Mauer Saga stories: