I will be spending time consulting with my
coconspirators codefendants and our lawyer before this afternoon’s pretrial hearing in the Kimberlin v. Walker, et al. nuisance suit.
Blogging Will Be Light This Morning
I will be spending time consulting with my
Reblogged this on Dead Citizen's Rights Society.
I vote you temporarily secede control to me – I will now sing a melody of famous yet previously unheard show tunes from the Albany off stage summer production of “You asked For IT”
recommend you turn down the bass on your speakers in 3…2…1…
Is that based on the Stephen King novel?
pick any nightmare – really…
Good luck to you and the others.
Be Happy Warriors!
Remember to run “breathlessly” to the court clerk to get the audio!
Hmmmmmm…..wonder what this could mean?
Oh, the suspense.
anything not a slam dunk win for Hoge and the other defendants will be spun as a VICTORY!!1!1! by Twinkie later on today…
just part and parcel of his service as BK’s PR mouthpiece..
Hoge would be a fool to take the settlement offered by Bill. Bill is deflecting attention, badly, from the fact that he’s just learned that his victory wasn’t as sure as he thought. He was completely unprepared for the salient response Hoge had to his counterclaims. The only person who gets anything out of this “settlement” is him. He offers absolutely nothing to the other side. Nothing.
If Bill really wants this to go away, then he needs to offer something to the other side. Funny, yesterday he raised his settlement demand from $1million to $2million. Today, he’s willing to settle for the pocket change he spent sending out notices. Or something. He didn’t even include what his “expenses” are. But the only person who gets anything out of this “settlement” is him. Not only does Hoge end up paying him money, he gets to walk away and brag about it.
Were is the Win-Win here? Why would Hoge take nothing, absolutely nothing, instead of going for the big win? The clear answer is that Hoge wouldn’t do that.
He really has fooled himself into thinking Hoge and The Hogeists are fools and idiots…
Wow, life is hard, and it gets even harder when you behave stupidly.
Let’s not forget that he filed false papers with the court. He claims he had income, however small, from book sales, yet reported income of 0 on both his taxes and his court forms. Tsk, tsk, lying liars gotta lie.
Twinkie doesnt seem to understand how tax filing is for the previous year not the current one…
Yep, Rain is correct. The Cabin Boy posted his 2013 tax return showing 0 income (other then pension and disability) but claimed to have sold books during that year. Lying liars gotta lie……then try to cover it up and deflect.
“…then a fight he shall have.”
Melodramatic tub of goo.
Give ‘rm Hell, Sir.
Pingback: Kimberlin Hearing Today : The Other McCain
Negotiating with oneself is a losing tactic –
To put in context the offer
Serial Adjudicated Harasser Mr. P steals Saint H’s car he had parked in the street.
Saint H demands car be returned at once
Serial Adjudicated Harasser Mr. P says sue me – you weren’t using it
Saint H sues
Serial Adjudicated Harasser Mr. P offers a compromise that he will generously return the car – only if he can use it on weekends
WMS Radio Network
Let’s hope Hoge doesn’t allow people with no skin in the game deter him from taking a sensible way out of this mess he made.
WMS Radio Network
Let’s hope Hoge doesn’t allow people with no skin the game deter him from LETTING ME take a cut and run out of this mess I made
The flake is in full freak-out, fear-pee mode. BEGGING Hoge to drop it all. Mr. Hoge will do what is best for Mr. Hoge. If Inspector Jiggles believes that any course that Mr. Hoge takes is because of his readers, then Inspector Jiggles is indeed as stupid as I have always believed.
classic projection, Twinkie does what others (who dont have his best interest in mind) tell him to do, so he assumes others do as well…
along with assuming Hoge has/will made/make the same stupid legal mistakes he has…
the reality that Twinkie refuses to see is that Hoge does what is best for himself regardless of what any commentors may suggest. Whether his decision is to drop or pursue this suit, his decision will be based on his own reasoning, not ours and definitely not Twinkie’s..
and the name is RAIN, Twinkie, try to get something right once in awhile, you may like the feeling…
Oh, like Howard Earl was Jerry Fletcher, Robin Causey, and a dozen other people? And Kyle is Krendler and they’re both Lynn? Like that?
yep, exactly like that…
If I knew then what I know now, I wouldn’t’ve offered to use my twitter account for our Fandalism page, I’d’ve created a new one for it..
but that was back before I had even heard of the Deranged Cyber-Stalker Bill Schmaldfeldt.
It’s interesting that we all take orders from our “daddy” Hoge, but suddenly he thinks we’re the ones giving the orders?
He really needs to write down what he thinks the Lickspittles Organizational Chart is and stick to it when writing these idiotic posts and tweets.
It’s official. We have a doom clock. And such a reasonable doom clock seeing as Hoge is at the courthouse. Love the timing.
Congrats, Mr. Hoge. You’ve reached DOOM CLOCK status.
I love the doom clocks.
“What is NOT needed is a chorus of yapping spaniels urging someone else into a fight. Let’s all just walk away. Simple. No one gets hurt.” Bill Schmalfeldt
Apparently we’re all spaniels until Mr. Schmalfeldt steals our property intellectual or otherwise) or until we have a peace order against him and he breaks it. Sadly for Mr. Schmalfeldt, it really does not appear if Mr. Hoge will take your generous offer. Since the last time Hoge went into mediation you refused to abide by the terms. Who thinks you will ever follow through on any gentlemen’s agreement?
Who, indeed? After the last year’s antics and gyrations?
Bill brought me into this fight – he’s in for a harsh wake-up call if he thinks he can dismiss me from it on his terms.
Yes, he’s going through his “we’re reasonable” phase, wrapped in veiled insults, such as WJJH is feeble minded and led by his “followers.” Again, not a great negotiating tactic.
But something else has reared its head, and perhaps Howard can enlighten us:
This comment, accompanied by the screenshot, strike me as someone with the emotional development of a toddler. To recap: BS, who fail-doxed Robin Causey, harassed the man, photoshopped his wife standing on a penis, posted pictures of his daughter, to the point that Causey had to get a restraining order on BS. This went on for days.
So, BS’s “apology”? “I’m so sorry I faildoxed you and your wife, and by the way, you’re both liars and perjured yourselves on the application for the restraining order.” That’s an apology? On what planet?
So, what caused BS to post this now?
to somehow prove he knows who Embryriddlealum is, cause they knew this person had died, and ONLY Chris Heather could’ve known that, NO one else in the country just Chris…
No, that was what he did then. He just said “I guess he didn’t see this,” which suggests that he has heard from someone regarding Robin Causey. Howard has been promising that there was more to come on that front.
that would definitely explain why he’s gone from HOGE CANT WINZ!!1!1! to “can’t we all just get along” so quickly, wouldn’t it?
so many shoes about to drop, and all on Twinkie’s head…
Rain, … or shall I call you . . . LYNN? (cue doom music) Or KYLE?
Obviously a threat to Lynn Thomas and her father.
That’s how I read it.
I think it’s his proof that he’s offered an apology in the past. An apology riddled with threats, innuendo and insults. So no, not really an apology.
And what’s really creepy about it, is the whole “I can’t contact” thing. So he wasn’t to apologize to someone he can’t contact (because of his behavior) and that means he he has the right to insult them publicly on the internet. He has the right, it’s just creepy.
Why couldn’t he have simply made a retraction? Like journalists do.
as you said before the rulez of BS don’t apply to BS…
and now he’s leaving a key bit of info OUT of the tweet he’s claiming Ali made…
what Ali tweeted
Ali A. Akbar @ali · 36m
Was at the court hearing with #BrettKimberlin today. We have an official trial date in case this doesn’t go out on summary judgement.
what Twinkie tweeted
WMS Radio Network @wmsradionetwork · 4m
Akbar is tweeting that an official trial date has been set for the Kimberlin state trial. Motions hearing July 1. I am changing my offer.
one of these things is NOT like the other, can YOU spot the difference??
typical BS from twinkie..
I’m sure it’s too little too late.
while it’s true a broken clock is right twice a day, Twinkie can’t even match that low bar average..
Of course Twinkie would LOVE for me to post my last name and other info to show he’s wrong, so he could then go after and harass me in RL like he’s done so, so many others.
There is a reason Paul Krendler is anonymous after all.
not gonna happen Twinkie but keep telling yourself you’re right about everything, till you get your ass handed to you in court..
…or eventually, handed to him in jail, no doubt.
And whoever predicted he would roll back the clock on his website — ding! Update your virus protection, grab a hazmat suit and check out the new site — updated to memory hole everything since May 30th.
predicting he’ll do that is kinda like predicting the sun will rise in the morning and set in the evening…
What’s the over/under on the number of contacts Bill makes with Mr. Hoge on the day the PO ends?
And I’m sure Hoge is most amenable to an agreement with Bill. Look how well the mediation to drop all those charges went!
notice how in his tweets he’s arguing his version of the facts (LIES) and ignoring the reality of the situation..
he wasn’t facing over 300 charges for using the @ symbol, but for VIOLATING a PO
Hoge isn’t suing to kill books that are already dead, but to stop Twinkie’s constant THEFT of his blogs…
lying liars gotta lie but he’s really delusional if he believes his own lies..
Well, definitely more than one since Cabin Boy has already assured our Gentle Host HE WILL BE sending an email on THAT VERY DAY.
Nothing like Baghdad Blob signing himself up for YET another Peace Order and/or extension of a Peace Order.
Poor John and his family. My heart simply weeps for the nonsense they are forced to endure because Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt CANNOT exercise even a smidgen of impulse control.
Twinkie is just a symptom, the disease is #BrettKimberlin
New doom clock!
WMS Radio Network @wmsradionetwork ·
My offer to drop my counterclaim contingent on Hoge’s dropping of his lawsuit and his agreement to pay fees. This offer expires at midnight.
He want Hoge to pay his fees!
he also says he just wants to be left alone (again)…
if so then why did he file a bullspit counterclaim that had no hope of winning??
WE HAVE A DOOM CLOCK!!! ALERT THE MEDIA!
Pay his fees so that Cabin Boy’s frivolous and incompetent counterclaim is dropped? Uh, Cabin Boy, that’s inevitable. You were incompetent.
Pingback: An Apology to WJJ Hoge and Bill Schmalfeldt | Running Wolf
I posted this below, but on topic to the thread:
Ali reports that they are out. And they have a trial date if the July 1 hearing does not end the case.
I do not believe that the court would have set a trial date if there were any reasonable doubt about the case getting to trial.
WTF!?!?! A pic of a headstone is an apology? He tried to “broach” some subjects with me? When was this? This is creepy as hell.
I’ll tell you what went down.
I get a phone call from the guy end of April. He’s raging. I have no clue what’s going on. I get another call, then 4 or 5 calls from someone using a voice filter or preprogrammed sentences. I unplug the phone. I check my twitter page that I hadn’t been on since February because I’m thinking someone hacked my page and is harassing this guy. My page is fine. Next I check my email that I hadn’t checked since February. Two emails from the guy. One is a DMCA take down claim over my avatar. The other is a pic of the star trek salt monster. I figure that’s the end of it. Next day my wife shows me a letter SOMEONE sent to her boss and the board of directors. To get her fired. So we go to the judge. She looks at the letter and grants an injunction. Dude gets served and immediately the crazy phone calls start up again. Then the guy goes off on a rampage. Defaming me, slandering me, libeling me. Putting my children in harms way, attacking my wife. Dude tries publishing books with all my personal info and pics of my kids. More phone calls from SOMEONE. I go to the cops again, then my lawyer, then my congressman. Monday I met with the Sheriff and a couple of detectives from the cyber crime unit. Meanwhile, all the info this guy threw all over the net is still out there. Because of this guy that I’ve never contacted and only ever mentioned after he’s totally gone off the rails against me I have to deal with threats and potential threats against my family for as long as SOMEONE is getting their jollies off doing it.
See, it doesn’t matter who’s harassing me at this point. My injunction clearly states no third party contact. So I figure if it’s not him, then it’s someone he knows. Either way he’s responsible. Even if he doesn’t know who it is, he’s still responsible. Because he came after me and my family for no reason. None. Zero. For all I know embryriddleguy is him or one of his friends acting up so he has an “excuse” to go after people.
But here’s the kicker. I’m not even mad. Being mad means you have some emotional investment with your harasser. I don’t even know the guy. All I’m doing is being a responsible parent and husband by protecting my family. I went to the police, like a good parent. I went to the judge, lawyer and congressman, like a good husband. What they do is up to them; based ENTIRELY on the action of BS. I have nothing to do with whatever investigation is or isn’t going on. My focus now is on toughening up Arizona’s cyber harassment laws. I don’t think it should be legal to endanger children over the net. Therefore I have meetings scheduled with my state reps to try and fix that. As part of my presentation I show all the crazy stuff that happened to me and my family. I rarely, if ever even mention the guys name. Because he’s only relevant to me as an example of the kind of online behavior that needs to be criminalized.
So there you go. The straight dope from the guy who has posted only once here, once at Krendlers hang out and once at McCains joint. I’ve said nothing about this on twitter or anywhere else. The only reason I’m even posting this here is because someone sent me a message about the headstone pic…and then some other people did so I figured I should take a look. And it’s not cool. I have a life. I wish my harasser would get one…but it looks like this kind of stalking is only good for three to five.
Questions? Hope not because I’ve just written everything I know about this mess and would like to get back to child rearing and home improvement junk.
Good grief. God bless you and yours, Aaron. And, best wishes for your efforts toward strengthening Arizona’s cyber-harassment laws. People like Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt need to be punished — HARSHLY — for the havoc they wreak upon innocent people’s lives, their families’ lives, and jobs.
Again… my heart weeps innocent people are on the creepy freak Bill Schmalfeldt’s radar because… evil.
Well, thanks Grace. I doubt if anything will happen to BS. Maryland doesn’t have much on the books regarding cyber harassment from what I’ve heard and Arizona isn’t much better. Hence the cyber law campaign. My goal is to protect other peoples families from this sort of behavior in the future. There’s 56 other states according to obama and I bet some of you live in ones that don’t have cyber harassment laws. I think if you have the time, some of you should at least write a letter to your state rep asking them to fix that.
Gotta’ start somewhere.
This was May 19 – that was when he posted that bizarro “apology” on his blog. He just resurrected it with that odd comment.
Thank you very much for providing the update, Aaron Burr. I wish you Godspeed in getting the changes you’re working toward, for the benefit of all.
Yes, and I will look into not only my state’s cyberharassment laws, but SLAPP laws, as well.
I wouldn’t be surprised if the Howard County popo paid Mr. Bill a little visit this afternoon, and that’s what caused him to tweet that.
Don’t get the connection. But I’m new.
Robin (Super Aaron Burr) has been meeting with people regarding the harassment his family suffered at the hands of BS. On May 19, BS had posted the “apology” in the screen cap, above, because he had decided that he had made a mistake, that Robin was not @embryriddlealum, whom Bill now thinks is Chris Heather. Again.
At any rate, BS sent out a tweet this afternoon, with a screen cap of his memory-holed “apology,” accompanied by the comment, “I guess he didn’t see this.” Since @embryriddlealum has noted on several occasions that things were going on behind the scenes regarding BS’s harassment of the Causey family, I had to wonder why BS would bring all of this up again, accompanied by that comment. Robin just explained that he met with his sheriff this past Monday to discuss the harassment. All of this makes me suspect that LEOs in Arizona contacted LEOs in Maryland and asked them to have a little talk with BS, or that he got a phone call or something along those lines.
Hope this clarifies things!
Nice write up. I do have one question. Do you have your presentation material in an electronic format? I’ve got meetings with my reps set up to discuss some other issues, mostly regarding motorcycle laws. It would be handy to put a bug in their ear about the weak Harassment laws we have in Alabama. Seems you’ve done the hard work of organizing it already.
What materiel do you need? Everything I have was given to me by people here who screen cap & catalog whatever it is that guy writes about people. Hell, half the time they repost it all here.
Anyway, I would think the Thad Cochran case would have put a bug in your legislators ear already considering the guy who stalked his wife was another internet reporter.
But sure, I’ll send you whatever it is you need to wake up your law makers.
Thank you sir.
Or just look up the Roger Shuler case. Strange that Bill considers him a “friend” too.
The Shuler case is a confusing and quite stupid case that goes to show how stupid things are in Alabama when it comes to online stupidity. I’m more afraid bringing up Shuler in any capacity would turn off Alabama lawmakers. I’m 90 miles to the north, and we still can smell the odor from that mess.
Glad to hear your version of what happened. Bill keeps shrieking about how you’ve lied on the application for the restraining order and that he only called twice.
Your story makes a lot more sense. Good luck with getting rid of him and trying to get the law to recognize the 21st century.
Some updates in the Maryland case. Yes the mandatory settlement hearing was vacated. I guess everyone involved just said GFY, so the court said, well, not much point in that.
The Plaintiff is seeking summary judgment on counts 5 and 7. Not sure which ones they are, I think they are stalking and harassment. Don’t have the complaint at hand. I think that means he is dropping the counts, because he can’t just drop them without an amended complaint, which I think he may not be able to do now that the trial is scheduled.
Some other back and forth docs on sanctions and summary judgments.
And a two day trial set for August 11.
Looks like I was misreading. I missed that BK had sought summary judgment on all counts – it appears that was already in the July 1 hearing. Looks like what was added today was RSM’s motion for summary judgment on 5 and 7 which is stalking and harassment – for him. That had not been on the docket before in the hearing, now it is.
So BK is not looking to drop any of this.
I realize these are quoted above, but thought they should be preserved as they appeared.
WARNING: No food or drink until after you’ve finished reading these tweets. Damage to your keyboard could result from ignoring this warning.
hahahahahahahahahahahahahahahahah Oh my, I could get hurt laughing this hard… hahahahahahahahahahahahahahaha
That’s a violation of the PO right there I believe.
That is pretty hilarious. The Black Knight of Monty Python has nothing on Cabin Boy.
New posts at Michael’s Running Wolf blog: https://runwolf.wordpress.com/
A “settlement” for the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt? Hasn’t our Gentle Host already taken that route once before (as Baghdad Blob soon after violated a mediation agreement, and gleefully continues to “X” out days on the calendar breathlessly awaiting 14 Jun 2014)?
Check out Baghdad Blob’s Twitter timeline. Michael has been “engaged” in all of this mess but for a “very short” time, yet has already earned the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt’s gold-star endorsement of Michael’s “settlement” suggestion regarding how all of this should play out in the best interest of “both” parties.
Bill Schmalfeldt’s Seal-of-Approval. Nicely done, Michael.
I think Michael’s Assumption 3 is logically flawed. “WJJH suffered harm when WMS infringed his intellectual property.” Got that. But then: “WMS suffered harm when WJJH filed suit against him.” If WJJH suffered harm and filed suit to remedy that injury, then WMS did not suffer harm, he was held accountable. To conclude otherwise would be to say that defendants in civil and criminal cases, oh, for example, bombing perjurers, suffer harm when they have to pay for their crimes or civil torts. I don’t agree with that.
Not to mention to suggest as a resolution, well, both sides will stop posting about it.
That is what one side really, really, really wants to achieve
BS wants to muddy the waters to make it look like both sides have committed equal wrongs, and thus an equitable settlement would treat both sides equally.
Filing his countersuit was merely as a ploy to have a bargaining chip – something to drop. It is meritless, and he knows it.
The ploy is so obvious.
Earl, you have a way of getting to the hear of an issue.
Agreed, Grace and A Reader. Michael seems to be a very, very nice person whose intentions are good and peaceful. Not having been involved or having been a spectator for very long, I can understand his natural, nice-guy impulses. It may take a while longer for him to understand how unwarranted and useless those impulses are when dealing with someone like SchmalFAIL.
Rather than fisking the entire thing, my bottom line is this: Why should our host pay anything at all?
The way I see it is that SchmalFOOL infringed copyrighted materials. He did so knowingly and willfully, even bragging that he wouldn’t be sued over one infringement because the author didn’t want to be doxed by SchmalFAIL. (See that? Expects to get away with things because he’s just so foul.)
SchmalFOOL then doubled down on stupid by filing against the DMCA, and gleefully demanding a lawsuit be filed against him, else the author’s copyrights would be forfeit.
So, our host could throw up his hands and give up his copyright, ensuring theft of future works, or file suit to protect himself and his future works.
SchmalFAIL’s actions and demands have caused everything. Period. Our host has responded in responsible, measured, legal ways. It is beyond me how anyone can find any fault with Mr. Hoge, or suggest he pay anything, especially when he will receive nothing. Once SchmalFOOL marks this down as a “win” – just like with the peace order violation settlement – he will no doubt continue his behavior as before – just like with the peace order settlement. Our host will again have to go to court to enforce the agreement. He’d be starting over from square one, and again, for no ostensible benefit that I can see.
Grace, no doubt the Blob agrees – it’s all he’s asking for and more.
Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt claims our Gentle Host has until the stroke of midnight to drop his suit against the Cabin Boy OR Mr. Hoge stands to lose EVERYTHING!!1!!ELEVENTY!!1!!!43!!1!!
I’m not sure that’s the way I would play things were I in Baghdad Blob’s position.
Wow. Just wow.
Yes, he makes the “offer” while Hoge is at court, and while BS is under a peace order, so no contact. A pointless and irrelevant “offer” without any credibility.
No third party contact, either. So, posting something because one “knows” that it will be passed along to the person protected by the peace order seems to be a blatant violation of the peace order, imo.
Again… not a smart move on the part of the Cabin Boy.
One can only imagine the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt’s unhinged behavior come Saturday. *smh*
The Peace Order statute has a clear exemption for contact for legal purposes. Bill Schmalfeldt has every right to send a settlement offer to John Hoge. However, he doesn’t have the right to piggyback abuse, defamation or other acts prohibited by the peace order onto the settlement offer. Bill Schmalfeldt refuses to exercise his rights under the Peace Order probably because he realizes he lacks the self-control to stay tightly on point.
What is happening is that Bill Schmalfeldt is deliberately waiving his rights under the Peace Order statute in order to claim victimization. We shouldn’t take such claims seriously.
Another entry in the chapter entitled, “How NOT to Win Friends and Influence People”:
Unbelievable. What an absolute moron. A 10 year old has better sense than this idiot.
Shuler went to jail not for blogging but for deliberate defamation, and disrespect, resisting arrest, assault on a police officer – not for blogging, blogging is what caused all this but Schuler needs to learn that the first amendment doesn’t protect fists thrown
I’m well aware of what Shuler did. In defiance of a court order. And it landed him in jail.
Some adjectives and phrases BS has used in the past 24 hours to describe WJJH and others: pinheads; yapping spaniels; “Hoge has to put his pecker away and stop trying to fuck me”; “rotten, lying bastards”; “I weep for the poor victims in Arizona who I’ve already apologized to. His telling of the tale is inaccurate and melodramatic”; “he can be a vexatious, vindictive old man”; “Dumbasses gotta be dumbasses”; idiots; “He’s been stealing pictures of mine for over a year, bitching like a bitch when I filed a takedown”; “twisted, sick turd”.
Is a “Hogeist” a cartoonish description?
Actually I do not care what he might answer. The point is that BS is lying about a desire to treat each other like human beings HE HAS ZERO INTENT TO TREAT PEOPLE LIKE HUMAN BEINGS. He wants to try to guilt people of better natures.
Clearly he lacks the ability treat any person like a human being. Not sure if his behavior is a result of his PD or somewhere along the way a screw was knocked loose. I’m going with the latter, as I’ve known several people in various stages of PD who would never dream of behaving in this manner.
Well, in all fairness, that is Bill at his best. He didn’t trot out twat, c*nt, or any of the dozens of homoerotic phrases he is famous for.
A Reader wrote: “I think Michael’s Assumption 3 is logically flawed. “WJJH suffered harm when WMS infringed his intellectual property.” Got that. But then: “WMS suffered harm when WJJH filed suit against him.” If WJJH suffered harm and filed suit to remedy that injury, then WMS did not suffer harm, he was held accountable. To conclude otherwise would be to say that defendants in civil and criminal cases, oh, for example, bombing perjurers, suffer harm when they have to pay for their crimes or civil torts. I don’t agree with that.”
THIS. I couldn’t agree more, A Reader. I’m struggling with the in-the-best-interest-of-both-parties-involved aspect of Michael’s screed. And, I’ll repeat, Michael has not witnessed the lawlessness and vileness play out in real time. He has JUST RECENTLY come upon this whole sordid mess. So… maybe… that explains… I don’t know… whatever… things that make ya go *hmmm*
I find it very, very odd that BS cannot wait until Sunday, just a couple more days, to make an offer to WJJH. No, he is under a peace order, and is counting on third parties to convey the message to WJJH, which is a violation of the peace order. Why the big hurry? What’s really going on?
Well, “very, very odd” serves well as a very general description of Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt, so… there’s that.
With that said… if I were to guess… Biwwy has not been “abandoned” by his “excellent” friend as he has claimed. Grapevine, anyone?
Something/someone has re-empowered the Fail Factor in Baghdad Blob. And, true to form… blah, blah, blah, blah, blah, blah, blah, blah. The Trailer Talker can’t help himself.
I didn’t actually think Bill would respond. I have absolutely no belief that Hoge will respond. But since Hoge really can’t be expecting to get any money out of Bill, at the very least, Hoge knows Bill is willing to accept an injunction as a condition of Settlement as this moves forward.
This is the only time a settlement could be made that was “fair” to both sides. From here on out, it is going to continue to be more and more unfair to the losing side. If Hoge gets to press the infringement case, surviving the dismissal, then Bill loses almost all leverage he has on the settlement. If Hoge wins the dismissal of the counterclaims, then the last teeny tiny bit of leverage Bill has is gone.
If, on the other hand, Bill gets the copyright suit dismissed, Hoge is the one that has no leverage. I think after a cost benefit analysis, this is the only time that Bill has to settle. My cost benefit analysis says it couldn’t hurt Hoge to go for a serious settlement, one that is a Settlement Motion and not a gentleman’s agreement. One that is binding, and enjoins Bill from using his intellectual property ever again.
Maybe you all are right, and Bill will use stolen intellectual property again. If you are, then Hoge would still have to go back to court and enforce the injunction. Even if this case goes before a jury, Hoge will always be forced to return to court to seek to enforce the injunction.
As to Bill being harmed, my thinking is this. Absolutely zero merits of the case have been decided. None. So a settlement this early it is easy to see splitting the fees. As more merits get decided, that becomes less likely. In fact, I’d argue that if the dismissal by Bill is denied, the only settlement from that point on would be to have Bill pay the fees. That is only fair. As it progresses longer, then even more things should be demanded of Bill.
And besides, to me this is just a game. A bit of diversion. A lark. I’ve already gotten what I want out of it.
I appreciate you explaining a bit more, Michael. However, as I see it, one person has done exactly zero wrong. Asking him to pay anything at all towards whatever costs have been incurred as a consequence to your blog’s best buddy’s own actions is just plain wrong, imo. s
People like him cannot be reasoned with, from what I’ve observed. There is no explaining things to him. He lives in this particular moment, right now, with zero impulse control. We’ve all seen it in real time. Mr. Hoge took pity on him once before. I still see no upside for our host in taking pity on such a foul, undeserving wretch again.
What’s the downside? Hoge walks away with an injunction, which is the only thing that he can reasonably expect to get from Bill. Oh, sure, he might have a nasty settlement he can’t collect. That’s a big might. This is the one and only time, before any merits are decided, that I’d argue a fee sharing settlement with Bill is anything to consider. Once the dismissals get ruled on, that’s out the window.
And a brick in the wall towards criminal sanctions. One step at a time.
Michael, I understand your point, but, I think you are arguing from the wrong premises. It is true that John Hoge has little financially to gain from pursuing the lawsuit, But, it also true that both John Hoge has a lot to lose by not pursuing the lawsuit, and Bill Schmalfeldt has much to lose beyond money in pursuing his lawsuit and counter claims.
The basic issue is that John Hoge filed a DMCA notice that Bill Schmalfeldt filed a counter-claim. Bill Schmalfeldt, more or less, cornered John into suing him. If John drops the notice he effectively places all of his writings in the public domain.
Paul Krendler sold John some of his copyrights in part because he feels very strongly that they are his intellectual property and should be defended. John Hoge implicitly promised that he would do exactly that. For John to renege on that implicit promise would harm John’s reputation. If nothing else, John’s honor would be worth the money involved in successfully pursuing the lawsuit.
Bill Schmalfeldt has much to lose. The first is money. Sure, he is broke, but, that wouldn’t relieve him of the obligation to pay to the best of ability. That might only be a couple of hundred dollars a month, but, to someone who is allegedly dead broke it is painful. The second is his personal relationships. The third is his physical health. If Bill Schmalfeldt’s accounts of his are health correct, pursuing the lawsuit could accelerate his death.
When you look at the totality of circumstances you have to say that John Hoge has the whip hand in the negotiations. Any settlement offer should reflect that fact.
Like you, I am not acting as an agent of John Hoge, or Bill Schmalfeldt. I would suggest as a more reasonable agreement would be,
1) Everybody agrees to abide by the law. That would include:
1a) Bill Schmalfeldt agrees that John Hoge is the lawful copyright holder of the works in question, and files a joint motion with John Hoge for summary judgment over the specific issue of “fair use.”
1b) Both parties agree to abide by that Judgment.
1c) Bill Schmalfeldt acknowledges that he has been adjudicated as having harassed John Hoge, agrees to drop all appeals, and formally waives his non-existent right to seek have the order against him expunged.
1d) Both parties agree to allow each other to excerpt their blog posts and tweets, and comment.
1f) Both parties informally agree not to publish each others works on a for-profit basis without permission except as above;
1g) Bill Schmalfeldt immediately provide John Hoge copies of the material he was subpoenaed to produce, but, did not. And, that that material be issued to the court with an affidavit swearing that the included is a true and accurate copy.
2) Both parties agree that each party has the right to write about the other party.
3) Both parties agree not to contact each other.
1c is unrelated.
MICHAEL wrote: “And besides, to me this is just a game. A bit of diversion. A lark. I’ve already gotten what I want out of it.”
MICHAEL wrote: “And besides, to me this is just a game. A bit of diversion. A lark. I’ve already gotten what I want out of it.”
Just a game… a bit of diversion… a lark… already gotten what I want…
So I’m the devil?
I think Grace is just making the point that for you this may all be just a game, but for others it is not.
That’s a fair point. But really, if it is not. Game, it is to sad and depressing to contemplate.
Reply to Michael’s reply to me concerning 1c) in which he claims it not related.
In mediation, Bill Schmalfeldt previously agreed to drop his Peace Order appeal. He didn’t, I don’t see how insisting Bill Schmalfeldt honor his previous agreements is anything other than relevant. Either the lawsuits ends with a mutually agreed upon settlement, or, the judge will impose a resolution enforced by the power of the state. If Bill Schmalfeldt wants to avoid the cost, complexity, and stress of pursuing the lawsuit, then he ought to negotiate a settlement. That should involve some meaningful deeds indicating that he is willing to honor his agreement this time. Otherwise, based on Bill Schmalfeldt’s past actions, John Hoge ought to presume that Bill Schmalfeldt has no intention of honoring any agreement.
The peace order has no standing in the copyright suit.
The copyright claims have standing in the copyright suit. Bill Schmalfeldt’s willingness to enter into an agreement in good faith is relevant. You don’t have much of an objection. By mutual consent both parties could agree to amend John’s lawsuit to include harassment under Maryland law to satisfy any “standing” question. If Bill Schmalfeldt wishes to settle with John Hoge he needs to demonstrate good faith by deeds, not words.
Earl Scruggs wrote: “Not to mention to suggest as a resolution, well, both sides will stop posting about it.
That is what one side really, really, really wants to achieve”
THIS, TOO. Curious that, huh? And, from none other than a fellow blogger and a self-proclaimed writer and someone who initially claimed they became interested in the Cabin Boy saga based on the DMCA/copyright issues.
Again… things that make ya go… *hmmm*
Good ol’ Bill, sowing seeds of dissension:
From the comment thread, one person has raised an eyebrow. Others have said nothing, or believe that Michael is sincere and well-intentioned.
I’m with Robert Stacy McCain on this one:
“Especially important is the warning to avoid conversations with the demon. . . . He is a liar. The demon is a liar. He will lie to confuse us. But he will also mix lies with the truth to attack us. The attack is psychological, Damien, and powerful. So don’t listen to him. Remember that — do not listen.” – The Exorcist (1973)
Indeed. Albeit, with that very important reminder…
“Trust”… but, verify, verify, verify… ”
The intertoobz is a really bad place to “trust” someone as sincere simply because they tickle your ears and tell you what you want to hear.
You mean people can disagree without calling each other “c^nts” or tw#ts” and threatening to sue or get someone fired or call their spouse?
The Deuce you say!
I disagree with Michael, but I salute his optimism (and naivete 😉 )
I am with you Grace. Especiaaly when it comes to anyone with a history of deceit, failure to abide by agreements and a history of illegal actions (myself included). Which is why I point out my criminal past, as a warning to verify everything I say. It should be the same with everyone.
S/B especially. Fat fingers.
First, I don’t see the wisdom of equating Bill Schmalfeldt with the demon. First, the demon is intelligent, while Bill Schmalfeldt is not. And, second, the Demon knows what the truth is, he just opts to lie when convenient.
Sure, but I don’t know that I take it that far. Here is what I think. If you are a parent of two (or more kids) who are having a fight, often times you will call to an end to the fight regardless of who started it, who is more at fault, who is getting the worst of it, or who is right and who is wrong.
I think that is why TK pursues their childish antics and outlandish tactics – to make the whole thing appear to people whose job it is to settle such squabbles – i.e., judges – that it is just a childish fight that they want to stop, regardless of who is in the right.
I honestly think that is a lot of what is going on in the state case – certainly it appears that the women judges look at this as “what in the Hell are these grown men doing calling each other names on the internet. Why don’t they leave those little girls alone?” They aren’t there to decide Constitutional issues about free speech and stuff – they want the fight over So if they tell the defendants, hey, just leave this guy alone, this all goes away, the argument “well I have a right protected by the Constitution NOT to leave this guy alone” really falls on deaf ears. Remember: “Forget about Brandenberg, let’s go by Vaughey” For all the idea that judges care about being overturned, seems like that judge surely didn’t.
It is part of the asymmetrical warfare part – TK doesn’t care if they look bad – their reputation is what it is. But some people actually have self respect and dignity. And getting drawn into a mess actually costs them something.
I think reasonable people who have little background, or interest, in the history, just look at it all and go “this is stupid.” And that is kind of what I think Michael’s suggestion is.
That sounds about right. What Michael doesn’t seem to take into account (and that’s quite possibly because he hasn’t really seen in first hand and it’s hard to believe if you haven’t) is that when John and us commenters stop talking about Bill he will lie low for a little bit, but then he’ll find a stick and start poking. If we ignore him, he’ll poke harder. If we continue to ignore him, he’ll eventually get to the point of flailing around in our direction with a 2×4. Leaving him alone once he’s figured out who you are is not really an option, because once you’ve arrived on Bill’s radar he seems to feel that you exist solely for his amusement. And his idea of amusement involves harassing people to the point where they either give up all internet activities or they have to try to get the law involved. And sadly the law is still based in large part on a society where it wasn’t easy to contact people who weren’t local to you, so it doesn’t know how to deal with people from out of state who you have never interacted with in the real world.
Librarygryffon – THIS!
on a side note concerning the whole “both sides will not post on it” part. Considering Twinkie has said numerous times anything that anyone says/does that bothers him he is blaming Hoge for, how long before a commentor makes a reference and Twinkie uses that as an excuse to start back up? He’s done it before after all…
Listen, and understand. That doxinator is out there. It can’t be bargained with. It can’t be reasoned with. It doesn’t feel pity, or remorse, or fear. And it absolutely will not stop, ever, until you are doxed.
Speakng of doxing, someone left a negative comment on BS’s latest Liberaland screed. He blames WJJH for it, and the moderator — THE MODERATOR– offered to disclose the commenter’s info to BS. Do not comment over there without protection.
really? Hoge giving us “free rain and no moderation” (in Twinkie’s opinion, not in reality) here on HIS OWN BLOG somehow “encourages” other people on other sites to say what they want….
I think it shows how delusional Twinkie is that he thinks Hoge somehow has control over what commentors here may say on other websites…
one wonders if when Hoge wins he can’t request the court send Twinkie for a psych eval…
Jane wrote: “Grace, no doubt the Blob agrees – it’s all he’s asking for and more.”
Indeed. And, Michael serves as much up on his blog as part of a suggested/proposed “settlement” agreement. Odd.
Here’s to hoping my fellow Hogewash! commenters who contributed their .02 on Michael’s blog protected themselves/their cyber identifies.
I’m willing to be wrong here… but, the gut is saying… *hmmm*
for the record I was being almost serious
Really? I write up a fun piece that got me what I wanted, Bill to admit that he will take a settlement that has an injunction in it from ever using Hoge’s Intellectual property, and suddenly I’m NEAL and I’m going to dox everybody?
Okay, I’m new. Okay, I haven’t had the full Bill experience, but did I really go from “Welcome” to Doxer” just because I posted a blog post that wasn’t harsh enough on Bill?
I don’t think you’re anyone other than who you say you are. I don’t agree with all you say, but I appreciate you healthy skepticism.
Thank you, sir.
I can’t speak for anyone but myself, of course. However, if I had to guess, the reasoning would be based primarily on your settlement proposal giving the defendant all he’s begging for and more, while penalizing our host who has wronged no one.
Except it didn’t. You’ve watched Bill, far longer than I have. Do you really think he can live under an injunction? Even one he willingly enters into? If everything you’ve said is true, then my settlement, which was mostly a fun joke since I didn’t expect anyone to responded to it, would but Bill under a nearly impossible to live with injunction.
Same here. I do think it has been good to get someone from the outside to take a look at all the craziness. I think you have tried to be fair, even though I disagree with some of your conclusions. Some, ot all. And, look, no name calling! LOL!
I never trusted you. Your eyebrows are too close together.
Come to think of it, your heads are too close together too.
I’m just a guy, ya know?
Honestly I think Twinkie thinks he’s playing you. While saying he’s all for it, he knows Hoge won’t be, and therefore can create the illusion (to others who haven’t seen the cray cray for themselves) that he is a “reasonable” person by “agreeing”, knowing he’ll never actually have to, AND if he got an inkling that Hoge would consider it, would quickly find something disagreeable to fixate on declaring it bogus manipulation…
He should be the poster child of evil idiot savants…
Maybe he is, but what a weak position that puts him in. He can yell into the vacuum that Hoge is not being reasonable, but I promise you this, if his dismissal is denied, he will be begging for a settlement. His fair use defense is weak. And if Hoge manages to get the Krendler piece accepted, his fair use defense is sunk. He will be hard pressed to reject truly reasonable settlement requests.
In what fashion was that piece “fun”?
Because I didn’t think either party would respond with anything but poking fun at it. Well, I thought Hoge would poke fun at it. I thought Bill would go absolutely batty over it. My bad, I underestimated Bill’s fear. My bad.
No, Dear Michael, what you underestimate is Bill’s treachery.
No, YOU ruined your own reputation. Threats to have kids taken away, lie upon lie, attacks on innocent people because you just couldn’t possibly ever be wrong, thrown off KOS for vile rape fantasies AND attacking other commenters who dared to disagree with you, thrown off the Examiner for attacking commenters who dared to disagree with you. Hell, attacking everyone who dares disagree with you. That is your reputation. Attack everyone for the slightest reason….or for no reason at all, just what you make up in your fantasies.
Destroyed your earning capacity? What capacity? You posted tax returns showing ZERO before anyone filed a claim against you for copyright infringement. Prove your earnings. Post up some paystubs from gigs you no longer have due to direct action by Mr. Hoge.
Forced your books off line? Indeed, because you self admittedly stole his content, used other people’s pictures without permission or attribution. You did that. No one forced you to. You decided that was the path you wanted to follow. Now that you are caught up in the consequences of your actions you decide it should all just go away.
Do you ever stop to think? Do you ever consider how your actions have affected your life and other people’s lives? Do you ever feel shame? You claim to “cry for the innocents” you faildoxed, but then go on to call them liars, perjurers, and tell them they brought it on themselves.
Wrestling with a pig in the mud.
Just call him a fat, useless, punk, and be done with it.
Or The Grief Zeppelin, as I think of him.
THIS. *standing ovation*
Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt wants it all to go away. Actions have consequences.
Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt will hopefully — inevitably — meet his well-deserved consequences face-to-face.
And, in a just world… pay harshly and dearly for them, as well.
[Standing next to Grace and clapping along.]
THIS. Oh yes, THIS. Thank you for speaking/writing TRUTH to VILE FILTH.
Bill is never going to stop this sort of antisocial, often illegal, behaviour on his own. It’s going to take the courts taking his actions seriously or else having him finally dox the wrong person. He nearly drowned in his own “fear pee” when people suggested telling Kyle “the felon” what he was saying about him. And I don’t recall him being too happy at suggestions that Tom Puzio might take personal umbrage at his behaviour. Fortunately for Bill, nothing actually came of those. But some day, he’s going to dox or threaten to dox someone who is a very nasty person. Or who maybe knows nasty people. Heck, back in the day I knew someone who turned out to be a hitman. (Admittedly I always thought the guy was a creep and avoided him, but he was a close friend of some of my close friends. I believe he’s doing life in Florida now.) My husband knew someone who worked as “muscle”.
Bill really doesn’t know who he’s attacking when he goes off on people, and if he isn’t stopped and he doesn’t continue to be lucky, he might get a visit he won’t enjoy assuming he survives it.
hat was jam packed with awesomeness.
what Army Vet said soooo much better than I could!!
It’s like trying to teach a 7 year old about consequences.
Clearly Bill needs to suffer the consequences to learn. Yet even then I highly doubt he’d get it.
Michael – Cousin Bill is a treacherous louse, and would like nothing better than your “settlement”:
1. He’s violated the law; and you’d let him off?
2. He’s cost Hoge money, but you’d argue that “fair” involves paying CB’s costs?
3. He’s performed every vile act he can think of, including doxing innocent parties, foul language, harassment, extortion, false reports to the authorities, etc., and you want to call everything “even”?
Nope, no sale.
Be warned about Michael’s request for documents in electronic format – metadata goes both ways.
Every vile act he’s performed, every doxing, every false report is not part of the copyright dispute. Only those involving copyright are.
Michael, I have enjoyed your writings involving issues you have addressed.
However I am skeptical that you still do not see the big picture in the way that a lot of us have witnessed for some time.
This is not just about solving one problem with BS. This is not just about copyright.
Unfortunately I think you have provided BS with more incentive to continue his tactics.
I think that you mean well but unfortunately it will be misused.
Actually, I do see the bigger picture, but that ugly picture is irrelevant to this case. Unless you want Krendler revealed and use the counterclaims.
If both parties agreed to your proposal before the Doom Clock do you think that BS will never use your proposal for any further nefarious reasons?
He’s attempting to dox Paul Krendler, using the counter suit.
That’s certainly part and parcel of the copyright suit.
Perhaps I have too much faith in Hoge’s Motion to Dismiss. Today, right now, after a cost benefit analysis, I think the counterclaims are toast.
I also think that the biggest mistake of Bill’s reign of terror will be the successful doxing of Paul. I really don’t think he understand the box he is opening.
Oh I’m sure he doesn’t, but that’s not going to stop him from opening that box if he can, after all he’s gotten away with everything else he’s done for the last year and a half (mostly by sniveling and begging and then going right back to his old ways as soon as he’s “out of danger).
He’s lack of dealing with the consequences of his own actions has embolden him into really crossing the line in several places, and yes the copyright lawsuit doesn’t address those issues, BUT it does address one large issue, Twinkie’s idea that he can do whatever he wants with whatever he wants and no one can say different.
Well our esteemed host is saying different and soon the MD courts will also, and although he will deny it with every breath he has, Twinkie has only himself to blame.
Now of course I’m not an unbiased party here, I’ve watched him do and say some truly horrible stuff, Hell, just last month he was trying to pull someone who had never heard of him into a lawsuit because he won’t admit he #FAILdoxed me. So yes I want to see him taken down big time.
HOWEVER, should Hoge, for whatever reasons, decide not to pursue this suit, I and most of the rest of the commentors won’t freak out about it. Whatever our personal opinions about it maybe, we all recognize that Mr Hoge will make his decisions based on what is best for him and none of us would want him to do any differently, no matter how we personally feel about Twinkie and his antics.
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To A Reader re comment at 12 June, 2014 at 20:18 :
I know someone else who uses his wife’s name; eg in emails.
I wouldn’t be surprised if Bill Schmalfeldt does have a pretty good idea who that might be