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?

In Re ELH-14-CV-1683


The preliminary injunction hearing in the Hoge v. Schmalfeldt copyright suit concluded just after 1 pm. The preliminary injunction I am seeking is an unusual remedy in a copyright case. Judge Hollander was not prepared to rule from the bench. She said we should expect a written ruling within a week or two.

A side note: Schmalfeldt was accompanied to court by Brett Kimberlin.

UPDATE—As a part of her understanding the infringement I am complying about, Judge Hollander spent a significant amount of time comparing the comments or my 14 April Are You Pondering What I’m Pondering? post to what The Dreadful Pro-Se Schmalfeldt™ incorporated into his ebook My Slow, Journalistic Death. She seemed to find some of the more strident comments off-putting because she had no context concerning what many commenters were replying to. However, she did see that Schmalfeldt had lifted the entire post without complying with the Hogewash! Terms of Service. He did not, where practicable, provide a proper link. By the way, The Fine Print has been recently revised.

One last note about the hearing. Judge Hollander made it clear that she will base her ruling strictly on the law and the evidence presented today. She will not be looking at evidence from extrajudicial sources.