Of course, the principal response to Team Kimberlin’s various forays into lawfare has been to aggressively defend against their LOLsuits and other bogus legal filings. However, it has also been important to put the members of Team Kimberlin in their places through the use of derision. This Prevarication Du Jour post from four years ago today is an example of such pointage, laughery, and mockification.
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I see that the Cabin Boy™ says that he’s filed another DMCA complaint. This one is against TMZ for posting a link to one of his podcasts.As usual, it’s a false one. If one looks at the html code for the TMZ post, one does not find any of the audio for the podcast. Instead, one finds an embedded link to YouTube.Of course, YouTube’s Terms of Service permit such linking, so by posting his podcast to YouTube the Cabin Boy™ granted blanket permission for TMZ or any other website to link to his podcast.
The Cabin Boy may wish to meditate upon the meaning of these words:
(f) Misrepresentations. – Any person who knowingly materially misrepresents under this section —
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
—17 U.S.C. § 512(f)
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Indeed, the Cabin Boy’s™ carelessness for copyright resulted on his being on there receiving of a DMCA notice that took down the Breitbart Unmasked Bunny Bill Boy Unread website and forced it on to an off-shore server to avoid giving up the ownership information necessary to file a DMCA counterclaim.
Karma’s a bitch, and she keeps leaving her puppies on the Cabin Boy’s doorstep.