90 thoughts on “#BillSchmalfeldt DMCA Update

  1. I suppose he’s going t claim that WordPress are somehow in on “Hoge’s lies”.

    Really, the SA, not to mention NASA need to be notified that Bill is claiming ownership of public domain property and lying under oath to WordPress about it for malicious reasons.

    • Besides that, his threat is toothless—he won’t be adding any counterclaim defendants. He’s used up his free do-over on the counterclaims. Mr. Hoge certainly won’t consent to allowing him a second amended counter-complaint, and do you really think Judge Hollander will be receptive to such a motion after reading his little letter full of false allegations of a federal crime?

      • Sure, why not allow the amendment? Why let Bill Schmalfeldt weasel out of what was clearly an act of third party harassment? Maybe, the judge doesn’t allow it, and, leaves it at that, and, maybe, Bill Schmalfeldt is sanctioned,

      • No one, not even the massive Cabin Boy, can simply add counterclaim defendants. That is limited to a few very limited situations, none of which apply here.

    • Bill Schmalfeldt has put himself in a bit of a pickle. If Hogewash is still up at the end of day, Bill Schmalfeldt, will be forced, more or less, to follow through on his threat. Otherwise, he sent it without a legal purpose, and, exposes himself to harassment charges. However, if he does sue WordPress, he is in for a some serious butt hurt.

    • Because he will eventually delete that tweet, this is what it says in the relevant part:

      “Now, if you continue to ignore my demand to remove the offending URLs, then you lose your Safe Harbor Protection, and you become liable for the law being broken by Mr. Hoge on his blog. And believe me, sir, that after 19 months of pure hell this man has put me through, I am in no mood to do any favors for WordPress [dot] com for allowing him and his pet, the pseudonymous blogger “Paul Krendler” who blogs and steals copyrighted materials from others and (links to Thinking Man’s Zombie here) to continue to flaunt [sic] the law.

      If those blogs are not removed from the WordPress [dot] com environment by close of business today, I will seek to add Automatic and WordPress [dot] com and you, sir, to the list of defendants in my Counterclaim.

      Please do your duty under the law.”

      • They have no duty to remove, necessarily, anything Bill describes as offending material (especially since nothing infringed on his copyrights) – they simply lose safe harbor if they do not act on Bill’s claim of infringement of his copyright.

      • In essence,

        I know you did something illegal.

        I want you to do something for me.

        If you don’t do that something for me, I will report you to the proper authorities.

        I don’t know if Bill Schmalfeldt’s remarks cross the line of extortion, but, they have a certain odor.

    • When did the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt forward that email to WordPress? I didn’t see a date. Today?

      And, if I’m reading the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt’s ranting correctly, it appears he is not simply asking for blog posts to be taken down — he is DEMANDING the “Hogewash!” and “Thinking Man’s Zombie” blogs be removed in their ENTIRETY — complete with threats.

      BY CLOSE OF BUSINESS! DOOMCLOCK! ELEVENTY!!1!!11!

      WTHuh?

  2. Let’s see, I seem to recall you telling him on or about June 14, not to contact you except by email for settlement a bona fide settlement offer. Why, here it is! https://hogewash.com/2014/06/13/in-re-expiring-peace-order/

    “Except as noted below, DO NOT CONTACT OR HARASS me by any means whatsoever.

    The one exception to my no contact demand allows for written communication related to service of court papers or any written bona fide settlement offer you might wish to make in the pending copyright lawsuit.”

    • As I’ve told him half a dozen times in the last years:

      “That’s not how it works, Bill.”

      You can cow your dogs, and your wife, and probably the be-pimpled clerk down at the Pack’n’Go market, but that approach fails big time with anyone with a sense of self-worth.

      In simpler words that Cousin Bill *might* understand:

      Go pound sand in your nether oriface.

      “Be Well”,
      Roy G. Schmalfeldt

  3. Oh, to be a fly in the room at WordPress when the “stoners and slackers and dweebs” start Googling “Bill Schmalfeldt”.

    (BTW, the Lee Stranahan story is currently the first hit in that search. Nice)

  4. Schmalfeldtian )Ssmal – felt-ee-an) adj. 1) describing acts devoid of reason 2) in a way which puts oneself in a negative light 3) as or like Bill Schmalfeldt ex. “The argument Schmalfeldtian”

    • Oh, and what they have to prove is that BS lied when he stated, under penalty of perjury, that he was the copyright holder or authorized agent. Not anything about “purty pikshures.”

    • There’s really nothing to prove. When a TAKEDOWN notice is filed things proceed. It’s kind of like when you pull the trigger of a loaded gun.

      • He’s clutching at straws. He thinks Hoge is going to have to prove that Bill perjured himself, a criminal act. Hoge just has to turn over the evidence to the appropriate authorities.

  5. More fail:

    https://twitter.com/wmsbroadcasting/status/488716340769742848

    No, sir, the onus is on you to prove that you didn’t ask WordPress to take down those posts pursuant to DMCA. Mr. Hoge received a DMCA notice from WordPress stating that those posts had been taken down, and identifying you as the complainant. His belief that you filed a fraudulent DMCA takedown is completely consistent with the facts available.

    You’d better post what you actually sent to WordPress and do it right quick. You’re the one who’s in jeopardy here, not Mr. Hoge.

  6. Oh boy, Bill…let it go. Circle the wagons and prepare your defenses. You let your hatred of our host so blind you that you BROKE THE LAW. Will it be prosecuted? Maybe, Maybe not. I don’t trust the MD court system to do what is right.

    I do think this is getting so poisonous that the only way it will ever end is if SOMEONE either walks away or is taken away. I do not believe our host will be taken away…and he will not be allowed to walk away by you or your so called friends/associates.

    So, Bill it all rests in your hands. Do you have the balls, the brains, to just step away. The only contact you should have with Hoge should be when you are in court, or court appointed meetings in the cases already filed.

    Let any thing thrown your way by anyone else just roll off your back. Be a man. Take it. No…just ignore it as a mature adult would do.

    Let it go. I’m not taunting you. I am not trying to antagonize you. I’m being as civil as I can muster, even though you do not deserve it. I think you deserve to go to prison for your actions. I will not shed a tear if that happens. I do, however, think you need to stop the flame war before you push it too far, if you haven’t already.

    Forget the bravado. You do not have to make a public statement. Just stop. End it. Do not declare victory..hell do not even declare a truce. Just stop.

    I’m ending my serious mode now, and will now go back to watching the Cabin Boy put his foot in his mouth to the delight of all.

  7. Wow! This is the result of two days of relative quiet from him. What could he do with a full week’s rest?

    The crazy is hard to describe. The bit about not having enough wisdom to keep his mouth shut ….. version #7635899002413

    • Most likely out buying more chickens for his excellent friend — the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt. (Whom may soon don the title of Convicted Perjurer, as well.)

      I’d wager Wee Willy — The Rabid and Vile Team Kimberlin Anklebiter — will soon make an appearance on the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt’s Twitter timeline shaking his pom-poms and yapping words of encouragement — “Go for it, Bill!” “Don’t back down, Bill!” “You got this, Bill!” “HOOOOOOOOOOGE!!!”

      These delusional creeps simply have no concept of when to call it quits. *smh*

  8. Serial adjudicated harasser has:
    1. repeatedly and publicly accused WJJH of felonies;
    2. Reported him to NASA, ESA, AP, Magnum photos,the copyright office, etc., for false copyright infringement;
    3. Written a letter to a federal judge adjudicating a case between the parties, in which he accused Hoge of felonies;
    4. Filed a DMCA takedown notice in which he included a list of NASA images, and in which he attested to being the owner or owner’s agent.
    5. BS now claims that he filed the notice for his own images, not NASA’s, which begs the questions: (1) since BS has repeatedly stated that he will not sue for infringement because he’s not a “vexatious dick,” why is he filing the notice if not for purposes of harassment?, and (2) why include links to something you don’t own rights to unless it is to confuse and/or defame?

    • From page 8 of Judge Hollander’s opinion:

      “Defendant concedes that he has not applied for copyright protection for his own blog or Twitter account, because he rejects “the whole idea of suing someone for using inconsequential snippets from another person’s blog or Twitter account . . .
      .”Opp. ¶ 4.

      So, BS tells the judge he has no plans to file for infringement or to sue, so he won’t copyright anything, yet he is filing DMCA takedown notices? I hereby reverse myself – the court will, indeed, be very interested in having false statements in pleadings pointed out to it.

  9. And, again, none of this is remotely relevant to Hoge’s copyright case. It is irrelevant to BS’s current counterclaim. If he tries to enter this stuff into evidence, it will be objected to and kept out. On the other hand, it is completely relevant in the case of criminal charges against BS.

    • Why would anyone object? If Bill Schmalfeldt wishes to argue to the court how ignorant he is of the copyright laws why stop him?

  10. I think Forrest Gump was a genius when it comes to summing up BS actions, “Stupid is as stupid does.” Such behavior from a so-called adult is unbelievable but does reflect the new liberal attitude of trying to get even when called out on their actions.

    Giving credit to Winston Groom, creator of Forrest Gump.

    • Again, Bill Schmalfeldt, John Hoge can only truthfully testify as to what he received from Word Press. Did you ask Word Press if they edited your rant before forwarding it to John Hoge? If your intent was to “portray” John Hoge as a “liar” wouldn’t it have behooved you to actually investigate whether, or not, he had in fact lied before making accusations?

      • The problem being, we’ve all seen the results of BS’ “investigations.” By now, even he must be starting to realize he’s not very good at this.

        I think that’s why.

  11. Outrageous. I’m thinking about contacting NASA to ask.why they, through their legal agent Schmalfeldt, demanded the images be taken down.

  12. Nasa images have been restored to Hogewash, excepting item 1, which may be having problems other than WordPress removal.

  13. So after CB misleads by sending a notice to take down materials that aren’t his, he sees he f’d up, and now he wants an apology?
    Send in the unicorns.

    • Right. He is what my recruit training CC would have referred to as a “waste of human flesh”. If my recruit training CC was going to be all touchy-feely about it, anyway.

  14. Meanwhile in the state case, apparently BK’s responses were not sufficient, and at least one defendant has filed for an award of fees based on that.

    • Earl, . . . was that just the faint hint of a smile I see? Buck up, man, and get those emotions under control!

    • Repeatedly. I believe the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt is up to three comments — at the moment — in direct violation of our Gentle Host’s official and direct “Do Not Contact” notification.

      Lord of the Fries! *snort*

      • Speaking of deadlines… close of business has done passed.

        I couldn’t help but notice that the “Hogewash!” and “Thinking Man’s Zombie” blogs remain up and operational.

        DOOOOOM for WordPress! DOOOOOM, I say. *eyeroll*

      • Yes, and I’m expecting that The Lord of the Fries will be filing a similar DMCA notice against that evil uncooperative bastard Krendler for all those copyright infringing photos he posted that were, and apparently still are, somehow, some way, going to get The Thinking Man’s Zombie completely removed from the web.

        Because he’s the owner/registered agent for all those pictures. I think he bought them all at a NASA garage sale along with a rickety desk for 20¢.

    • Apologies for what? That your own actions and words have left a nation unlikely to believe your protestations of innocence? That you purposefully conflated the NASA images with other items — NONE OF WHICH WORDPRESS ACTED ON!!!

    • Well, since Pablo was man enough, I suppose I should follow suit; better late than never:

      I adopt Pablo’s apology and add that I am truly sorry that vile people like SchmalFAIL exist in this world; and I am sorry for all of the harm and hurt they cause to others, particularly to those who are innocent; no one deserves the repugnant attention of SchmalFOOL.

      • hahaha! You have a point, jem, but — Is it really a deadline if there isn’t a DOOOOOM Clock? Seriously, how are we mere mortals supposed to be able to understand such things without one? hahahaha

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s