Team Kimberlin Post of the Day

BStweets20151212The Cabin Boy™ is once again trying to get this blog (and some others) shut down. Or I should say that he’s tweeting away as if he is. I have no idea whether or not he’s contacted WordPress directly. However, I can say that I haven’t heard anything from WordPress about any complaints.

Schmalfeldt seems to think that he has an absolute right to control the use of his name and image. He doesn’t. Because of Twitter’s ToS, posting anything there grants permission to republish. Thus, the image at the left does not infringe any copyrights. That applies to anything, texts or images, he’s published there.

As for his name, using his name to identify him when referring to remarks he has published in a public forum (such as Twitter, YouTube, or a blog or Internet radio program addressed to the public) is not a violation of his privacy rights. Oh, and look—BS_DBR—he’s published it on Twitter. Say, wouldn’t that mean …

movie popcornThe Cabin Boy™ is running off the rails. Call it a Feldtdown or whatever you wish, but he seems to be spiraling into another misadventure in the courts. That would be most unwise for him, but he’s not known for his wisdom.

Murum aries attigit.

Click on the image above to order more popcorn from Amazon.

ADDENDUM—After I had finished drafting this post, I was made aware of these tweets over on the Derp Brain Radio Twitter account—dbrtweets20151213The Cabin Boy™ is welcome to post all that information about me if he wishes, but that would be redundant with the information found on the DMCA Contact page of this blog.

However, before he posts such information relating to other people, he might want to consider how those persons might react and what steps they might take in response to such actions.

Oh, and it he’s thinking of suing me again, he should consider what happened the last four times he tried to bring claims or counterclaims against me. Does he really want to make it 0 for 5?

I almost forgot. Family. Photos.familyThe Cabin Boy™ should recognize each of these photo because he has stolen each of them to incorporate in his own work.

23 thoughts on “Team Kimberlin Post of the Day

  1. It’s almost starting to seem that an “Everyone Blog About Bill Schmalfeldt Day” might be in order.

    Why should only three blogs have all the fun?

  2. “You don’t list where you work, and you’d better hope I never find out.”

    — William Smellfart, Twitter Attorney at Law, collector of multiple court orders from multiple states for harassment and stalking.

  3. It just “seems” that every time the little diddler isn’t doing well in court that BS turns the crazy up about 50 notches… Coincidence maybe? Heh

  4. Pingback: The Opposite of Wisdom | Dave Alexander & Company — Ukuleledave and David Edgren

  5. I think our host is being over broad on his interpretation of what can be done with Twitter content. For those interested here are the TOS section from Twitter on Rights

    “5. Your Rights
    You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

    Tip: This license is you authorizing us to make your Tweets on the Twitter Services available to the rest of the world and to let others do the same.

    You agree that this license includes the right for Twitter to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Twitter for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

    Tip: Twitter has an evolving set of rules for how ecosystem partners can interact with your Content on the Twitter Services. These rules exist to enable an open ecosystem with your rights in mind. But what’s yours is yours – you own your Content (and your photos are part of that Content).

    Such additional uses by Twitter, or other companies, organizations or individuals who partner with Twitter, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

    We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

    You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Twitter will not be responsible or liable for any use of your Content by Twitter in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.”

    A Tweet does give Twitter and its Partners a lot of rights to use your posted content but it is not a general release to let anyone use the content for any reason. I am not a lawyer, so may be interpreting this wrong but the key seems to be the rights are given to Twitter and its Partners (generally people who write third party Twitter applications) not everyone. Reposting Tweets in other media and commenting on them would fall under Fair Use in most cases, if I understand that concept correctly. I will not comment on Commercial Use of images more than to say, that has a more narrow meaning in Copyright law than a person receiving compensation for use.

  6. A rather long treatise to say nothing. Twitter does not protect against Butthurt. If you release something, it may live on forever. Such is the nature of the Internet. You play, you pay!

  7. You have no juice, Shakes. None.
    Every time you start believing that you do, you end up stepping on your crank.

    It is time that you went away. Forever. Before you get hurt by means with which you cannot recover.

      • No threat from me. Inspector Jiggles never has and never will be able to lay a finger on me or any aspect of my life. Hell, he will never be able to find me.

        But hopefully one of his victims will reach a point and will no longer allow him his free reign of abuse and will end him, I mean it.

        Not only will that solve the problem, it will be fun.

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