One Year Ago Today


Now that the blog has been around for three years, I thought I’d begin taking an occasional look back at previous years postings.

Team Kimberlin Post of the Day

My friend Peter Ingemi (aka DaTechGuy) contacted Bill Schmalfeldt concerning a pornographic image that Schmalfeldt had posted that had my face photoshopped into the picture. The image of my face had been lifted from a video that was part of DaTechGuy’s Field Guide to Bloggers. Peter requested that his copyrighted image not be used, and Bill Schmalfeldt agreed to take down the picture.

Credit where credit’s due, and praise where praise is due. Bill Schmalfeldt did the right thing by agreeing to take down the infringing image, and he took it down from his Radio WMS website.

However, he has left two instances of the picture up on Twitter and another instance at hogewash dot net. If Bill Schmalfeldt is a man of his word, those should be removed as well.

* * *

Plus ça change, plus c’est la même chose.

Yours Truly, Johnny Atsign


Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

RULE 5 GIRL: (Telephone Filter) Hi, Johnny!

JOHNNY: Hello!

RULE 5 GIRL: (Telephone Filter) Johnny, have you checked PACER this evening?

JOHNNY: Not yet. What will I find?

RULE 5 GIRL: (Telephone Filter) The Bomber has filed another pleading in his copyright lawsuit.

JOHNNY: I’m not surprised. He’s just about to run out of time to serve Bomber Unmasked or have the suit kicked out.

RULE 5 GIRL: He’s asking the judge to find Bomber Unmasked in default.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Thanks for the Links


A significant number of page views here at Hogewash! come from outside links. I’d like to thank those sites that have sent viewers this way during the past week. In addition to hits from search engines, Twitter, LinkedIn, and Facebook, Hogewash! has had visitors linked from:

Allergic to Bull
Running Wolf
Helm’s Deep
Saber Point
That Mr. G Guy
The Daley Gator
The Other McCain
Dead Citizen’s Rights Society
Batshit Crazy News
The Camp of the Saints
David Renke’s World of Space and Astronomy
Blackmailers Don’t Shoot
Popehat
Lowering the Boom
Da Tech Guy
Because, Science!
Blue Deck Shoe
The Crying Wolfe

Thanks, one and all, to my fellow bloggers who so generously linked to Hogewash! this past week. Thanks also to the folks who followed those links and everyone else who came by.

No Comment


For everything there is a season, and a time for every purpose under heaven …

—Ecclesiastes 3:1

There’s a significant amount of legal machinations afoot in all sorts of cases. I am not in a position to comment upon everything right now. Gentle Reader, please be patient. All will come out at the proper time.

UPDATE—I’d like to ask the Gentle Readers to please refrain from asking about any settlement discussions in the Hoge v. Schmalfeldt copyright matter. Judge Sullivan’s Letter Order says,

The settlement conference process will be confidential and disclosure of confidential dispute resolution communications is prohibited. See 28 U.S.C. § 652(d); Local Rule 607.4.

Local Rule 607.4 reads in part:

The Court’s ADR process is confidential. Unless otherwise agreed by the parties and the Court, no disclosure shall be made to anyone, including the judicial officer to whom the case is assigned, of any dispute resolution communication that in any respect reveals the dispute resolution positions of the parties or advice or opinions of neutrals.

Therefore, I shall make no public comment concerning the settlement process.

In Re RICO Madness


My motion to dismiss The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness is now posted on PACER.

The motion speaks for itself, so I don’t intend to make any comments particularly directed to it until the court has ruled on the motion.

Thanks for the Links


A significant number of page views here at Hogewash! come from outside links. I’d like to thank those sites that have sent viewers this way during the past week. In addition to hits from search engines, Twitter, LinkedIn, and Facebook, Hogewash! has had visitors linked from:

Allergic to Bull
Running Wolf
Helms Deep
Saber Point
That Mr. G Guy
The Daley Gator
Dead Citizen’s Rights Society
The Other McCain
Because, Science!
The Camp of the Saints
Conservative Hideout 2.0
Thinking Man’s Zombie
Monitor 2112
Blubber Sues Bloggers
Batshit Crazy News
Texas Slant
Lee Stranahan
Raging Against the Rhetoric
Ward World
Rolling down the road
Hot Air

Thank you, fellow bloggers, for your generous linkery. Also, thanks to every one who stopped by this past week.

Blognet


BlognetTitleCard

MUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A noted anti-First-Amendment activist is seeking a frivolous copyright lawsuit against a blogger. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading

Yours Truly, Johnny Atsign


Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

BLOGGER: (Telephone Filter) Good morning, Mr. Atsign.

JOHNNY: Good morning.

BLOGGER: (Telephone Filter) Are you booked next Tuesday?

JOHNNY: I’m busy, but I could arrange to have part of the day free.

BLOGGER: (Telephone Filter) Good. I’d like you to be a witness for me.

JOHNNY: A court appearance?

BLOGGER: (Telephone Filter) (Fading Out) Sorta/Kinda. Let me explain …

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Thanks for the Links


A significant number of page views here at Hogewash! come from outside links. I’d like to thank those sites that have sent viewers this way during the past week. In addition to hits from search engines, Twitter, LinkedIn, and Facebook, Hogewash! has had visitors linked from:

Helm’s Deep
Allergic to Bull
Running Wolf
Saber Point
The Daley Gator
That Mr. G Guy
Batshit Crazy News
Dead Citizen’s Rights Society
Because, Science!
Conservative Hideout 2.0
The Camp of the Saints
Thinking Man’s Zombie
The Other McCain
Captain’s Journal
Marezilla
Evi L Blogger Lady

Thanks you, fellow bloggers, for those links. Also, thanks you to everyone who stopped by this past wee.

Yours Truly, Johnny Atsign


Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

RULE 5 GIRL: (Telephone Filter) Hello, Johnny.

JOHNNY: Well, hello.

RULE 5 GIRL: (Telephone Filter) Have you seen what The Grouch is tweeting this morning.

JOHNNY: No, I haven’t bothered to check his feed yet today.

RULE 5 GIRL: (Telephone Filter) He’s saying that he had permission to use all of those blog posts he copied. He’s going on about some sort of blanket permission.

JOHNNY: Nah, he never had permission.

RULE 5 GIRL: (Telephone Filter) He seems to think so.

JOHNNY: He didn’t do a good job of reading the fine print.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Thanks for the Links


A significant number of page views here at Hogewash! come from outside links. I’d like to thank those sites that have sent viewers this way during the past week. In addition to hits from search engines, Twitter, LinkedIn, and Facebook, Hogewash! has had visitors linked from:

Helm’s Deep
Allergic to Bull
The Other McCain
Saber Point
Running Wolf
The Daley Gator
Dead Citizen’s Rights Society
That Mr. G Guy
Patterico’s Pontifications
Because, Science!
Conservative Hideout 2.0
Texas Slant
Batshit Crazy News
Evi L Bloggerlady
Thinking Man’s Zombie
The Camp of the Saints
Bob’s Blog
joeseeberblog
Night Shift Politics
Dead Republican Party
Lowering the Boom

Thank you, fellow bloggers, for all those links. Also, thanks to everyone who followed one of those links and to everyone else who stopped by Hogewash! this week.

In Re ELH-14-CV-1683


Yesterday, Judge Hollander asked if either party in the Hoge v. Schmalfeldt copyright case would be interested in a settlement conference with a magistrate judge. I said that I am willing to participate, but Schmalfeldt said he was not interested. Because one party was interested, Judge Hollander referred the case to Magistrate Judge Timothy Sullivan. I do not yet know anything concerning the schedule going forward.

If successful, this process can lead to a binding consent decree (the violation of which would be contempt of court). If it’s unsuccessful, we can proceed to the motions to dismiss.

A Note About Other Peoples’ Copyrights


I’ve always encouraged anyone who thought that I’ve infringed on his copyright to contact me so that the matter can be resolved. Last week, the Cabin Boy™ took it upon himself to complain to several companies and individuals alleging that I have infringed their copyrights.

I should report the contacts I’ve had from aggrieved parties—

[crickets]

In Re ELH-14-CV-1683


The preliminary injunction hearing in the Hoge v. Schmalfeldt copyright suit concluded just after 1 pm. The preliminary injunction I am seeking is an unusual remedy in a copyright case. Judge Hollander was not prepared to rule from the bench. She said we should expect a written ruling within a week or two.

A side note: Schmalfeldt was accompanied to court by Brett Kimberlin.

UPDATE—As a part of her understanding the infringement I am complying about, Judge Hollander spent a significant amount of time comparing the comments or my 14 April Are You Pondering What I’m Pondering? post to what The Dreadful Pro-Se Schmalfeldt™ incorporated into his ebook My Slow, Journalistic Death. She seemed to find some of the more strident comments off-putting because she had no context concerning what many commenters were replying to. However, she did see that Schmalfeldt had lifted the entire post without complying with the Hogewash! Terms of Service. He did not, where practicable, provide a proper link. By the way, The Fine Print has been recently revised.

One last note about the hearing. Judge Hollander made it clear that she will base her ruling strictly on the law and the evidence presented today. She will not be looking at evidence from extrajudicial sources.

In Re ELH-14-CV-1683


Yesterday, I filed three sets of court papers in the Hoge v. Schmalfeldt copyright suit.

These filings speak for themselves, so I don’t intend to comment further on them until after the court has ruled on them.

UPDATE—This morning, I filed a motion to strike one of The Dreadful Pro-Se Schmalfeldt’s™ filings.

The motion speaks for itself. I do not wish to comment further until after the court has ruled on it.

RICO Madness News


The Dread Pro-Se Kimberlin recently sent a letter to Judge Hazel about a decision by the Ninth Circuit which had no bearing on the Kimberlin v. The Universe, et al. RICO Madness. The letter has been returned because it does not conform to the case management order.

Yesterday, Aaron Walker filed two letters seeking permission to inform the court of additional evidence in the case. I’ll let him describe those letters himself.

UPDATE–TDPK also sent a letter to Judge Hazel asking for another 60 days to serve Ali Akbar and the National Bloggers Club in the RICO Madness. That letter was returned as well.

Yours Truly, Johnny Atsign


Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

BOB BAILEY: (Telephone Filter) Mr. Atsign, Bob Bailey here.

JOHNNY: Hello, and call me Johnny.

BOB BAILEY: (Telephone Filter) OK, Johnny, I see that The Grouch has had another appeal rejected. You worked on that case, didn’t you?

JOHNNY: Yes.

BOB BAILEY: (Telephone Filter) I’ve developed a personal interest in the matter, and I wonder what you can tell me without breaching your client’s confidentiality.

JOHNNY: Quite a bit, Mr. Bailey. Quite a bit.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

The Dread Pirate’s Dictionary 3


A reader has suggested that I provide a dictionary of terms used in The Saga of the Dread Pro-Se Kimberlin. That strikes me as a useful idea, so here are some more definitions aimed at explaining terms to newbies.

The World’s Worst Pro-Se Litigant™ is Stacy McCain’s way of describing Brett Kimberlin’s legal abilities. While Kimberlin has bragged about filing “over a hundred lawsuits,” he stays quiet about his batting average which would be generously described as being in the range of .020.

A false narrative is any truthful statement about Brett Kimberlin’s past or current activities that would tend to cause a normal individual to be suspicious of him.

Watch this space for more entries in The Dread Pirate’s Dictionary.

Thanks for the Links


A significant number of page views here at Hogewash! come from outside links. I’d like to thank those sites that have sent viewers this way during the past week. In addition to hits from search engines, Twitter, LinkedIn, and Facebook, Hogewash! has had visitors linked from:

Allergic to Bull
Saber Point
The Other McCain
Helm’s Deep
A Day in the Life of a Talk Radio Blogger
The Daley Gator
Conservative Hideout 2.0
Dead Citizen’s Rights Society
Thinking Man’s Zombie
The Camp of the Saints
The Crying Wolfe
Blubber Sues Bloggers
Running Wolf
Lowering the Boom
Stranahan in Exile
Raging Against the Rhetoric
Evi L Bloggerlady

Thank you, fellow bloggers, for those links, and it’s always a pleasure to see new sites linking this way. And, as always, thank you to everyone who stopped by the blog this week.

Blognet


BlognetTitleCard

MUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A noted anti-First-Amendment activist is seeking a peace order against a blogger, accusing him of assault. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out.

SOUND: Footsteps in hallway.

FRIDAY: It was Wednesday, January 11th. It was chilly in Westminster. We were working the day watch out of Internet Detail. My partner’s Liz Smith. The boss is Twitter Town Sheriff W. J. J. Hoge. My name’s Friday. It was 6:47 am when I got to Room S-140. Internet Detail.

Continue reading