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.

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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

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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

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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


I’ve been following the antics of Team Kimberlin for over six years now, and one of the principal sources of amusement in the process has been watch Bill Schmalfeldt’s various hare-brained schemes fail. Three years ago, he tried to draw the pseudonymous blogger Paul Krendler into a lawsuit by publishing a book, Confessions of an Internet Troll, that infringed on Krendler’s copyrights. Of course, the Cabin Boy™ screwed up. His book also infringed some of my copyrights, so I went after him, and Krendler was able to sit back and watch. The TKPOTD from three years ago today dealt with one of the ways that the secret identity of the anonymous author of the book was found.

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Last week, great fun was had following the publication of Confession of an Undercover Internet Troll. The Vast Hogewash! Research Organization scours the Interwebz for interesting bits of data concerning Team Kimberlin. Recently, a member of the VHRO found this file:

http://ih8radio.net/UT1.mp3.
[dead link]

popcorn4bkIt’s the Introduction and first chapter of Confessions as read by the author. Enjoy it quickly, before Anonymous takes it down.

The voiceprint analysis was intriguing.

BTW, here’s the Blogspot page mentioned at the end of the audio track.

Confession_blogspot_1

Did someone say something about OPSEC?

* * * * *

Nothing proceeded as the Cabin Boy™ hallucinated.

Team Kimberlin Post of the Day


Four years ago, The Dreadful Pro-Schmalfeldt was just getting started with his LOLsuits. This post titled In Re a Copyright deals with some of his shenanigans in the run up to the first case, LOLsuit: The Emotional Picture.

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Bill Schmalfeldt recently published a book called Intentional Infliction. On pages 3 through 12 he published without permission a blog post by the pseudonymous blogger Paul Krendler. Schmalfeldt bragged that he could do so without penalty: “I doubt he will try to sue me for copyright, since he would have to review [sic] his actual name.” Mr. Krendler objected to Schmalfeldt’s misappropriation of his work and sought a way to enforce his copyright.

Mr. Krendler has sold the world book and ebook rights to the web posting in question to me. He has retained all other rights. I now own the rights to publish the material in book or ebook form, and I have taken the initial steps to enforce those rights.

UPDATE—The Cabin Boy™ is acting as if he believes he’s some sort of Grand Inquisitor.@PatO201404302244ZIt’s none of his business.

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The Cabin Boy’s™ lawfare has not gone well for him. He may file LOLsuit IX. If he does, he will have to give the court in which he files a valid address for service.

Have I mentioned that I’m not done with him yet?

Team Kimberlin Post of the Day


One of the routine sources of pointage, laughery, and mockification from Team Kimberlin is the amazingly shoddy lies which the get caught telling. This was the Prevarication Du Jour from a year ago today.

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The Cabin Boy™ sometimes lies by telling part of the truth.It’s true that there is no readily available public document which contains a statement under oath from Bill Schmalfeldt in which he swears he is Paul Krendler. However, if one files a properly targeted Freedom of Information Act request, one can obtain a document in which he swears that he is the author of a book whose writer claims to be Paul Krendler.

I’ll just throw out some breadcrumbs for the astute Gentle Reader to follow.

Back in October, 2015, the Cabin Boy™ used CreateSpace, the print-to-order service run by Amazon, to self-publish a book titled Confessions of an Undercover Internet Troll. It contained some material plagiarized from this blog. I filed an infringement notice with Amazon, and after a bit of a tug-of-war with Schmalfeldt, Amazon and CreateSpace dropped the book.

During the brouhaha, Schmalfeldt put a post up on his now-defunct The Merry Widowerblog called Time for Me to Come Clean on Undercover Troll. He admitted being the book’s “anonymous” author and threatened me with the direst of dire direness if I did not relent in my attempt to have the book pulled. He assured both his readers that the book would be available again within two weeks and that I would be facing a $2,500 fine. He posted a screen shot from his copyright registration transaction for the book to prove his claim. Here’s a portion of the online receipt he posted.Gentle Reader, if you go to the copyright online search page, you will find that no copyright registration has yet been issued for the book. There are three possible explanations. One, the registration could still be in process, but that is unlikely after a year-and-a-half. Two, the Cabin Boy™ might have been smart enough to withdraw the application for registration. Three, the registration was denied. Whichever is correct, there is a case number associated with the application, the possible use for which is left to the astute Gentle Reader to surmise.

UPDATE—Of course, I can’t publish an extract of the Cabin Boy’s™ post that I refer above because of our 2014 Settlement Agreement. However, it appears that the post was archived here.

* * * * *

I’m not through with him yet.

UPDATE—The Cabin Boy™ has abandoned the domain where he posted the image above, and it appears that the domain is now being used for porn. Please take note of the warning in the comment section below.

Team Kimberlin Post of the Day


Gentle Reader, that reminds me of this post On Copyrights from 24 November, 2015—

* * * * *

I was rereading Confessions of an Undercover Internet Troll, and noticed something interesting about how the blog described in the book got started. The character known as Hoggy hired the author to write the blog, offering to pay him with a cut of money raised via Hoggy’s tip jar. If that’s true, then all of the TMZ blog posts contained in the book should be work-for-hire and, therefore, should belong to Hoggy.

Hmmmmm.

UPDATE—After my conversation with CreateSpace this morning, this is what searching for the Cabin Boy’s™ book turned up on Amazon at 12:15 ET this afternoon.Amazon_Confessions_20151124

Hmmmmm.

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A man’s got to know his limitations.

Team Kimberlin Post of the Day


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.