Team Kimberlin Post of the Day


Today is the sixth anniversary of the failure of the Kimberlin v. Walker, et al. nusiance LOLsuit. The Dread Deadbeat Pro-Se Kimberlin had already had five of the seven counts of his complaint thrown out at the summary judgment phase of the case. The remaining defamation and false light claims died when he failed to present any evidence that my codefendants and I has said or written anything thing about him that was false. The judge stopped the trial after Kimberlin rested his case and granted a verdict in our favor.

While the trail was being held, Bill Schmalfeldt was engaged in PR tweeting on Kimberlin’s behalf. I published this post titled The Cabin Boy™ Gets One Right For A Change early in the morning six years ago today before the second day of the trial had started.

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He pontificates thusly:rnusa201408111139ZMr. & Mrs. Stranahan, a mother in Wisconsin, a dentist in Pennsylvania, Chris Heather, Ali Akbar, Mr. & Mrs. Causey, Mr. & Mrs. Walker, Mrs. Hoge, and several others were unavailable for comment.

My comment is unprintable.

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It took several more losses before either The Dread Deadbeat Pro-Se Kimberlin or the Cabin Boy™ began to learn they were punching beyond their reach and fighting in a class well above their intellectual weight. Indeed, I am not sure they have completely grasped the full nature of their folly yet.

Team Kimberlin Post of the Day


There are days when I wonder why Brett Kimberlin would have wanted Bill Schmalfeldt as part of Team Kimberlin, unless it was simply to use him to harass his perceived enemies. The Cabin Boy™ has often been a pain in the neck (or a couple of feet lower) to deal with, and this Prevarication Du Jour from three years ago today dealt with a series of lies he tried to spread about a rather disgusting image that he probably put into wild himself.

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David Edgren has a post over at the Artisan Craft Blog dealing with a recent blog post by the Cabin Boy™ which quotes Schmalfeldt as saying that the emails he sent back in 2015 which had a now-infamous picture of his late wife attached contained “instructions” that the picture not be published.

One of those emails was sent to the Carroll County Sheriff Jim DeWees and several of his deputies. I was cced. The email to Sheriff DeWees contains no instructions regarding publication of the picture. The Gentle Reader can read that email (with the images redacted) here. The other email was sent to a law enforcement agency in Massachusetts. I haven’t seen it, but I’d bet folding money that it also lacks any prohibition on publication of the image.

Of course, I have never put that image in a blog post here at Hogewash!—it’s not in the blog’s media files to be posted—and if I found it in a comment, I would immediately delete it.

UPDATE—This just appeared in my Twitter Notifications as part of what appears to be a Feldtdown.There are quite a few other possible explanations about how that picture of Mrs. Schmalfeldt made it into the wild on the Interwebz. One obvious possibility is that the Cabin Boy™ published it himself. I’m unaware of any evidence that would prove he did, but it’s still possible. Certainly, there is no evidence that Scott Hinckley or I ever published the photo.

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Schmalfeldt published vile and crudely photoshopped pictures of other persons’ family members, but AFAIK, none of his victims ever published actual images of the Cabin Boy’s™ family.

Team Kimberlin Post of the Day


During one of his turns as editor of Breitbart Unmasked Bunny Billy Boy Unread, Matt Osborne tried to make a lame joke about my seeing myself as the Sheriff of the Internet. My response was the Blogsmoke series of posts. Stirring in Bill Schmalfeldt’s reference to the Gentle Reader of this blog as my lickspittles resulted in the creation of the Lickspittle Broadcasting System with Blognet and Yours Truly, Johnny Atsign. Today is Hogewash!‘s ninth anniversary. This anniversary Blogsmoke program is from five years ago today.

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BlogsmokeSOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET

MUSIC: UP AND UNDER—RECORDED—CUT 1

ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!

MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2

ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading

Team Kimberlin Post of the Day


It’s not that the members of Team Kimberlin have no accomplishments to their credit. For example, they’ve been the subject of several Downfall parodies. This post from seven years ago today was about Another Downfall Parody.

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Here’s what happens when you send a cabin boy to do a man’s job.

Video Credit: Thank you to whoever made it!

UPDATE—Another anonymous coward from Team Kimberlin threatens legal action.TK20130712b

I’m glad to have the heads up. I’ll check to make sure my list of interrogatories, admissions sought, and document demands for defendant’s discovery are up to date. I should probably give some thought to possible counterclaims.

UPDATE 2—Those Gentle Readers who have not been closely following the Cabin Boy Bill subplot of The Sage of The Dread Pirate Kimberlin may wish to read this post by Stacy McCain for a summary of the backstory.

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How has that brass knuckles reputation management worked out for you guys?

Team Kimberlin Post of the Day


After losing LOLsuit VIII: Avoiding Contact, Bill Schmalfeldt managed to stay out of court for around a couple of years, but has still had delusions of adequacy in 2016. This Legal LULZ Du Jour is from four years ago today.

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Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.

—Sun Tzu

MU201607092257ZJust so. The Cabin Boy™ rages on.

He schemes and plots but without any understanding of the law or the Rules of Civil Procedure or the Rules of Evidence. Indeed, if he understood the Rules of Evidence, he would know that spousal privilege would prevent calling someone’s wife to testify about communications with her husband and with what she had seen him do or not do.

He who knows when he can fight and when he cannot will be victorious.

—Sun Tzu

* * * * * *

The Cabin Boy™ has made noises about a copyright LOLsuit against his most recent former employer over a DMCA takedown of material he had posted on his latest YouTube channel.

BTW, as of 10 pm ET last night, he still only had 9 subscribers.

Team Kimberlin Post of the Day


The ostensible reason for Bill Schmalfeldt’s recent “retirement” is a flare up of his Parkinson’s disease symptoms. Many were amazed by the apparent remission he enjoyed over the past couple of years as he bounced from one broadcasting gig to another. The Cabin Boy’s™ Symptoms were the subject of this post which appeared three years ago today. It appeared at the end a long series of posts that day debunking claims he was making during LOLsuit VIII: Avoiding Contact.

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Bill Schmalfeldt may have taken my suggestion that he thoroughly search this blog for references to him as a child pornographer or as someone faking Parkinson’s disease because he logged in to Hogewash! and conducted these searched this evening—

6:51:45 pm ET search=parkinson’s
6:56:27 pm ET search=child
6:58:39 pm ET search=pornography

So, how did that work out for him? I can’t say for sure, but at 7:08 pm this evening, I received a tweet from him with a dead link to one of his old websites and a copy of one of the pornographic images he created of me that was part of the evidence supporting Judge Stansfield’s finding that the Cabin Boy™ was likely to continue to harass me and that the first peace order should be extended.

The Gentle Reader should make up his own mind about what all that means.

UPDATE—So the Cabin Boy™ thinks I’ve lied?The Cabin Boy™ says I lied about his putting my face into pornographic images, specifically, an image involving anal intercourse. He may recognize the image on the left. It was stored on his Patriot-Ombudsman website as Screen-Shot-2013-03-24-at-5.07.52-PM_clipped_rev_1-2.33.37.png. (Since it was stolen from a video by Peter Ingemi, the Cabin Boy™ has no rights to the image.) It was this image that he photoshopped on the body of a man on the receiving in of anal sex. I have the original post as he published it in the vault, but I won’t post it here because I intend to keep my end of the 2014 Settlement Agreement. Also, this isn’t a porn site, so I do not choose to have such filth on this blog. However, if the Cabin Boy™ wants the image included in a court filing, I will do that if necessary. But he may want to remember Judge Kramer’s reaction to the other homoerotic image he posted with my face photoshopped in when it was entered into evidence in Schmalfeldt v. Hoge, et al.

Murum aries attigit.

UPDATE 2—The Dreadful Pro-Se Schmalfeldt may also remember tweeting this just before he posted that homoerotic image—

UPDATE 3—I’ll take this tweet as permission to reproduce the Cabin Boy’s™ original blog post and/or the homoerotic image here at Hogewash!However, I stand by my decision not to reproduce Schmalfeldt’s filth on this blog. For now, the most I will do is show the small section of the original image at right. The area behind my face has been blurred to remove pornographic content.

If the Cabin Boy™ wants to press the issue in court, I’m willing to produce all the evidence I have.

UPDATE 4—I grabbed the tweet in UPDATE 3 out of my web browser immediately after seeing this tweet pop up in Tweet Deck—I normally save tweets as rendered by a browser because they tend to be more compact when included in a blog post. Note that the timestamp on the this tweet is 3:10 am, 9 July. My Tweet Deck program uses UTC which is +4 hours from ET. The tweet in UPDATE 3 is timestamped one minute later.

It appears that in the interval between when I noticed the new tweet in Tweet Deck and the time I opened my browser, the Cabin Boy™ deleted his original tweet and retweeted it without the words, “Post the image …”

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BTW, it appears that Schmalfeldt is no more successful building an audience on YouTube than he was trying to gin up believable claims during his LOLsuits. As of 8:30 ET yesterday evening, he hadn’t picked up any additional subscribers since last Thursday.

Good Luck With That


I ran this blog as a hobby until I retired for the first time in July, 2013. Since then, I’ve run it as a money making business with revenue streams from the Tip Jar, The Hogewash Store, and participation in the Amazon Associates program. I see that Bill Schmalfeldt has “retired” again and is trying to monetize his most recent YouTube channel.When I checked earlier this week, he had five subscribers. When I checked this morning, he had nine.If he keeps gaining subscribers at two per day, he should be able to meet YouTube’s criteria for monetization some time in 2048.Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


Now that Bill Schmalfeldt is “retired” again, I suspect that he’ll get another 30-day free trial podcast going soon. The TKPOTD from three years ago today reflected on the best moments of one of his previous efforts.

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Yesterday evening, I left the Cabin Boy’s™ Breitbit News podcast running in the background while I was doing some paperwork.

I enjoyed the dead air best.

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It will be interesting to see if he can keep his next effort alive for the full 30 days of a free trial. The pool calendar is posted in the break area.

Team Kimberlin Post of the Day


I’m informed that Bill Schmalfeldt has “retired” for the eleventy-fourth (or thereabouts) time. In fact, I’m told that he quit his recent job ahead of his scheduled retirement date because he felt he was being dissed by the management of the radio station where he worked. It seems that he posted something to the station’s Facebook page that the station management then removed.

I’m also told that the Cabin Boy™ has a channel wasting bandwidth at YouTube where he had been posting bootleg clips from his radio program and that his now former employer has had the clips removed via DMCA takedown notices. It’s been reported to me that Schmalfeldt says he’s filed counter notices, claiming that he owns the material because he wrote it. IANAL, but I’ll bet the broadcasting company will claim ownership under the work-for-hire doctrine. Unless Schmalfeldt has a written agreement specifically exempting work written for use on his program from being work-for-hire, a court might find that the material is “work prepared by an employee within the scope of his or her employment[.]” (17 USC § 101) So I’ll also bet that he’ll lose. Again.

Team Kimberlin Post of the Day


I don’t think that one could reasonably view this blog as prudish, but I do have some standards of decorum. I generally don’t allow crude, vulgar comments, but I do make exceptions when someone’s actual words are relevant to truthfully telling a story. Five years ago today, the comments on one blog post led me to respond with another post called Thanks for Making My Point for Me.

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If the Gentle Reader scrolls through the comment section for I’m Not Making This Up, You Know, he will find a large number of off-color comments, many consisting of childishly done cut-and-paste memes. They are a marvelous example of the impotence of Team Kimberlin and its inability to control the narrative. They have no facts to back their stories. They are now reduced to middle school name calling.

They are welcome to continue posting such proof of their desperation. Since most of it gets caught by moderation, they should be patient with me. I have real world commitments that can delay my responding to comments in moderation for several hours.

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One of the commenter to that second post noted

I have to say that I find Bill Schmalfeldt’s obsession with the details of the Hoges’ personal life quite odd. It doesn’t seem to have occurred to him that just because he has a horrible tendency to overshare, others don’t.

That said, there is certain information upon which the reader can infer. By his own account, Bill Schmalfeldt was repeatedly cuckolded by multiple wives. It seems that the previous Mrs Schmalfeldts weren’t getting what they needed from Mr. Schmalfeldt. The Hoges, in contrast, have been happily married for decades.

Indeed, Mrs. Hoge and I enjoyed 37 faithful years together as husband and wife. (Exactly 37, she died on our 37th anniversary.)

Team Kimberlin Post of the Day


A couple of posts from three years ago today are at one end of an interesting thread that runs to the present. One post was titled DMCA LULZ Du Jour and the other was the TKPOTD for that date. Here’s the first post.

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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.

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That day’s TKPOTD was also about that off-shore server.

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Here’s some fun factoids about the Interwebz—That’s the complete list of the web domains using xeonhosting dot net for a nameserver as of 21:30 UTC yesterday. I’ll leave it to the Gentle Reader to note anything else these domains might have in common.

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Here are the domains hosted on that off-shore server now—

breitbartunmasked dot com
empr dot media
greencasamaryland dot org

Once again, I’ll leave it to the Gentle Reader to note anything else these domains might have in common.

Team Kimberlin Post of the Day


Several years ago at the peak of Bill Schmalfeldt’s cyberstalking, it became useful to begin tracking his visits to Hogewash!, and for a while I began publishing a record of his logins to the site. He must not have liked being caught skulking about, and he began lying about how often he viewed this blog. He even got one of his buddies on Team Kimberlin to lie about being one of the “real” visitors. This post called Lying About Logins ran four years ago today.

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One of the things that seems to bother Team Kimberlin is the fact that their Internet traffic isn’t a well concealed as they had hoped. Consider this load of bullshit that arrived in the Hogewash! comment stream.MO201606040707ZI can believe that Bunny Boy has been the author of some comments sent to Hogewash!, things such as this image—

4fffe08c18be29fc7a25ee921d789533That’s about the level of maturity we’ve seen from Team Kimberlin.

However, I don’t believe that 57F Osborne has been responsible for any of the connections I’ve been tracking for the Logins feature here at Hogewash!.

Of course, I could be wrong, and here’s how he could convince me. I not only gather the IP address used by Team Kimberlin entities, I also collect other information, including the type of device connected, the OS it’s running, the version of the OS, the browser it’s running, and the version and build number of the browser. All Bunny Boy has to do to convince me that he’s responsible for one of the logins is to post a comment while he’s logged in with all of the info I’ve listed for his current connection.

Well?

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<sarc> Should I give up waiting, Matt? </sarc>

Team Kimberlin Post of the Day


Ridicule has been on of the most effective (and quite satisfying) weapons to use on Team Kimberlin. Four years ago, I poked fun at Bill Schmalfeldt with an I’m Not Making This Up, You Know post.

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PP201605262016ZPP201605262016Za

The Cabin Boy™ was trying to write something clever about politics and succeeded in showing how little he knows about The Little Corporal. Of course, it was Napoleon who was tagged with that nickname because of his supposedly short stature and a rumor that corporal was his pre-revolutionary rank. Actually, he was of average height and had been commissioned as a Second Lieutenant of Artillery in 1785. Adolph Hitler, OTOH, was referred to as The Bohemian Corporal, originally by the Paul von Hindenburg, the last German president to serve before the Nazi takeover. Hitler had served as corporal in WWI, and “Bohemian” referred to his supposed lifestyle.

#SMH. This just another example of something the Cabin Boy™ knows that isn’t so.

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This has been in many ways a battle of wits with unarmed men.

Team Kimberlin Post of the Day


When the members of Team Kimberlin have run out of ways to annoy their perceived enemies, they fall back on telling lies about them. The TKPOTD from three years ago shows one example of such a stilly lie.

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See today’s Quote of the Day.

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BTW, when Mrs. Hoge heard of Schmalfeldt’s grandiose offer, her first reaction was to chuckle. Then she said. “Tell him, ‘No thank you.'” or words to that effect. Well, to that effect, but perhaps a little stronger.

Team Kimberlin Post of the Day


I’ve mentioned from time to time that the members of Team Kimberlin are liars and not very good ones at that. The TKPOTD from three years ago today dealt with catching Bill Schmalfeldt lying about never stating under oath that he was the author of  a book in which he claimed to be the anonymous blogger Paul Krendler.

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Yesterday, I wrote about a legal document in which the Cabin Boy™ swore that he was the author of the “anonymous” book Confessions of an Undercover Internet Troll, a book which makes the claim that it is written by the anonymous blogger Paul Krendler. If the Gentle Reader would care to come to Westminster, he can pick up copies of a couple of documents from the Clerk of the Circuit Court for 50 cents per page.

This is paragraph 75 from the Compliant in the Hoge v. Kimberlin, et al. lawsuit, …… and here is Schmalfeldt’s admission to paragraph 75 from his Answer.

Bill Schmalfeldt lies so much, he can’t keep ’em all straight.

Q. E. D.

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If you tell the truth, you don’t have to remember anything.

—Mark Twain

Team Kimberlin Post of the Day


Each member of Team Kimberlin seems to have an ugly mean streak in his personality. This post titled Dislocation, Dislocation, Dislocation (a spin on an earlier post‘s title about locating Bill Schmalfeldt for service of court papers) dealt with a sick comment one of them made here at Hogewash. It ran three years ago today.

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A not-as-anonymous-as-he-thinks coward tried to leave this as a comment to my post about interesting Google Street View pictures from a couple of nights ago.This is the image linked to by the comment—Mrs. Hoge is actually buried here—

It’s been a while, probably over a month, since the last one of these childish comments. Something must really be bothering someone.

Good.

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BTW, I have a spot reserved in the Hoge Cemetery next to Mrs. Hoge.

Team Kimberlin Post of the Day


Bill Schmalfeldt got in over his head when he signed up to be one of Brett Kimberlin’s PR flacks. I’ve never figured out exactly why he followed in The Dread Pro-Se Kimberlin’s lawfare footsteps and began filing LOLsuit, but he did. I was a defendant in four of them and the lead defendant in two, LOLsuits I and IV. During the course of LOLsuit IV, Schmalfeldt got upset with me because I was interested in his communications with my codefendants, especially the anonymous blogger known as Paul Krendler. The TKPOTD for five years ago today engaged in a bit of pointage, laughery, and mockification of the Cabin Boy™.

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The Cabin Boy™ routinely sticks his nose into other people’s business, and he acts as if he believes that everyone else does the same.BotM201503282229Z

popcorn4bkThe Dreadful Pro-Se Schmalfeldt may have forgotten who he’s suing, but “Paul Krendler” is among the et al. in his Schmalfeldt v. Hoge, et al. LOLsuit2 that he’s filed in Howard County Circuit Court. That being the case, I have a interest in his communications with my codefendants. It was TDPS who made his communications with “Krendler” my business.

Stupid is as stupid does.

* * * * *

LOLsuit IV saw a Maryland state court suit. Because Schmalfeldt didn’t effect service of process on any of the out-of-state defendants, and because with me as the only remaining  defendant, proper venue for the case was in my home county Carroll County. However, he had filed in Howard County. With those facts before the court, the judge found that she lacked jurisdiction over the case and dismissed it without have to bother deciding if the Cabin Boy™ had actually stated a claim upon which relief could be granted.

Everything proceed as I had foreseen.

Team Kimberlin Post of the Day


After Bill Schmalfeldt fled Maryland after losing LOLsuits III, IV, and V in rapid succession, he spent a bit more than a year in Milwaukee where he lost LOLsuits VI. He then moved on to his hometown of Clinton, Iowa, where he was briefly employed as a disk jockey at a local FM station. That gig didn’t last long, and his failure to keep the job was the subject of some pointage, laughery, and mockification in the comments here at Hogewash!, and that, of course, prompted an outburst from the Cabin Boy™ which was chronicled in a post titled Hilarious? Hilarious How? which ran three years ago today.

* * * * *

What does he mean I’m hilarious? What does he mean, the way I talk? What? Hilarious how? What’s hilarious about it? Hilarious how? Let me understand this, because, ya’ know, maybe it’s me, but I’m hilarious how? Hilarious like a clown? I amuse him? I make him laugh? I’m here to amuse him? Hilarious how? How am I hilarious? What’s so hilarious about me? What’s hilarious?

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Actually, what’s hilarious is the Cabin Boy’s™ poor reading comprehension. I haven’t written anything here at Hogewash! about his being fired from his most recent job, but I will now note that he no longer seems be working an afternoon announcing gig at KMCN. OTOH, the Cabin Boy™ has plenty of experience never being impeded by not knowing what he’s talking about.

Failing failures gotta fail.

* * * * *

That post parodied a scene from Goodfellas, a movie containing a putdown line that Schmalfeldt often used. Given the number of jobs that have slipped through the Cabin Boy’s™ fingers over the past three years, something like a shoe shine box might be a reasonable investment for him as a way to pickup a bit of cash.

For the moment, he’s employed again. There are still some dates left on the calendar in the break area.

Team Kimberlin Post of the Day


Sometimes, simple, even primitive, methods are useful when dealing with matters related to Team Kimberlin. Consider the example from this Prevarication Du Jour from five years ago today relating to protecting Paul Krendler’s anonymity.

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SRN201503111144ZBill Schmalfeldt is an ignorant fool, but his biggest problems come not from what he doesn’t know but the things he knows that aren’t true. Any payments I have made to “Paul Krendler” have used a payment technology other than checks.five_dollar_bill_American_front

* * * * *

I originally considered titling the post as a Legal LUL Du Jour, but I concluded that Schmalfeldt was probably aware of the existence of cash and its use in paying for things, os I concluded that he was simply lyings.

Team Kimberlin Post of the Day


The U.S. Attorney’s response to Brett Kimberlin petition relating to vacating some of his Speedway Bombing convictions noted that the petition was full fo statements “that range from merely incorrect to actually misleading,” but he isn’t the only member of Team Kimberlin who has trouble keeping his stories straight. This Prevarication Du Jour from five years ago today dealt with one of Bill Schmalfeldt’s stupid lies.

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SRN201503080019ZThe Cabin Boy™ might wish to review his previous court filings before running off at the keyboard. This is from a letter he sent Judge Grimm last year when he tried to stick his nose into the Kimberlin v. The Universe, et al. RICO Madness. The letter is memorialized as ECF No. 63 in that case’s docket and would be a self-authenticating document if introduced into another proceeding in any court in the U. S.ECF 63-p2

demented adj. \di-ˈmen-təd\ :suffering from dementia.

This sort of sloppy neglect of the facts by the Cabin Boy™ is one of the reasons why he should expect to lose his LOLsuit.

* * * * *

Indeed, The Dreadful Pro-Se Schmalfeldt’s record in court matches The Dread Deadbeat Pro-Se Kimberlin’s—they both have batted 0.000.

Team Kimberlin Post of the Day


I’m informed that a news website covering the bustling megalopolis of Macomb, Illinois, has posted reporting by a certain GS-13 Editor about Western Illinois University’s new program Cannabis Biology and Production. (No, I won’t link to it.) Ag Students will be able to minor in cannabis production beginning with the upcoming Fall semester.

No former dope importers with midwestern distribution operations were available for comment.

Team Kimberlin Post of the Day


An important reason for the failure of all of the legal actions filled by Team Kimberlin during their campaign of lawfare was their gross misunderstanding of the law—as this Prevarication Du Jour from four years ago today reveals.

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The Cabin Boy™ has tweeted this—Cheddar201602281636ZThe Gentle Reader who has been following Schmalfeldt’s career of cyberfoolishness will not be surprised to find that the Cabin Boy™ is wrong. Here’s the EFF’s take on the Communications Decency Act—

Section 230 says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (47 U.S.C. § 230). In other words, online intermediaries that host or republish speech are protected against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. The protected intermediaries include not only regular Internet Service Providers (ISPs), but also a range of “interactive computer service providers,” including basically any online service that publishes third-party content.

CDA 230: The Most Important Law Protecting Internet Speech

Here’s what the General Counsel of Automattic, the company that owns WordPress.Com has to say about the value of 47 U.S.C. § 230’s protection afforded to publishers of third-party speech on the Internet—

I think to the extent that it protects speech, you can’t get much more expansive. I think the concept of no third-party liability is good.

You can find that and more concerning WordPress and the Communications Decency act here.

Here’s what the Seventh Circuit Court of Appeals thinks—

What §230(c)(1) says is that an online information system must not “be treated as the publisher or speaker of any information provided by” someone else.

Chicago Lawyers’ Committee for Civil Rights Under Law v. Craigslist, 519 F.3d 666, 671 (7th Cir. 2008).

No, the EFF and WordPress.com agree with me. So do lots of federal courts, including the Seventh Circuit Court of Appeals (Wisconsin is in the Seventh Circuit). Of course, the Cabin Boy’s™ misunderstanding of the Communications Decency Act has been pointed out to him before, but he continues to insist that his interpretation overrides the case law. It’s that sort of pigheadedness that will make his loss in LOLsuit VI: The Undiscovered Krendler so expensive.

* * * * *

BTW, I originally considered titling that post as a Legal LULZ Du Jour, but on second thought it seemed that after so many losses that even Schmalfeldt would understand the protection § 230 offers and that he was now simply lying.

Team Kimberlin Post of the Day


This blog started as a hobby, and I now operate it as an occasionally profitable business. I’ve always written about First Amendment and free speech issues, but when I got involved in writing about Brett Kimberlin’s use of lawfare against bloggers, it turned out that I was able to attend hearings in nearby Maryland courts. As a result, I became one of Team Kimberlin’s targets and part of the story myself. It’s been frustrating and aggravating at times, but there also have been times when Team Kimberlin’s ineptitude has been a source of laughter. This post called Catching Up first ran six years ago today.

* * * * *

Wow! I’ve spent the morning working and not paying attention to the blog or Twitter, and look at all I’ve missed!vbr2014022211640ZI have no idea what the Cabin Boy™ is going on about. It seems as if he’s complaining about some sort of threats. If he really has received credible threats, he should call the cops. If he’s simply trying to stir the pot, he should reflect on Maryland Criminal Law § 9-501 before he gets in over his head.

I may have more to say after I’ve reviewed the comment threads.

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Cabin Boy™ Bill Schmalfeldt was definitely a poor choice by The Dread Deadbeat Pirate Pro-Se Kimberlin for a PR flack. His threats of the direst of dire direness always fizzled. Among the sillies were his predictions that I would be arrested and my blog seized because … well, just because. IIRRC, there have only been two occasions where law enforcement agents initiated conversations with me about Schmalfeldt. I was not the target of either investigation. Similarly, when law enforcement agents initiated conversations with me about Brett Kimberlin, i was not the target of any investigation.

Team Kimberlin Post of the Day


When the members of Team Kimberlin find that their outrageous lies have been confronted with contradictory evidence, they often try (and fail) to spin the narrative. Sometimes, they don’t bother, as noted in this Footnote Du Jour from three years ago today.

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The Gentle Reader may wish to take note that the Cabin Boy™ did not deny that he engaged in the acts he says his employer questioned him about—in fact, he admitted to them.

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Given his recent mobility, it appears the Cabin Boy™ has had a few more questions from employers of late. Iowa, Michigan, Wisconsin, Illinois, …