Prevarication Du Jour


I see that the Cabin Boy™ says that he’s filed another DMCA complaint. This one is against TMZ for posting a link to one of his podcasts.grouch365|201507121347ZAs usual, it’s a false one. If one looks at the html code for the TMZ post, one does not find any of the audio for the podcast. Instead, one finds an embedded link to YouTube.grouchpodcastOf course, YouTube’s Terms of Service permit such linking, so by posting his podcast to YouTube the Cabin Boy™ granted blanket permission for TMZ or any other website to link to his podcast.

The Cabin Boy may wish to meditate upon the meaning of these words:

(f) Misrepresentations. – Any person who knowingly materially misrepresents under this section —

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

—17 U.S.C. § 512(f)

UPDATE—Spoliation?spoliation

47 thoughts on “Prevarication Du Jour

  1. Say, wouldn’t the estate of Groucho Marx control and and all uses of his image, per Acme Legal? While a public figure, he never posted any pictures of himself online, which is far less frequent as BS. I sure hope BS has all proper paperwork and authorizations, because I doubt anyone in Groucho’s circles would want to associate with someone so unfunny.

      • Graucho’s estate employs a very, very aggressive trademark maintenance firm. So aggressive, in fact, that it was featured on 60 Minutes several years ago. They also represent the estates and images of Marilyn Monroe and James Dean, so you can be sure that they have the resources to deal with William swiftly and mercilessly.

        Let’s now move onto other matters requiring this ridiculous complaint. “Paul Krendler” didn’t write the post in question, I did, as indicated by my name being at the top of the post. I’m shocked that celebrated legal researcher William Schmalfeldt didn’t notice that. If nothing else, Ely should have. I’ve heard that both of them “are monitoring these blogs very closely.”

        How is that important? Well, I’m a foreign national and therefore not subject to DMCA. At all. Depending on where its server is, Thinking Man’s Zombie might be, but I am not. Nor am I, as the Fourteenth Amendment describes it, “subject to the jurisdiction of the United States.”

        Having said that, William is free to press any matters regarding me in the courts of and under the applicable statutes of my country. Granted, that may or may not be in English and I sincerely doubt that foreigners are allowed to litigate pro-se here.

    • I can’t help but think Groucho wouldn’t want to belong to any group that would have certain individuals as members.

  2. Butt-hurt still isn’t a tort … nor is linking to YouTube content a violation of copyright. The act of publishing anything to Youtube puts in place their terms of use and Creative Commons license. Basing a DMCA complaint on such is exactly a violation of 17 U.S.C. § 512(f).
    Sorry Bill, you know I am praying for you but you need to pray and dial back your being offended by everything … If you simply put a stop to your reactions to the taunts and mockery, remembering the silence of our Savior when he was being taunted and mocked by the centurions and the crowds, taking the Christian stance to suffer in silence and to forgive your enemies and detractors, this whole issue would disappear and soon would be but an unpleasant memory. I pray the Lord grants you peace and strength to control your urges and let this all die on the vine. It does work, it simply takes time. It is not our past sins that define us, it is the forgiveness of Christ and how we exemplify that in our lives by our behavior going forward. We are all sinners and will slip and make mistakes, but the fact we confess our sins and try to live a true Christian life outweighs all the catcalls and laughter of our detractors. We bring our own condemnation and mockery upon ourselves by our ongoing acts. I pray Bill prayerfully considers this.

    • More exactly, these things wouldn’t happen if he stopped lying as a means of bullying his betters.

      The Bible says something about bearing false witness, doesn’t it? I’m pretty sure it does.

      • I’m not going into specifics as this isn’t a public confessional. I merely say sin, let the sinner confess his own sins and seek the forgiveness of Jesus.

  3. Didn’t Cabin Boy have this same problem when he tried to have NASA videos “removed” from here, only to have WordPress inform him that no such content was hosted by them?

    Good Lord, that boy is an idiot.

  4. He didn’t even recognize the youtube controls at the bottom? The HZIC must be some kind of IT Wizard to hack Youtube controls…

  5. Child porn producers have different skill sets than say normal run of the mill degenerates. Child porn producers are a special breed, some can be found in simple overpaid jobs at government health agencies and some are lowered by helicopter into a national broadcast booth to host the only sat radio channel that was not listened too.

    Child porn producers write volumes in defense of their filth, their sick twisted stories of rape by adults in cherished children’s organizations. Some child porn producers are pro se lawyers, and they measure their success by surviving jail by the grace of a judge who really felt sorry for the inmates and didn’t subject them to their odor.

    Some are also just total idiots, there’s that as well.

    • But aren’t they universally regarded as being good at computers?

      The exceptions that prove the rule are always fascinating, aren’t they?

  6. Grouch365:

    “Hoge Knows MORE than Lawyers Do! Just ASK him!”

    Well, Hoge, unlike Bill Schmalfeldt, DOES know how to read Youtube’s TOS:

    “You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.”

  7. I just pasted the link into the browser/editor and I was able to post the video. Of course all I wanted was the link. Somebody wanted to hear the Vincent and Charles stuff. Wait? We can’t post a link to YouTube, but Bill can post a picture of a complete stranger and accuse him of terrible stuff? Seems unfair.

  8. Why doesn’t he want his material promoted? He’s a starting, struggling Internet broadcaster; exposure is his best hope to build an audience.

    Unless there’s something in the show he might want to make disappear at some time in the future. Nah. He never deletes anything.

  9. He took down his own video (that exposed him lying about not having any reason to know who “Ely” is. )

    I wonder if he knows that youtube retains video even when he deletes it?

    • I think he’s ashamed of being either a congenital liar, or an exceptionally poor one. The latter is far more probable than the former. Ely should keep an eye on that.

      The most entertaining part is that William somehow believes that without the video, the hilarity dies.

      Doesn’t he know who he’s dealing with? The diminished capacity is starting to show. And he doesn’t wear it well at all.

      Helluva weekend, huh, Ely?

  10. Well, if nothing else, something was accomplished this week. We’ve finally gotten past the silly notion that no one can utter the name Bill Schmalfeldt or use his image (presumably because he loses a little bit of his soul every time that we do) without the express written permission of Major League Baseball, or whatever it was that his imaginary shyster, Ely, was telling him.

    Could we be more thrilled, William?

    Wow! Just think of how happy you’ll be when get the rest of your attitude adjusted!

  11. Isn’t it obvious? Krendler is really Susan Wojcicki, CEO of YouTube!

    Feldtcharts at 11.

  12. If he’s “click-bait”, why are his own projects such dismal failures? His IFP application said more on the topic than I ever could.

  13. This is embarrassing. I spent five minutes searching tmz.com for their link to The Cabin Boy, and wondering why the hell the celebrity gossip site be linking to him at all. Then it occurred to me that it might be referring to our favorite Thinking Man’s Zombie.

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