This may be my favorite bit from all of The Dread Pro-Se Kimberlin’s filings in both the Kimberlin v. Walker, et al. nuisance lawsuit and the Kimberlin v. The Universe, et al. RICO Madness.#MathIsHard
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.
Sure we do. BS from an email to Lee on Feb. 7, 2013: “Again, you can choose to not answer questions, but that pesky 1st Amendment says I get to ask.” And we’re not even contacting BS, just commenting on a blog that he doesn’t have to read. First Amendment and all.
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.
Actually, the First Amendment protects those rights, it does not grant them. The entire Bill of Rights protects God-given rights, it does not create them.
EPWJ is right: https://twitter.com/mayberryville/status/479643696686563328
See, when you claim damage to your reputation, you put your reputation squarely at issue. I’m not going to go into detail, but just think about the implications.
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. 🙂
Sure! I’ll comment! This contains what is known as “qualifying language.” https://twitter.com/wmsradionetwork/status/479649999303618560
He “should” be happy, but that doesn’t mean he is or will be.
He would be “disinclined,” but not completely averse.
A DMCA take down notice, for example, would be evidence that he was not happy, and was averse to copyright theft.
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.
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? https://twitter.com/wmsradionetwork/status/479650927851208704
And, yes, folks, I have a lot of time on my hands. Minor surgery, with instructions to rest.
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…
“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.”
“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.
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.
Hey, math is hard. I suspect BK is using modular arithmetic, perhaps to base 75,000.
Math is hard.
So are damages for breach of contract in a tort action.
Incoherence, Team Kimberlin haz it.
Your modern decimal point frightens and confuses me.
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!
or open a books
Is that this fancy new common core math we keep hearing about?
Jerry, Jerry – you were WARNED off the internet, dude! You’re still here, Jeremy, I mean, Lynn, I mean Howard, I mean Chris, etc.,…aren’t you afraid?
wasn’t he thoroughly whipped by the man with the steel wheels?
The only thing CBBS has whipped is a pie on Thanksgiving.
This was an interesting walk down memory lane: http://stranahaninexile.wordpress.com/2012/12/01/who-is-team-kimberlin/
Of course, thanks to Bill, there are mugs, t-shirts, and even magic underpants.
Another interesting article from the archives.
http://hogewash.com/2013/02/04/dread-pirate-brettkimberlin-and-fund-raising-3/
I understand that the litigants are in a holding pattern until upcoming hearings, therefore, it might be interesting to revisit some old articles. There is so much to review!
I sure hope somebody remembers this tweet:
http://leestranahan.com/bill-schmalfeldt-makes-direct-threat-i-should-not-speak-to-states-attorney/
It sure seems like “direct quid-pro-quo” threats may be part of a pattern of behavior. A modus operandi, if you will.
More gold. Goes to damages, or the lack thereof. Clearly, BS didn’t think much of his “gig.”
http://leestranahan.com/why-bill-schmalfeldt-was-kicked-off-the-examiner/
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.
https://twitter.com/wmsradionetwork/status/479641683747799040
Sure we do. BS from an email to Lee on Feb. 7, 2013: “Again, you can choose to not answer questions, but that pesky 1st Amendment says I get to ask.” And we’re not even contacting BS, just commenting on a blog that he doesn’t have to read. First Amendment and all.
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.
Actually, the First Amendment protects those rights, it does not grant them. The entire Bill of Rights protects God-given rights, it does not create them.
I stand corrected.
EPWJ is right:
https://twitter.com/mayberryville/status/479643696686563328
See, when you claim damage to your reputation, you put your reputation squarely at issue. I’m not going to go into detail, but just think about the implications.
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
Sure! I’ll comment! This contains what is known as “qualifying language.”
https://twitter.com/wmsradionetwork/status/479649999303618560
He “should” be happy, but that doesn’t mean he is or will be.
He would be “disinclined,” but not completely averse.
A DMCA take down notice, for example, would be evidence that he was not happy, and was averse to copyright theft.
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.
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?
https://twitter.com/wmsradionetwork/status/479650927851208704
And, yes, folks, I have a lot of time on my hands. Minor surgery, with instructions to rest.
I hope you are resting, and, more importantly, you are healing well, A Reader.
I, for one, am much enjoying the time you find on your hands. 🙂
🙂
get well, soon – all our prayers
I had a Team Themis removed.
What Grace said. I hope you heal quickly, A Reader, and while getting rest are feeling well enough to continue to entertain us so well. 🙂
The desperation grows as litigation proceeds.
https://twitter.com/wmsradionetwork/status/479651993875525632
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….
CBBS was against “Fair Use” before he was for it. True story!
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…
O.o
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.
Strange, he was asking for the IP address of someone who commented on one of his Liberal Land screeds. Guess he’ll never change
Let’s not forget what it’s all really about:
https://twitter.com/Katiescarlet2/status/445622655832440832/photo/1
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/
Ah, this is a favorite from the archives. One of BS’s greatest hits:
https://twitter.com/OwainPenllyn/status/416269954447446017
Will there be a repeat next week in court? Time will tell.
https://twitter.com/antvq16/status/407553918344761344/photo/1
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.
Reblogged this on Dead Citizen's Rights Society.