Prevarication Du Jour


grouch365|201507180221ZOf course, nothing I’ve written here at Hogewash! comes remotely close to undermining Patrick Grady’s arguments concerning personal jurisdiction in the Cabin Boy’s LOLsuit.

OTOH, Bill Schmalfeldt is a laughing matter.

I don’t mean that his lawfare shouldn’t be taken seriously. It must be. What I mean is that he is not a serious person himself. He is an intellectual lightweight. He has an overinflated ego. And he is in over his head.

He is also vile and has spent much of the past decade inflicting himself on others via the Internet. XMFan, Daily Kos, Facebook, etc., have banned or suspended him. He now maintains his presence by moving from blog to blog and Twitter account to Twitter account while playing musical chairs with Internet radio feeds. And his faildoxes keep on coming.

A couple of years ago, some folks, I was among them, had had enough of the Cabin Boy™, and we began taking legal action against him. I was the first to be successful, but others have also succeeded in getting restraining orders against him. Schmalfeldt has tried various legal counterattacks, and all have failed or are failing. Schmalfeldt has further beclowned himself with his lawfare.

While Schmalfledt’s lawfare must be dealt with seriously in the courts of law, it should be subjected to ridicule in the courts of public opinion. Thus, one of my responses to his lawfare might be termed LOLfare. Somethings simply deserve to be laughed at.

UPDATE—Caution! Crackpot Theory Alert!grouch365201507181322ZAlso, the Cabin Boy™ hereby demonstrates his inability to correctly read the emotional responses of others. There is a huge difference between anger and derisive laughter.

Prevarication Du Jour


I see that the Cabin Boy™ says that he’s filed another DMCA complaint. This one is against TMZ for posting a link to one of his podcasts.grouch365|201507121347ZAs usual, it’s a false one. If one looks at the html code for the TMZ post, one does not find any of the audio for the podcast. Instead, one finds an embedded link to YouTube.grouchpodcastOf course, YouTube’s Terms of Service permit such linking, so by posting his podcast to YouTube the Cabin Boy™ granted blanket permission for TMZ or any other website to link to his podcast.

The Cabin Boy may wish to meditate upon the meaning of these words:

(f) Misrepresentations. – Any person who knowingly materially misrepresents under this section —

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

—17 U.S.C. § 512(f)

UPDATE—Spoliation?spoliation