I think so, Brain … but why do people pay to ride up to the top of tall buildings and then pay to use those binoculars to look at stuff on the ground?
This paragraph is from The Dread Pro-Se Kimberlin’s complaint in the Kimberlin v. Kimberlinunmasked copyright trolling lawsuit.And therein lies a fatal problem for TDPK’s lawsuit. Federal Rule of Civil Procedure 8(a)(2) requires that someone filing a pleading with a court provide
a short and plain statement of the claim showing that the pleader is entitled to relief[.]
Because TDPK never identifies which videos are his and which are JTMP’s he doesn’t show that he is entitled to relief. For all the court knows, all of the allegedly infringed videos belong to JTMP, and TDPK cannot sue on the organization’s behalf. JTMP would have to sue in its own right, and it would have to be represented by a lawyer instead of TDPK.
More fundamentally, TDPK never identifies which videos the allegedly infringing images were taken from. In effect, he’s saying, “Your Honor, they stole my stuff, but I can’t bother to tell you what they stole.”
If you thought the opposition to the motion for default was brutal, just wait till you see what can be put in a motion to dismiss.
Facts do not cease to exist because they are ignored.
Last week, The Dread Pro-Se Kimberlin filed a motion seeking default in the Kimberlin v. Kimberlinunmasked copyright trolling lawsuit against the two individuals he claims are Kimberlin Unmasked. They have filed their opposition to his motion.
UPDATE—I’m pleased to see that the evidence of the fraudulent green cards seems to be mostly derived from Hogewash! posts. This makes three cases where documentary evidence of forgery and/or perjury by TDPK have been placed in front of the court.
UPDATE 2—Aaron Walker comments here.
I think so, Brain … but what disease did the cured ham have?
Celina Durgan reports at NRO that the Secular Coalition of America is asking folks to knit bricks to show their outrage over the Supreme Court’s Hobby Lobby decision. The knitwits at the SCA want to send hundreds yarn bricks to the Court to express concern for the “wall of separation” between church and state being breached.
If the knitwits had ever read Thomas Jefferson’s letter to the Danbury Baptists (the source of the phrase), they would know that he intended it to mean that the government should keep its nose out of the business of religion and not the other way around. I doubt that Jefferson would approve of a law or regulation that mandates that one must violate his conscience.
Video Credit: NASA
Personal Note—I contributed to the design of the cryogenic temperature control system being used to cool the detector array in the Soft X-ray Spectrometer that will fly on Astro-H. The system is capable of holding the detector array at 0.05° above absolute zero with a stability better than ±0.000001°.
When an individual x-ray photon strikes one of the pixels in the SXS detector, the energy raises its temperature slightly which changes the resistance of the cell—the more energetic the photon, the greater the change. The low operating temperature and the tight regulation are necessary to make lower energy x-rays detectable and reduce system noise.