Here’s how The Dread Pirate Kimberlin begins his description of the “RICO Enterprise” in his Kimberlin v. The Universe, et al. lawsuit.Note that TDPK alleges that the all of the 20+ defendants were a part of the “RICO Enterprise” from November, 2011. If true (stop laughing), that would mean that I was recruited into the enterprise at a time when my monthly traffic was less than 40% of my current average daily hit rate.
I wonder what the masterminds of the outfit saw in my blogging back then?
I’ll have more later, but the most interesting bit that came out in the hearing this morning was that Brett Kimberlin admitted to the judge that he does not know the actual identity of Kimberlin Unmasked.
UPDATE—The bulk of the hearing dealt with administrative issues of the case. The next hearing will be on 13 January, 2014, and will deal with motions to dismiss.
While the moon Epimetheus orbits beyond the edge of Saturn’s main rings, the tiny moon Daphnis carries on within the Keeler gap of the A ring. They’re different in size, but both moons create waves in the rings because of their gravitational influences.
Epimetheus (113 km across) is visible at the lower-right of this Cassini image, and Daphnis (8 kilometers across) is barely visible at one pixel wide in the embiggened image. Click on the image to embiggen it.
I’m told that Bill Schmalfeldt is now claiming that I’m crazy because he thinks I follow his every word. I don’t, but I do see all of the tweets he sends me. (Click the image to embiggen it.)@WMSBroadcasting is one of Schmalfeldt’s Twitter accounts.
The Cabin Boy seems to think that I’m under some obligation to block him on Twitter. He has things backwards. The peace order issued against him says that he is supposed to avoid contacting me. If that isn’t convenient for him, too bad.
OTOH, I am free to look at his writing, and I occasionally do. The Cabin Boy sometimes writes things in which I have a legitimate interest. For example, Schmalfeldt’s rantings have been a source of leads for the legal team supporting the defendants in the various vexatious lawsuits filed by Brett Kimberlin.
Meanwhile, the adjudicated and confessed harasser keeps flouting that peace order.
UPDATE—Confessed harasser? Yep. He confessed. He posted this email on Twitter last August.
Judge Michael Algeo granted The Dread Pirate Kimberlin’s Motion to Compel and has ordered Google to give TDPK whatever identifying information it has on the anonymous blogger Kimberlin Unmasked.
UPDATE–This was in the Maryland Kimberlin v. Walker, et al. case
UPDATE 2–I don’t have a copy of the order yet, but it is my understanding that Google is to provide the current IP address and name associated with the kimberlinunmasked.blogspot.com account.
UPDATE 3—I do not know the actual identity of Kimberlin Unmasked. I refer to him/her/them as “Elvis.” I am not sure of the exact information that Google will provide to Brett Kimberlin, but, if the information that I have developed through my own inquiries is accurate, TDPK will not be amused by what he learns—or doesn’t learn.
… on Mars? New research suggests a volcano, not a large impact, may have formed Mars’s Eden Patera basin. The volcano is a vast circular basin on the face of the Red Planet which had previously had been classified as an impact crater. Researchers now suggest the basin may be the remains of an ancient supervolcano’s eruption. The finding is based on images and topographic data from NASA’s Mars Odyssey, Mars Global Surveyor, and Mars Reconnaissance Orbiter spacecraft and the European Space Agency’s Mars Express orbiter.
Left: Reds, yellows show higher elevations in the basin and surrounding area; blues, grays show lower elevations. Right: The dark color indicates younger material draped across the Eden Patera depression.
Image Credit: NASA/JPL/Goddard (left) and ESA (right)
… but it looks kinda shady. The Dread Pirate Kimberlin’s “charity” Justice Through Music Project runs a website called pussyriotdefensefund dot org. Just looking at the name, it would not be unreasonable for someone to assume that the site was involved in raising funds to help with the legal defense for members of the Russian rock band that have been prosecuted.
Here’s the top of the site’s home page. (Click on the image to embiggen it.)Zooming in on the text show this:See, Gentle Reader, the site’s not really a fraud because it comes right out and tells you that the donations go to JTMP.
BTW, TDPK has filed a federal RICO accusing me of mail fraud and wire fraud because I asked you to donate to funds supporting other bloggers and because I am now one of the beneficiaries of a fund to defend against a frivolous and vexatious lawsuit from Kimberlin. If you believe that the BomberSuesBloggers fund is a scam, please don’t contribute. If you think that blogs such as Hogewash! should be able to publish about potential scams, even if they might be run by Brett Kimberlin, then please go over to the BomberSuesBloggers site and find out how you can help.
… what Judge Stansfield told Bill Schmalfeldt in court yesterday was this:
1. The Misuse of Electronic Communication statute has no bearing on the Hoge v. Schmalfeldt peace order because none of the court’s findings were based on it. The court found Schmalfeldt to have violated the Harassment statute.
2. @mentions per se are not at issue in the case. While the direct contact involved in the finding of harassment came via @mentions, the order prohibits all further contact, attempts to contact, or harassment.
3. There is no “journalism” exception to Maryland’s Harassment law.
4. U.S. v. Cassidy deals with publications about someone. Hoge v. Schmalfeldt deals with communication directed to someone.
5. All the questions above were settled at trial and will not be retried unless the Court of Appeals remands the case for retrial.
Now, what new circumstance require that the order be modified?
So Bill Schmalfeldt wants you to believe that I’m trying to cut a separate deal with Brett Kimberlin from the other defendant’s in the Kimberlin v. Walker, et al. lawsuit because my lawyer filed my answer to Kimberlin’s complaint on the day before the last day for me to file to avoid a default judgment. Does he think that I should have waited and file jointly with my codefendants? The other defendants are all from outside Maryland, and only one has been served. Aaron Walker’s answer is due 30 days after mine. The other three defendant’s will have to answer within 60 days of being served—if they ever are served.
My offer to settle was taken off the table when my lawyer had to file that answer. In fact, that answer has exactly the opposite meaning from what the Cabin Boy ascribes to it. There will be no separate deals made with me. I am now out to win rather than settle.
He seems to still be getting his legal advice from Acme.
Vodkapundit has a piece up about how Obamacare and other current federal programs and policies are driving the “new normal” in the economy. Whenever I hear that “new normal” term, I keep thinking of Abbie Someone.
Thank you for lifting your no contact order. If you wish to have any discussion concerning either your motion to amend the peace order or your appeal of the peace order, legal ethics require that you direct all such inquiries through my counsel. I believe that you have Ms. Barnes’s contact information. If not, a simple Google search will provide it.
Meanwhile, the peace order is still in place, and you are still bound by it. I remind you of Mr. Grote’s warning. Any further attempts to contact me directly will be reported to law enforcement.
Tinker Bell is not the only one. Meet the Fairy of the Eagle Nebula. The dust sculptures of the Eagle Nebula are evaporating, and, as powerful starlight whittles away these cosmic structures, the pillars that remain remind some observers of mythical beasts. This fairy is ten light years tall and spews radiation. The Eagle Nebula (aka M16) is actually a giant evaporating shell of gas and dust filled with a stellar nursery that is forming an open cluster of stars. This false-color image was released in 2005 as part of the fifteenth anniversary celebration of the Hubble Space Telescope. (Click the image to embiggen it.)
This is a near-infrared view of Uranus with its rings and some of its moons. It was made by the 8.2-m VLT ANTU telescope at the ESO Paranal Observatory in Chile. The contrast between the rings and the planet is strongly enhanced at the wavelength at which this picture was made; the incoming sunlight is almost completely absorbed by gaseous methane present in the planetary atmosphere causing Uranus to appear unsually dark, but the icy material in the rings reflects the sunlight and appears relatively bright.
Uranus is unique among the planets of the solar system in having its axis of rotation tilted almost 90°. When Voyager 2 flew by in 1986, the south pole was pointed toward the Earth. In this picture made 16 years later (and about 20 percent of the away around the planet’s orbit), the Uranian ring system were seen at an angle comparable to Saturn’s when its ring system is most open.
Seven moons of Uranus are in the picture Titania and Oberon are the brightest. The much smaller and fainter Puck and Portia have visual magnitude about 21 and are barely visible in the photo.
A couple of years ago, a huge storm occurred in the northern hemisphere of Saturn. This set of images from the Cassini spacecraft orbiting the planet shows the turbulent power of that monster storm. The visible-light image was taken on 25 February, 2011, and shows the turbulent clouds churning across the upper layers of Saturn’s atmosphere. The inset infrared image, obtained a day earlier using Cassini‘s visual and infrared mapping spectrometer, shows water and ammonia ices from deep in Saturn’s atmosphere being churned up to the top layers. This was the first time water ice was detected in Saturn’s atmosphere. The storm was first detected by Cassini‘s radio and plasma wave subsystem in December, 2010, and eventually wrapped around the planet.
There’s a supermassive black hole at the center of our Milky Way galaxy. It’s known as Sagittarius A* and shown in the center of this infrared (red and yellow) and X-ray (blue) composite image. Data from observations taken in orbit by Chandra‘s X-ray telescope was used to create an image the diffuse emission surrounding the black hole. See the close-up inset. The inset’s field of view covers an area about 1/2 light-year across the galactic center some 26,000 light-years away. These X-ray emissions originate in hot gas drawn from the winds of massive young stars near the galactic center. The Chandra data indicate that only 1% or so of the gas within the black hole’s gravitational influence ever reaches the event horizon after losing enough heat and angular momentum to fall into the black hole. The rest of the gas escapes in an outflow. This explains why the Milky Way’s black hole is so quiet, much fainter than might be expected in energetic X-rays.
The greenish-yellow dot in the upper left is the potentially hazardous near-Earth object 1998 KN3 moving past a cloud of dense gas and dust near the Orion nebula in the far, far background. NEOWISE, the asteroid-hunting portion of the Wide-field Infrared Survey Explorer, or WISE, mission, took this infrared picture. Because near-Earth asteroids are warmed by the Sun to roughly room temperature, they glow brightly at the infrared.
Infrared light from asteroids is used to measure their sizes. Combined with visible-light observations, that data can also measure the reflectivity of their surfaces. The WISE data reveal that this asteroid is about 1.1 km in diameter and reflects only about 7 percent of the visible light that falls on its surface. It is relatively dark.
In this image blue denotes shorter infrared wavelengths and red, longer. Hotter objects emit shorter-wavelength light; they appear blue. Stars with temperatures of thousands of degrees are blue. The coldest gas and dust are red. The asteroid appears greenish-yellow in the image because it is about room temperature—cooler than the stars, but warmer than the dust.
Some people seem to think that just because they can write a set of lyrics that fit the melody of an existing piece of music that that are entitled to use someone else’s tune. A parody of the original work might qualify under the Fair Use doctrine, but using the tune for the purpose of parodying something or someone else is a clear violation of the songwriter’s copyright.
For example, Justice Through Music Project has posted a music video called Happy Springtime (Bush is Over). The music is clearly ripped off from John Lennon and Yoko Ono’s Happy Xmas (War is Over). Now it may be that permission was obtained from Lenono Music and Ono Music, the copyright holders, to use the tune. OTOH, I doubt that those music publishers would have agreed to the copyright notice placed on the video:
Brett C. Kimberlin
BrettSongs / Innocent Music
The plain reading of that notice is that BrettSongs / Innocent Music claims a copyright on John Lennon’s tune.
Another example, would be some of the songs that have recently appeared on RadioWMS. I doubt that The End Of Music, Mj Twelve Music, or Primary Wave Tunes, the copyright holders of Smells Like Teen Spirit granted permission for use of the tune by Bill Schmalfeldt in Smells Like Groundswell.
Neither of these examples is a parody of the original song involved. When that’s the case, permission is required from copyright holder in order to produce a derivative work. I can’t find the words “Used by permission” on anything associated with those two examples. If the copyright holders were to take notice and legal action, the results could be very, very expensive.
… that I try to live mostly in the real world, I spent the afternoon enjoying a nice drive in the country. I wound up in Northern Virginia just south of Winchester. My great-great-great-great-great-great-great-grandfather settled in that area. He had previously lived near what is now Mechanicsburg, Pennsylvania, and New Jersey after coming from Scotland in 1680.
That William Hoge and his wife Barbara are buried at the Opequon Presbyterian Church.
The spots on the marker are from raindrops. It wound up being a rainy day, but was still a beautiful drive.