Team Kimberlin Post of the Day

This was the Cabin Boy’s™ take on copyright infringement a couple of weeks before I sued him for breaching the Settlement Agreement in the 2014 Hoge v. Schmalfeldt copyright lawsuit.Heh.

T-minus 5 days and counting—in more ways than one.

UPDATE—Tweets & Logins

2017 AUG 16 04:05:14 UTC Home Page
2017 AUG 16 04:10:23 UTC Home Page
2017 AUG 16 04:16:16 UTC Home Page
2017 AUG 16 04:17:18 UTC Home Page
2017 AUG 16 04:22:27 UTC 2014/09
2017 AUG 16 04:22:55 UTC 2014/09/page/2
2017 AUG 16 04:36:09 UTC search=prevarication+du+jour
2017 AUG 16 04:36:16 UTC search=prevarication+du+jour/page/2
2017 AUG 16 04:36:26 UTC search=prevarication+du+jour/page/3
2017 AUG 16 04:39:20 UTC search=prevarication+du+jour/page/2
2017 AUG 16 05:14:34 UTC Home Page

So two minutes after the first part of this post went up, the Cabin Boy™ took a look at Hogewash!, and then he tweeted that he wasn’t aware of what I intend to share this morning. And then he started searching “prevarication+du+jour.”

UPDATE 2—Everything is proceeding as I have foreseen.

81 thoughts on “Team Kimberlin Post of the Day

  1. Ah, Biwwy. He doesn’t disappoint. I mean, unless you actual expect him to accomplish something. Then he only disappoints. But at being a Fail Whale dumbf5ck asshat who f5cks himself in court? Yeah, he doesn’t disappoint there.

  2. Lessee here… at $150K a pop for each of the 400+ Billy Sez posters The Oaf walked away from over sixty million dollars when he submitted that “with prejudice” order. Yeah, I know, in Pretendyland. But

  3. The lawyer he’s supposedly quoting — that’s the charity lawyer Illinois paid for, isn’t it? The one who dismissed the case?

  4. Nothing in the twitter TOS says anything about screengrabbing tweets. They have in fact stated that any guidelines they present about screenshotting tweets only apply to the use of tweets in endorsements or similar by commercial operations, without the permission of the user. Using screenshots in reportage or blogs – where the content of the tweet itself is being relayed as part of a story and not used as an endorsement of a product or position taken by the blog/reporter/whatever – is entirely and explicitly allowed.

    • All the Twitter TOS says that might be relevant is that you can’t strip the picture out of the tweet and then use only the picture. You have to keep the picture and the tweet together. You could do that by embedding the tweet instead of using a screenshot, but you don’t have to.

    • I wonder if Twitter knows that Twitchy has brought in millions of dollars of revenue by having their entire site built around “cutting and pasting… tweets” for all of the multiple years it has been up and running?

  5. That is a downright strange position, queer even, from Bill Schmalfeldt, given that just the other day he downloaded a copy of a video I posted to youtube years ago, and then edited it to claim that I was an animal abuser. Copyright theft AND defamation.

    • Gosh! I wonder what that will do to come back around on him. Seems to me it’s a version of “dog bites man.” Just not the one that he thought it would be. As always.

  6. Actually, I *did* end up “laughing it up” at the LOLSuit Bill filed that time. It was dismissed. Like all the other ones. Because he can’t get things right. Ever.

  7. It feels pedantic to point out that the “Fair Use” doctrine broadly exempts non-commercial usage of otherwise copyrightable material. In general, use of material for purposes of criticism, comment, news reporting, teaching, scholarship, and research is probably exempt from copyright law.

      • heh, I strongly suspect you knew the answer before posing the question. But just for the record,the three areas you named are covered by tort law, and threatening and extortion are also covered by criminal law. Copyright law is not applicable to any of them. (ie, irrelevant)

        I suppose it’s a pet peeve of mine, to see people on the internet (people like Bill, mainly) howl about copyright law. The purpose of copyright law is to keep someone from commercially profiting from someone else’s work. If the person who’s using the material in question is NOT doing it as part of a money making commercial venture, then copyright law usually isn’t going to apply.

        A useful way of looking at the issue is that 1st Amendment Freedom of Speech issues trump copyright law as long as the use of the material in question is personal and limited. (ie, intended only for friends and acquaintances) Copyright law trumps First Amendment issues as soon as the use become commercial, with an eye to turning a profit.

        P.S. sometimes copyright law is confused with trademark law, but those two are not the same.

  8. Skipping right to comment…

    “I DO know that [Hoge] has violated the Twitter TOS by cutting and pasting my tweets…”

    So you are authenticating the account “Cheddar Injection” as yours so all the malicious, libel tweets that have been archived are yours?


  9. Gosh, I sure do hope there aren’t any tweets that are EVEN MORE DAMNING in that @hotcheeseshot Twitter archive…

    now that DUMBFUCK has so helpfully authenticated the account and all its tweets as his…

    Thanks, DUMBFUCK!

    • Now he’s claiming with respect to what Twitter TOS is or is not, “I’ll show you on Monday!!”

      It’s like he thinks he’s going to Twitter TOS Court. Or that the Judge in this case is going to give two flips over what Twitter policy is, or is not.

      It’s reminds of the tales of him bringing a hundred and eleventy (or whatever it was) pages of blog page printouts to his last R. O. hearing, and then being “outraged” that the Judge in that case wouldn’t even bother to look at them.

      The word for the day is IRRELEVANT, Bill. IRRELEVANT.

      • Another word he doesn’t understand. Don’t know how I missed it. Oh. Right. It was in that huge pile of words he doesn’t understand.

  10. This guy is really a dummy: FDR sent Jews back to Europe when they sought refuge from Hitler, and interned tens of thousands of Americans in camps. A racist and a Jew hater.

    • It also confirms my previous suspicion that he’s an unemployed loser living on welfare. “Yeah, it’s totally OK that the guy was a racist and an anti-Semite, just as long as I get my check!”

      Tear down and rename anything honoring FDR, racist, who developed the atomic bomb.

      • He sure does. He’s alt-left. Antifa and/or BLM beat old men in the street, shoot cops, and attack women and children. It’s all on video.

        I think he should get a job.

        • staunchly espouse uprooting conservativeism

          @turkresisting is trying so hard to sound intelligent, and then misspells a word. HAHAHAHA! All zhe had to say was “I want conservatives out of government.” What a loser!

          • So far, my theory is that this is an unemployed man-child who plays video games all day, and tries to sound well-read.

  11. If Dumbfuck is correct about his Twitter / TOS assumptions, then Twitchy would cease to exist. There’s a reason why Dumbfuck hasn’t cited any clauses even though he claims he can prove it.

    This is from the TOS:
    “This license authorizes us to make your Content available to the rest of the world and to let others do the same.” There’s a reason why AND is in there. Translation: Twitter also allows other people to take your content and make it available to the rest of the world. Which is exactly what Twitchy does.

    But Dumbfuck is reading the track marks of his rolled feces on top of a printout that he printed out from Twitter’s TOS.

    • There are also lots of apps out there that allow you to capture tweets and save just the text of them. Is he saying that all of those app makers are in violation of Twitter’s TOS? Whatta maroon!

    • Heh! Here is the statement of the Orthodox Church and it has force of law in all nations: “We renounce, censure and condemn racism, that is racial discrimination, ethnic feuds, hatreds and dissensions within the Church of Christ, as contrary to the teaching of the Gospel and the holy canons of our blessed fathers which “support the holy Church and the entire Christian world, embellish it and lead it to divine godliness.” – Synod of Constantinople of 1872

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