DMCA LULZ Du Jour


I received this email from WordPress yesterday afternoon—

IIRC, all of the images that the Cabin Boy™ bitches about in his DMCA notice were published on Twitter. That gives other Twitter users a royalty-free license to republish them. Now, I don’t know whether all of the commenters involved have Twitter accounts, but even use by someone who isn’t a Twitter user or use of an image not published on Twitter would probably be covered by Fair Use as noted in Twitter’s email.

BTW, it was a righteous DMCA notice concerning an image that the Cabin Boy™ foolishly used that forced Breitbart Unmasked Bunny Billy Boy Unread to flee to an off-shore server.

Failing failures gotta fail.

101 thoughts on “DMCA LULZ Du Jour

  1. And WordPress charges by the hour to do subpoena work. Not that a judge or wordpress would allow such a subpoena, as you can see WP’s correct understanding of fair use and criticism … but Schmalfeldt law is a magical kingdom where you can get property like Monopoly because butthurt.

  2. Wait a minute here, the dumb s$%t used someone else’s email to submit a DMCA.
    truthatory @ outlook.com

    • Microsoft doesn’t know he signed up for several new outlook emails. It’s just like twitter doesn’t recognize that he has been suspended before.
      It’s just another illegality that Cabin Boy™ has committed. He does so many daily that he probably doesn’t even realize he’s doing so.

  3. Oh Billy,

    If you could comprehend legaleze, you could easily get one of your many failed complaints past jurisdictional issues. The concept is not that hard. You’re always running your mouth about how horrible Aaron and John Hoge are at legal matters, and yet, Aaron got your Wisconsin failure dismissed rather easily, and John Hoge is heading to trial.

    Your interpretation of Twitter’s TOS is absolutely hilarious. Just admit it: You don’t have a clue what you’re talking about. Why do you insist on being the internet clown of the moment?

  4. Apropos of nothing in John’s post but just because-

    Oh. And also- Part One is at https://billysez.wordpress.com/2017/06/09/oh-goodie/#comments

    Makes more sense if you read that first.

    So. Without further ado-

    27 miles out. ‘My gal, Hil’ is a B-17 bomber shot up and trailing smoke. One engine out and feathered. Left wing is down. Oil streams from 3 of 4 engines and fuel from the wings-

    Out of hope, out of ideas, out of brains but not out of altitude and it continues to fly. Like a flatworm that can’t feel pain. Or repeated beatings- ‘My gal, Hil’ presses on. William Schmalfeldt commanding.

    Controls are sluggish but the bomber still flies. “Macintosh,” Captain Schmalfeldt roars, “SITREP!”

    “Brett Kimberlin has been picked up by Rachel Maddow in a CNN helicopter. He lives to appeal, yet again, another day. But the wheels of justice continue to grind. Finely. Neal and Fifi have both bailed out also. They’re being picked up, as we speak, by Keith Olbermann on a golf course. Fifi will live. Neal will be on the run shortly. Again. Number 4 engine is out. Number 2 engine is running hot. Multiple holes in the fuselage. We’re streaming fuel and oil. Control linkage to the left elevator is severed by laser fire but backup cabling survives. For now. 23 miles to the White House. A single Tie fighter, and one that’s not in the normal configuration, is in pursuit. Formerly registered to D. Vader; no last known address.”

    Aforementioned fighter roars by Boeings pride, the ‘My gal, Hil’. Captain Bill looks to his left and sees…. JOHN HOGE!!!! In the other cockpit. The Tie fighter pulls upward in to a loop. Split-S at the top, reverse direction and…

    Macintosh says, “Analysis indicates Hoges fighter is fired out on all laser banks. He has no more ammo.”

    His Flying Fortress is wounded but still flying. Hoge is shot out. Nothing between the B-17 and the White House. ‘Life is good’ Bill says to himself.

    The White House is ahead in the distance. Airspeed good but ragged, oil pressure falling and temps rising in number 2 engine. “We can hold over the next 3 minutes or so and then the White House and all in it are toast” Bill says to Bunny Boy. Who has a glazed look in his eyes. No matter. Proximity and airspeed will take care of the rest.

    Bill looks up from his instruments. A black fighter looms increasingly large in the B-17s windshield. “WTF is Hoge doing?”

    As the two aircraft cross left-to-right , Hoge’s canopy lowers and a light-saber comes flying out. Schmalfeldts’ eyes widen but he can make no move otherwise.

    The light saber crashes through the B-17s windshield like it’s tissue, grazes Bill’s right arm and then proceeds to pin Bunny Boy through his seat like a butterly on a pin. Hoges’ fighter pulls up in to another loop but Bill knows John doesn’t have enough time for another pass. The White House is his.

    ‘Macintosh SITREP!”

    “4 miles out. Number 4 engine is out. Number 2 engine is out. Number 3 engine is running hot and will fail in 9 seconds. Kimberlin, Rauhauser and Fifi are off ship. Bunny Boy wounded; critically. Captain is wounded but vital signs are ‘fair’. Well, as fair as they can be for somebody in your condition, Fat Bastard. Five people standing on the White House roof. Blond chick, looks like Ivanka, on right has just fired a Stinger missile.”

    “People on the roof? Missile! WHAT!!!”

    Number one engine explodes catastrophically. Macintosh says, “Number one engine is gone. Recommend 20 degrees flaps to extend our glide to the White House given reduced airspeed.”

    Bill lowers the flaps to 20. Looking straight forward he sees a person in dark blue suit standing on the White House roof. “Macintosh, analyze visual straight ahead!” Is THIS to much to hope for?

    Macintosh responds, “Person in the middle is Donald J. Trump. To his left is Jared Kushner who is firing a M-4 which has taken out our starboard control lines. To Jared’s left is James Mattis who is throwing bayonets at us. He’s thrown 4 and has impacted 7 of our control surfaces negatively. We’re going down.”

    “What’s that in Trumps’ hand? I can’t see from here without my glasses.”

    “President Trump is holding, and firing, a Wilson Combat XDC X9 1911 pistol at us head on. Human female next to him evaluated as Melania Trump, wearing a exquisite Le Chiffre little black dress and is handing him reloaded magazines. Sir, we are taking damage. Do not underestimate the impact of a .45 caliber round.” The windscreen on the front of the B-17 starts sustaining multiple hits. One after another. And then another. And another. The airplanes windscreen starts to give as God and John Moses Browning intended all along. Total screen failure is imminent.

    ‘Doesn’t get any better than this’ Bill says to himself. “RAMMING SPEED! TODAY IS A GOOD DAY TO DIE! SAVE THE REPUBLIC! ALL HAIL SOROS!!! And Governor Moonbeam TOO!!!”

    Three-quarters mile to the White House. We’re on rails. The President continues to fire. Melania tosses him yet another magazine. Physics of mass, glide path and airspeed work inexorably together. But-

    Bill looks up and sees the entire area behind the White House shimmer. Why… It’s the UNSS Che Guevara! Remember the whale-hunting boat scene in Star Trek IV: The Voyage Home? Yes! JUST LIKE THAT!

    Did you say Star Trek?

    No. NO. We did NOT. Focus w; focus like a laser and finish this thing!

    Frack.

    The Che materializes. Bill looks down at his hanging right arm and sees it sparkle. He knows transporter effect when he sees it.

    “NOOOOOOOOO!!!!!!!” I was SO close. HOOOOOOOOOOOGE!!!!”

    ‘My gal, Hil’ dematerializes. The entire B-17 disappears mid-flight. United Nations Starship Che cloaks. And disappears.

    The White House remains intact. Melania tosses and Donald J. slams the last magazine home. He lowers his smoking pistol and looks out across the lawn and over a great nation.

    Truth, justice, lasers, IR missiles, hollow points and good men and women have prevailed. Yet again.

    For now. Meanwhile, the Deep State, media companies, people ignorant of history and well meaning but misguided children stir anew.

    The saga continues.

  5. Signing the notice by merely appending the text:

    Digital signature: William M. Schmalfeldt
    Signed on: 2017-06-06 04:02:01

    is not a strong way of authenticating the writer… for example, one
    could substitute “The Tooth Fairy” for Bill’s name, and there is no
    strong checksum/hash/digital signature like OpenGP or PGP that
    would link the email message to a real person in the real world;
    this means that, if the substitution was made between the sender’s
    machine and the recipient’s, the recipient would simply have to take
    the text at face value, and thus treat it with some caution.

    How about getting up to speed on the software and standards needed
    for authentication, e.g.:

    https://en.wikipedia.org/wiki/Pretty_Good_Privacy

    Quoting (fair use+Creative Commons) one section from that page:

    Digital signatures

    PGP supports message authentication and integrity checking. The latter
    is used to detect whether a message has been altered since it was
    completed (the message integrity property) and the former to
    determine whether it was actually sent by the person or entity claimed
    to be the sender (a digital signature). Because the content is encrypted,
    any changes in the message will result in failure of the decryption with
    the appropriate key. The sender uses PGP to create a digital signature
    for the message with either the RSA or DSA algorithms. To do so, PGP
    computes a hash (also called a message digest) from the plaintext and
    then creates the digital signature from that hash using the sender’s
    private key.

    We’ll call signing the “third step” in the process, because we’ve missed two
    other steps in the process. The second step is:

    “If I receive a signed document from someone, and there’s a public
    verification signature block available that I can access, what trust do I
    have that the public signature block is actually tied to the person?”

    Look up “PGP key signature”, “web of trust”, and “key signing parties”
    for more on this second step.

    And finally, the first step:

    Q. How do I create a really strong PGP key, including using a
    trusted random number generator, on a device that no-one else can
    access/eavesdrop in any way, shape or form?

    Ans: Look to the various resources and program documentation on
    how to so this. A short, or even medium-length simple password is
    simply not strong enough to be endurin, and so look resources such as
    Diceware to come up with “passphrases”, not “passwords”, that, used
    carefully, have much, much more entropy (effectively, strength against
    being broken) than someting that you compose by other means.

    https://enworld.std.com/~reinhold/diceware.html

    You can get plug-ins for all major email applications, that allow these
    programs to sign outgoing messages, and to authenticate incoming
    messages.

    All of the above doesn’t mean that you’ll be completely safe — a
    formerly-trustworthy associate may, for unrelated reasons, become
    less trustworthy, and there are mechanisms for revoking people
    from your keyring. But at least it’s better than Twitter or unsigned
    email.

    [Apologies for any errors/omissions/typos in the above… I’m only
    on my second coffee for the day… Also, DO NOT take my word as
    being definitive; look to research the topic for yourself, and analyse
    the situation by reading up on multiple resources.]

  6. Using someone else’s work for the purposes of critique, parody, satire, or commentary is covered under fair use.

    So, William “stolen valor.Parkinson’s faker” Shmalfeldt, pound sand.

    Oh, and that bus your pedo master is throwing you under based on our gentle host’s previous blog entry regarding hostnames is really picking up speed. But hey, if you want to be left holding the bag after what you’ve done over the last few years who am I to stop you?

  7. Attached is a link to a legal discussion of tweets and images.

    http://www.guidethroughthelegaljungleblog.com/2014/07/copyright-protection-for-internet-content-part-three-are-tweets-copyright-protected.html

    Based on this article it appears that the use of tweets and images in them is covered under the license agreement with Twitter if the image is re-tweeted or used as an embedded image, but not if it is cut and pasted.

    “Caveat about Visual Images. The permission from Twitter allows you to display any visual images included in the tweet as part of your re-use of the entire tweet. It does not allow you to strip visual images out of the tweet and use those visual images independently of the tweet. The Washington Post, Agence France and Getty Images learned this lesson the hard way when they were sued and lost a copyright infringement lawsuit for publishing and distributing photos of the Haitian earthquake uploaded to Twitter by Photojournalist Daniel Morel 2013.”

    Of course besides the contractual rights under the Twitter license normal fair use would also apply to commenters on this site.

    • case law says tweets are public pronouncements as in the public square and cannot have copyright protection

      • Schmalfeldt and Mix can’t seem to understand what public pronouncements in the public square really means. Right now #TheVeroBeachCrubylly is crying in his bytes how he is such a victim. Funny how he was happy when anon coward pretended to really stalk me and come into to my hometown to expose me by talking to people, law enforcement, my diocese and groups who knew me. Mix said he was find with the real life stalking of me. I can’t make up this level of stupid.

          • So is Thomas A Mix the #VeroBeachCrybully!
            Strange how neither Schmalfeldt Nor the #VeroBeachCrybully understand the Streisand effect. No one would have paid Mix nor Schmalfeldt any attention all if they hadn’t started attacking us

    • 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). This license authorizes us to make your Content 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 for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Twitter, or other companies, organizations or individuals, 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.

      —from the Twitter User Agreement (emphasis added).

    • That caveat isn’t about embedding versus screenshots. It’s about stripping the picture out of the tweet and then using only the picture.

      You can use the picture whether embedded or screen-shot so long as you use it as part of the entire tweet.

      But as tsrblke notes, this is over 3 years old and might not still be relevant today.

  8. Why do I get a feeling that the conversations behind Bill’s back have gone something like this the past few years?
    “Hey, I bet we can get Bill to go after Hoge for calling him a clown”.
    “What? No way”
    “Hold my beer”

    “Hey, I bet we can get Bill to start harassing random people on the internet”
    “What? No way”
    “Hold my beer”

    “Hey, I bet we can get Bill to file a really stupid lawsuit he has no chance of winning”
    “What? No way”
    “Hold my beer”

    I’m sure you can all fill in the rest.

  9. the Scat in the Hat said to his spotted fat sow
    we’re going to be rich
    I’ll show you how
    Filing a takedown
    will vexing him teehee
    but a different results
    was a gush of fear pee

    • Otto wins

      the Scat in the Hat said to his spotted fat sow
      we’re going to be rich
      I’ll show you how
      Filing a takedown
      will vexi him teehee
      but a different result
      was a gush of fear pee

  10. It’s odd to me that WordPress didn’t immediately take down the material and then sort things out later. Isn’t that usually how companies handle this sort of thing? Or is it possible that BS is flagged in their system in a way that gave them a heads up?

  11. You can always tell when Cabin Boy is working on another offering to the court.

    His twitter feed is quiet.

  12. Why, it’s almost as if someone expected such a lame attempt and took steps in advance. Nah. That could never happen.

  13. Good Lord Bill, man the fuck up! The little girl up the street fell off her bike last weekend and broke an arm and she doesn’t whine half as much as you. Have at least a little self respect and quit being such a pansy.

  14. IANAL

    However,

    I suspect that the Plain Ole Barefoot Farmboy translation is:

    “You post it, we own it.

    You don’t get to sue anybody about that content.

    We can sue anybody we want to about that content.

    So there.”
    – Twitter

    Which is in accord with the attitude and policies of most megacorporations.

  15. So you didn’t hear how Ms. Cuasey fought back and got a restraining order against you…errr…I mean Bill after he photohopped on on a giant cactus penis for the simple sin of being someone he THOUGHT was married to someone he didn’t like?

    Didn’t you hear about how Sarah fought back and kicked his ass in court and got a restraining order against him AND had his lawsuit against her dismissed?

    Didn’t you hear about how librarygryffon fought back and had Bill running with his skirt hiked up?

    Oh, and let’s not forget sweet Dianna. She fought back so hard Bill pissed himself and dropped her from his lawsuit so fast it set a court house record.

    So you can shut the fuck up about how we don’t think woman aren’t supposed to fight back cause your “man” got his ass whipped multiple times by some fierce woman. But they have the advantage of not being stupid losers so they have that going for them. Oh, and they aren’t inflatable figments of someone’s imagination either.

    • I, for one, am descended from, and married into, long lines of “wimmen” who fight back.

      You, OTOH, seem to have given up, some years back, based on your current appearance and situation.

      Being in a relationship with my Cousin is no place for any self-respecting woman.

      So F-O with your projection, misogynist libtard.

      • Well, she is talking about “wimmins”.

        Women can take care of themselves and hang out with strong men. “Wimmin” hang out with losers like the adulterous Unca Biwwy.

    • Yeah, we’ve been watching old DUMBF*CK trying to crap on women and them turning around and stomping his fat ass into a mudhole for years now. Try again, Rauhauser.

    • “Da wimmens ain’t supposed to fight back” ?

      1) OK now I’m back on the sock side. The pluralisation of a word that is already plural, the ain’t contraction, the Da fo r the… Its clearly a failed attempt at ebonics something William “I steal valor and fake Parkinson’s” Shmalfeldt has done before both online and in a broadcast IIRC.

      2) your perception of women in society is so far up the libtard misconception that its still the 19th century that it borders on cliché.

      3) I reiterate: June 28th can’t get here fast enough. My money is that you’ll hide like a pussy because your pedo master has assured you it will all be fine. LOL…

    • Wait. Is it that Bill has sued everyone or has he gone out of his way to attack the women here? Because that list seems disproportionate to me.

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