• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

Starr Mazer composer issues YouTube copyright takedowns on videos with her music

Status
Not open for further replies.

Falk

that puzzling face
Another update from SidAlpha

It seems that Mauer has no idea how to use Google, as she made a claim that he was able to refute in 37 seconds.

In good news, it seems that some of the DMCA are being counterclaimed immediately (SidAlpha believes Youtube Gaming was involved) and Leonard French is going represent Imagos in a suit against Mauer.

Latest update actually goes right into the questions I asked in this thread, specifically w.r.t. the contracts themselves.

It's far messier than initially let on. Yikes.
 
I feel a little bit uneasy about the lawyer directly soliciting funds to pay himself via a gofundme page.

I don't as he mentioned it before it happened. He can't work for free and I bet his clients are tied up financially with all sorts of shit. The entire situation is get this into the legal system and figure out who owns what.

I am curious what Youtube is going to do about this. Will they reverse the strikes if they are found to be malicious.
 

mre

Golden Domers are chickenshit!!
I don't as he mentioned it before it happened. He can't work for free and I bet his clients are tied up financially with all sorts of shit. The entire situation is get this into the legal system and figure out who owns what.

I am curious what Youtube is going to do about this. Will they reverse the strikes if they are found to be malicious.
I dislike the fact that he himself is soliciting the money. Were his clients to set up the gofundme page, that would be different. The ethical implications of having third parties pay for your legal representation of a client can be messy, and when the funds are being given to him anonymously or via internet aliases it makes conducting any sort of conflict analysis impossible.

I'm sure French is well aware of PA's rules of professional conduct and is following them to the "t", but as a fellow attorney, this is not something I would undertake, especially when the whole mess could be easily avoided by having the client run the gofundme page.
 
I dislike the fact that he himself is soliciting the money. Were his clients to set up the gofundme page, that would be different. The ethical implications of having third parties pay for your legal representation of a client can be messy, and when the funds are being given to him anonymously or via internet aliases it makes conducting any sort of conflict analysis impossible.

I'm sure French is well aware of PA's rules of professional conduct and is following them to the "t", but as a fellow attorney, this is not something I would undertake, especially when the whole mess could be easily avoided by having the client run the gofundme page.

Why don't you contact him about it? He may not be able to comment, but maybe he can explain his reasoning behind it or provide some it her insight into this choice.
 

RollerMeister

Neo Member
Someone who knows Alex Mauer personally should really be considering reaching out to her and getting her off the internet for a while...
 
Yup, she's self-destructing. And I don't say that to be insulting or derisive. I've seen this sort of behavior before and I know where it usually leads.

Even with everything that's happened, I think if she came back with a genuine apology, cancelling the DMCA strikes to the best of her ability, explaining how one mistake led to another and it was just a downward spiral from there, most people would probably give her a pass. There's always going to be a contingent harassing her from now on, but she can salvage this. But she'd have to be genuine about it.
 

Blam

Member
Wow this person is insame maybe if they had read the contract they had signed they wouldn't be in this place. God this is something everyone should be doing.
 

s_mirage

Member
Holy shit; really?! I hope he's gone to the police. I'll have to watch the video at lunchtime.

At this point you have to suspect they're in the middle of some kind of breakdown and need help, but yes, it probably would be wise for SidAlpha to contact law enforcement (he doesn't say whether he has or not).
 

Steroyd

Member
In short, Alex Mauer is now sending death threats to SidAlpha.

And she is now that which she hates.

I find it absolutely shocking that someone can go on this type of rampage and not even be 100% sure that they own the copyright to what they're DMCA'ing, I'm amazed that this hasn't been abused in this manner before and it's been abused in absolutely every way possible, or so I thought.
 
I feel a little bit uneasy about the lawyer directly soliciting funds to pay himself via a gofundme page.

That's because it potentially violates the ABA's model rules of professional conduct. State to state they can change slightly, so there's some small chance that in his state this is A clear "ok." But for purposes of most states this is a borderline ethical violation.

His rationale would be something like the "go fund me ensures that my client's interest in the people who are paying's interest align. He's definitely walking a line that I would not go near.

Edit: rule 1.8

f) A lawyer shall not accept compensation for representing a client from one other than the client unless:

(1) the client gives informed consent;

(2) there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and

(3) information relating to representation of a client is protected as required by Rule 1.6

The problem IMO is that a flat gofundme gets in the way of deciding how hard to work and fight. The money is there no matter what and the client didn't pay. In addition it incentivizes publicity which comes with its own problems. Anyway

Another potential risk is that he gets overfunded for the work which can violate other rules. Were I to face him the first thing I would do is to bring a motion to disqualify him, but that's a different can of worms.

It would seem that all those rules are being met, right?

IMO it sounds much more simple than it is.
 

tuxfool

Banned
That's because it potentially violates the ABA's model rules of professional conduct. State to state they can change slightly, so there's some small chance that in his state this is at the margin of the rule. But for purposes of most states this is an ethical violation.

His rationale would be something like the go fund me ensures that my client's interest in the people who are paying's interest align. He's definitely walking a line that I would not go near.

Edit: rule 1.8

f) A lawyer shall not accept compensation for representing a client from one other than the client unless:

(1) the client gives informed consent;

(2) there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and

(3) information relating to representation of a client is protected as required by Rule 1.6.

It would seem that all those rules are being met, right?
 

Kamina

Golden Boy
Wow, her last mail to Sid was literally: "I want kill myself, but i have to kill you first"
She really needs to be taken into custody before she hurts herself or someone else.
 

Saganator

Member
As someone who has a good friend who went through a severe manic episode, I hope someone can check on her and get her help if she needs it. Unfortunately, unless she checks herself in, the only way that'll happen is if she becomes a danger to herself or other people, and often by that point it's too late.

This is really sad. I've seen first hand how a totally normal and productive person turns into someone completely different during mania, and then back to normal after the episode is over. Often times the damage to careers and relationships is already done before the person snaps back to it.

Wow, her last mail to Sid was literally: "I want kill myself, but i have to kill you first"
She really needs to be taken into custody before she hurts herself or someone else.

If this is true, someone needs to contact authorities and state she is a danger to herself and needs a 72 hour psych hold/eval.
 

tuxfool

Banned
The problem IMO is that a flat gofundme gets in the way of deciding how hard to work and fight. The money is there no matter what and the client didn't pay. In addition it incentivizes publicity which comes with its own problems. Anyway

Another potential risk is that he gets overfunded for the work which can violate other rules. Were I to face him the first thing I would do is to bring a motion to disqualify him, but that's a different can of worms.

It is mentioned on there his rate, and the fact that any superfluous funds go to Child's Play.
 
Uhhhhhh, Alex claims she tried to hire Leonard and then he went with Imagos? I hope that's not true. That could be very ugly.

(Potential clients get some ethical protections. If you talk to a lawyer and attempt to retain them, they, in many situations begin to owe you certain ethical duties. Most of the time it is of no consequence. However If you knowingly take the other side it can be a problem.)

Where did she claim this?
In one of the deranged emails she's apparently been sending out. I saw it quoted in a click bait article I'd rather not link.
 

Stanng243

Member
Uhhhhhh, Alex claims she tried to hire Leonard and then he went with Imagos? I hope that's not true. That could be very ugly.

(Potential clients get some ethical protections. If you talk to a lawyer and attempt to retain them, they, in many situations begin to owe you certain ethical duties. Most of the time it is of no consequence. However If you knowingly take the other side it can be a problem.)

Where did she claim this?
 
Uhhhhhh, Alex claims she tried to hire Leonard and then he went with Imagos? I hope that's not true. That could be very ugly.

(Potential clients get some ethical protections. If you talk to a lawyer and attempt to retain them, they, in many situations begin to owe you certain ethical duties. Most of the time it is of no consequence. However If you knowingly take the other side it can be a problem.)

Well, that's great, now I can incapacitate other side in a case from getting a lawyer by "trying" to hire all the lawyers in close vicinity before one finalizes the deal. That sounds not ugly at all.
 
Well, that's great, now I can incapacitate other side in a case from getting a lawyer by "trying" to hire all the lawyers in close vicinity before one finalizes the deal. That sounds not ugly at all.

The rules are better written than that, there's a blind solicitation excuse and there are legal sanctions available against third parties who attempt to poison the well like that. Believe it or not they thought of this stuff while writing the rules.

If French knows both parties well enough that he is who they would call first, or if he just knows Alex that way, the general rule would be that he needs to stay away from the case. That is, as with all legal questions, subject to a lot of "ifs ands and buts"
 

Txαi

Member
I recognized her name from iimusic.net. But you can't get any of her albums over there because they were all linked to her now defunct bandcamp page.
 

Wereroku

Member
The rules are better written than that, there's a blind solicitation excuse and there are legal sanctions available against third parties who attempt to poison the well like that. Believe it or not they thought of this stuff while writing the rules.

If French knows both parties well enough that he is who they would call first, or if he just knows Alex that way, the general rule would be that he needs to stay away from the case. That is, as with all legal questions, subject to a lot of "ifs ands and buts"

I don't believe he is friendly with any of the parties but was at one point going to have a meeting with Alex at least according to him in his livestream. However no clue if that actually took place. But he did say on the livestream he was open to represent anyone against her so I am not sure why he would even agree to talk to her at that point.
 
I don't believe he is friendly with any of the parties but was at one point going to have a meeting with Alex at least according to him in his livestream. However no clue if that actually took place. But he did say on the livestream he was open to represent anyone against her so I am not sure why he would even agree to talk to her at that point.

How long ago was he saying that? Also, how does everyone seem to know about this guy?

My issue is it makes it impossible to do a conflict check with the people who are actually paying him, when the payments may be made anonymously or via aliases.

So much cleaner for the client to set up the gofundme and just pay French. Kind of a head scratcher why he would do it this way.

I wondered about that, but he probably doesn't owe the person a duty here. Could lead to future headaches for him though.
 

mre

Golden Domers are chickenshit!!
That's because it potentially violates the ABA's model rules of professional conduct. State to state they can change slightly, so there's some small chance that in his state this is A clear "ok." But for purposes of most states this is a borderline ethical violation.

His rationale would be something like the "go fund me ensures that my client's interest in the people who are paying's interest align. He's definitely walking a line that I would not go near.

Edit: rule 1.8

f) A lawyer shall not accept compensation for representing a client from one other than the client unless:

(1) the client gives informed consent;

(2) there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and

(3) information relating to representation of a client is protected as required by Rule 1.6

The problem IMO is that a flat gofundme gets in the way of deciding how hard to work and fight. The money is there no matter what and the client didn't pay. In addition it incentivizes publicity which comes with its own problems. Anyway

Another potential risk is that he gets overfunded for the work which can violate other rules. Were I to face him the first thing I would do is to bring a motion to disqualify him, but that's a different can of worms.



IMO it sounds much more simple than it is.
My issue is it makes it impossible to do a conflict check with the people who are actually paying him, when the payments may be made anonymously or via aliases.

So much cleaner for the client to set up the gofundme and just pay French. Kind of a head scratcher why he would do it this way.
How long ago was he saying that? Also, how does everyone seem to know about this guy?
He's YouTube famous.
 

Wereroku

Member
How long ago was he saying that? Also, how does everyone seem to know about this guy?

Here is the link to the livestream. Link

I don't know the exact timestamp I can try to find it in a few. I am not sure how well known he is right now but he has some nice videos where he kind of answers legal questions and other topics. That link goes to his page if you want to look it over.
 

The Dink

Member
Holy crap! Alex Mauer is the one doing this? I was using some of her music for a non-commercial game project I was messing around with years ago. Makes sense now. She was kind of...stand-offish in email exchanges. Hope this matter is settled without having to go to court.

Edit: Well. After reading Leonard French's statement...guess not huh? Shame Imagos is going through this shit. They're good people.
 
Holy crap! Alex Mauer is the one doing this? I was using some of her music for a non-commercial game project I was messing around with years ago. Makes sense now. She was kind of...stand-offish in email exchanges. Hope this matter is settled without having to go to court.

At this point it is going to court no matter what. From the looks of it Alex went nuclear. If she does not go to court with Imago it will be against someone she attacked on Youtube.
 
The rules are better written than that, there's a blind solicitation excuse and there are legal sanctions available against third parties who attempt to poison the well like that. Believe it or not they thought of this stuff while writing the rules.

If French knows both parties well enough that he is who they would call first, or if he just knows Alex that way, the general rule would be that he needs to stay away from the case. That is, as with all legal questions, subject to a lot of "ifs ands and buts"

I remember before the livestream or right at the very start, French said that he was not going to be contacting or interviewing Mauer since he thought it was likely that he may end up suing her.

It's also right in the Youtube description.

Update: NO, it's not an interview. I am hesitant to contact an unrepresented party that I may be suing shortly. Ethical rules and moral compass. Thanks for the shoutout, Jim!
 
I remember before the livestream or right at the very start, French said that he was not going to be contacting or interviewing Mauer since he thought it was likely that he may end up suing her.

It's also right in the Youtube description.

The question is whether they spoke prior to that, she's claiming she tried to hire him. Obviously her claims are dubious these days, but if true it's problematic.

Here's the whole text interview.

In it, she says that she is "trying to hire" French for the Turner suit. It really depends on what "trying to hire" means whether or not they spoke prior. I mean, she could have been trying to contact him after the whole DCMA business started, so he refused to make that contact with her.

Also, trying to hire could mean that she tried contacting him, but didn't manage to reach him. It really depends.

Agreed
 
The question is whether they spoke prior to that, she's claiming she tried to hire him. Obviously her claims are dubious these days, but if true it's problematic.

Here's the whole text interview.

In it, she says that she is "trying to hire" French for the Turner suit. It really depends on what "trying to hire" means whether or not they spoke prior. I mean, she could have been trying to contact him after the whole DCMA business started, so he refused to make that contact with her.

Also, trying to hire could mean that she tried contacting him, but didn't manage to reach him. It really depends.
 
Status
Not open for further replies.
Top Bottom