The Dread Pro-Se Kimberlin has reached a settlement with Lynn Thomas and Peter Malone, the two individuals he alleges to be Kimberlin Unmasked, in his copyright trolling case.
TDPK never had much of a case. He said that Justice Through Music Project owned some of the copyrights, and he didn’t have standing to sue for those. He failed to register the copyrights he did own in a timely manner which created other problems for the viability of any suit.
I am unaware of the terms of any settlement agreement.
If there was any agreement beyond dropping the case as is, generally it would be referenced in the order, no?
Settlement agreements are private contracts among the parties. They don’t become part of the court record unless one party or another brings suit for breach of the agreement.
A smart person would include nondisclosures in the settlement agreement as well.
But then a smart person….
Thinking oneself smarter than one really is, and smarter than one’s opponents without exception, seem to be defining characteristics of Team Kimberlin.
Right, but with no incorporating reference to it, and given that the case and all related claims are dismissed with prejudice, how would one go about enforcing any such agreement? The stipulated judgement as written ends the case.
A settlement agreement is a contract. It’s enforceable under contract law which would require filing a new suit, probably in a state court.
A consent decree, which this does not seem to be, is a court-ordered settlement. Violation of a consent decree is usually contempt of court.
You enforce it by suing for breach of contract.
You can guarantee that a certain Dumbass will start crowing about “rolling over” and “squealing” and “giving up the others” and “payments” any second now. You could probably start a wagering association based on most correctly estimating the time of the occurrence based on the knowledge of current probabilities. It might even be somewhat popular.
Party at Krendler’s. BYOpopcorn.
A lot of settlements are like the Hoge/Schmalfeldt one – no money, just basically, “let’s drop this.”
and most probably this one is as well. think that will mute the Dumbass?
Reblogged this on A Conservative Christian Man.
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The silver lining here is that serial unrepentant vexatious litigant, and serial false report filer, Brett Kimberlin, has iced one of his frivolous lawsuits against someone who (among many other fatal weaknesses of the suit) never did anything actionable or illegal.
The down side is the extent to which Brett Kimberlin escapes consequences for this reckless, lie-packed, loose cannon victimization of anyone within reach. I hope all onlookers remain committed to help all Brett Kimberlin’s victims as much as possible from now on. Brett does not give up just because he is wrong, he doesn’t give up just because what he’s doing is totally illegal, and he won’t give up just because a lot of time has passed. Therefore anyone interested in justice must match that tenacity.
Justice isn’t going to do itself. Help the victims.
There used to be an old fellow who panhandled outside my downtown office building. Nice enough guy, but would get these manic fugues where he would accost people on the street, yelling silly insults – ‘Boris, you getting fat, man? Mary, looking hootchie cootchie today!” and the like, not horrible, but loud and embarrassing. I noticed he only yelled at people who gave him money before!
‘Why do you only call out your friends?’ I asked him. ‘Tried ribbing a stranger once,’ he replied, ‘and the guy beat my ass!’
Some day, TDPK will sue the wrong stranger. I doubt the cops will spend much CSI time on the case.
As I’ve said before, such an outcome isn’t anything to wish for since it would deny full vindication to all of Brett’s victims.
ALL of the wrongs Brett’s done to ALL of his victims, no matter how recently or long ago, must be redressed. This will probably not be any easier to work on if Brett disappears.
Funny, I’ve pondered that myself. So far, TDPK has targeted people who are generally decent folks. But I can think of at least two bloggers who, if he made himself too much of an irritant, might take the whole thing personally.
I doubt they’d do anything RASH, oh no. It’d be carefully thought out. But it’d be a shame if he ended his days as someone’s drinking cup.
Unlike the dismissals in the RICO case, this one expressly says there was a settlement.
We don’t know what goes on behind the scenes, but it seems that Thomas and Malone did not think that the case was about to implode and go away. If they were going to have to go to Maryland at all, even being pro se the costs become pretty high. I would hope that their settlement extends to dismissal in the RICO case, also.
Whether they or one of them were or are Kimberlin Unmasked, BKs goals have been achieved. KU is off the air – it was locked up by blogspot, and even the offshore version blanked. Seems even the twitter account is gone. Again, stuff that even a judge could not order.
On a related note, though, I see that Rush Limbaugh is suing the DCCC for defamation. Or threatening to. As I have said, the courts will one day rue the precedents set in service of BK. Perhaps Limbaugh’s case will be in a Maryland court. That would be fun.
It will be difficult to defeat Leftist lawfare in the courts because the game is rigged. That will only change when lawfare becomes painful to the Left.
I’m not sure that Kimberlin got all that he was looking for. I found that I had a new follower on Twitter this morning.
I think I’ve said so here before, but I personally believe Brett Kimberlin was completely aware that the people he was vexatiously suing, for being @Kimberlinunmask, never operated any @Kimberlinunmask account or site.
What’s amazing about Brett Kimberlin style vexatious litigation is that this wasn’t even the worst flaw of his conduct in the suits concerning @Kimberlinunmask.
Agreeing to cease operating, or publishing, any “Kimberlin Unmasked” website would be a trivial concession if neither one was “Kimberlin Unmasked!”