Team Kimberlin Post of the Day


One of the tools that Team Kimberlin has tried to use in their campaigns of lawfare is fraudulent copyright claims. Five years ago today, Hogewash! was the target of such an attack which I reported in a post titled #BillSchmalfeldt Files Fraudulent DMCA Takedown Notice. As the Gentle Reader can see below, the Cabin Boy™ falsely claimed to be either the owner of or authorized agent for works in the public domain. While some of the posts were taken down automatically, it didn’t take WordPress long to correct those errors. The post begins with the email I received from WordPress.

* * * * *

Hi there,

We’ve received the DMCA notice (http://chillingeffects.org/dmca512/faq.cgi#QID130) below regarding material published on your WordPress.com site, which means the complainant is asserting ownership of this material and claiming that your use of it is not permitted by him/her or the law. As required by the DMCA, we have disabled public access to the material. Please note that republishing the material without permission from the copyright holder will result in the permanent suspension of your WordPress.com site and/or account.

Repeated incidents of copyright infringement will also lead to the permanent suspension of your WordPress.com site. We certainly don’t want that to happen, so please delete any other material you may have uploaded for which you don’t have the necessary rights and and refrain from uploading additional material that you do not have permission to upload. Although we can’t provide legal advice, we’re happy to point you to copyright law resources that might help you make this determination.

Alternatively, if you believe that this notice was received in error, or if you believe your usage of this material falls under the Fair Use provision of US Copyright Law, it’s important that you submit a formal DMCA counter-notice to ensure that your WordPress.com site remains operational. A valid counter-notice will result in the material being returned to your site in 10 business days if the complainant does not reply with legal action.

Please refer to the following pages for more information:
http://en.support.wordpress.com/counter-notice/
Digital Millenium Copyright Act – Counter Notice

After the notice, there is a list of the material claimed to be in breach of copyright, with the action that we have taken on this occasion. This is the response that we have sent the complainant.

Thank you.
— BEGIN NOTICE —

Dear Designated Agent:

This will probably be a bit more personal than the usual DMCA Takedown Request you receive. I am in the midst of a Copyright Infringement Suit filed by William John Joseph Hoge III, who operates a WordPress.com blog called “Hogewash.com”.

Before I detail the nature of this takedown, I have a question. Who owns the “copyright” on material published on a WordPress.com blog? Your Terms of Service make it appear that WordPress.com owns the ultimate copyright. Am I correct in that assumption? Or can a user of a WordPress.com blog write up his own Terms of Service that seem to contradict the WordPress.com ToS. As you peruse this Takedown request, I invite you to review Mr. Hoge’s terms at https://hogewash.com/the-fine-print/

My name is William M. Schmalfeldt, [redacted], Elkridge, Maryland, USA, 21075

410-[redacted]

bschmalfeldt@[redacted]

I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

I acknowledge that a copy of this infringement notice, including any contact information I provided above (address, telephone number, and email address), will be forwarded to the user who uploaded the content at issue.

I electronically sign below.

William M. Schmalfeldt
— END NOTICE —

1. https://hogewash.com/2014/05/31/orion-in-3d/

In accordance with the requirements set forth by the DMCA, we have disabled access to the material identified as infringing. Please note that we have notified the user who uploaded the material to provide them an opportunity to formally challenge this removal. If the user decides to submit a counter-notice you will be notified immediately.

2. https://hogewash.com/2014/05/30/serpens-cloud-core/

Access to the content in question has been disabled, according to the requirements of the DMCA.

3. https://hogewash.com/2014/05/29/astro-proam/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

4. https://hogewash.com/2014/05/28/galactic-magnetism/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

5. https://hogewash.com/2014/05/26/in-the-eagle-nebula/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

6. https://hogewash.com/2014/05/25/thats-no-space-station-its-a-moon/

Access to the content in question has been disabled, according to the requirements of the DMCA.

7. https://hogewash.com/2014/05/23/a-new-crater-on-mars/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

8. https://hogewash.com/2014/05/21/m60-ucd1/

Access to the content in question has been disabled, according to the requirements of the DMCA.

9. https://hogewash.com/2014/05/20/cygnus-ob2-9/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

10. https://hogewash.com/2014/05/19/the-giant-red-spot/

Access to the content in question has been disabled, according to the requirements of the DMCA.

11. https://hogewash.com/2014/05/18/the-not-so-giant-red-spot/

Access to the content in question has been disabled, according to the requirements of the DMCA.

12. https://hogewash.com/2014/05/16/neptune-triton-rings-and-stars/

Access to the content in question has been disabled, according to the requirements of the DMCA.

13. https://hogewash.com/2014/05/15/inside-the-flame-nebula-2/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

14. https://hogewash.com/2014/05/14/pan-and-zoom/

Access to the content in question has been disabled, according to the requirements of the DMCA.

15. https://hogewash.com/2014/05/13/a-stellar-survivor/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

16. https://hogewash.com/2014/05/12/the-grand-canyon-of-mars/

Access to the content in question has been disabled, according to the requirements of the DMCA.

17. https://hogewash.com/2014/05/11/infrared-andromeda/

Access to the content in question has been disabled, according to the requirements of the DMCA.

18. https://hogewash.com/2014/05/10/coronal-hole-squared/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

19. https://hogewash.com/2014/05/09/b-and-c-in-uv/

Access to the content in question has been disabled, according to the requirements of the DMCA.

20. https://hogewash.com/2014/05/08/inside-the-flame-nebula/

Access to the content in question has been disabled, according to the requirements of the DMCA.

21. https://hogewash.com/2014/05/07/outbound/

Access to the content in question has been disabled, according to the requirements of the DMCA.

22. https://hogewash.com/2014/05/06/53-years-ago-yesterday/

Access to the content in question has been disabled, according to the requirements of the DMCA.

23. https://hogewash.com/2014/05/05/thats-no-moon-its-a-space-station/

Access to the content in question has been disabled, according to the requirements of the DMCA.

24. https://hogewash.com/2014/05/04/whats-up-for-may/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

25. https://hogewash.com/2014/05/03/m61-2/

Access to the content in question has been disabled, according to the requirements of the DMCA.

26. https://hogewash.com/2014/05/02/26749/

Access to the content in question has been disabled, according to the requirements of the DMCA.

27. https://hogewash.com/2014/05/01/the-pleiades-2/

Access to the content in question has been disabled, according to the requirements of the DMCA.

28. https://hogewash.com/2014/04/30/rings-and-shadows/

Access to the content in question has been disabled, according to the requirements of the DMCA.

29. https://hogewash.com/2014/04/29/missed-it-by-that-much-2/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

30. https://hogewash.com/2014/04/27/asteroids-3/

Access to the content in question has been disabled, according to the requirements of the DMCA.

31. https://hogewash.com/2014/04/26/brown-dwarf/

Access to the content in question has been disabled, according to the requirements of the DMCA.

32. https://hogewash.com/2014/04/25/m5/

Access to the content in question has been disabled, according to the requirements of the DMCA.

33. https://hogewash.com/2014/04/24/arp-81/

Access to the content in question has been disabled, according to the requirements of the DMCA.

34. https://hogewash.com/2014/04/23/m101-in-ir/

Access to the content in question has been disabled, according to the requirements of the DMCA.

35. https://hogewash.com/2014/04/21/just-a-bit-blurry/

Access to the content in question has been disabled, according to the requirements of the DMCA.

36. https://hogewash.com/2014/04/20/mariner-4-and-mars/

Access to the content in question has been disabled, according to the requirements of the DMCA.

37. https://hogewash.com/2014/04/19/the-tadpole/

Access to the content in question has been disabled, according to the requirements of the DMCA.

38, https://hogewash.com/2014/04/18/surveyor-3-and-apollo-12/

Access to the content in question has been disabled, according to the requirements of the DMCA.

39. https://hogewash.com/2014/04/16/new-moon-2/

Access to the content in question has been disabled, according to the requirements of the DMCA.

40. https://hogewash.com/2014/04/15/a-horsehead-of-a-different-color-2/

Access to the content in question has been disabled, according to the requirements of the DMCA.

41. https://hogewash.com/2014/04/12/mergers-and-acquisitions-2/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

42. https://hogewash.com/2014/04/11/el-gordo-2/

Access to the content in question has been disabled, according to the requirements of the DMCA.

43. https://hogewash.com/2014/04/09/get-ready-for-the-eclipse/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

44. https://hogewash.com/2014/04/05/a-solar-flare-2/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

45. https://hogewash.com/2014/04/04/themis/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

46. https://hogewash.com/2014/04/03/mars-in-opposition/

Access to the content in question has been disabled, according to the requirements of the DMCA.

47. https://hogewash.com/2014/04/01/encountering-hyperion/

Access to the content in question has been disabled, according to the requirements of the DMCA.

48. https://hogewash.com/2014/03/31/ios-true-colors/

Access to the content in question has been disabled, according to the requirements of the DMCA.

49. https://hogewash.com/2014/03/30/hollows-on-mercury/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

50. https://hogewash.com/2014/03/29/1000-km-closer-to-mars/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

51. https://hogewash.com/2014/03/27/you-cant-see-it-from-here/

Access to the content in question has been disabled, according to the requirements of the DMCA.

52. https://hogewash.com/2014/03/25/breaking-up-is-hard-to-do/

Access to the content in question has been disabled, according to the requirements of the DMCA.

53. https://hogewash.com/2014/03/24/confused-hubble/

Access to the content in question has been disabled, according to the requirements of the DMCA.

54. https://hogewash.com/2014/03/22/a-seyfert-galaxy/

Access to the content in question has been disabled, according to the requirements of the DMCA.

55. https://hogewash.com/2014/03/21/coming-attractions-lunar-eclipses/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

56. https://hogewash.com/2014/03/20/measuring-a-black-holes-spin/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

57. https://hogewash.com/2014/03/19/the-moons-north-pole/

Access to the content in question has been disabled, according to the requirements of the DMCA.

58. https://hogewash.com/2014/03/18/the-monkey-head-nebula/

Access to the content in question has been disabled, according to the requirements of the DMCA.

59. https://hogewash.com/2014/03/17/hubble-nets-a-butterfly/

Access to the content in question has been disabled, according to the requirements of the DMCA.

60. https://hogewash.com/2014/03/16/missed-it-by-that-much/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

61. https://hogewash.com/2014/03/15/preview-of-coming-attractions-3/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

62. https://hogewash.com/2014/03/12/the-sun-in-january/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

63. https://hogewash.com/2014/03/11/a-swift-tour-of-andromeda/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

64. https://hogewash.com/2014/03/10/wimpy-x-rays/

Access to the content in question has been disabled, according to the requirements of the DMCA.

65. https://hogewash.com/2014/03/09/exoplanets-and-exocomets/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

66. https://hogewash.com/2014/03/08/a-telescope-larger-than-a-galaxy/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

67. https://hogewash.com/2014/03/07/the-sand-dunes-of-mars/

Access to the content in question has been disabled, according to the requirements of the DMCA.

68. https://hogewash.com/2014/03/06/a-day-on-mercury/

The content at issue is not hosted on WordPress.com. Please file a takedown notice with the appropriate third party.

69. https://hogewash.com/2014/03/03/martian-sunset/

Access to the content in question has been disabled, according to the requirements of the DMCA.

70. https://hogewash.com/2014/03/02/surveyor-1/

Access to the content in question has been disabled, according to the requirements of the DMCA.


Clicky Steve | Community Guardian | WordPress.com

BS201407141324Z

* * * * *

The Cabin Boy™ huffed and puffed, but his claim failed.

Team Kimberlin Post of the Day


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.

* * * * *

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.grouch365|201507121347ZAs 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.grouchpodcastOf 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)

UPDATE—Spoliation?spoliation

* * * * *

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.

Team Kimberlin Post of the Day


During several hearings and trials, Bill Schmalfeldt failed to show up in court because he claimed he was too incapacitated by Parkinson’s disease to attend court. Although I haven’t expressed an opinion on the state of the Cabin Boy’s™ health, several other folks have. Perhaps because of the Parkinson’s dementia which he has claimed to experience, he has confused me with those other commenters. Two years ago, I published a series of posts related to The Dreadful Pro-Se Schmalfeldt’s false claims that I had said that he was faking illness and that he was a child pornographer. The final post in that series was titled The Cabin Boy’s Symptoms.

* * * * *

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 …”

* * * * *

Facts are stubborn things.

Team Kimberlin Post of the Day


Bill Schmalfeldt hasn’t had much luck dealing with the 1st of July for the past few years. Here are three posts from 1 July, #BillSchmalfeldt.Gone.Again. from 2013, Qapla’ from 2016, and the TKPOTD from 2017.

* * * * *

GhostRadioOnlin was down at 10:15 pm ET on 1 July, 2013.Ghost_gone

And this was what his rabid response website looked like at the same time.Allergic2Bull_com

Hmmmmm.

Ghost_goodbyeUPDATE—An email from a friend on the Left Coast contained this gem.

It looks as if he’s closed the rabid response site as well. It will be interesting to find out if this is the result of Bill Schmalfeldt being served the summons and a copy of the Application for Statement of Charges and seeing how much trouble his ranting has caused him. Taking the Twitter account and site down won’t erase the screenshots, pdf files, etc. that are on multiple computers all over the country. Evidence of the Cabin Boy’s behavior remains intact.

Or it really could be that the Cabin Boy is worn out from trying to fight above his weight (intellectually and morally). Regardless, he joins Brave Sir Robin in the pantheon of big talkers who cut and run. Of course, he may pop up again. We’ll see.

UPDATE 2—I’ve been asked how I missed the Sore Loserman’s “last tweets.” I was off doing other things. I do have a life, you know.

UPDATE 3 —HoggyJr_0701

No, my life doesn’t revolve around Brett Kimberlin. I have an interest in seeing him brought to justice, but there are plenty of things in my life that are of greater importance.

As for heart attacks, I’ve had three already, thank you. I’ve got five stents in my heart and had a minimally invasive bypass. My bypass was experimental. I was the 13th patient to undergo the procedure in the U. S. (luckily for me). I could have had the proven standard procedure or opt to participate in the experimental trial. I went with the experimental procedure even though it wasn’t covered by my insurance. Did someone say something about altruism and medical procedures?

* * * * *

Bill Schmalfeldt loses again.

More later.

UPDATE—The order above dismisses the case on the basis of lack of personal jurisdiction. The case also failed in part for failure to state a claim with respect to misappropriation of likeness.

The Dreadful Pro-Se Schmalfeldt keeps his perfect batting average of .000 intact.

* * * * *

The stalking and harassment count in LOLsuit VIII: Avoiding Contact was summarily dismissed.

Everything is proceeding as I have foreseen.

* * * * *

I’ve lost count of the Cabin Boy’s™ failed Internet personas and other media fiascos. They’re even more common than his failures at pro se litigation.

Team Kimberlin Post of the Day


One of the more humorous aspects of dealing with Team Kimberlin has been watching the PR flacks such as Matt Osborne and Bill Schmalfeldt make fools of themselves predicting the direst of dire direness for Team Kimberlin’s perceived enemies. The Dreadful Pro-Se Schmalfeldt would have to take off both shoes to count all the LOLsuits he and The Dread Deadbeat Pro-Se Kimberlin have filed and lost over the past six years. I published a post five years ago today titled Knowin’ When to Hold ‘Em that took note of one bit of concern trolling from the Cabin Boy™.

* * * * *

wmsbroadcasting201406211851Z

One should always play fairly when one has the winning cards.

—Oscar Wilde

* * * * *

Perhaps a more appropriate response to the Cabin Boy™ might have been, “Go fish.”

Team Kimberlin Post of the Day


One of the forms of harassment used by Team Kimberlin has been contacting a perceived enemy’s employer and either complaining about the person’s behavior or forecasting the direst of dire direness if the person isn’t fired. That tactic worked once, and Aaron Walker was fired from a job because his employer was frightened by tales of Islamic extremists who were allegedly seeking revenge on Aaron for posting cartoons of Mohammed on the Internet.

They also tried to interfere with my work as a contractor with NASA. Five years ago today, I published this post about My Day at work.

* * * * *

201406191002ZSomehow, I feel that those good wishes from the Cabin Boy™ are sarcasm, but I did have a good day working with the GOES-R Project today. Most of my time was spent mentoring an engineering co-op student who was laying out his first circuit board. Passing on such skills one-on-one is something I find very satisfying.

Not everyone working on the GOES-R program is aware the legal wrangling that takes up part of my spare time, but many of my colleagues read this blog or have heard stories told around the Keurig. Those stories have been the source of much head shaking and laughter.

* * * * *

Not all of my colleagues at NASA were amused by the emails they received, and that resulted in opening of an investigation of which I was not the target. Going an email too far is what resulted in the cooperative effort that brought about Bill Schmalfeldt finally being charged with violating a peace order.