42 thoughts on “Team Kimberlin Post of the Day

  1. I feel humbled. The members of Team Kimberlin have expertise in so many areas: math, medicine, copyright law, non profit law, RICO statutes, European IP law, etc. and most of them didn’t even go to college!

    • Howard may be able to elaborate further here on this but I think the final straw was the harassment in the comment section(s). If I recall correctly he started posting peoples personal information and IP addresses from those that were commenting on the Examiner articles(again sound familiar? ) , and Examiner didn’t take to kindly of that and his internet bullying . You know those pesky terms of service and all. I know that is what got him the ban hammer on facebook in that time frame. a WHOLE BUNCH of people contacted Facebook over that. He can kick and scream all he wants , but when you start posting peoples IP addresses. Social networking or blogs like the Examiner are not going to like it because of the legal ramifications that could presented with doing that.

    • First of all, that pesky First Amendments grants everybody in the country the right to comment on how you are pursuing the case. Second, that same amendment protects our right to petition the government over any grievances we may have. But, more to the point, the law gives us everyone the right to object to non-lawyers practicing law in pursuing what is nominally your case. While over-burdened State’s Attorneys may choose to focus their resources on crimes more serious than extortion, judges take a very dim view of one party in lawsuit threatening to contact the alleged employer of the other party for no reason other than to complain that one of their employees sued him. Go ahead Bill and play trier of fact and adjudicator of the copyright laws on the internet. The First Amendment grants you that right. But, Bill, I should remind you that in about a week you are going to have to stand before the actual trier of fact, and adjudicator of law in this case and answer for your actions.

    • Q. Why were you kicked off Daily Kos?
      A. It was the violent anal rape fantasy that started it. The kicker was me trying to dox a rape victim and a lesbian for disagreeing with me.

      Yep, things like that will do nothing but enhance his reputation. 🙂

      • Q: Did you track down and stalk a guy on LinkedIn for just “liking” a facebook post?

        A: Yes I did. I gave him a dooms clock and I told him I was going dig into his background if he didn’t give it all to me. “WHO IS JERRY FLETCHER”

        Just remember it’s not libel when it’s true

    • Yawn,

      When Bill Schmalfeldt filed a DMCA counter-notice against John Hoge he essentially stated that he, Bill Schmalfeldt, had the final say over which of John’s writings he could republish. In doing so, Bill Schmalfeldt cornered John Hoge into suing him to retrieve control over his writings.

      Any reasonable person could have foreseen the likelihood that challenging John Hoge’s control over his copyrights would result John Hoge formally asserting control over every writing of his Bill Schmalfeldt had ever republished by filing DMCA takedown notices. Bill, go ahead and share this post with the court. It only furthers John Hoge’s case. In doing so you will establish to the court that John Hoge showed you forbearance only to have that result in you gaining a sense of entitlement to use his works without permission.

  2. No, I don’t think Mr. Hoge has altered his belief in the “robust protection of intellectual property.” You know, the part of that paragraph that was deliberately ignored, thereby attempting to alter the context. Hey, isn’t alteration of context one of the reasons Krendler opposed the theft of his copyrighted material?

    And, yes, folks, I have a lot of time on my hands. Minor surgery, with instructions to rest.

  3. The desperation grows as litigation proceeds.

    Every treatise on the subject clearly explains that “fair use” is highly fact specific and varies from case to case. So, yes, someone may indeed believe in fair use, but decide that someone who has ripped off entire blog posts and strung them together to publish books is not engaged in “fair use.”

    What I’m more interested in is what the judge’s reaction will be when she learns that BS …. oh, never mind….

      • Oh Twinkie is always FOR Fair Use, but only for himself…

        it’s hilarious that he keeps quoting our esteemed host’s past posts in an attempt to show hypocrisy, yet taking a sentence or two out of context doesn’t change what the blog says in whole…no matter how many times Twinkie underlines and demands readers ignore the rest…


      • a I quote CBBS from 2011:

        “They finally crossed a legal line by taking copyrighted images from my copyrighted blog, altering them in a disgusting fashion, and splashing them all over their Facebook pages. I did what you’re supposed to do. I filed a DMCA and Copyright Complaint with Facebook maintaining my ownership of the images, showing how these groups had stolen and altered them.”

        FAIR USE!

      • Say…..if he filed that, he MUST have registered his copyright with the Copyright Office right? I mean according to him you HAVE to.

  4. Strange, he was asking for the IP address of someone who commented on one of his Liberal Land screeds. Guess he’ll never change

  5. Now this guy can write:

    “This lack of self-awareness explains Schmalfeldt’s “double down” reaction to every conflict. No matter how clearly he is in the wrong, his fragile ego prevents him from backing away. Instead, he exaggerates (or creates from thin air) reasons to despise his antagonists, so that their wrongness, whether real or imagined, is always large enough in his mind to justify his sense of superiority.

    Schmalfeldt’s deliberate escalation of his conflict with John Hoge is the pluperfect example of this tendency. And yet now — some 11 months after the events that started the escalation — Schmalfeldt presents himself as the hero-martyr, the sufferer of injustice, and acts outraged that no one is buying into his victimhood claims.” http://theothermccain.com/2014/01/07/sociopathic-sadist-bill-schmalfeldt-vows-one-way-or-another-they-will-pay/

    • As I recall, going into the Peace Order appeal Bill Schmalfeldt preened and postured as if he was going to argue his case so succinctly and interrogate John Hoge so aptly that the trial would end with him being freed of the burden of the Peace Order and John Hoge escorted out of courtroom in handcuffs for perjury. Seems events didn’t quite turn out that way. Bill Schalfeldt was stupid, and did totally f#ck himself over.

      Bill Schmalfeldt assures us that it will be different this time. Doing the same thing over and over and expecting a different result may, or may not, be the definition of insanity, but, it is most assuredly is the definition of Bill Schmalfeldt.

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