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.
It’s none of his business.
Oh, man! I’m glad I like you, because I begin to fear ever getting on your bad side. 🙂
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 …
As I said, well played Krendler. Well played.
Its not like its rocket science … 😉
Nor even quantum mechanix…….heh!
I have a copy of that somewhere around here … Oh Kyle …
It’s like shootin’ fish in a barrel.
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!!
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.
Hope you practiced safe surfing…
purell large bottles on sale now at Sams
Après vous, le déluge (of demands and threats)…
https://twitter.com/PatOmbudsman/status/461631775249555457
Since the post was a parody of the Cabin Boy’s own post, I’m guessing he just admitted to libeling Mr. Hoge and his wife? Goose/Gander ya know
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
Yeah, and that paperwork will signed…
Paul Krendler
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?
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?
Indignant I could see as valid. Indigent, not so much …
Not forgetting, completely unaware…
Bill,
Was copyright infringement covered in the imaginary school of journalism?
Maybe you should call your advisor?
I. Have. No. Words.
Simply…. BAAAHAHAHAHAHAHAHAHAHA!
https://twitter.com/PatOmbudsman/status/461637209389416449
First off, he is anything but nice. Second, DOOM CLOCK!!! I WANT IT ALL DOUG!
Eh, you have to click on the pic to see the whole thing.
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.
You’re welcome.
I feel the clock coming out! A melt down is about to ensue! Put up the doomsday clock, Fatboi!
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.
Above Schmeckle’s “misappropriation” of someone else’s work, I have it on very good authority that he has really stepped on his crank.
Suffice it to say that he’d best ensure all of his sweatpants are freshly laundered.
HIlarious that Cabin Boy thinks he can order people around still. Delusional.
Well played, Krendler, well played.
As for Cousin Bill, well, he just got played…
Exactly.
I nominate Hoge and Krendler to run the State Dept.
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
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
does he threaten criminal prosecution if one does not comply? if so please screencapture and send to me.
Done.
I think he tried to be careful but as with all things, he failed. Setting deadlines, discussing “fraud,” “mitigation,” etc. Here’s one example:
https://twitter.com/PatOmbudsman/status/461634359628660736
And the officer who wanted to “see it right away” is likely the roommate of the midnight clerk. hahaha CBBS is such a buffoon, and never humiliates himself more than when he tries to play internet tough guy. #FAIL hahahahaha
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.
And think about what that says about him. I mean beyond being a lie. Think of how he defines “friendly and pleasant.” No doubt his sister defines it the same way. Sick, sick, twisted freaks.
It says a lot about their mother…
Yes. Horrible parenting from both of them.
What? He’s got a sister who does the same stuff?
When she’s not on his left foot.
Even if you discounted the butt stuff, you’d be hard-pressed to find any instance of BS being nice on twitter. You’d need a super-sonic search engine for the task.
I thought it was nice that Mr Schmalfeldt reposted the picture of himself with testicles on his chin on his twitter feed for those who missed it.
He gave Paul until 8 PM ET and then AN EXTENSION until 9 PM ET. I’d say that was anything but NICE. It was downright cruel having to wait to point and laugh at him.
I started to read to it but then my eyes started burning…I don’t know why?
The strong odor of bull crap?
Don’t take the deal, @brainsrfood, unless he offers immunity and witness protection! hahaha
https://twitter.com/PatOmbudsman/status/461642715277852672
Also, a bag of Walnetto’s …
Or he’s gonna take your children!!!FOURTYTHREE!!! Wait, what number is it?
!!!1ELEVENTY!!1111!
He was so used to telling sailors in the BOWELS of the ship that he wanted IT ALL. He kind of got used to it, I guess.
OMG Betty! That’s fantastic!
Nothing gives bill permission to publish that which he never had a right to publish. He stole the work. His hands are,as they say, in more ways than one,unclean.
Cannot go into court with unclean hands, Horror!
Yer fooked!
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
Good evening, Bill.
The self hatred projected is having an effect on the Van Allen belts …
Did he even bother to conceal his IP address?
Yes.
Fatboi is at it again, turding where he’s not wanted…they make little rooms for that!
Do we really need the inane repeated expletives stinking up the thread?
You should see some of the stuff I don’t post.
Or maybe not.
I’m sure Mr. Hoge has a nice fat file of all of them someplace safe, and someday they may all just get to come out and show a court what sort of person CBBS is. Or better yet, maybe get to show a psychiatrist doing a court ordered evaluation.
He needs his meds/ DBS adjusted.
Too late for mere meds. He needs THE CURE!
If you stare at it long enough, you can see the Mona Lisa. No, not really. But you can see the crazy.
Not only see it, I can smell the crazy from here… hahahaha
“My God, it’s full of stupid!”
Big ups for the 2001:A Space Odyssey reference!!!
This rant must be the Elkridge equivalent of “all work and no play makes Johnny a dull boy”. That ended well too.
Whoa, someone is angling for a 72 hour obserational hold.
I’m thinking he’s well past just 72 hours.
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.
I think so, Brain …
I’ve said it before and I’ll say it again. I’m just starting to think that this Schmalfeldt character isn’t playing with quite a full deck. Or cards.
He couldn’t make a Blackjack hand …
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.
I do love reading Unca Biwwy’s take on the law. He tells pretty good fairy tales.
Yeah, here’s the latest bunch of malarkey:
https://twitter.com/PatOmbudsman/status/461642233851424768
Baloney.
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 …
It was self-published by the Cabin Boy™.
“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 copy I have here on my desk shows Schmalfeldt as publisher.
That clears that up. Makes his hole even deeper …
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!
you put it on your desk -ewwwwww
remember Lysol only kills 99.7 percent of all germs
I know one person who bought a copy. And I don’t think they are inclined to sell it back.
ACME Legal is at it again!
the “fair” part of fair use also applies, not just the “use” bit.
Evidently Cabin Boy hasn’t learned that there is an entire industry based on receiving assignments of IP to sue infringers upon.
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.
While I respect your opinion, and I do, don’t give the bastard anything. Make it cost him!
I agree. Let Willy sweat.
I concur. That’s why I sad “if.”
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.
https://twitter.com/PatOmbudsman/status/461637471487672320
You’re a one-trick pony Willy, and your trick isn’t working anymore. You’ve made so many empty threats that nobody is scared of you. They know your threats are as empty as your head.
Now go away.
BTW, very, very well played you two. A smackdown of epic proportions!
Shorter BS:
“Other people make empty threats. I put mine in writing.”
“…where they can be screen-captured and used against me later in a court of law.”
Or to maximize the mockery factor.
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).
And Rollos!
This episode calls for Junior Mints & Raisonettes. I might even break-out the Sno-Caps and Jujubees next.
Mm. Raisinettes and Jujubees.
mmm Sno-Caps. testify.
Sorry Gentlemen…but it’s Junior Mints. On ice. With Dr. Pepper. No ice.
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.
Simply epic. Bravo.
http://youtu.be/eXrRUSRTj3k
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.
https://twitter.com/PatOmbudsman/status/461664239518613504
Willy, you never asked for or got the rights, that’s why you don’t get to see them.
“Hey, I stole that post fair and square! I demand you show me what you’re doing!”
His ability to reason and analyze is so poor, he would never have made it through law school. Or quantum physics classes.
did you see the flowchart? gawdawful.
Or 3rd period social studies.
The Flowchart!!!
Wile E. Schmalfeldt, SOOOOOOOOPER GENIUS
Or shop
Or remedial math…
Or gym…..
Or English
Or social studies
Or recess….
Or gym …
Or a real journalism school.
Theft of intellectual property is a crime.
New official reference: Wile E. Schmalfeldt, SOOOOOOOOPER GENIUS
Congatulations Perfect Tommy!!!
https://twitter.com/PatOmbudsman/status/461672006887698433
Good God Willy, how many times have you threatened people with this stuff?
And nothing ever, ever happens.
Shouldn’t you at least start to be embarassed by now?
Maybe in his world someone does go over and contact them?
You know, for some reason, I can no longer view words like “contact,” “touch,” etc., when used in conjunction with his name, without remembering BS’s bestiality rants. What kind of mind would see that photoshop and go off into a rant about sexually stimulating a dog? It’s like when he talked abut the blood of “virgin babies.”
No, in his world, anonymous people call 911 and report shots fired at the residence of those perceived to have offended.
Ever the master of the creepy turn of phrase.
Above Schmeckle’s “misappropriation” of someone else’s work, I have it on very good authority that he has really stepped on his crank.
Suffice it to say that he’d best ensure all of his sweatpants are freshly laundered.
He wanted to know if there were any flaws in his logic (LULZ) in reference to his Heavy Flow Chart.
He’s about to get an answer….
You and I both know that Neal made that chart. But people who follow Neal’s advice often end with arrest warrants or in legal trouble. That’s the part Neal always forgets to mention.
Que Sera, Sera.
Heh. Reminds me of some biblical maledictum …
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
Sounds legit.
You left off the part where the Libelous author invents nonsensical legal theory about an assignment of copyright of the parody being a fraud because …. ACME Law says so.
No, no. according to CB, it’s the “assignation” of the copyright.
I’ve been cracking up watching him talk about his various assignations all day. (Now don’t anybody tell him what that word usually refers to…)
BTW, my lovely wife has joined the ranks of lurkers who are hooked on the Cabin Boy Saga. She just remarked “Poor Old Bill isn’t completely worthless, his entertainment value is absolutely priceless!”.
She’s not a full-fledged lickspittle until she has her own account, Rick.
I stand corrected 🙂
You, sir or madam, are a hammer…NAILED IT!
OH dear lord, I’m away for barely 24 hours and look at what I missed!!
O.o
And as usual it can be summed up as Troll did something stupid, troll got pwned, troll rants stupidly, others laugh, repeat as necessary.
We shall call him “Toby”.
Ya just can’t make this sh…stuff up
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 !!!
On, noes! Massah Hoge’s done gone & got hisself in a heap o’ trouble! That Bill fella say he goins to jail!
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.
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.
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