In Re Copyright Infringement


Beginning in late April, Bill Schmalfeldt began publishing a series of defamatory books and ebooks which used copyrighted works that I own. I advised the publishers of the infringement, and the books and ebooks were withdrawn from their catalogs. On 15 May, Schmalfeldt published the following on his Patriot-Ombudsman blog:

Here is my official DMCA Takedown Counterclaim.  Hoge … [has] until June 4 AT THE LATEST to file suit against me in US District Court for the District of Maryland.

This morning, I filed in the Southern Division of the U. S. District Court for the District of Maryland a lawsuit against William M. Schmalfedlt. The suit alleges 124 counts of copyright infringement since August, 2013.

I will have more to say about this matter at a later time.

UPDATE—Here is the complaint that I filed. It speaks for itself, so I will have no further comment for the foreseeable future.

74 thoughts on “In Re Copyright Infringement

  1. Oops.

    Time to repeat one of my previous comments:

    “When our host says he has no comments on this matter I think a certain individual should be more than a little concerned. And there are reasons to be concerned imo.”

    • “The Cabin Boy obviously has a penchant for beatdowns of himself; the more humiliation and permanent disgrace the Cabin Boy causes himself, the better he seems to like it.”

      FTFY 😀

    • I view it being screamed more like this.

      Unnecessary disclaimer: I am not advocating violence or ill will towards any individual or group. I simply note that when adversaries of our esteemed host believe they are in the advantage, simple missteps or errors in calculation usually result in their downfall.

  2. Someone had their bluff called! And unlike The Cabin Boy™, when our host says he has filed suit, he really HAS filed suit.

    Something tells me just removing the infringing exhibits from the works is not going to be enough. This time I think Cabin Boy™ is going to end up paying for a suit. And Lawyers fees, court costs, etc…and that is before any other monetary awards our host is awarded.

  3. Shaky,

    you have until 6 pm to respond to us with your comments on this lawsuit. Lack of response by that time will allow us to confirm that you are 100% guilty, and a tool as well.

    • Further confirmation is really not necessary, least of all from someone who’s so dishonest.

      I wouldn’t mind if he shut up his fool head about this whole thing. He won’t, though, and you can rely on him to be dishonest in his explanation of his side.

    • At minimum $750 per … depending on the several factors … the total could exceed a quarter million depending on form of publication. In print, for sale in the retail market it is much, much higher than for a blog posting containing copyrighted material. Plus lawyers fees, court costs, etc.
      124 x 750 = $93,000.00 bare minimum (hopefully to be paid to the court, the clerk can therefor seize assets and sell non-monetary assets at auction to satisfy the judgment). By the way, assessed monetary damages in federal court are not subject to bankruptcy and never go away until satisfied. Failure to meet minimum monthly payments as assessed by the court (at minimum of 10% of your monthly income and often 25% if you earn above the federal poverty level) is a federal felony. Thus non-payment of assessed monetary damages payable to a federal court can put you in federal prison. Too bad Mrs. DeLong’s counsel didn’t use this in her case against Brett …

        • If they would take away his internet access, I’d pay for a case of them a month for him! That way I can get a discount on mine!

      • If he would get off the Internet, I’d gladly pay the rent on that single wide shack of his.

      • It’s unlikely that he would be assessed statutory damages. For certain reasons.

        I’m also not convinced that monetary damages assessed in federal court are immune from discharge in bankruptcy.

      • Paul and jjjones – your hearts (and wallets!) are in the right place. Thanks for the lead in to remind all the best place to put your money toward the goal of improving the internet is in our host’s tip jar or to help with legal costs at http://bombersuesbloggers.com/

        😀

  4. Schmalfeldt must be mentally unbalanced. He seems to deliberately provoke unnecessary confrontation, to invite litigation, for nothing more than personal attention. He is very self-destructive. He should place himself in the care of a mental health professional.

    • Besides the personal attention angle, there’s his relationship with Brett Kimberlin. Kimberlin is at fault for getting this unstable guy riled up. And if CBBS hurts himself with his insane antics, remember that Kimberlin could have forseen it and doesn’t give a crap. Brett doesn’t even feel guilty since he categorizes all other people as either pawns or enemies.

    • As I’ve surmised for quite awhile. The reason I pray for him all the time and try to show him how bad a situation he is placing himself in, graphically often, as I had experienced during my experience in the federal penal system. I do not wish that on anyone, even a self admitted sufferer of dementia and adjudicated harasser. He really needs a psych eval (a neurologist doesn’t cut it, he needs a mental health specialist not one who specializes in the physical structures of the brain and it’s functioning). My opinion is that he remains non compis mentis.

      • I personally don’t believe BS’s Parkinson’s holds any explanatory power for telling us why Bill is such a monster toward people. I believe he’s just really not a nice man and I understand that he’s been pulling this crap for a while now.

        That being said, Bill does tell us about mental symptoms of his Parkinson’s. Consider the source. If anything, though, those symptoms just make him less effective at choosing harassment strategies. If that’s the case, who knows – it might even be limiting the amount of trouble he’s getting himself into.

      • It’s not the Parkinson’s.

        Nope, it’s a lifetime of bad decisions, followed by worse consequences, stewed in a miasma of stubbornness, resentment, envy, greed, hubris, lust, and perversion.

        You know, the usual.

        • A court order to remove access and an order that contempt or jail await if the subject owns, has possession of or accesses any public computer or device capable of connecting to the internet in any way shape or form.

  5. But but he wents to a scheerl of Journalism and he’s a member of a socierrties and everything,,,,

    plus he’s in a walker, plus he is bravely standing up for freedom to steal and harass

  6. Ok, I’ve been down sick since Thursday night, so this cheers me up quite a bit. But I went to the store for more clear fluids to fight whatever the hell this is.

    But you couldn’t have posted this before I left, so a brother could add popcorn to the shopping list?

  7. If it weren’t for the fact that I can never forget what he did to my friends Lee and Lauren, I would almost feel sorry for him.

    Almost.

  8. Am I a bad person for wanting to be there, If there isn’t some sort of settlement beforehand and this makes it to court?

  9. Whoah, whoah, whoah. Just read the complaint… didn’t ACME Legal teach you not to actually give specifics as to what actions you’re suing over?

  10. Hmmm….I wonder if the Cabin Boy can produce all those posts from his websites and twitter accounts to show how he is right? Could be an issue for him. When the judge asks him to provide his proof he’ll have to say, Sorry judge, but that account was deleted because I harassed the wrong people. Oh, the OTHER accounts? Yeah, suspended for vile comments, doxing, and harassment. Poor Cabin Boy never knew it would all come back to bite him.

  11. He thinks there’s a 100% fatal flaw to this. Wonder if it’s as much a fatal flaw as @mentions not being contact? lol

      • And then, of course, he jumps from the fair use defense (which he seems to think is a slam dunk) to the DMCA penalties for misrepresentation.

        Because, you know, disagreeing with him about whether his unauthorized use of copyrighted material falls under the fair use exemption equals material misrepresentation, because HOGE (or anyone else who dares disagree with him about anything) IS A LIAR!!!!!!!one!!!!!!1!!11!!!ELEVENTY!!!

        *smdh*

      • Here’s an example of fair use:

        …in the case of a scoundrel, the cad could go ahead and use the material, claim fair use, and let the complainant go through the time and expense, the very GREAT expense, of filing a copyright suit in US Federal Court.

        Stupid fool is stupid.

        He cannot understand the fundamental strenghths of Mr. Hoge’s case, nor the weakness of his own. He actually tries to assert that he’s the honest broker here. Repeatedly bulk reproducing entire blog posts with comments is a preposterous stretch for any concept of fair use.

        I guess a federal judge will have to explain that to the dread dim pro se Schmalfeldt.

        I believe we’ve postulated on his mental stability in the past. This only goes to reinforce any opinions that he is deranged.

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

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