In Re a Copyright


Bill Schmalfeldt recently published a book called Intentional Infliction. On pages 3 through 12 he published without permission a blog post by the pseudonymous blogger Paul Krendler. Schmalfeldt bragged that he could do so without penalty: “I doubt he will try to sue me for copyright, since he would have to review [sic] his actual name.” Mr. Krendler objected to Schmalfeldt’s misappropriation of his work and sought a way to enforce his copyright.

Mr. Krendler has sold the world book and ebook rights to the web posting in question to me. He has retained all other rights. I now own the rights to publish the material in book or ebook form, and I have taken the initial steps to enforce those rights.

UPDATE—The Cabin Boy™ is acting as if he believes he’s some sort of Grand Inquisitor.@PatO201404302244ZIt’s none of his business.

154 thoughts on “In Re a Copyright

    • WARNING – This thread (and CBBS twitter feed) is a choking hazard. Please put the popcorn away until you finish the thread.

      • Munch on Cinco de Mayo potato skins from Senor Frogs instead (Their Georgetown, Grand Cayman location is da BOMB! hint hint) … Just around the corner from the Royal Bank of Scotland and across from the office of McKeeva Bush’s solicitor …

    • It was a body slam unlike anything the WWF can create. I think I heard it from thousands of miles away.

      However, the apparent excerpts of something that the Elkridge Horror had posted on his Twitter feed earlier this afternoon was truly disturbed and I stand by my remarks in another post.

      He (The Elkridge Horror) has crossed over to that place where only the truly insane live. Those postings of his dark musings were really disturbing. Someone needs to post those to Karoli Kuns.

      Well played, Sir!!

  1. Meltdown now in progress.

    I grabbed a pdf copy of his book from the website – he could pull it at any time, and sometimes these things are useful.

    • Yes, the self-proclaimed “Lord of Satire” seems to not get actual satire and/or parody as a general rule. If I proclaim that ironic, is that libel too?

    • And now he’s demanding to see the paperwork proving that the rights were signed over to Mr. Hoge. Because he wants to see a legal name and contact information.

      Gee, I wonder why he’d want that? /sarc

    • If it libels him and his wife, then why did he put it in his book? And why is he reposting it on his blog? Shouldn’t he be happy about Hoge buying the rights and taking it down?

  2. Bill is completely forgetting that there are plenty of cases of people acquiring the copyright to something to ensure that it does NOT get published.

    And he seems to have trouble with the difference in meaning between vulnerable and indigent, as he is now (and has several other times) claiming to be indigent, which is hard to believe with a roof over his head and a tax return showing $30K in retirement and disability income.

    Or does indigent have a different meaning in Maryland?

  3. Bill,

    Was copyright infringement covered in the imaginary school of journalism?

    Maybe you should call your advisor?

    • He must like you all. I usually only got until 7PM ET.

      Not that a SchmalSchwanzian deadline means a damn thin anyway.

      You can look at it one of two ways.

      You get an extra hour to mock him.

      Or.

      You have to WAIT an extra hour to point and laugh at him when nothing comes of it.

    • Ok. I’m gonna explain this.

      I was totally on my way home when these guys pulled up behind me and started honking their horns really loud and obnoxiously. And these 2 ninjas came out of nowhere and just attacked them. I know what you’re thinking. “She’s lying. Ninjas always travel in packs of at least 3.” But I’m telling the truth. Anyway, they just slaughtered these guys in the car behind me. I thought they were gonna come for me next, but they turned, looked at me and just disappeared. You know, cause that’s what ninjas do. They disappear.

    • He . What a truly disturbed man. First, he publishes a copyrighted blog post thus claiming it as his own (a parody of his own blog post ridiculing Mr Hoge and family that he has memory-holed out of fear) then claims umbrage. When Our esteamed host helps out the author of the parody (because on Twitter Bill is extorting him) in getting justice regarding Bill’s attempted usurpation of copyright, Bill is now enraged that somebody called him on his extortive attempt. Sucks to be you Bill, there is no ‘crime’ involved in what Mr. Hoge (nor “Paul Krendler” who used parody, a first amendment protected form of speech) did. You may press a civil tort but it appears that nothing they have done rises to even a misdemeanor in Maryland. Bill’s actions however, at least here in Florida, is blatant, textbook violation of the Criminal Libel statute, a felony of the second degree, punishable by no more than 15 years in state prison per occurrence.

  4. Oh, CBBS is in his happy place now… issuing demands and threats… picturing his targets being arrested for the wrongs THEY have done to HIM… hahahaha

    I’d call CBBS a circus freak but I don’t want to libel circus freaks. hahahaha

  5. Oh my goodness! ROFL Are y’all reading his twitter dreck? He’s beyond delusions of near-adequacy. He thinks he’s the state attorney now. hahahaha Just about to offer a plea deal. hahahaha

  6. This is not a joke. This is from BS’s book: “I have been nothing but friendly and pleasant on Twitter.”
    He really says that.

  7. Bullshit, Hoggy!!!! You just fucked yourself harder than Hoggy Jr does a gallon of molasses. Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! Hoggy fucked up! v

  8. Is there any doubt remaining, anywhere in the universe, that Cabin Boy is dimwitted, wrapped in stupid, hot-dipped in cretinous, spray-painted with lame-brained and polished with a clear-coat of asinine?

    Truly, lab rats are staggering towers of intellect in comparison.

  9. Paul is under no obligation to turn anything over to BS. WJJH owns the rights at issue and he is the one BS should approach.

    Oh, the peace order. Oops!

    Once again, BS has stepped in it. In the mediation agreement, the one BS promptly violated and peed on (metaphorically speaking) for good measure, WJJH had agreed to name a third party in case BS had questions he wanted answered. Since BS has declared the agreement null and void, why then, he’s out of luck.

      • And even if the bit about retroactively assigning rights, which is a total fairy tale on his part, there is no way using an entire blog post, which takes up over 5% of his “book” could be considered fair use.

        Mr. Hoge would be well within his rights to go straight to court and demand statutory damages, which given that it is easily provable that the infringement was done intentionally, could be as high as $150K. To add insult to injury, costs could then be added. The minimum statutory damages are $750 per infringement (and is that per title, or per copy of the title sold?) with the possibility of costs.

        At least then Bill really would be able to claim indigence.

      • The publisher could also be forced to buy back every book sold or distributed as well as destroy all unsold copies as well as the galleys and digital copies …

      • “Fair Use” is not the wholesale copying of a blog post or any other writing, even as small as a single word. Fair use limits, at most, to 30% for written works and for longer works, limits to specific numbers of words overall for review and literary criticism.

      • Hmmm … I think you may be incorrect John. CreateSpace is the publisher of record I believe. My autobiography was published there in print only and since I did not have the money to pay for self-publishing, I assigned print rights to them in exchange …

      • The paper copy I have doesn’t say who the publisher is, merely listing BS as the copyright holder.

        And it does have this very amusing statement just above the copyright statement:
        “This book or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the publisher except for the use of brief quotations in a book review.”

        So I guess Bill or his publisher think his book has better protections against “Fair Use” than a blog post. WRONG!

      • Evidently Cabin Boy hasn’t learned that there is an entire industry based on receiving assignments of IP to sue infringers upon.

  10. If Krendler wants to, and that’s IF, all he has to do is confirm via Twitter that he assigned the rights to WJJH. BS is not entitled to view any paperwork. Period.

    • Bill likes to think that he’s entitled to anything he wants, and he’s entitled to use any methods whatsoever to get what he wants, legality be damned. And sadly, most of the court systems don’t seem to take this sort of bullying/extortion/harassing very seriously if it’s done online between adults, especially ones living in different states, all of which just confirms Bill in his delusions.

      • they have murder rape, assault, crimes to prosecute but once they do get around to bill, it will be interesting

      • The thing is that if they don’t get around to Bill and critters like Bill, you then end up with people who commit suicide because of the harassment (it’s not just teens who can be psychologically fragile), or people who give up on the legal system because it won’t help them and take things into their own hands, paying a visit (or paying someone to pay a visit) to their tormenter. And then LE still gets to deal with murder or assault.

  11. The past 48 hrs. have been mighty weird. BS got his “sister” involved, wanted a guy in Arizona arrested over an avatar, his “sister” kept telling people with Jesus and Salt Vampire avatars to take them down because they were her mother (!), he tweeted endlessly about sexually stimulating dogs, aka bestiality, admitted that he doxed an infant, and is having an epic twitter meltdown.

    I’m wiped out. I can’t eat any more popcorn.

    Hey! Time for Kettle Chips ( brightens visibly).

  12. That’s the same reason he thought I wasn’t going to pursue him with a DMCA takedown for using my comic in his youtube video calling for donations to get a lawyer. I think he only raised $75.00 all together. I wonder if the people who donated got their money back, since I’m relatively sure the deadline to raise that $25k has passed.

  13. Poor Bill. If his use of the material were “fair use” it would make no difference who owned any copyright even if that person or persons or entity objected.
    Calling foul at someone transferring rights for the express purpose of thwarting an infringing use is a tacit admission of infringing use.

  14. Latest Acme legal theory

    Write a libelous story

    Hide libelous story when making police complaint saying the object of your libelous story is libeling you

    Someone writes parody of your libelous story turning it back to the libelous author himself

    Libelous author who wrote the original libelous story, that was satired and rewritten to be about said libelous author, decides to write a libelous book about his original target that he wrote the original libelous story about

    Libelous author claims victim status because someone rewrote his libelous story to insult him and not his target, decides to steal that material and publish it in a book, the purpose of the book is to libel the target – who he wrote the original libelous story about – but had to hide from the police when he made a false complaint

    After all, someone interfered with his right to write libelous stories at will about his original target

  15. After the reading of this latest adventure, I truly believe Hoge was the model Stan Lee used for Tony Stark!
    You sir are indeed IRON MAN !!!

  16. Wow. I was only away for a few hours and boy did I miss the show. Great chess move Mr. Hoge. CB still playing checkers. But his checkerboard got turned over today.

  17. Heh, clever.

    As a lawyer, there are some issues I’d raise, but I’m not going to give the guy any ammunition.

    Or maybe there aren’t any legal issues and this is entirely above board.

  18. Pingback: On the issue of Doxing | Running Wolf

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