Buffalo channels Tantooine.UPDATE—I have been informed that Bill Schmalfeldt has posted an image that completely shows the original post above on his schmalfeldt dot org website. I believe that is a violation of the settlement agreement for the Hoge v. Schmalfeldt lawsuit. I hope that he will take the image down and eliminate the need for me to enforce the agreement.
Among the terms of the settlement agreement for the Hoge v. Schmalfeldt copyright infringement lawsuit was a mutual agreement between us not to publish each other’s copyrighted materials without permission. Tweets are exempted from the republication ban because Twitter’s ToS require that a license to republish is granted when one posts a tweet.
It has come to my attention that items originally published at Hogewash! are being published on the Internet without permission by Bill Schmalfeldt.
If this continues, I shall take steps to enforce the settlement agreement.
There is no question that TDPS has posted pictures that meet the definition of pornography under the Miller v. California (413 U.S. 15) standard.
He posted a picture of two men engaging in anal sex with my face photoshopped onto the body of the the one being penetrated. The picture was originally posted at http://radiowms.com/2013/07/19/the-fat-man-episode-004-murdery-me. The page disappeared when the copyright holder of the video from which my face had been lifted asked that the picture be removed.
Schmalfeldt posted another picture into which my face had been photoshopped. It showed my face surrounded by naked men with erect penises. Again, the link is dead—this time because the web host took the site down for violation of its policy against porn. The original URL was http://www.patriot-ombudsman.com/oh-cutie-pie-eh-nsfw-you-are-warned. This is the picture which may use a photo of me taken while I was underage.
Even if I could, I wouldn’t post either of those pictures here, but I can’t. Judge Stansfield placed them under seal during the peace order extension hearing last year. However, the pictures are part of the record of the hearing as is Schmalfeldt’s admission of having made and posted them. That record can be used as evidence in any further proceeding.
The Cabin Boy™ is correct in saying that I want no part of anything that is about to happen about, to, or because of him. If he thinks things through with the least bit of clarity, he should realize that he doesn’t want me involved either.
The Dreadful Pro-Se Schmalfeldt’s next opportunity to embarrass himself in court is coming on Friday. He’s filed for a peace order petition against Patrick Grady. As I pointed out in an earlier post, there doesn’t seem to be any actual legal basis for his petition.
It looks as if Schmalfeldt’s behavior toward Mr. Grady has violated Md. Crim. Law § 3-803, the general harassment statute. I have seen an incomplete list of harassing contacts alleged to have occurred after Mr. Grady asked TDPS to knock it off. There were 23 separate items, 15 of which occurred after the Cabin Boy™ had been served with the paperwork for the Illinois no contact petition. It may be that the person entitled to a Maryland peace order is Mr. Grady.
It would be a shame for him to come all the way to Maryland and not take a few minutes to fill out the paperwork and spend a few more in an ex parte hearing with a judge. Perhaps TDPS’s attempt at pushback will cause him more trouble that it’s worth.
The Grady v. Schmalfeldt no contact petition was dismissed because Howard County, Maryland, had not properly forwarded proof of service to Cook County, Illinois. The dismissal is without prejudice, so when the paperwork makes its way west, the case can be refiled.
Here’s the verbatim report from my stringer in the courtroom:
For starters, the case was one of the last two or three called. Bill was of course not present. There was no proof of service from Howard County in the documents. The judge asked a clerk to check with the Civil Process office and we would come back around.
When it came back around to Grady v. Schmalfeldt, the judge told Mr. Grady that there had been no confirmation of service from Maryland. Mr. Grady explained the circumstances of service. Prior to the 10/20 hearing the out-of-state service fee had been underpaid due to miscommunication, and the service for this hearing had been in the hands of the Howard County Sheriff’s Department as early as Monday 11/3. Grady had played phone tag with the deputy, but before contact was established, Mr. Schmalfeldt had published a couple of posts on his blog indicating that he had in fact been served. So there was anecdotal, but not official, evidence of service.
“Case dismissed. You may file again. When you can work on your service.”
I will try to contact Mr. Grady for his comments.
The Cabin Boy is almost correct—in one sense. The metaphorical beatdown that we administered to The Dread Pro-Se Kimberlin in the Kimberlin v. Walker, et al. nuisance lawsuit was delivered without our having to bestir ourselves to put on a defense. All we had to do was let TDPK engaged in self-destruction.