I received this email from WordPress yesterday afternoon—

IIRC, all of the images that the Cabin Boy™ bitches about in his DMCA notice were published on Twitter. That gives other Twitter users a royalty-free license to republish them. Now, I don’t know whether all of the commenters involved have Twitter accounts, but even use by someone who isn’t a Twitter user or use of an image not published on Twitter would probably be covered by Fair Use as noted in Twitter’s email.

BTW, it was a righteous DMCA notice concerning an image that the Cabin Boy™ foolishly used that forced Breitbart Unmasked Bunny Billy Boy Unread to flee to an off-shore server.

Failing failures gotta fail.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin’s copyright trolling lawsuit is about to be dismissed with prejudice, and that will relieve him of having to deal with the problem of altered Certified Mail green cards in front of Judge Titus. However, those cards are still part of the record. As such they can be used to impeach TDPK’s reliability as a witness or the authenticity of other documents he submits.

For example, here’s one of the green cards he submitted in the copyright case, together with the USPS tracking information. Notice that Restricted Delivery is checked on the card, but it is not shown as one of the services paid for on the tracking info.

T1ThomasThe cards in question are exhibits that TDPK submitted himself.

They will come back to haunt him.

In Re Kimberlin v. Kimberlin Unmasked

The Dread Pro-Se Kimberlin has reached a settlement with Lynn Thomas and Peter Malone, the two individuals he alleges to be Kimberlin Unmasked, in his copyright trolling case.

TDPK never had much of a case. He said that Justice Through Music Project owned some of the copyrights, and he didn’t have standing to sue for those. He failed to register the copyrights he did own in a timely manner which created other problems for the viability of any suit.

I am unaware of the terms of any settlement agreement.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin has had a bit of a mixed week. One judge granted his motions for alternate service of process while another denied a similar motion in another case that relied on the same set of facts. Lynn Thomas, one of the two persons that TDPK claims to be Kimberlin Unmasked, is a subject of both motions. She may now be served by email in the Kimberlin v. The Universe, et al. RICO Madness but not in the Kimberlin v. Kimberlinunmasked copyright trolling lawsuit. As I noted yesterday, that creates a split between judges sitting in the same courthouse.

TDPK also received an additional 54-day delay in the due date of his omnibus opposition to the motions to dismiss in the RICO Madness. Consequently, our defendants’ replies to his opposition are now due on 8 January, 2015, a 52-day delay.

Here’s the net of all that as I see it.

TDPK can now serve three of the remaining unserved defendants in the RICO Madness by email. Given his record to date, there is a significant possibility that he will screw up that service.

The delay in dealing with motions to dismiss in the RICO Madness will result in 7+ weeks of additional Team Kimberlin Posts of the Day discussing that case and related issues. Hello, Streisand Effect!

The 120-day period for service of process in the copyright trolling lawsuit timed out back in July. I would not be surprised if Judge Titus sua sponte dismissed the suit for non-prosecution.

Brett Kimberlin keeps saying that various defendants want to settle the RICO suit. I suppose that’s true in a certain sense. Some of us might be willing to settle if he offered a sufficiently large payment for their troubles and dismissed the suit with prejudice. And that’s probably the best case scenario for him at this point if the judge doesn’t grant our motions to dismiss. Otherwise, we go on to discovery and depositions.


As some day it may happen that a witness must be found,
I’ve got a little list, I’ve got a little list …
(Apologies to W. S. Gilbert)

Stay tuned.