Update: 2017/07/19
Judge Schiller gives Defendant until Sept 25th to respond

Update: 2017/07/13
Imagos’ Application for Temporary Restraining Order GRANTED

Update: 2017/07/11
Application for Temporary Restraining Order

Update: 2017/07/07
First Amended Complaint

Update: 2017/06/30
Lawsuit Filed: Imagos Softworks v. Alex Mauer

 

Original Release:

2017/06/27

Leonard French, Esq.
Attorney & Counselor at Law

on behalf of

Don Thacker
Imagos Films D/B/A Imagos Softworks

 

For immediate release.

 

It is with a heavy heart that I announce that we have a plan to help the community and Imagos through the legal gauntlet that Alex Mauer has set for us. We feel it is our duty and responsibility to do what we can to mitigate the damage Alex has caused.

Don’s journey with Alex began seven years ago when he met her at PAX East after asking her to work on one of his films. They quickly became friends. Her talent and skill as a musician and artist was readily apparent. Don and Alex worked on several titles together over the years.

In 2015, Don saw the opportunity to create Starr Mazer, a dream he’d had since he was nine years old. Don asked Alex to create the music and sound effect assets for the game.

The Kickstarter, the development, the team, it was all a dream come true.

But then Alex’s behavior began to change. Slowly at first, it has become what you have seen publicly recently.

Don tried to keep the matter as quiet as possible out of respect for Alex and in the hope that the situation would resolve peacefully, amicably, and to the benefit of everyone.

He is and has been very concerned for Alex. He cares deeply for her and her health and her recent behavior is obviously concerning. It would be inappropriate for me to speculate any further.

We hope that Alex pursues the help and assistance that she needs.

Unfortunately, the copyright system in the United States has allowed her to assert rights that she does not actually own. And her assertion of those rights has caused Imagos and Don to lose credibility with many of the people and companies they do business with.

This has resulted in Imagos and Don losing developers, financial support, potential and existing film clients, and that has further caused them all a great deal of stress. They have tried to handle the matter quietly so that Alex would have the best chance of improving.

Alex has recently become very public about the matter. We have decided to pursue court action solely to adjudicate Imagos’ rights and to clear up any dispute with Alex. This is all in the hopes that the developers, including Don, can continue with their first love, development of the game.

It is and always has been my understanding that Imagos owns valid copyrights on all their works for which Alex has issued takedowns. It is also my understanding and position that Alex has no right to issue takedowns for Imagos and related content.

Imagos and Don have engaged me to pursue these legal rights as reasonably and appropriately as possible. It is our primary goal to establish Imagos’ rights and the community’s rights to publish Starr Mazer and Starr Mazer: DSP content.

Imagos and Don are currently experiencing financial difficulty due to Alex’s behavior. So I am reaching out to the community for financial support for the lawsuit.

Details of the required funding and expected use of the funds can be found on the GoFundMe page at https://www.gofundme.com/alex-mauer-dmca-abuse

I expect the lawsuit to primarily seek adjudication of our rights and the community’s rights in the form of a declaratory judgment affirming our copyrights and an injunction against further interference from Alex. While I expect to include monetary damages against Alex, it is secondary that we recover any funds from her.

I am currently drafting the court paperwork that should be filed within a few days. The situation is continuously evolving and we will adapt our efforts as we go. You are welcome to direct inquiries to me. I have been given permission to speak publicly on the matter and about our legal strategy as I deem appropriate.

Our desired outcome is for Imagos and its partners to be able to resume full development on Starr Mazer and Starr Mazer: DSP, affirm and restore the rights of the community, minimize any damage to Alex, and, if possible, support her in getting whatever help she may need.

We will announce a re-release date for those titles as soon as we have an idea when that might be possible. We have a wonderful development team ready to go as soon as the situation is stabilized.

We are eternally grateful for the love and support that the community has shown us. We look forward to doing our part to help and support the community through this difficult situation.

 

What will the funds be used for, specifically, and how?

The funds will be held in escrow (a separate account just for the funds) and used to cover the expenses in the case.

Expected expenses include the $400 filing fee, $100-200 for a process server, approx. $500-$1,000 for transcripts of each deposition, travel expenses for Don (if necessary), expenses that cannot be anticipated at this time, and many smaller expenses.

I have agreed to work at a half-rate of $125 / hour. I expect the total cost of the case to be between $10,000 and $25,000, depending on how complex the matter becomes.

Any funds left over after the matter is complete will be donated to Penny Arcade’s Child’s Play.

If you have received a claim from Alex and wish to join our efforts, please contact me directly or through your attorney.

Thank you so much for your support.

Yours,
Leonard French, Esq.
Attorney for Imagos

 

Videos on the topic:

Leonard French: “Alex Mauer enforces contract by DMCA extortion”

TotalBiscuit: “Alex Ma
uer’s Copyright Claim Abuse”

Jim Sterling: Composer Files Tons of Spurious DMCA Takedowns For Extortion Purposes

SidAlpha: “A wave of DMCA strikes hits YouTubers”

SidAlpha: “An update on the Alex Mauer DMCA Wave”

SidAlpha: “UPDATE: Alex Mauer list of DMCA strikes”

SidAlpha: “Alex Mauer: more on the DMCA Front Lines”