#BillSchmalfeldt Files Fraudulent DMCA Takedown Notice


Hi there,

We’ve received the DMCA notice (http://chillingeffects.org/dmca512/faq.cgi#QID130) below regarding material published on your WordPress.com site, which means the complainant is asserting ownership of this material and claiming that your use of it is not permitted by him/her or the law. As required by the DMCA, we have disabled public access to the material. Please note that republishing the material without permission from the copyright holder will result in the permanent suspension of your WordPress.com site and/or account.

Repeated incidents of copyright infringement will also lead to the permanent suspension of your WordPress.com site. We certainly don’t want that to happen, so please delete any other material you may have uploaded for which you don’t have the necessary rights and and refrain from uploading additional material that you do not have permission to upload. Although we can’t provide legal advice, we’re happy to point you to copyright law resources that might help you make this determination.

Alternatively, if you believe that this notice was received in error, or if you believe your usage of this material falls under the Fair Use provision of US Copyright Law, it’s important that you submit a formal DMCA counter-notice to ensure that your WordPress.com site remains operational. A valid counter-notice will result in the material being returned to your site in 10 business days if the complainant does not reply with legal action.

Please refer to the following pages for more information:
http://en.support.wordpress.com/counter-notice/
http://automattic.com/dmca/dmca-counter-notice/

After the notice, there is a list of the material claimed to be in breach of copyright, with the action that we have taken on this occasion. This is the response that we have sent the complainant.

Thank you.
— BEGIN NOTICE —

Dear Designated Agent:

This will probably be a bit more personal than the usual DMCA Takedown Request you receive. I am in the midst of a Copyright Infringement Suit filed by William John Joseph Hoge III, who operates a WordPress.com blog called “Hogewash.com”.

Before I detail the nature of this takedown, I have a question. Who owns the “copyright” on material published on a WordPress.com blog? Your Terms of Service make it appear that WordPress.com owns the ultimate copyright. Am I correct in that assumption? Or can a user of a WordPress.com blog write up his own Terms of Service that seem to contradict the WordPress.com ToS. As you peruse this Takedown request, I invite you to review Mr. Hoge’s terms at https://hogewash.com/the-fine-print/

My name is William M. Schmalfeldt, [redacted], Elkridge, Maryland, USA, 21075

410-[redacted]

bschmalfeldt@[redacted]

I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

I acknowledge that a copy of this infringement notice, including any contact information I provided above (address, telephone number, and email address), will be forwarded to the user who uploaded the content at issue.

I electronically sign below.

William M. Schmalfeldt
— END NOTICE —

1. https://hogewash.com/2014/05/31/orion-in-3d/

In accordance with the requirements set forth by the DMCA, we have disabled access to the material identified as infringing. Please note that we have notified the user who uploaded the material to provide them an opportunity to formally challenge this removal. If the user decides to submit a counter-notice you will be notified immediately.

2. https://hogewash.com/2014/05/30/serpens-cloud-core/

Access to the content in question has been disabled, according to the requirements of the DMCA.

3. https://hogewash.com/2014/05/29/astro-proam/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

4. https://hogewash.com/2014/05/28/galactic-magnetism/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

5. https://hogewash.com/2014/05/26/in-the-eagle-nebula/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

6. https://hogewash.com/2014/05/25/thats-no-space-station-its-a-moon/

Access to the content in question has been disabled, according to the requirements of the DMCA.

7. https://hogewash.com/2014/05/23/a-new-crater-on-mars/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

8. https://hogewash.com/2014/05/21/m60-ucd1/

Access to the content in question has been disabled, according to the requirements of the DMCA.

9. https://hogewash.com/2014/05/20/cygnus-ob2-9/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

10. https://hogewash.com/2014/05/19/the-giant-red-spot/

Access to the content in question has been disabled, according to the requirements of the DMCA.

11. https://hogewash.com/2014/05/18/the-not-so-giant-red-spot/

Access to the content in question has been disabled, according to the requirements of the DMCA.

12. https://hogewash.com/2014/05/16/neptune-triton-rings-and-stars/

Access to the content in question has been disabled, according to the requirements of the DMCA.

13. https://hogewash.com/2014/05/15/inside-the-flame-nebula-2/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

14. https://hogewash.com/2014/05/14/pan-and-zoom/

Access to the content in question has been disabled, according to the requirements of the DMCA.

15. https://hogewash.com/2014/05/13/a-stellar-survivor/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

16. https://hogewash.com/2014/05/12/the-grand-canyon-of-mars/

Access to the content in question has been disabled, according to the requirements of the DMCA.

17. https://hogewash.com/2014/05/11/infrared-andromeda/

Access to the content in question has been disabled, according to the requirements of the DMCA.

18. https://hogewash.com/2014/05/10/coronal-hole-squared/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

19. https://hogewash.com/2014/05/09/b-and-c-in-uv/

Access to the content in question has been disabled, according to the requirements of the DMCA.

20. https://hogewash.com/2014/05/08/inside-the-flame-nebula/

Access to the content in question has been disabled, according to the requirements of the DMCA.

21. https://hogewash.com/2014/05/07/outbound/

Access to the content in question has been disabled, according to the requirements of the DMCA.

22. https://hogewash.com/2014/05/06/53-years-ago-yesterday/

Access to the content in question has been disabled, according to the requirements of the DMCA.

23. https://hogewash.com/2014/05/05/thats-no-moon-its-a-space-station/

Access to the content in question has been disabled, according to the requirements of the DMCA.

24. https://hogewash.com/2014/05/04/whats-up-for-may/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

25. https://hogewash.com/2014/05/03/m61-2/

Access to the content in question has been disabled, according to the requirements of the DMCA.

26. https://hogewash.com/2014/05/02/26749/

Access to the content in question has been disabled, according to the requirements of the DMCA.

27. https://hogewash.com/2014/05/01/the-pleiades-2/

Access to the content in question has been disabled, according to the requirements of the DMCA.

28. https://hogewash.com/2014/04/30/rings-and-shadows/

Access to the content in question has been disabled, according to the requirements of the DMCA.

29. https://hogewash.com/2014/04/29/missed-it-by-that-much-2/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

30. https://hogewash.com/2014/04/27/asteroids-3/

Access to the content in question has been disabled, according to the requirements of the DMCA.

31. https://hogewash.com/2014/04/26/brown-dwarf/

Access to the content in question has been disabled, according to the requirements of the DMCA.

32. https://hogewash.com/2014/04/25/m5/

Access to the content in question has been disabled, according to the requirements of the DMCA.

33. https://hogewash.com/2014/04/24/arp-81/

Access to the content in question has been disabled, according to the requirements of the DMCA.

34. https://hogewash.com/2014/04/23/m101-in-ir/

Access to the content in question has been disabled, according to the requirements of the DMCA.

35. https://hogewash.com/2014/04/21/just-a-bit-blurry/

Access to the content in question has been disabled, according to the requirements of the DMCA.

36. https://hogewash.com/2014/04/20/mariner-4-and-mars/

Access to the content in question has been disabled, according to the requirements of the DMCA.

37. https://hogewash.com/2014/04/19/the-tadpole/

Access to the content in question has been disabled, according to the requirements of the DMCA.

38, https://hogewash.com/2014/04/18/surveyor-3-and-apollo-12/

Access to the content in question has been disabled, according to the requirements of the DMCA.

39. https://hogewash.com/2014/04/16/new-moon-2/

Access to the content in question has been disabled, according to the requirements of the DMCA.

40. https://hogewash.com/2014/04/15/a-horsehead-of-a-different-color-2/

Access to the content in question has been disabled, according to the requirements of the DMCA.

41. https://hogewash.com/2014/04/12/mergers-and-acquisitions-2/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

42. https://hogewash.com/2014/04/11/el-gordo-2/

Access to the content in question has been disabled, according to the requirements of the DMCA.

43. https://hogewash.com/2014/04/09/get-ready-for-the-eclipse/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

44. https://hogewash.com/2014/04/05/a-solar-flare-2/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

45. https://hogewash.com/2014/04/04/themis/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

46. https://hogewash.com/2014/04/03/mars-in-opposition/

Access to the content in question has been disabled, according to the requirements of the DMCA.

47. https://hogewash.com/2014/04/01/encountering-hyperion/

Access to the content in question has been disabled, according to the requirements of the DMCA.

48. https://hogewash.com/2014/03/31/ios-true-colors/

Access to the content in question has been disabled, according to the requirements of the DMCA.

49. https://hogewash.com/2014/03/30/hollows-on-mercury/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

50. https://hogewash.com/2014/03/29/1000-km-closer-to-mars/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

51. https://hogewash.com/2014/03/27/you-cant-see-it-from-here/

Access to the content in question has been disabled, according to the requirements of the DMCA.

52. https://hogewash.com/2014/03/25/breaking-up-is-hard-to-do/

Access to the content in question has been disabled, according to the requirements of the DMCA.

53. https://hogewash.com/2014/03/24/confused-hubble/

Access to the content in question has been disabled, according to the requirements of the DMCA.

54. https://hogewash.com/2014/03/22/a-seyfert-galaxy/

Access to the content in question has been disabled, according to the requirements of the DMCA.

55. https://hogewash.com/2014/03/21/coming-attractions-lunar-eclipses/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

56. https://hogewash.com/2014/03/20/measuring-a-black-holes-spin/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

57. https://hogewash.com/2014/03/19/the-moons-north-pole/

Access to the content in question has been disabled, according to the requirements of the DMCA.

58. https://hogewash.com/2014/03/18/the-monkey-head-nebula/

Access to the content in question has been disabled, according to the requirements of the DMCA.

59. https://hogewash.com/2014/03/17/hubble-nets-a-butterfly/

Access to the content in question has been disabled, according to the requirements of the DMCA.

60. https://hogewash.com/2014/03/16/missed-it-by-that-much/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

61. https://hogewash.com/2014/03/15/preview-of-coming-attractions-3/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

62. https://hogewash.com/2014/03/12/the-sun-in-january/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

63. https://hogewash.com/2014/03/11/a-swift-tour-of-andromeda/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

64. https://hogewash.com/2014/03/10/wimpy-x-rays/

Access to the content in question has been disabled, according to the requirements of the DMCA.

65. https://hogewash.com/2014/03/09/exoplanets-and-exocomets/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

66. https://hogewash.com/2014/03/08/a-telescope-larger-than-a-galaxy/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

67. https://hogewash.com/2014/03/07/the-sand-dunes-of-mars/

Access to the content in question has been disabled, according to the requirements of the DMCA.

68. https://hogewash.com/2014/03/06/a-day-on-mercury/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

69. https://hogewash.com/2014/03/03/martian-sunset/

Access to the content in question has been disabled, according to the requirements of the DMCA.

70. https://hogewash.com/2014/03/02/surveyor-1/

Access to the content in question has been disabled, according to the requirements of the DMCA.


Clicky Steve | Community Guardian | WordPress.com

BS201407141324Z

60 thoughts on “#BillSchmalfeldt Files Fraudulent DMCA Takedown Notice

  1. So, let me get this straight.
    1. BS has accused you of the felony of claiming NASA material as your own via copyright.
    2. BS files a DMCA takedown notice with WordPress in which he declares, under penalty of perjury, that he is owns NASA copyrights.

    Seriously, you cannot make this up. And to see the list of deleted tweets in which BS gloats about all the people he reported WJJH to (and later denied that he did), see the comment thread here:

    https://hogewash.com/2014/06/27/a-note-about-other-peoples-copyrights/

    • I hope that the SA has been contacted about Bill’s perjury. Not to mention his harassment.

      That boy really needs to find something productive, or at least less destructive to others, to do with his time.

  2. “which means the complainant is asserting ownership of this material and claiming that your use of it is not permitted by him/her or the law.”

    How is Bill Schmalfeldt claiming ownership of this material? The last post mentioned says “Image Credit: NASA”. If this is a copyright violation, shouldn’t, NASA, the copyright holder be the one filing a DMCA notice if you’re in violation of their copyright?

    • Bill Schmalfeldt is appearing to “claim ownership of the material” when he swore that he was, “…authorized to act on behalf of the owner.” That would mean, presumably, that he was impersonating a NASA official, or attorney thereof.

  3. Two points from: http://www.nasa.gov/audience/formedia/features/MP_Photo_Guidelines.html

    1) “NASA should be acknowledged as the source of the material except in cases of advertising. See NASA Advertising Guidelines.”

    2) “NASA material is not protected by copyright unless noted. If copyrighted, permission should be obtained from the copyright owner prior to use. If not copyrighted, NASA material may be reproduced and distributed without further permission from NASA.”

  4. Just to refresh my memory: most of those photos came from NASA, and were public domain, right?
    Just sucks that most of these false complaints go unpunished. Hopefully that won’t happen here.

    • Correct. NASA doesn’t have copyright ownership over their images or other works. The copyright act specifically says that works produced by officers or employees of the government within the scope of their employment are exempt from copyright protection.

      In some cases a third party may produce a work and sell that work to NASA, but NASA itself cannot copyright anything.

  5. “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

    Ruh-roh?

    • No, despite everything, he’s probably not going to suffer any consequences. They’re going to assume, as they’ve been assuming all along, that this is a dispute between two men who are far too involved in each others’ affairs.

      Though I do suspect all relevant parties will look at BS and shake their heads in dismay. No one should ever be that stupid and malicious. It’s just embarrassing.

  6. Schmalfeldt’s fraudulent DCMA takedown request exposes him to civil and criminal penalties. If WordPress “misunderstood”, he took special care to ensure that they would.

    • Let’s hope this “straw” will finally break the adjudicated serial harasser and cyber stalker’s internet connection. 🙂

  7. Bill Schmalfeldt issued DMCA takedown notices on EMBEDDED YOUTUBE VIDEOS!

    Let me say that again, in all it’s mind-numbingly, insane glory:

    Bill Schmalfeldt issued DMCA takedown notices on EMBEDDED YOUTUBE VIDEOS!

    I never thought his stupidity would hit bottom, but today is indeed a special day.

    BILL YOU IDIOT! We explained this to you, over and over and over.

    • His action wasn’t lawful, and there is ample evidence it was malicious. I think it would satisfy this description:

      § 3-803. Harassment
      Prohibited

      (a) A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

      (1) with the intent to harass, alarm, or annoy the other;

      (2) after receiving a reasonable warning or request to stop by or on behalf of the other; and

      (3) without a legal purpose.

      Exception

      (b) This section does not apply to a peaceable activity intended to express a political view or provide information to others.

      Penalty

      (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

      (1) for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and

      (2) for a second or subsequent offense, imprisonment not exceeding 180 days or a fine not exceeding $1,000 or both.

      His “provision of information” was fraudulent, so he is unlikely to find protection there.

  8. Oh, no he di’int.

    Good grief. There are not enough facepalms to employ courtesy of the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt’s latest — and, possibly greatest — EPIC FAIL!

    *smdh*

  9. It’s too bad that our host is such a gentleman!

    This criminal act mandates the severest possible response.

    It’s time for LTG Hollingsworth’s response: “We don’t take any (censored) prisoners”. We take land area.

    Elkridge Horror. You’re on notice!

  10. And again he repeats the provably false (and known by him to be false) accusation that you attempted to claim copyright on NASA material. Just like the New York Times claims copyright on all those AP and Reuters stories and photos they print every time they file Form G/DN.

    The stupidity truly knows no bounds.

  11. I’m curious, what are the Hogewash posts of Bill’s material that he claims are the actual core components of his DMCA takedown notice, not just the Nasa ones.

    If there are any that is.

    • I see that our esteemed host has put up a new entry stating that he has listed every item here that he received from WordPress.

    • Bill knows damn well that WP doesn’t claim ownership of anything posted using their software. He’s just using it to confuse them and get them to take stuff down to harass our host.

      • I have no doubt that Bill Schmalfeldt was “researching” his novel counter-claim that Word Press, not John Hoge, holds the copyright to Hogewash’s content, and, therefore, he was counter-claimed, and sued, by the wrong party. That is, he was doing so before he proceeded to file a fraudulent DMCA takedown notice that had nothing to do with his initial query. [Never mind he taunted John Hoge, not Word Press, to countersue him.]

        As to your claim, “Bill knows damn well that WP doesn’t claim ownership of anything posted using their software.,” I would simply note that that might be true of even a semi-literate dimwit having a passing familiarity with the subject. However, we are dealing with Bill Schmalfeldlt. His fundamental inability to see the world as it is, as opposed to how he would wish it would be, has left him functionally less intelligent than a retarded person. Sure, his entire premise is specious, and has no basis in law, but, when have such quibbles ever deterred Bill Schmafeldt in the past?

  12. The links in question seem to be back up. Did John file a counter-notice already? Or did Word Press realize it had been had?

    • Not sure if that is accurate, for me the links to the posts remain, it is the Nasa images and video’s that are missing from the actual posts.

    • Now, the majority of content has been restored by WordPress. There does appear to be a problem with item 1, but that may not be due to WordPress at this time.

  13. This is part of what CB said: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”

    The headline is accurate. How can this and the rest of his rant be interpreted any other way?

    CB’s mother would be proud. 😐

  14. schmiranda

    you have the right to remain stupid
    If you say anything it can be held against you in a court of hysterically laughing people
    you have the right to pro-se yourself repeatedly
    if you are tired and cannot pro-se yourself a court appointed artist name “fluffer” will be appointed for you
    if you understood these rights obviously you wouldn’t be in the dire situation you put yourself in

  15. I was quite enjoying the cosmic education myself and am sad poor Bill didn’t appreciate God’s eternal copyright to it all.

    Sorry DMCA, you didn’t make that.

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