Team Kimberlin Post of the Day

The members of Team Kimberlin have often acted as if they believe they are entitled to special treatment, that they have the right to demand compliance with their wishes. This Prevarication Du Jour from seven years ago show one example of their sense of entitlement.

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Not surprisingly, we have another one from the Cabin Boy™. (H/T, @embryriddlealum)@PatO201505040051ZAccording to their communication with me, CreateSpace doesn’t need to see any documentation from me. They’ve pulled Schmalfeldt’s book until a “resolution has been reached between both parties.”ECR_Email20140430

Since I do not wish to grant permission to anyone to publish the work in question in book or ebook form, the matter is now resolved as far as I’m concerned.

* * * * *

As I’ve remarked on previous occasion, Schmalfeldt has the right to remain silent, but he lacks the self-control to do so.

Team Kimberlin Post of the Day

Back in 2014, Bill Schmalfeldt published a book called Intentional Infliction which republished a post by the anonymous blogger Paul Krendler. Schmalfeldt thought that Krendler would have to reveal his real name in order to file a copyright claim.

Then I purchased the world print book and e-book rights to the blog post, and I filed a copyright notice with CreateSpace, the print-to-order service Schmalfeldt was using to publish his book. This I’m Not Making This Up, You Know post from seven years ago today deals with part of Schmalfeldt’s resulting snit fit.

* * * * *

BS_complaint_20140430The Cabin Boy™ also says: “I have advised Howard County of this, [sic] and will copy them on this complaint.”


I’ll let the Gentle Readers know if anyone contacts me about this.

UPDATE—He forgot Mopery with Intent to Lurk.

* * * * *

Schmalfeldt found out that filing false complaints can be more trouble than it’s worth.

Team Kimberlin Post of the Day

After losing LOLsuit VIII: Avoiding Contact, Bill Schmalfeldt managed to stay out of court for around a couple of years, but has still had delusions of adequacy in 2016. This Legal LULZ Du Jour is from four years ago today.

* * * * *

Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.

—Sun Tzu

MU201607092257ZJust so. The Cabin Boy™ rages on.

He schemes and plots but without any understanding of the law or the Rules of Civil Procedure or the Rules of Evidence. Indeed, if he understood the Rules of Evidence, he would know that spousal privilege would prevent calling someone’s wife to testify about communications with her husband and with what she had seen him do or not do.

He who knows when he can fight and when he cannot will be victorious.

—Sun Tzu

* * * * * *

The Cabin Boy™ has made noises about a copyright LOLsuit against his most recent former employer over a DMCA takedown of material he had posted on his latest YouTube channel.

BTW, as of 10 pm ET last night, he still only had 9 subscribers.

Team Kimberlin Post of the Day

I’m informed that Bill Schmalfeldt has “retired” for the eleventy-fourth (or thereabouts) time. In fact, I’m told that he quit his recent job ahead of his scheduled retirement date because he felt he was being dissed by the management of the radio station where he worked. It seems that he posted something to the station’s Facebook page that the station management then removed.

I’m also told that the Cabin Boy™ has a channel wasting bandwidth at YouTube where he had been posting bootleg clips from his radio program and that his now former employer has had the clips removed via DMCA takedown notices. It’s been reported to me that Schmalfeldt says he’s filed counter notices, claiming that he owns the material because he wrote it. IANAL, but I’ll bet the broadcasting company will claim ownership under the work-for-hire doctrine. Unless Schmalfeldt has a written agreement specifically exempting work written for use on his program from being work-for-hire, a court might find that the material is “work prepared by an employee within the scope of his or her employment[.]” (17 USC § 101) So I’ll also bet that he’ll lose. Again.

Team Kimberlin Post of the Day

Bill Schmalfeldt has caused himself and the rest of Team Kimberlin more trouble than he’s worth by his inept handling of issues dealing with intellectual property, especially copyrights. His use of head shots of me in pornographic images attracted the attention of the copyright holders and resulted in the loss of at least one of his websites for a terms of service violation. He also produced smutty images using pictures of my family as was noted in this post about Some Copyright Information from a couple of years ago today.

* * * * *

Late Thursday night, a friend sent me a link to a picture of my late wife that had been posted on Schmalfeldt’s FatManPodcast website. In a comment in the caption Schmalfeldt posted with the picture, he claims the image was used under the Fair Use doctrine and that “Hoge can suck my frittatas!” I’m not the copyright holder. The copyright for that portrait of my wife belongs to the professional photographer who took the picture. If the photographer discovers Schmalfeldt’s appropriation of his work and takes action, he’ll do it on his own. For now, having that picture up on Schmalfeldt’s website highlights two things: 1.) his general ineptitude at image manipulation and 2.) his meanness.

* * * * *

About the same time, the Cabin Boy™ screwed up and used material from Hogewash! in a post at Breitbart Unmasked Bunny Billy Boy Unread. The resulting DMCA notice forced BU to move its hosting offshore rather than provide a address for service of process.

Incompetent is as incompetent does.

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.

* * * * *

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:
[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.


Did someone say something about OPSEC?

* * * * *

Nothing proceeded as the Cabin Boy™ hallucinated.

Team Kimberlin Post of the Day

One of the things that keeps tripping up Team Kimberlin (and especially the Cabin Boy™) is copyright. Five years ago today, Schamalfeldt was issued a bogus DMCA Threat which resulted in some images being temporarily taken down by Hogewash!‘s web host.

* * * * *

Bill Schmalfeldt threatens to file a DMCA takedown notice over this image:Thecrew

The image is a parody of StarWar VI. Does he claim to own the rights to that film? Disney would contest that.

Does he claim to own the copyright on the image of Brett Kimberlin when he was arrested for impersonating a federal officer? Sorry, that is a public domain image.

Does he claim to own the copyright on the image of Neal Rauhauser? Fine. Produce an affidavit that he is the photographer or the purchase records of the rights.

Does he claim to own the copyright on the image of himself? Fine. Produce an affidavit that he is the photographer or the purchase records of the rights.

Does he claim to be the agent for any of the copyright holders? OK. Produce the documentation appointing him as the agent.

Otherwise, he should realize that filing a bogus DMCA claim could cause him to wind up in court as a defendant rather than a plaintiff. He’s already pushing his luck, but perhaps he wants to double down on stupid.

Perhaps I can get pro bono help from a blogger who helps others subject to bogus censorship …

UPDATE—I’m told that Bill Schmalfeldt has asked nicely that the picture be taken down. Who did he ask? Is he saying that he asked me?

UPDATE 2—Bill Schmalfeldt seems to think that because he is the subject of a photograph or because it was published on his website that he has a copyright on the picture. That’s not necessarily true. The copyright to a picture belongs to the photographer who takes the picture. Schmalfeldt has a copyright on the his website, but unless he took that picture himself, he would have no more ownership of it than he would of a quote from Mark Twain.

Remember, folks, I don’t own my headshot. I use it under license from the photographer who took the picture. He owns the copyright as Bill Schmalfeldt found out.

Furthermore, the parody image was not my creation. I have no rights to it other than permission from the artist to publish.

Schmalfeldt either needs to come up with proof that took the picture himself or that he acquired ownership of the copyright in some other way. Or he needs to knock it off.

UPDATE 3—I just pulled it out of the file to check. I have document signed by the President of the United States saying that I am a gentleman. Actually, an officer and a gentleman. And it’s signed by Richard Nixon. Oh well …

UPDATE 4—Once more, in simple words: The copyright to a work belongs to the creator of the work. The photographer owns the copyright photograph not the subject. The photographer who owns the copyright to my headshot sent the takedown notice on my headshot. Peter Ingemi requested that my image from his copyrighted video not be photoshopped into a pornographic picture. I have never claimed a copyright on any image of me published by Bill Schmalfeldt.

UPDATE 5—This will have to do for now:thecrew2

* * * * *

The Cabin Boy’s™ Copyright Karma eventually caught up with him. During one of his sojourns as editor of Breitbart Umasked Bunny Billy Boy Brett Unread, he used material from Hogewash! in a post at BU. I filed a DMCA notice with BU‘s web host who informed BU that access to their site would be blocked for 10 days if they did not respond with a counter notice. A DCMA counter notice must contain information that will allow service of process. Rather than identify the owner or an agent for BU, the site was taken off shore.

Cowardly cowards gotta cower.

Team Kimberlin Post of the Day

Bill Schmalfeldt never amounted to much, but over the past five years that he’s been trying to cyberstalk and harass me, he’s managed to diminish himself and his place in the world even further. This year has seen a particularly rapid decline.

As 2016 turned the corner into 2017, the Cabin Boy™ moved from a nice apartment in a complex for senior citizens near Milwaukee to a bungalow in Clinton, Iowa. His Stage Eleventy-Six Parkinson’s disease went into sufficient remission that was was able to drive and hold down a job. But not for long.

Within weeks of returning to the airwaves as an afternoon DJ, he was let go for what appears to be insubordination (based on Tweets he published around that time). It also seems that shortly thereafter his driving skills had sufficiently deteriorated that he managed to ruin a couple of tires on the beater he had bought. His futile attempt to blame someone else for the damage failed, and the Clinton Police Department took no action on his complaint.

After less than four months in Clinton, “they know me here,” Iowa, the Cabin Boy™ moved to South Carolina, ostensibly for love. He hadn’t been there long when found that he was going to be stuck living in extended stay hotels and motels because he could not qualify to rent a house or apartment. That realization appears to be one of the triggers for Schmalfeldt’s LOLsuit VIII: Avoiding Contact. Indeed, he alleged in that LOLsuit that South Carolina landlords were refusing to rent to him because of what they had read after doing Google searches on his name. Of course, he had no evidence to support such a claim, as Magistrate Judge West pointed out in her Recommendation that the case be dismissed:

It is noted that Plaintiff provides no proof other than his own self-serving statements …

And another of The Dreadful Pro-Se Schmalfeldt’s LOLsuits has bitten the dust.

So the Cabin Boy’s™ living arrangements look to be spiraling further down hill. The jokes about cardboard boxes and dumpsters may not be too far off.

Schmalfeldt appears to believe that he had one win during the year. He did, sorta kinda, in that I was not awarded damages in my breach of contract lawsuit against him. However, the court found that he breached the contract, and during the course of the case, he admitted to the knowing use of my copyrighted works without permission. He didn’t appeal the findings in that case, so they are now settled. And useful. As I’ve said before, I’m not done with Schmalfeldt yet.

If he doesn’t self-destruct first.

Team Kimberlin Post of the Day

Now that my motion to amend the verdict in the Hoge v. Kimberlin, et al. lawsuit has been denied, I have a bit more than three weeks to file an notice of appeal the case. I’ve consulted with my legal counsel and decided on the general outline of a plan for dealing with the matters involved. On the advice of my counsel, I will not be discussing any steps I plan to take in advance.

On Copyrights

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.


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


For the Record

The Gentle Reader will not find any mention of the DMCA in the text of the CreateSpace email attached at the bottom. The idea that I relied on the DMCA in my communications with CreateSpace is simply an invention of the CabinBoy’s™ fevered imagination.

* * * * *

From: Bill Schmalfeldt bschmalfeldt@[redacted]
Subject: OFFICIAL DMCA COUNTERNOTICE Notice of Copyright Concerns Received: 5817150
Date: 23 November, 2015 at 01:30 +00:00 UTC
To: DMCA: Copyright

In the matter of the DMCA Takedown Request by WJJ Hoge III, 20 Ridge Road, Westminster, MD of my copyrighted work, a book by the title of “Confessions of an Undercover Troll,” I claim under threat of perjury:

I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

That the person filing the DMCA takedown request is not the copyright owner of the work.

That the person filing the DMCA takedown request is not the “appointed agent” of the copyright holder.

I submit to the jurisdiction of the United States District Court for the District of Wisconsin, Eastern District.

According to the US Copyright Office, Mr. Hoge has 10-14 days to produce a court order from the above District Court proving himself either the copyright owner, or the appointed agent of the alleged copyright owner, revealing the name and address of the person for whom Mr. Hoge has made the claim as an appointed agent. Mr. Hoge does not provide CreateSpace with such a court order from the US District Court for the District of Wisconsin, Eastern Division, by Monday, Dec, 7, then by law Create Space is obligated to make my book available at once and should file charges against Mr. Hoge for filing a false DMCA Takedown Request.

Please respond indicating that you understand your duties in securing my rights as the author and copyright holder of this book, and that you will restore it as soon as you can legally do so.

My Electronic Signature

William M. Schmalfeldt
Saint Francis, WI 53235

On Nov 22, 2015, at 7:04 PM, Bill Schmalfeldt <bschmalfeldt@[redacted]> wrote:

Please provide, at once, the logic Mr. Hoge uses to file his DMCA takedown,

Is he:

A: Claiming Ownership of the work in question or
B. The appointed agent for someone else claiming ownership of the work?

Until such time as either of these questions are answered, what you have is a false DMCA takedown as only the copyright owner or his/her appointed agent can request a takedown. Please restore the book at once until these questions are answered.

Please understand that I intend to pursue charges for false DMCA takedown unless this matter is resolved at once,

Wiliam M. Schmalfeldt

On Nov 22, 2015, at 5:30 PM, DMCA: Copyright <> <> wrote:

Dear Bill Schmalfeldt,

We have received notice from a third party regarding copyright concerns over “Confessions of an Undercover Internet Troll ”, Title ID:5817150 . Please be advised that we do not involve ourselves in third party disputes and therefore have removed the availability of the title through our systems until this matter is resolved.

Here you will find information on the party that submitted the notice:

William Hoge

Please also be aware that we will be supplying your contact information to the party that filed this notice.

Once a resolution has been reached between both parties concerning the title, please contact us via so that we may take the appropriate action regarding the title.

* * * * *

Stupid is as stupid does.

UPDATE—This just appeared in my email inbox. From the timestamp it appears that it was sent a few minutes after the Cabin Boy™ disconnected from his last login to Hogewash!

* * * * *

From: Bill Schmalfeldt bschmalfeldt@[redacted]
Subject: Re: CreateSpace – Notice of Copyright Concerns Received:5817150
Date: 23 November, 2015 at 20:39 +00:00 UTC
To: DMCA: Copyright

Could you answer a question for me and answer it quickly as possible, please, regarding your removal of “Confessions of an Undercover Troll” from your CreateSpace shelves?

The complainant, WJJ Hoge III, says he did not file a DMCA takedown request. He merely informed your that I had copied something from his website.

Which is true? Did he file a DMCA complaint, or did he merely inform you that I used a part of his website without his permission?

This is a very important question. If it was a DMCA takedown, I have an avenue to address that, If you just automatically remove a book because some jerk comes along and claims he was copied, what’s to stop me or anyone else from taking every book off your shelf by stating “the author stole from my work”?

Mr. Hoge claims I “stole” several paragraphs from his blog, dated September 3, 2012.

Here’s what was posted on that date.

Some bozo calling himself the Liberal Grouch appears to be a member of Brett Kimberlin’s clown posse, and he’s threatening to sue Aaron Walker for defamation. He believes that Mr. Walker defamed him because he was accurately quoted in postings tweeted by Mr. Walker.

You can find the details of the exchange in question here, including tweets/posts that the Liberal Grouch deleted (perhaps in an attempt to erase evidence?).

Team Kimberlin is saying that they will start a “legal defense fund” for the Liberal Grouch if he sues Mr. Walker. They have the right idea because he will need a defense fund when the counterclaims come back from Aaron Walker.

Oh, and if Bill Schmalfeldt (if that’s his real name) is stupid enough to sue Aaron Walker, I’ll be first in line to make a substantial contribution to the Blogger Defense Team to help defray Mr. Walker’s legal expenses.

UPDATE—@LiberalGrouch tweets that I should read his side of the story. I have. My comments above stand.

Now, here’s what I wrote on pages 8-9 of “Confessions of an Undercover Troll”

Some bozo calling himself the Liberal Grump appears to be a member of Brent Timmerman’s clown posse, and he’s threatening to sue Aaron Slouch for defamation. He believes that Mr. Slouch defamed him because he was accurately quoted in postings tweeted by Mr. Slouch.

You can find the details of the exchange in question here, including tweets/posts that the Liberal Grump deleted (perhaps in an attempt to erase evidence?).

Team Timmerman is saying that they will start a “legal defense fund” for the Liberal Grump if he sues Mr. Slouch. They have the right idea because he will need a defense fund when the counterclaims come back from Aaron Slouch.

Oh, and if Bill Parvocampus (if that’s his real name) is stupid enough to sue Aaron Slouch, I’ll be first in line to make a substantial contribution to the Blogger Defense Team to help defray Mr. Slouch’s legal expenses.

UPDATE—@LiberalGrump tweets that I should read his side of the story. I have. My comments above stand.

Now, if Mr. Hoge filed a DMCA takedown, he needs to get a court order from the US District Court for the District of Wisconsin claiming copyright infringement. As Mr. Hoge has never registered these 5 paragraphs with the US Copyright Office he will find hard sledding in trying to sue me for infringement for an obviously derivative, fair use of the material. He has until Dec.7 to do so, or the book goes back up.

If he did NOT file a DMCA takedown, I am not asking you to settle a copyright dispute as none exists, I have applied for copyright for this book, Mr. Hoge has not applied for copyright for his blog, so he could not prevail in court.

If Mr. Hoge did not file a DMCA takedown, I expect you to return my book to the shelves immediately or face legal actions for abrogating your duties under the DMCA Act of 1998.

William M. Schmalfeldt

* * * * *

I really didn’t file a DMCA notice. I used Amazon’s online form which has nothing to do with the DMCA.

UPDATE 2—<sarc>I’m sure Amazon is quaking in their collective boots at the prospect of facing “legal actions for abrogating your duties under the DMCA Act of 1998.”</sarc> OTOH, he’ll have to sue them in Seattle, and the weather is nicer there in the winter that it is in Milwaukee.

Team Kimberlin Post of the Day

When I returned home Sunday evening, I found these in my Twitter timeline.TheMerryWidower20151123xxxxZ

I haven’t sent a Digital Millennium Copyright Act notice to any company or individual concerning Confession of an Undercover Internet Troll, a book which the Cabin Boy™ originally insisted he did not write. I did, however, make CreateSpace and Amazon aware that a part of the book on pages 8 and 9 appears to have been copied without permission from a blog post here at Hogewash!. It seems that Amazon has investigated the matter and decided to discontinue selling the book. That was their business decision.

Since I haven’t made a DMCA claim, I don’t believe that any DMCA counternotice provisions apply to Amazon’s decision. Perhaps the Cabin Boy™ should seek competent legal advice from an attorney who specializes in intellectual property law.

In Re a Settlement Agreement

As part of his end of the bargain in the settlement agreement for the Hoge v. Schmalfeldt copyright lawsuit, Bill Schmalfeldt agreed to take down all of the material that I alleged infringed my copyrights. Further, he agreed not to use any of my material without permission.

As of 10 am ET today, the following could be found at schmalfeldt dot org.schmalfeldtdotorg20141126This pdf of Schmalfeldt’s My Slow, Journalistic Death was originally posted on the now-defunct patriot-ombudsman dot com site. The Cabin Boy™ apparently moved it to his newer site. The Gentle Readers who have followed the saga of the Cabin Boy’s™ copyright infringements may remember that it was this was one of the books that triggered my lawsuit.

I am not amused.

UPDATE—The Cabin Boy™ can’t seem to get his story straight. In one tweet he tries to show that the pdf referenced above is not on his website. In another tweet he complains that the image above is from his website.


In Re A Settlement Agreement

Among the terms of the settlement agreement for the Hoge v. Schmalfeldt copyright infringement lawsuit was a mutual agreement between us not to publish each other’s copyrighted materials without permission. Tweets are exempted from the republication ban because Twitter’s ToS require that a license to republish is granted when one posts a tweet.

It has come to my attention that items originally published at Hogewash! are being published on the Internet without permission by Bill Schmalfeldt.

If this continues, I shall take steps to enforce the settlement agreement.

A Copyright Hypothetical

Consider a writer called Mr. K. He writes a parody of another writer’s work and publishes it online.

The second writer, let’s call him Mr. S, takes almost all of K’s parody and republishes in a book without permission, daring K to sue him for copyright infringement. K sells the book rights to his work to a third party, let’s call him Mr. 3, who jointly registers the copyright to K’s work with K and who does, in fact, sue S for infringement. S and 3 wind up settling the lawsuit, and S believes that he has gotten away with his infringement.

Emboldened, S registers the copyright for a second one of his books and threatens to file a lawsuit against a fourth party (Mr. G, who S believes to be K) for some imagined infringement of his second book. Because he waited almost four years after the date of first publication of his book, S is outside of the registration within three months of publication window for statuary damages. All he can claim is his actual damages from lost sales—on a book that hasn’t sold any copies for months.

K notices that S published a pdf copy online of the book containing the ripoff of his parody. Since his copyright was registered within the three month window of first publication, since S’s dare to sue opens the possibility of enhanced statuary damages of $150,000, and since K is not a party to the settlement agreement between S and 3, K realizes that he has standing to sue.

In Re ELH-14-CV-1683

As a result of the settlement conference with Magistrate Judge Sullivan, Bill Schmalfeldt and I have reached a settlement agreement on what I believe are favorable terms.

I will dismiss my lawsuit, and Schmalfeldt will dismiss his counterclaims against both “Paul Krendler” and me. All infringing material will be taken down.

The Gentle Reader should expect to see some changes in Bill Schmalfeldt’s activities on the Internet.

UPDATE—I recommend that Bill Schmalfeldt be given the opportunity to make the changes in his Internet presence that he described to me. He will probably be more successful in doing so if folks don’t joggle his elbow. Each person is free to speak, largely limited by their conscience and a few rules, but it may be best to give him some space for a few days to see how he does.

A Settlement Conference

At the end of the hearing for the preliminary injunction I sought in the Hoge v. Schmalfeldt copyright infringement case, Judge Hollander offered the possibility of a settlement conference presided over by a Magistrate Judge. Because I was amenable to the idea, she ordered both The Dreadful Pro-Se Schmalfeldt™ and me to participate in such a meeting. The conference was originally scheduled in November, but it has been move up to today.

It will be held beginning at 10 am in the chambers of Magistrate Judge Sullivan.

In Re ELH-14-CV-1683

This afternoon, I received three sets of court papers in the mail from The Dreadful Pro-Se Schmalfeldt™. rnusa201408051707Z

I did enjoy that mail. My reaction might best be described with the Interwebz acronym ROFLMAO.

TDPS™ has posted all three filings over at his website, but they need to be someplace that actually has traffic. Here are two of them. I’d post the third, but since it reveals TDPS™ settlement position, I’m forbidden from publishing it by the Court’s Local Rule 607.4.

This is Acme Legal at its finest.

UPDATE—Redactions in the body of TDPS’s™ reply to my opposition to his motion for summary judgment relate to his settlement position.

Team Kimberlin Post of the Day

It will be a busy week.

The first part of the week will be spent preparing for Thursday and Friday.

There’s a hearing scheduled on Thursday in the Kimberlin v. Walker, et al. nuisance lawsuit in the Circuit Court for Montgomery County. There are two main issues to be considered. First, The Dread Pro-Se Kimberlin has filed for a preliminary injunction asking for prior restraint on my codefendant’s and my First Amendment rights to publish. Second, Aaron Walker, Stacy McCain, and I have filed new motions for summary judgment on the remaining two claims in the lawsuit.

On Friday, paperwork supporting my position for the settlement conference in the Hoge v. Schmalfeldt copyright case is due to Judge Sullivan.

Stay tuned.

Stupid Is As Stupid Does

Over the last 24 hours, the Dreadful Pro-Se Schmalfeldt™ has been running off at the keyboard as he rants about the Hoge v. Schmalfeldt copyright infringement lawsuit. In doing so, he has made a series of admissions against interest that demonstrate that there are material facts still disputed in the case. Those admissions destroy his grounds for seeking summary judgment.

He has the right to remain silent. He lacks the wisdom.

Prevarication Du Jour

rnusa201408011918ZOh, I’m lying, am I?

Here’s what I allege in paragraph 19 of my Amended Complaint.WJJH v WMS ECF 9-19WJJH v WMS ECF 39-19Here’s is how The Dreadful Pro-Se Schmalfeldt™ answered that allegation. There’s no qualification. He made a flat-out denial of everything alleged in the paragraph. That means that he denied publishing the ebook and that he offered it for sale. That may not have been what he meant, but it is what he said.

In Re ELH-14-CV-1683

The Dreadful Pro-Se Schmalfeldt™ filed a motion for summary judgement in the Hoge v. Schmalfeldt copyright infringement case. I have filed a memorandum opposing his motion.

My opposition speaks for itself. I do not intend to comment further on the motion for summary judgment until the Court has ruled on it.

In Re ELH-14-CV-1683

Last week, The Dreadful Pro-Se Schmalfeldt™ filed a motion for leave to file a second amended counterclaim in the Hoge v. Schmalfeldt copyright infringement lawsuit. Yesteday, I filed an opposition to his motion.

My opposition speaks for itself, so I do not plan to make any substantive comments about it until the court rules on TDPS’s™ motion.




/s/ William John Joseph Hoge.
25 July, 2014