For the Record


The Gentle Reader will not find any mention of the DMCA in the text of the CreateSpace email attached at the bottom. The idea that I relied on the DMCA in my communications with CreateSpace is simply an invention of the CabinBoy’s™ fevered imagination.

* * * * *

From: Bill Schmalfeldt bschmalfeldt@[redacted]
Subject: OFFICIAL DMCA COUNTERNOTICE Notice of Copyright Concerns Received: 5817150
Date: 23 November, 2015 at 01:30 +00:00 UTC
To: DMCA: Copyright copyright@createspace.com
Cc: himself@wjjhoge.com

In the matter of the DMCA Takedown Request by WJJ Hoge III, 20 Ridge Road, Westminster, MD of my copyrighted work, a book by the title of “Confessions of an Undercover Troll,” I claim under threat of perjury:

I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

That the person filing the DMCA takedown request is not the copyright owner of the work.

That the person filing the DMCA takedown request is not the “appointed agent” of the copyright holder.

I submit to the jurisdiction of the United States District Court for the District of Wisconsin, Eastern District.

According to the US Copyright Office, Mr. Hoge has 10-14 days to produce a court order from the above District Court proving himself either the copyright owner, or the appointed agent of the alleged copyright owner, revealing the name and address of the person for whom Mr. Hoge has made the claim as an appointed agent. Mr. Hoge does not provide CreateSpace with such a court order from the US District Court for the District of Wisconsin, Eastern Division, by Monday, Dec, 7, then by law Create Space is obligated to make my book available at once and should file charges against Mr. Hoge for filing a false DMCA Takedown Request.

Please respond indicating that you understand your duties in securing my rights as the author and copyright holder of this book, and that you will restore it as soon as you can legally do so.

My Electronic Signature

William M. Schmalfeldt
[redacted]
Saint Francis, WI 53235
414-[redacted]

On Nov 22, 2015, at 7:04 PM, Bill Schmalfeldt <bschmalfeldt@[redacted]> wrote:

Please provide, at once, the logic Mr. Hoge uses to file his DMCA takedown,

Is he:

A: Claiming Ownership of the work in question or
B. The appointed agent for someone else claiming ownership of the work?

Until such time as either of these questions are answered, what you have is a false DMCA takedown as only the copyright owner or his/her appointed agent can request a takedown. Please restore the book at once until these questions are answered.

Please understand that I intend to pursue charges for false DMCA takedown unless this matter is resolved at once,

Wiliam M. Schmalfeldt

On Nov 22, 2015, at 5:30 PM, DMCA: Copyright <copyright@createspace.com> <copyright@createspace.com> wrote:

Dear Bill Schmalfeldt,

We have received notice from a third party regarding copyright concerns over “Confessions of an Undercover Internet Troll ”, Title ID:5817150 . Please be advised that we do not involve ourselves in third party disputes and therefore have removed the availability of the title through our systems until this matter is resolved.

Here you will find information on the party that submitted the notice:

William Hoge
himself@wjjhoge.com

Please also be aware that we will be supplying your contact information to the party that filed this notice.

Once a resolution has been reached between both parties concerning the title, please contact us via copyright@createspace.com so that we may take the appropriate action regarding the title.

* * * * *

Stupid is as stupid does.

UPDATE—This just appeared in my email inbox. From the timestamp it appears that it was sent a few minutes after the Cabin Boy™ disconnected from his last login to Hogewash!

* * * * *

From: Bill Schmalfeldt bschmalfeldt@[redacted]
Subject: Re: CreateSpace – Notice of Copyright Concerns Received:5817150
Date: 23 November, 2015 at 20:39 +00:00 UTC
To: DMCA: Copyright copyright@createspace.com
Cc: himself@wjjhoge.com

Could you answer a question for me and answer it quickly as possible, please, regarding your removal of “Confessions of an Undercover Troll” from your CreateSpace shelves?

The complainant, WJJ Hoge III, says he did not file a DMCA takedown request. He merely informed your that I had copied something from his website.

Which is true? Did he file a DMCA complaint, or did he merely inform you that I used a part of his website without his permission?

This is a very important question. If it was a DMCA takedown, I have an avenue to address that, If you just automatically remove a book because some jerk comes along and claims he was copied, what’s to stop me or anyone else from taking every book off your shelf by stating “the author stole from my work”?

Mr. Hoge claims I “stole” several paragraphs from his Hogwash.com blog, dated September 3, 2012.

Here’s what was posted on that date.

Some bozo calling himself the Liberal Grouch appears to be a member of Brett Kimberlin’s clown posse, and he’s threatening to sue Aaron Walker for defamation. He believes that Mr. Walker defamed him because he was accurately quoted in postings tweeted by Mr. Walker.

You can find the details of the exchange in question here, including tweets/posts that the Liberal Grouch deleted (perhaps in an attempt to erase evidence?).

Team Kimberlin is saying that they will start a “legal defense fund” for the Liberal Grouch if he sues Mr. Walker. They have the right idea because he will need a defense fund when the counterclaims come back from Aaron Walker.

Oh, and if Bill Schmalfeldt (if that’s his real name) is stupid enough to sue Aaron Walker, I’ll be first in line to make a substantial contribution to the Blogger Defense Team to help defray Mr. Walker’s legal expenses.

UPDATE—@LiberalGrouch tweets that I should read his side of the story. I have. My comments above stand.

Now, here’s what I wrote on pages 8-9 of “Confessions of an Undercover Troll”

Some bozo calling himself the Liberal Grump appears to be a member of Brent Timmerman’s clown posse, and he’s threatening to sue Aaron Slouch for defamation. He believes that Mr. Slouch defamed him because he was accurately quoted in postings tweeted by Mr. Slouch.

You can find the details of the exchange in question here, including tweets/posts that the Liberal Grump deleted (perhaps in an attempt to erase evidence?).

Team Timmerman is saying that they will start a “legal defense fund” for the Liberal Grump if he sues Mr. Slouch. They have the right idea because he will need a defense fund when the counterclaims come back from Aaron Slouch.

Oh, and if Bill Parvocampus (if that’s his real name) is stupid enough to sue Aaron Slouch, I’ll be first in line to make a substantial contribution to the Blogger Defense Team to help defray Mr. Slouch’s legal expenses.

UPDATE—@LiberalGrump tweets that I should read his side of the story. I have. My comments above stand.

Now, if Mr. Hoge filed a DMCA takedown, he needs to get a court order from the US District Court for the District of Wisconsin claiming copyright infringement. As Mr. Hoge has never registered these 5 paragraphs with the US Copyright Office he will find hard sledding in trying to sue me for infringement for an obviously derivative, fair use of the material. He has until Dec.7 to do so, or the book goes back up.

If he did NOT file a DMCA takedown, I am not asking you to settle a copyright dispute as none exists, I have applied for copyright for this book, Mr. Hoge has not applied for copyright for his blog, so he could not prevail in court.

If Mr. Hoge did not file a DMCA takedown, I expect you to return my book to the shelves immediately or face legal actions for abrogating your duties under the DMCA Act of 1998.

Sincerely,
William M. Schmalfeldt

* * * * *

I really didn’t file a DMCA notice. I used Amazon’s online form which has nothing to do with the DMCA.

UPDATE 2—<sarc>I’m sure Amazon is quaking in their collective boots at the prospect of facing “legal actions for abrogating your duties under the DMCA Act of 1998.”</sarc> OTOH, he’ll have to sue them in Seattle, and the weather is nicer there in the winter that it is in Milwaukee.

105 thoughts on “For the Record

  1. Oh, and for his blustering about CreateSpace being his enforcer: “Please be advised that we do not involve ourselves in third party disputes…”

    • Well, I doubt he has enough money left from the life insurance to pay the retaininer that would be required by any lawyer with enough brain to pass the bar exam in order to get one to take that turkey.

      I just think it interesting that he is claiming that his harassment of Patrick Grady must have just been a publicity stunt. Will the court look kindly on that? Or his suits against various people, including John Hoge? If what he wrote were true (yeah, right) than the court system in Maryland should be suing him for wasting their time and resources.

      Bet he didn’t think of that when he wrote that stupid post. He’s laying himself open to all sorts of legal issues, even more than he already is facing.

  2. “…then by law Create Space is obligated to make my book available at once and should file charges against Mr. Hoge for filing a false DMCA Takedown Request.”
    So, that’s how it works? Create Space is obligated to make books available, regardless of their lawyer’s advice?

  3. Wait, in the previous post about this, our host indicated that this was regarding portions taken from this blog and used in the book of unknown authorship.

    So… this requires our host to reveal… himself. As the true author of a few pages. Not the entire book. A fact that is already known.

    I’m not certain that this plan was thought out all the way though.

    • I pointed that out in the last thread too. It’s mindboggling as if they think “copyright infringement” is a singular act for each publication (rather than the possibility of many separate acts.)
      Plus it seems clear Create Space isn’t really treating this as a DMCA takedown either (despite their likely canned subject heading.) They’re treating it as a 3rd party dispute. Which makes sense, DMCA isn’t the totality of copyright disputes.

  4. Wasn’t there a legal agreement about not using materials from the other’s blog?

    I guess his dementia has progressed to the point where he can’t remember anything except that he hates. Does he even remember why he hates?

    • He is a criminal scum, living in fear pee that he maybe evicted now that it seems that they possibly could be investigating him and his blogs

      • I don’t know John, that other signature looks a lot like the other signatures he claims it couldn’t be his cause they are too similar. Its like when Bill called me pretending to be another Bill pretending to be Bill.

        He also could have signed it with his fingers crossed behind his back

      • And this agreement means that that “I submit to the jurisdiction of the United States District Court for the District of Wisconsin, Eastern District.” is useless as well. Bill must contest anything about this in Maryland.

        • Yes, the settlement agreement, which gave Hoge what he really wanted, has been interpreted by BS as giving Hoge “the back of [BS’s] hand.”

          HA.
          HA.
          HA.

    • Yes, and there’s also Bill’s review of the book at Amazon in which he gave it 5 stars and insisted that he didn’t write it. Which Amazon TOS violation are you admitting, Blob?

      FYI: CreateSpace IS Amazon.

      • Bill reviewing his own book? Why, that’s worse than reviewing a book you haven’t even read yet (which is what the review states – he had ordered it, but no indication that it had arrived or that he read it.)

        Bill Schmalfeldt is a liar, a thief, and a serially adjudicated harasser.

  5. Bill has the ability to clear all this up quickly. So Bill, why don’t you man up and post the DMCA takedown notice that CreateSpace would have had to legally send you if John had indeed relied on that avenue to have your book removed. If CreateSpace did not send you a copy of the DMCA takedown notice then of course you can’t prove it by posting it, which will prove you the huge liar we all know you to be. Balls in your court Bill.

    • When you say “Balls in your court Bill,” are you suggesting that Bill HAS balls?”

      I disagree. Unless you count [redacted]. But they never really belonged to him. He may possess them, but he doesn’t OWN them and never did,

    • >Bill has the ability to clear all this up quickly.

      You need to keep reminding yourself – if it’s a normal impulse, it doesn’t affect Bill.

      Wanting to clear up misunderstandings and/or messes is a normal impulse.

    • Good point. He (intentionally?) listed it under a slightly different author name—”Call Me Anonymous” for the Kindle edition vs. simply “Anonymous” for the dead tree version. Might explain why Amazon didn’t catch both.

    • From: Amazon.com Copyright Agent copyright(at)amazon.com
      Subject: Re: Your Amazon.com Inquiry
      Date: 23 November, 2015 at 18:10 +00:00 UTC
      To: W J J Hoge himself(at)wjjhoge.com

      Dear William,

      Thank you for your message. Please be advised that we are in the process of removing the following Kindle titles from all Amazon sites:

      Confessions of an Undercover Internet Troll: The Things We Do for LULZ ASIN: B0170AJF4Y

      It typically takes 2-3 days for a listing to disappear once it has been removed from our catalog. We trust this will bring this matter to a close.

      Best Regards,

      Anne [redacted]
      Copyright/Trademark Agent
      Amazon.com

      • Let’s believe the cut and paste response by evidence forger WJJ Hoge. BWAHAHAHAHAHAHAHAHAHAHA

        Fuck you, limp dick.

        • You guys only believe forgeries by convicted forgers like Brett or ones who get caught red-handed like William, right?

        • Aww, did someone get their widdle feewwings hurt?

          There has never been any suggestion, other than BS’s fevered imagination that there was a forgery. And even if it were a forgery, I don’t recall that it was ever entered into evidence, so there is no way JWWH can be an “evidence forger”.

          BS on the other hand….. has with this little book stunt proven himself a perjuror, even if not an adjudicated one, since he has sworn under penalty of perjury that he wrote everything at TMZ, although he has taken people to court for hurting his feelings by what was written at TMZ.

          So will BS tell us, was he committing perjury then, or now?

          • Embrace the healing power of ‘and’. He was committing perjury then AND now. His incandescent butt-hurt overwhelmed what little brain power he has.

    • Finding a slug crawling along, he screams, “HOOOOOOOOOOOOOOOOOOOOOGE!” and proceeds to return to his mire, and the burned fool’s bandaged finger goes wabbling back to the firre.

  6. She is? Do tell? And if this is for real, there are two things to look for: (1) someone is “making bigs,” and (2) wouldn’t it be a hoot if Grady pulled a BK on BS? You know, have him arrested at the courthouse? I mean, BS just admitted that he knowingly sued Grady, who had a protective order against BS, in what looks like a transparent attempt to harass the man and get around the order.

    • Oops, link:

      • No, I think Lynn Thomas sounds quite sensible. If some random dude with a poop obsession and a tendency to stalk strangers started harassing me out of the blue, I’d pretty much hie me to a court at speed.

        You would think that he never once attacked a woman for no reason, or photoshopped her in revolting ways, or published her parents’ phone numbers and a picture of their house, and their address, or called and left creepy messages, or….I could go on, but no one could possibly see any reason to apply for a protective order, could they? Just those little things, hahahaha, all in good fun?

        Yes, the preceding paragraph should be read sarcastically. Very, very sarcastically.

        • Those little things:

          Three phone calls to my house, two with messages.
          Sixteen unsolicited emails, fourteen after I told him cease and desist.
          Two unsolicited emails to my wife.
          Online threats he would ruin my wife’s business.
          Online threats he would take away my wife’s business.
          Online insults about my wife’s appearance.
          Stealing my photos and publishing them on his blog and Twitter.

          Just little things – nothing to get upset over, right? A judge disagreed.

      • YET ANOTHER victim of Deranged Cyberstalker Bill Schmalfeldt’s harassment and abuse and threats is seeking YET ANOTHER restraining order against him?!

        BWAAAAAHAHAHAHAHAHAHAHAHAHA!

        • Hopefully, they will go back and vote on whether he gets thrown out or everyone else gets sued. Would be interesting to see 1 person in Bill’s court..

    • Hey I wonder if Cardinal Management has taken notice of all the times law enforcement has shown up so far to serve him with protective orders from out of state?

      Do you think their lawyers are still going to fight on behalf of Bill?

      Do you think Cindy might actually be wondering if all the stuff on Google is true?

      Is Bill on a first name basis with the Milwaukee County Sheriff’s Office yet?

      Do you think his neighbors have filed complaints about the wailing and gnashing of teeth coming from his room?

      Do you think Bill will get the fucking hint that the COMMON DENOMINATOR in these peace orders/restraining orders is his reprehensible behavior — and that multiple courts in multiple states agree with his victims?

      Are we having FUN yet? ;D

      • Having myself recently spent a year in a nursing home following a micro-stroke, I can assure all and sundry that when cops show up at the home for any reason whatsoever, it’s a pretty big deal – certainly to other residents, because, frankly, there often isn’t much else to talk about. The staff also tend to be less than pleased.

        It becomes the topic of many a conversation, and the “rumor mill” goes to work overtime.

        If the true story isn’t known, the rumors can be quite unsavory. Though in CBBS’ case, the truth is quite unsavory enough.

        • Russ — Please know numerous prayers are frequently lifted for Team Free Speech… you, sir, are certainly included and counted among them.

    • There’s a cheerful thought. Bill sues Grady for writing things that Bill has now claimed copyright ownership of by swearing he wrote them. Then why did he sue a man who has a restraining order against him? The lulz of watching a sheriff’s deputy take Bill into custody AFTER he walks into court and fuck himself yet again… I’ll certainly taking Howard’s advise and stretching my lulz muscles well.

  7. In the last 13 hours, BS has:
    1. Claimed that he was Krendler,…
    2. The guy he sued several times, claiming that he was other people,
    3. And is now saying that Krendler, who wrote “filthy” things is an innocent woman.

    Was that only on Tuesdays? Was Bill Krendler the rest of the time, writing “filthy” things?

    The man needs a serious mental evaluation.

  8. So William M Schmalfeldt has claimed that he was originally “Paul Krendler”, and that when he wanted out, the identity passed to an identified woman. So why did he sue Patrick Grady aka “Paul Krendler”. If his recent statements about the history and identity of “Paul Krendler” are true, then he is guilty of filing a false and malicious federal lawsuit against Patrick Grady and others. As one of those “others”, if he should ever make the mistake of attempting to sue me again, I will legally stuff this statement down his throat.

  9. You know I try to explain to people, eg my spouse, what is going on, and it is far too insane for anyone to follow.

    K (a pseudonym) publishes a blog mocking B (for Bullshit). B sues G for defamation as the true author of K’s blog. After that suit is dismissed with prejudice, someone anonymously publishes a book incorporating material from K’s blog and claiming in fact to have initiated the persona of K. (almost certainly a lie because K is funny whereas B is just crude). B first says he is not the author of the book (which may of course have been a lie.) Later he says that he is the author, which if true implies both that his previous statement was a lie and also that he is K (unless he lied in the book). And now he seems to be saying that he has copyright over material used in the book that he agreed contractually not to use without permission, which he did not get.

    I mean I think that is the current state of play. It is so absurd and convoluted that I am never quite sure whether I may not have missed some aspect of the farce, and it is quite impossible to explain it to anyone who has not followed it day by day.

    By the way: we all know that Lynn is not Paul; she can’t be because L is really Howard Earl.

  10. Don’t you love the sound of Twitter crickets when Blob includes the TK gang on his “Back Me Up Guys” tweets?

    • I think it’s sad that his pedo pals sit by silently watching Bill screw himself time after time. Why sane people might get the idea that they really don’t have his best interests at heart and are enjoying the spectacle he is making of himself.

    • Let’s get ’em, guys! …. Guys? Guys? Where are you guys? It’s not funny, guys.

      He needs to understand that his behavior is so despicable that even Team Kimbergarden can’t support it.

    • I have the feeling that when the tweets show up, the TK gang first makes certain that they have swallowed any liquid refreshments, and are sitting down.

  11. http://www.rightsofwriters.com/2010/12/can-i-say-my-blog-is-copyrighted-basics.html

    “Again, keep in mind that copyright registration is not a prerequisite for copyright protection. Even if you have not registered your work before someone infringes it, you can still potentially recover actual damages from the infringer or the infringer’s profits attributable to the infringement.”

    That’ll be $250 bucks, Nill.

    I just noticed he is threatening to sue CreateSpace, An Amazon Company. HAHAHAHAHAHAHAHAHA! That’ll go well.

  12. I guess I can copy a book, just change the character names, and it’s not considered infringement?

    Hot dog! Keep your eye out for my upcoming best-seller, “Barry Cotter and Phils’ Stone” coming to Amazon soon!

  13. Bill wrote: “Now, here’s what I wrote on pages 8-9 of ‘Confessions of an Undercover Troll'”

    B-b-but Biwwy said he wasn’t the author. Now he says he is.

    He lied.

    Quick, someone hook me up to a car battery so I can be shocked at this.

  14. And somehow I think that Blob completely and totally forgot that he copied MY original material as well. I just haven’t been vocal about it nor have I pressed my rights in regards to that book. If they decide for whatever reason to not go with WJJ’s claim, there is ALWAYS mine to fall back upon.

    Just sayin’.

  15. Know what’s FUN?

    Reading the CreateSpace member agreement to which Blob had to agree in order to sell his crap through their site, and realizing that it gives CreateSpace unilateral rights to delist his content and giving him no legal recourse against their decision.

    Ha. HA. And [redacted in deference to our Gentle Host’s sensibilities] HA!

    • Gee, his master plan hasn’t unfolded the way he’d hoped, and his pals are snickering in their sock accounts, using nicknames for him that won’t turn up when he does routine searches for his name. Nice friends.

  16. From Update 2:

    OTOH, he’ll have to sue them in Seattle, and the weather is nicer there in the winter that it is in Milwaukee.

    It’s worse than that (for him). Can you say “binding arbitration,” kids?

      • That Sam Clemens quote “The coldest winter I ever spent was a summer in San Francisco”? He wrote it while in Seattle on his way to Frisco and somehow the location became attributed to San Fran.

  17. So, he’s going to sue Amazon. That will go well.

    And as usual, he shows less understanding of Copyright law than a slug, since you don’t have to have filed with the copyright office to state a claim. You just can’t sue for statutory damages. You can sue to have the material used without your permission removed and for any monies the idiot thief may have earned from the sale of an item using your material.

    Bill Schmalfeldt has proven himself a liar and a perjurer multiple times over in just the last week or two. I’d say that the odds are good that he will manage to prove in short order that his reading comprehension isn’t even as good as a drunk squirrel’s, and that he has less common sense than God gave marshmallows.

  18. It looks to me like Billy Boy wants to be like his Excellent Friend and earn himself Perjury conviction. Too many conflicting stories to keep straight now.

    Maybe he thinks medical care in the Graybar Hotel will be better than he can get on the outside…

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