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)
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.
The Dread Pro-Se Kimberlin does not seem to be capable of learning from his own mistakes. Late last week, he filed a motion in his Kimberlin v. Kimberlinunmasked copyright trolling lawsuit to have the two person he alleges to be Kimberlin Unmaksked found to be in default. He included Certified Mail green cards as proof of his attempts to serve those individuals.
The Gentle Reader who has been following The Saga of The Dread Pro-Se Kimberlin may remember that TDPK was caught forging a summons in his Kimberlin v. The Universe, et al. RICO Madness, and he confessed to altering a Certified Mail green card in the Kimberlin v. Walker, et al. nuisance lawsuit. One would think that having been caught at such nonsense at least twice, he wouldn’t try the same trick again. Au contraire.
Here’s the tracking number and Restricted Delivery box from one of the green cards he submitted with the default motion.This is from the USPS tracking information for that number. Note that it does not list Restricted Delivery as being paid for. If it had been, Restricted Delivery would have been listed. Furthermore, the envelope only shows sufficient postage to cover only First Class Mail, Certified Mail, and Return Receipt.
As I’ve pointed out before, TPDK is a liar and a very inept one.
UPDATE—To demonstrate that the USPS tracking information does include whether or not Restricted Delivery was paid for, let me post the tracking information on the service of process for The Dreadful Pro-Se Schmalfeldt’s™ first answer and counterclaim in the Hoge v. Schmalfeldt copyright lawsuit.UPDATE 2—TDPK’s motion for default contains a verification under penalty of perjury that it is true and correct.
I let one of Bill Schamalfeldt’s attempted comments through last night in order to show the unhinged approach he is taking to the copyright matters. It’s 7:13 am as I type this, and he has attempted to make 9 comments here at Hogewash! since 7:00 am. Any further attempted comments from him will be sent directly to the Trash folder.
The Dreadful Pro-Se Schmalfeldt™ says that the readers of this blog have great difficulty understanding what words actually say. Of course, sometimes the words are confusing.
The words that the Cabin Boy™ alleges that WordPress neglected to include in the DMCA takedown notice they forwarded to me list the following blog post as containing infringing material, https://hogewash.com/2014/06/20/in-re-schmalfeldt-v-hoge-5, and he describes that post as “It is a full page screencap of my copyrighted ‘Patriot-Ombudsman’ blog that I have since taken off line, but the copyright can clearly be seen at the bottom of the page. Used without permission.”
Here’s that post—
In Re Schmalfeldt v. Hoge
Originally posted on 20 June, 2014
On 19 June, 2014, the Maryland Court of Appeals denied Bill Schmalfeldt’s petition for a writ of certiorari. His appeal of the extension of the peace order will not be heard.
UPDATE—The Dreadful Pro-Se Schmalfeldt™ has asked this question …… and his question deserves an answer. The way that I’ll win the next “unwinnable” case is the same way I won the “unwinnable” peace order and the “unwinnable” peace order extension—by having the facts and the law on my side.
* * *
<sarc>Now, the words that the Cabin Boy™ claims to have included in his takedown notice clearly seem to say that the post contains a “full page screencap” from Patriot-Ombudsman, so the Gentle Reader’s confusion is understandable.</sarc>
UPDATE—Added the <sarc> tags.
The Dreadful Pro-Se Schmalfeldt™ is now trying to spin a story of WordPress taking down 45 images and videos from Hogewash! because of a clerical error.WordPress has a different take on the situation.They say that they restored my material after TDPS™ admitted he had filed an erroneous DMCA takedown notice.
The Gentle Reader is free to believe either WordPress or TDPS™ as he chooses.
It will be interesting to see what the Cabin Boy™ posts. What you see in the post below is the notice forwarded to me by WordPress.com. If anything is missing, the Cabin Boy™ should talk to them.