#BillSchmalfeldt: ToS Violator


Sore Loserman Bill Schmalfeldt zapped the electrodes on his moribund liberalgrouch dot com site over the past day or so. It’s back. We will see how long it lasts.

As part of the reboot, the Cabin Boy posted a couple of his signature tacky images with my face photoshopped into them. Normally, I wouldn’t care about these particular pictures because they aren’t pornographic and even show a modicum of creativity. As far as any copyright issue goes, the images are well within the limits of Fair Use, but this isn’t a copyright issue.

His site is hosted by Bluehost, and Bluehost’s Acceptable Use Policy says this:

Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).

[M]ay not post … images of … any third party without the consent of said party …

The Gentle Reader will probably not be surprised to learn that the images were posted without my consent, and, yes, I made Bluehost’s Legal Department aware of the situation. They, in turn, told the Cabin Boy to take down the offending images.

Schmalfeld has kicked into high gear of his Sore Loserman mode. He has refused to comply. Moreover, he insists that I should file a DMCA takedown notice—which is nonsense because 1.) this isn’t a copyright issue and 2.) I don’t own the copyright to either of the pictures he has used.

The Cabin Boy engaged in a ToS violation with his hosting provider, and he got caught. Schmalfeldt needs to learn that The Rules apply to him too. The real Rules, not the one’s he makes up as he goes along.

He says he’s willing to have Bluehost take his site down rather than comply. We’ll see.

sir robin shieldUPDATE—Huffing and puffing about non-germane non-facts, the Cabin Boy has tucked tail and run from Bluehost. He’s moved his illiberal grouchiness to … drum roll, please … WordPress.com. (No, I won’t link to it.)

In his rant on the way out the door from Bluehost, Schmalfeldt accused me of laughing at him over his DMCA debacles. Actually, I haven’t thought they were the least bit funny.

OTOH, this episode of his tripping over his own arrogance has made me smile.

UPDATE 2—Cabin Boy Bill has’t turned on his thumbs up/down buttons yet.

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