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  #11  
Old 07-05-2017, 04:32 PM
TheHuckster TheHuckster is offline
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Quote:
Originally Posted by Andrew B View Post
If this was someone's customer on CS, we'd be recommending it for a war story. If anyone believed it.
Suddenly, Vinegar Boy seems so much more credible now.
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  #12  
Old 07-07-2017, 02:15 PM
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EricKei EricKei is offline
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Quote:
Originally Posted by Andrew B View Post
If this was someone's customer on CS, we'd be recommending it for a war story. If anyone believed it.
*gasp* Are you suggesting that there might be some epic stories over at CS that might not be 100% accurate? For shame! Such a scandal! That could never happen!

Juuuust kidding. Indeed, you are probably correct. At least this one has backup for it in the form of written documentation -- most of which was supplied by Mme. Mauer herself Have no fear, our bullshit detectors are, for the most part, reasonably functional.

======================================

Latest stuff in the happy fun time case: https://www.youtube.com/watch?v=WXhx7r1nqgI

Summary:

- Mauer has been formally served court papers as of last night/this morning; she has 21 days to formally respond (she asked what that means/how to do so)

- French (the attorney for the Plaintiff who is suing her, Imagos) has offered (presumably on their behalf) to drop the case in exchange for immediately reversing ALL of the copyright/DMCA strikes she has issued (and presumably a written promise to knock it the hell off going forward).

- French strongly recommended that Mauer seek legal representation. She said that she will be representing herself. Probably not a wise move on her part.

- At least one YT channel has now been confirmed to have been wiped off of the map because of all of this, buuuuut...

- YT has finally wised up, and sent Mauer at least one warning that they suspect that a recent DMCA claim on her part may be fraudulent. She has 7 days to respond before getting her account summarily terminated. They have also, to their credit, decided NOT to comply with the 7 or so additional DMCA claims she filed in the past few days.
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  #13  
Old 07-07-2017, 08:06 PM
s_stabeler s_stabeler is offline
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To be fair, I'm 99% sure YT can restore the channel. DMCA notices don't result in the video's page being removed- the video itself is replaced by the notice the video's not available. That doesn't mean the file is gone- it'll just be flagged to not be displayed in whatever countries are at issue. However, I don't know if channels are handled a similar way- they may be irretrievable.
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  #14  
Old 07-08-2017, 04:20 PM
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EricKei EricKei is offline
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Perhaps I should clarify.

When we're talking about DMCA *notices*, what you said is 100% correct. Under these, a video can either be taken down, or the video can remain up, with the money from any ads possibly going to the claimant. (This may have recently been changed to a "money goes into escrow until the facts are settled" arrangement, I am unsure -- under the old system, it meant that the claimants could get 2-3 weeks of free ad money even without any proof beyond their word).

The thing is, Mauer has issued DMCA *strikes* instead. These are much more severe, and having three of them at once normally results in a channel automatically being banned and deleted. Mauer issued the strikes knowing that this could be a potential consequence of her actions. Note, also, that strikes require that the issuer e-sign a document saying that they are the actual copyright holder, under penalty of perjury if they're not telling the truth.

In both cases, if the video producer disputes the claim (meaning, "a Notice or a Strike"), the claimant has a certain amount of time to respond with proof (2-3 weeks?) before the video is restored as normal. In the "notice" case, the claimant still keeps the money (unless this has changed to escrow style).

As for restoring a deleted account -- Yeah, I certainly hope YT DOES have a way of backing up the account before deletion, but, I've never heard of them actually doing so. Due to the severity of international copyright laws, YT basically has to err on the side of caution, resulting in the video producers being considered "guilty until proven innocent" so that YT *themselves* won't end up in legal trouble for failure to enforce the DMCA provisions.

TB's take on YT DMCA Strike Abuse. from some time back: https://www.youtube.com/watch?v=QfgoDDh4kE0
==================

Today's update:

At least one channel's strikes have been reversed, which Mauer says she called for. Dunno about the other 70+. SidAplha video below. The vid also includes a (text only) update saying that Mauer has now threatened to sue SidAlpha himself -- Also, Mauer either sent him a Strike, or threatened to do so, over him having a video with a redacted email that had a redacted image of her birth certificate that she, herself, sent out publicly (and it's a public domain document anyway).

https://www.youtube.com/watch?v=eq8zd82MqwU
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Last edited by EricKei; 07-09-2017 at 01:19 PM.
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  #15  
Old 07-09-2017, 02:39 PM
s_stabeler s_stabeler is offline
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Quote:
Originally Posted by EricKei View Post
Note, also, that strikes require that the issuer e-sign a document saying that they are the actual copyright holder, under penalty of perjury if they're not telling the truth.
actually, a DMCA notice ALSO requires you declare under penalty of perjury that you are the actual copyright owner (or at least that you have a good faith belief you are)

Quote:
Originally Posted by EricKei View Post
As for restoring a deleted account -- Yeah, I certainly hope YT DOES have a way of backing up the account before deletion, but, I've never heard of them actually doing so. Due to the severity of international copyright laws, YT basically has to err on the side of caution, resulting in the video producers being considered "guilty until proven innocent" so that YT *themselves* won't end up in legal trouble for failure to enforce the DMCA provisions.
that's not actually strictly true. the DMCA requires you take down the content on receipt of a valid DMCA notice, yes, but deletion of the account is a matter of Youtube policy. They are required to follow their copyright policy though. (that is, if they say they will delete accounts that receive 3 DMCA strikes, they have to. If they change the policy, they no longer have to.
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  #16  
Old 07-10-2017, 02:05 PM
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EricKei EricKei is offline
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Latest update from French (the attorney on Imagos' side), showing the formal complaint:

https://www.youtube.com/watch?v=IF1jZ4ompUU

--------------------

On account takedowns -- Indeed. I was referring to YT's summarily taking down the affected videos themselves.

-------------------

A brief overview of the DMCA and how YT deals with it: https://www.youtube.com/watch?v=ViGdap10YDk

==============

WED AM:

OK, now this is just getting sad. It turns out that Mauer rescinded all of her YT DMCA strikes...only to re-issue them (presumably one at a time) shortly thereafter. Ya see, something YT does these days (which may be a recent change) is to have it so that, if multiple videos get Strikes from a single source all at once, it just counts as one Strike. Thus, she redid them, apparently in an attempt to get them counted as multiple Strikes against each of the channels. So, now, instead of one or two channels at 2 Strikes out of 3, it's more like 50 or 60. This has now progressed beyond her intention of blackmail, and into the realm of pure malice. Sad.

https://www.youtube.com/watch?v=tB272wsWfrg

==============

FRI AM:

https://www.youtube.com/watch?v=KER7...utu.be&t=4m48s

Mauer has been served with a Restraining Order requiring her to stop DMCA'ing anything related to Starr Mazer, and to do what she can to rescind the existing ones. It seems that she has hired, and soon thereafter, fired, an attorney in this Case.

On a side note, she's begun going after River City Ransom Underground, as well.
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Last edited by EricKei; 07-14-2017 at 10:10 AM.
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  #17  
Old 07-19-2017, 03:00 AM
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Talon Talon is offline
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In other news, both Destructiod and surprisingly Ars Technica have royally dropped the ball with poorly-researched articles that appear to paint Alex Mauer as the victim in all this. Neither article made any mention of the 70+ frivolous DMCA claims, or the fact that Mauer made death threats. The comments on the Ars Technica article are better researched than the original author.

Destructoid first removed their comments section, then tried to claim their article was only an "opinion" piece. Ars Technica has now made, in my opinion, a rather tepid correction, with 1 paragraph referring to "questionable" behaviour by Mauer.

Good job folks

I'll not link to either article. See Sid Alpha's coverage on this:
The Ars Technica fumble
Destructiod drops the ball
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Last edited by Talon; 07-19-2017 at 03:06 AM.
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  #18  
Old 07-19-2017, 09:45 PM
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EricKei EricKei is offline
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Yup. I saw both I just figured I'd been dropping enough links in a row here as-is, and their shoddy attempts at journalism kinda depressed me -_-

As mentioned above, Mauer fired her attorney almost immediately. Apparently, he didn't say what she wanted to hear. She is STILL referring to Valve and YT blocking her DMCA takedown requests as a glitch in either their system, or in their people.

==================

Friday night update:

French streamed for a couple more hours with updates and legal details: https://www.youtube.com/watch?v=P6DFhcaNQpY

He ended with 15 mins or so of him playing Starr Mazer: DSP (new soundtrack) (it's back on Steam)

The game devs for Starr Mazer: DSP were on-stream with him for a good chunk of time

Highlights:
- He officially has a TRO (temporary restraining order) against Mauer. She and her lawyer (during the very VERY short time she had him employed) sent a letter stating that she would be willing to leave people alone without the court order. French responded with (basically) "We need the court order to enforce this," which worked. Mauer promptly shitcanned her attorney.
- Mauer asked for a time extension to get her legal Responses in order (she has said that she has no idea how to do this), and to possibly get a new attorney. She has a month or so to do that, followed by another month to get ready for court. French says that this is an unusually long amount of time, and it looks like the judge may just be giving her enough rope to hang herself. French suggests that this may be a GOOD thing for his side -- gives him more time to dig up precedent.
- As an example of just that -- he went over a very very recent copyright case where the Plaintiff basically had no leg to stand on, and the judge gave him a legal/verbal asskicking...in formal judicial terms, of course.
- Meantime, she's gone after River City Ransom Underground, among others
- SidAlpha joined the chat in the last half hour or so, and was promptly set upon by someone (else) who has been threatening HIS channel. Expect a video response to that shortly.
- Someone in chat suggested that one of those wayward reporters you mentioned (unsure if it was Kotaku or ArsTechnica) has now been relieved of their position.

Saturday:

- SidAlpha's video is up. Apparently, a troll who goes out of their way to insist that a) their name will not be found online and b) they they are NOT Alex Mauer/not associated with her in any way, has made overt threats to issue DMCA claims/strikes against SidAlpha. https://www.youtube.com/watch?v=pcyVdDyOUX8
- Said troll has already issued claims against Mauer.
- This doesn't sound suspicious at all, now does it? People are obviously already suspecting Mauer to be the culprit here, in disguise, but only time will tell.

Sunday:

- SidAlpha on the case and RCR/Conatus: https://www.youtube.com/watch?v=SVBgzh8ndLA

Saturday (7/29):

- RCR is back up on Steam, so now Mauer arranged to have their YT channel shut down. https://www.youtube.com/watch?v=oTAYXV_Y5rM
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Last edited by EricKei; 07-29-2017 at 11:37 PM.
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  #19  
Old 08-02-2017, 12:05 PM
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EricKei EricKei is offline
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And here I was thinking (and hoping) that we'd have a month or two's respite from this before anything noteworthy came up. Seems not.

Mme. Mauer just recently issued a couple more takedown strikes (of the "3 and your channel gets deleted" variety, like what she did to RCR/Conatus) -- in such a way that MAY be a violation of her restraining order: https://www.youtube.com/watch?v=xVXvaVtuNJU
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  #20  
Old 09-27-2017, 10:05 PM
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EricKei EricKei is offline
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Minor update -- Having been given a three two-month extension so that Mauer could hire an attorney and get her case properly organized, she has let this time expire with no apparent attempt to follow up. The Plaintiffs are now seeking Summary judgment as a result.


Linking to SM's summary video, as I'm assuming most folks have less tolerance than I do for hour-long streams (by French, the plaintiff's attorney) -- https://www.youtube.com/watch?v=SYQqGkhdt-M

Update to the update -- About 3 hours after the Motion for Summary Judgment was filed and served to Ms. Mauer, she responded via email. Whether the judge accepts it is to be seen.

Update to....you know >_> Apparently, her email to the judge expressed Mauer's amazement that he would accept the Settlement -- which she and the defendant signed -- at all rather than shooting it down (...Why would he? Could he have??) -- And, in the course of so doing, she called the judge an "idiot." Way to go, Alex, way to go...
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Last edited by EricKei; 12-02-2017 at 07:59 PM.
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