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2017 JUN 19 23:20:17 search=meth+mouth

DMCA LULZ Du Jour


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.

Team Kimberlin Post of the Day


This popped up on the Hoge v. Kimberlin, et al. case docket.I haven’t received a copy. If it turns out that the Cabin Boy™ failed to serve a copy on me, then this is likely a improper ex parte communication with the court.

Discovery closed in the case back in April, so further requests for discovery are now improper. However, under the Maryland Rules, there is a continuing obligation by those served with timely requests to provide additional responsive answers if they find new documents or information. I asked Schmalfeldt to provide copies of any tweets or blog posts from a list of his accounts that mentioned me. He replied that he did not have any. It now appears that he has found at least one.

I suspect that this isn’t the only one he’s “found.” Considering his continuing obligation under the Rules, he should produce the documents he has. Soon.

Very soon.

T-minus 17 days and counting.

Team Kimberlin Post of the Day


The Cabin Boy™ filed a motion to amend his response to my motion for summary judgment, but the response t my motion that he filed was defective, and the Clerk of the Court did not accept it. Schmalfedt has also filed a motion to amend his unfiled filing.

I’ve moved to strike the Cabin Boy’s™ motion to amend.

Also, I’ve filed an opposition to his motion to amend in case the judge doesn’t strike it.

Of course, the Cabin Boy™ takes my insistence that he play by the Rules as my being afraid of fair play.

The Cabin Boy™ has already filed two motions for summary judgment, and both were denied. Motions for summary judgment are dispositive motions, and Judge Hecker’s scheduling order required that no more dispositive motions (explicitly including motions for summary judgment) would be filed within 100 days of the scheduled start of the trial. That window closed on 15 May.

Oh, one more thing … I didn’t have a copy to the version of the motion The Dreadful Pro-Se Schmalfeldt filed with the court until after I filed my motion to strike. Now that I have a copy, I see that Schmalfeldt failed to sign the paper he sent to the court. That’s yet another reason to deny his motion.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The Cabin Boy™ has filed a motion to amend his response to my motion for summary judgment. However, the online docket shows that he hasn’t properly filed a response to my motion for summary judgment, so it appears that he’s trying to amend something that doesn’t exist. He also hasn’t properly served me (per Rule 1-321) with a copy of his motion to amend.

I’m also informed that the Cabin Boy™ was personally served with the latest show cause order by a deputy sheriff on 24 May.

Everything is proceeding as I have foreseen.

T-minus 2 days and counting.