Meanwhile, Back at the Merits …

The sideshow of the past 18 hours may have been amusing to some, but it has nothing to do with the merits of the copyright infringement lawsuit that I have filed against The Dreadful Pro-Se Schmalfeldt™. That’s not to say that the practice of law without a license is unimportant, but it is a matter to be addressed separately.

Stay tuned.

61 thoughts on “Meanwhile, Back at the Merits …


  1. There is so little doubt as to the outcome (sorry, Cousin Bill, but you’ve already lost), we need to entertain ourselves, somehow…

    Mayhap Bagdad Blob has something to say about this?


  2. As you say, it doesn’t. I’ve never met you, despite having dug you a new pool using only a teaspoon, but you don’t strike me as a man who acts hastily or without some planning. The case will unfold on its own schedule, and Mr. Schmalfeldt and other readers of your blog will have answers when the time is appropriate, or through discovery, as it should be.


  3. Merits? How quaint. Regardless of bluster, BS knows there are no merits to his counter attack. Because that is what it is not a counter claim, but a counter attack. He abides by the Acme rule, which is accuse the accusers. By throwing as much mud into the air as possible, he makes all involved seem distasteful. Thus judges are annoyed by the whole thing.

    If you presume that in the courtroom the law is in control, then you think this effort is wasted. But if your presumption is that in court the judge (and/or jury) cares about the people involved, and not just the law, and will act on feelings and perception of what sort of person is standing before them – well, then this makes a great deal of sense. If you watch a trial, you will see that lawyers spend a lot of time trying to make the other side look bad and their own side look good – not necessarily legal, but good. Or, to use some other words, make their side look sympathetic, and the other side unsympathetic.

    I come down on the view that the law is a side matter in the courtroom. Seems counter-intuitive, but if you watch real court and not TV, you will see it.

    That doesn’t mean that it always works – if you try to look sympathetic, and largely are NOT sympathetic, it will fail. If you have not learned how to fake sincerity – you will fail. Perjury works, and the risk/reward skews way toward reward – that is why people do it. BS avoided a peace order by lying about notification.

    So it really doesn’t matter that BS doesn’t know or understand the law. He isn’t working on the law, he is working on the sympathy judgment.


  4. Oh, now Paul is Lynn. The other day BS hoped it was Kyle.
    Someone does look like a loon, and it isn’t WJJH.


  5. Well, he is on a new rant about the metadata. Methinks he does protest too much. BS has now convinced everyone that WJJH is correct. Oh, and “it isn’t libel if it’s TRUE.” – BS


    • Woo hoo! He just tweeted this comment in its entirety, as he has done with others today! Copyright infringement? To paraphrase BS, he is digging his own tar pit, stacking more wood on the pile, blood of virgin babies, blah blah blah, and other odd verbal tics.


      • I really liked this one:

        And even if he gets his day in court …he has to overcome the Fair Use Doctrine.

        Doesn’t “Fair Use” have to overcome the infringement? Oh right, ACME Law.


      • Michael and others repeatedly tried to explain the concept of affirmative defense to him. Lot of good it did.


      • Facts just confuse him. It’s almost as if he had gotten his info from some unfrozen pro se caveman…..


      • Bill shows a few aspie traits himself. Many of the aspie’s I know will get an idea in their head about how something is supposed to happen, and nothing, absolutely nothing, can change their mind. I’ve seen a teacher be unable to convince an aspie student that the student was overthinking what was needed for a short presentation/report; it only needed to an overview but the student had decided that the report meant learning the very difficult calculus involved (and this was in a pre-calc class), and eventually the project had to be changed because the student just couldn’t believe that it wasn’t what they had initially decided it to be.

        Bill has decided that Copyright Law means that the owner of the copyright has to prove the illegality of the infringement, contrary to the law, where the infringer has to prove the legality of his/her actions. Even when he loses in court, he will not change his mind; he will just come up with some bizarre conspiracy theory to explain how the court at best misunderstood the law, or at worst, ruled against him maliciously.


    • I’d think someone who was fairly secure in their suit’s legitimacy (as Hoge is) wouldn’t need to constantly repeat how someone else is WRONG (as Twinkie does)
      …it’s as if Twinkie seems to think he has to convince someone (other than a judge in court) that he is right before it gets heard….

      kinda like his build up to the PO being granted, and his appeal being denied….lots of tweets detailing exactly how Hoge was going to lose big time in court, and when the case was actually heard it was Twinkie who got his ass handed to him.
      OF course he blames everything other than his own mis-perception of reality for it…and continues down that same well worn path today…

      O.o


  6. If BS truly wants to lead a quiet life, then when his counterclaim is dismissed and if WJJH makes him a settlement offer, he should take it. Name calling and insults in 3…2…1…


    • You sure are yanking his chain today, A Reader… simply by expressing your thoughts and opinions on a blog that Cabin Boy is FORCED to visit fourhundredsixtytwo times a day.

      All that “get a life” advice that has repeatedly been given to Baghdad Blob could have been heeded. But, nope. Baghdad Blob always knows what’s best. Man… is he screwed. Heh.


      • Well, I’m not trying to yank anyone’s chain. It seems like he takes offense whenever anyone says something he disagrees with, or doesn’t want to believe. Michael has been very polite to him, and BS called him a hypocrite.


      • I believe that was in response to his own inference that Mr. H. was implying that CBBS was practicing law without a license. Actually applying Occam’s Razor to Mr. Hoge’s statement would lead one to infer that Bill was recieving help from a certain Pro Se savant unlicensed jailhouse lawyer. It would, after all, be very difficult to believe that someone with advanced Parkinson’s cobbled that together all by himself.

        Now Hanlon’s razor cuts pretty much the same way, but carries much less weight in this question as the malice and stupidity are neck and neck (and neck sorry, couldn’t resist).


    • “I was doing you a favor, Mike.” — Bill Schmalfeldt

      “If you don’t get on that plane, you’ll regret it. Oh, maybe not today or tomorrow. But soon.

      Here’s lookin’ at you, kid.” — Bill Schmalfeldt

      Michael is absolutely right about the CREEP factor. The Deranged Cyberstalker needs a serious, mental-health evaluation. Unreal. *shudder*


      • Nice little life you have there, (Mike, Chris, Rain, Nancy, Robin, Erin, Aaron, Hoge . . . .), it would be a shame if anything happened to it.


      • Agreed. And what plane is bill yammering about? I assume he’s using it as an idiom, but as with most of his attempts along these lines, it’s a big #fail.


      • Mike, you nailed it in a couple of your pieces – it is not what others have said about him, it’s his own creepy behavior. It’s the sexist way he talks to women and delights in denigrating them. It’s the way he enjoys attacking the masculinity of men, and in “complimenting” them on their wives and children. I find it revolting.


      • On a side note. It’s very refreshing to see a complete outsider come aboard and take time to read everything about this entire story(ies) and draw his own conclusions. I’m not sure if anyone has told you this, but thank you Mike for your blogs,and your opinion in all of this. It’s probably more appreciated than you know.


  7. Hello! Long time listener, first time caller.

    I think I may have an explanation for a lot of the Cabin Boy’s behavior. I’m beginning to think that he has some sort of twisted “suicide by proxy” thing going on. Not really sure what to call it, but that’s the best I’ve come up with.

    His bluster is just a thin shell. It’s an attempt to hide the deep insecurity and hatred he has for himself. He doesn’t have the guts to do anything to change his life for the better, nor to end it all. So he keeps poking and jabbing anybody that he can find, trying to enrage them… hoping that they might just end his misery.

    Ever notice how whenever he perceives a “death threat”, he blows on it like a little ember, trying to make it catch fire?


  8. A Reader wrote: “Mike, you nailed it in a couple of your pieces – it is not what others have said about him, it’s his own creepy behavior. It’s the sexist way he talks to women and delights in denigrating them. It’s the way he enjoys attacking the masculinity of men, and in “complimenting” them on their wives and children. I find it revolting.”

    Revolting, indeed. Cabin Boy delights in attacking others — AND, THEIR FAMILIES — yet, he loses his mind and blathers for hours-upon-hours on his Twitter timeline when people merely discuss issues related to him, or make the slightest mention of his Mother, twin brother, and/or children.

    He’s a kook. A REVOLTING, hypocritical kook.


  9. “On a side note. It’s very refreshing to see a complete outsider come aboard and take time to read everything about this entire story(ies) and draw his own conclusions. I’m not sure if anyone has told you this, but thank you Mike for your blogs,and your opinion in all of this. It’s probably more appreciated than you know.”

    Gosh Jerry, you’re making me blush.

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