D-M-C-A


It’s not a parody of an old Village People song. It’s the Digital Millennium Copyright Act, and section 512 is the bit of law that is used and misused to deal with copyright infringement on the Internet. This blog has been subjected to several false DMCA takedown notices from Bill Schmalfeldt. He is now engaging in similar activity against a blog called BillySez.

The image in question is a picture of the Cabin Boy™ taken while he was recovering from surgery. Because he did not take the picture himself, he did not create the work. It also does not appear that it was a work-for-hire or that he purchased the copyright from the photographer. Thus, there is reason to suspect the basis of his copyright claim. Further, he sued over an alleged infringement of his supposed copyright to the image and dismissed his own suit with prejudice, thereby waiving any claim against the defendant’s rights to the image, and the defendant has placed all of his uses of the image in the public domain.

popcorn4bkI have no idea how his current target will react, but I won’t be surprised to see his current shenanigans met with counter notices which will result in the images he has taken down being restored after a few days. The DMCA allows someone who has been subject to a false takedown notice to sue. Considering that the Cabin Boy has already instigated a federal LOLsuit against the target of his current mischief, there’s a real possibility of a counterclaim. It’s almost as if he’s trying to provoke a response.

Stupid is as stupid does.

42 thoughts on “D-M-C-A

  1. Bill’s problem is the despite a mountain of evidence to the contrary he things he’s smart. I guess if having his ass handed to him on a platter during the first 5 lawsuits (and 9 restraining orders) doesn’t convince him of that fact nothing will.

  2. So he’s filing a false DMCA against a person he believes he is suing and who he believes has a no stalking/no contact order in place against him?

    This should end well.

    Remember kids, the best defense is a good offense, unless you are a moron.

  3. So. Let me get this straight. The Cabin Boy™ thinks he can pull down *altered* images of the one he claims he copyrighted. That he could have already sued about under a previous lawsuit. That he DISMISSED WITH PREJUDICE. And he thinks he can make them go away.

    Yeah. Let me know how that works out for him.

  4. People used it on XmFan in a similar fashion in 2007/8 when he first published it making fun of himself, in fact the first caption used by someone other than Bill was

    “the Bad news, they grow back”

  5. Even in a best case scenario for DumbEff, he’d end up in a never-ending game of whack-a-mole, as copies of the image in question pop up EVERYWHERE. Streisand Effect, anyone?

  6. May I point out the utter hypocrisy of using someone’s copyrighted image (unchanged, & unattributed) as YOUR HEADER on Twitter, AS you complain about someone else using a Fair Use transformative version of a picture who’s supposed “copyright violations” were DISMISSED WITH PREJUDICE only last year?

    SMDH

    mind you that person’s hypocrisy is easy to point out when you consider he wasn’t bothered about stealing other people’s images and using them without permission multiple times in just the past few years alone.

      • Unclean hands? Probably shouldn’t roll up balls of poop.

        On Thu, Feb 18, 2016 at 1:40 PM, hogewash wrote:

        > This Other Latin F*cker commented: “In books he is hawking for sale even. > What’s the phrase I’m looking for? Unclean hands.” >

      • If Billy wants to play DMCA, then let’s play. It’s not enough to point out Billy’s double-standards; he must be impaled on them. When Billy violates copyright, the holder of said copyright must file the appropriate DMCA takedown order. Every time.

  7. Funny how he didn’t think anything of taking other people’s stuff from online and using it commercially because, he told us, if anyone puts their stuff online they are putting it into public domain.

    • His debilitating condition that he’s said in sworn court filings prevents him from travelling must have gotten better.

      And since we’re in Lent., it’s only appropriate that Ely is risen!

      • Oh, interesting point. He’s demanding people destroy evidence against them in his existing suit, or be sued. Clearly they cannot remove the pics, because that would be spoliation.

        I’m pretty sure there’s no penalty for abiding by your responsibility to preserve evidence.

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