When Brett Kimberlin sued Kimberlin Unmasked for copyright infringement, he claimed that images from music videos were being used without permission. The TKPOTD for seven years ago today pointed out a basic flaw in his LOLsuit.
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This paragraph is from The Dread Pro-Se Kimberlin’s complaint in the Kimberlin v. Kimberlinunmasked copyright trolling lawsuit.And therein lies a fatal problem for TDPK’s lawsuit. Federal Rule of Civil Procedure 8(a)(2) requires that someone filing a pleading with a court provide
a short and plain statement of the claim showing that the pleader is entitled to relief[.]
Because TDPK never identifies which videos are his and which are JTMP’s he doesn’t show that he is entitled to relief. For all the court knows, all of the allegedly infringed videos belong to JTMP, and TDPK cannot sue on the organization’s behalf. JTMP would have to sue in its own right, and it would have to be represented by a lawyer instead of TDPK.
More fundamentally, TDPK never identifies which videos the allegedly infringing images were taken from. In effect, he’s saying, “Your Honor, they stole my stuff, but I can’t bother to tell you what they stole.”
If you thought the opposition to the motion for default was brutal, just wait till you see what can be put in a motion to dismiss.
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Kimberlin owns the copyrights to his songs. Have they been of any real economic value for him?