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.

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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.

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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 force 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.

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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?

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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.

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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

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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.

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.