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


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.

* * * * *

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

* * * * *

The Cabin Boy™ huffed and puffed, but his claim failed.

Team Kimberlin Post of the Day


Most of the lies told by the members of Team Kimberlin are so poorly crafted that they are instantly seen through. They just don’t seem to have the mental capacity to be good liars. Indeed, Bill Schmalfeldt’s mental incontinence (not a typo) has been a robust source of pointage, laughery, and mockification. This post from five years ago today deals with an example.

* * * * *

Nomex is a fire retardant material made by DuPont that is used for everything from military flight suits to firefighting equipment. Given how often his pants must be on fire, the Cabin Boy should probably wear Nomex Depends.

He even lies about being caught in his lies.BS201308290237Z

Never pointed out a lie, huh? Here’s one.BS201308261840Z

As I pointed out here, I made no such demand of the Cabin Boy or his web host recently. However, he was sent another DMCA takedown notice from the copyright holder of my headshot that is on the Hogewash! About page last Saturday.

Liar, liar, pants on fire!

UPDATED—Of course, the Cabin Boy tries to lie his way out of this one.BS201308291120ZBS201308291121Z

Pretend for a moment that I did, in fact, contact the photographer who owns the copyright to the picture involved. So what? He has had to send Schmalfeldt a DMCA notice before; he (or his lawyer) may have asked me to advise him of further violations. I could have done so without demanding that anything be done. But suppose I didn’t contact him. The photographer may have been spot checking Schmalfeldt’s blogging and tweeting to look for a further violation himself. Or perhaps someone else tipped off the photographer. Schmalfeldt doesn’t present any evidence of what happened. I doubt that he has any.

Here’s his new lie—”saying that HOGE had the picture taken down” is not what his original tweet said. He writes of my demand that photos be removed. It’s clear from the actual DMCA takedown notice that I did not make such a demand.

Do you see what he’s doing?

He’s saying something, getting caught, and trying to say that he said (or meant) something else.

Oh, one more thing … That tagline, “Such a sad, lonely old man,” reminded me of some lines that seems to fit Sore Loserman Bill. They’re from the Beatle’s song Mean Mr. Mustard:

Always shouts out something obscene.
Such a dirty old man.
Such a dirty old man.

* * * * *

The Cabin Boy’s™ sloppy handling of copyright issues has been a significant problem for him and for Team Kimberlin in general. Not only has he personally hit with multiple DMCA takedowns, but his use of material from Hogewash! while editor of Breitbart Unmasked Bunny Billy Boy Brett Unread resulted in that site having to move to an off-shore server and its sliding into even deeper obscurity.

And none of the DMCA takedowns he’s sent have resulted in a permanent removal of any material.

Maybe mental incompetence would have fit in the first paragraph as well.

Team Kimberlin Post of the Day


The Gentle Reader who has been following The Saga of Team Kimberlin for a few years may remember that in early 2017 Bill Schmalfeldt used his position as editor of Breitbart Unmasked Bunny Billy Boy Unread to publish a series of defamatory posts accusing me of plagiarism. He used without permission material from Hogewash! in one those posts, so I filed a DMCA notice with the ISP hosting BU which resulted in BU receiving an email which read in part:

For your information, I have received the following/attached notice of copyright infringement. The infringing materials must be removed from your site within 24 hours, or under the Digital Millennium Copyright Act (DMCA), we are required to block access to your site. Once we have had to do that, we cannot unblock it for a minimum of 10 days after you respond with the proper counter-notification under the DMCA or the individual submitting the notification advises us that the material has been removed.

Filing a counternotice would have required providing information concerning the actual ownership of BU and information for service of process on the owner and/or operator. Rather than give up that information, the site was moved offshore, first to Iceland and then to Holland. The Cabin Boy’s™ Breitbit News site moved to the same server at about the same time.

The other site hosted on that Dutch server is empr dot media, a Ukrainian “news” site. Of course, it could be purely coincidental, but I find it interesting that BU moved to a server hosting a Ukrainian PR website while Brett Kimberlin was working closely with a Ukrainian-American operative of the Democratic National Committee on a project to dig up dirt on the Trump Administration.

Hmmmmm.

Team Kimberlin Post of the Day


The Breitbart Unmasked Bunny Billy Boy Brett Unread website was originally hosted offshore. It moved onshore when the Kimberlin-related websites were consolidated on a server farm in Arizona. However, when during the Cabin Boy’s™ campaign to tar me as a plagiarist last year, he screwed up and published some material from Hogewash! on BU. As the TKPOTD from a year ago today reported, that resulted in BU being hit with a DMCA takedown notice.

* * * * *

Rather than do the right thing and take down, retract, and apologize for the Cabin Boy’s™ defamatory rant about non-existent plagiarism, Breitbart Unmasked Bunny Billy Boy Unread doubled down and then tripled down on stupid by publishing two more posts defaming me prior to the 12 noon deadline I gave them for a takedown. In response, I have taken the first steps necessary to deal with their behavior.

One of those steps resulted in Breitbart Unmasked Bunny Billy Boy Unread receiving an email from their ISP which reads in part:

For your information, I have received the following/attached notice of copyright infringement. The infringing materials must be removed from your site within 24 hours, or under the Digital Millennium Copyright Act (DMCA), we are required to block access to your site. Once we have had to do that, we cannot unblock it for a minimum of 10 days after you respond with the proper counter-notification under the DMCA or the individual submitting the notification advises us that the material has been removed.

That may explain this—fmp201701252257z

Stay tuned.

* * * * *

Rather than defend against the notice, BU‘s web hosting was moved back offshore.

Cowardly cowards gotta cower.

DMCA LULZ Du Jour


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.

He Bravely Turned His Tail and Fled


When DMCA raised its ugly head,
He bravely turned his tail and fled.
Bravest of the brave, Sir William!

Rather than obey U. S. copyright law, Breitbart Unmasked Bunny Billy Boy Unread has fled to an off shore server. So Marcus Crassus can talk tough hiding on a server in Iceland, but seems to be afraid to speak his mind here in America.

#Cowards

UPDATE—Lest the Plagiarism Polizei become excessively agitated, let me state that the short ditty above is a parody of the song about Brave Sir Robin from Monty Python and the Holy Grail. Furthermore, the parody is not my creation. I saw it, or something very much like it, in a cartoon published by a cockroach.

#BillSchmalfeldt Files Fraudulent DMCA Takedown Notice


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/
http://automattic.com/dmca/dmca-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/

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8. https://hogewash.com/2014/05/21/m60-ucd1/

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9. https://hogewash.com/2014/05/20/cygnus-ob2-9/

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10. https://hogewash.com/2014/05/19/the-giant-red-spot/

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11. https://hogewash.com/2014/05/18/the-not-so-giant-red-spot/

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12. https://hogewash.com/2014/05/16/neptune-triton-rings-and-stars/

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13. https://hogewash.com/2014/05/15/inside-the-flame-nebula-2/

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14. https://hogewash.com/2014/05/14/pan-and-zoom/

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15. https://hogewash.com/2014/05/13/a-stellar-survivor/

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16. https://hogewash.com/2014/05/12/the-grand-canyon-of-mars/

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17. https://hogewash.com/2014/05/11/infrared-andromeda/

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18. https://hogewash.com/2014/05/10/coronal-hole-squared/

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19. https://hogewash.com/2014/05/09/b-and-c-in-uv/

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20. https://hogewash.com/2014/05/08/inside-the-flame-nebula/

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21. https://hogewash.com/2014/05/07/outbound/

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22. https://hogewash.com/2014/05/06/53-years-ago-yesterday/

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23. https://hogewash.com/2014/05/05/thats-no-moon-its-a-space-station/

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24. https://hogewash.com/2014/05/04/whats-up-for-may/

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25. https://hogewash.com/2014/05/03/m61-2/

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26. https://hogewash.com/2014/05/02/26749/

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27. https://hogewash.com/2014/05/01/the-pleiades-2/

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28. https://hogewash.com/2014/04/30/rings-and-shadows/

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29. https://hogewash.com/2014/04/29/missed-it-by-that-much-2/

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30. https://hogewash.com/2014/04/27/asteroids-3/

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31. https://hogewash.com/2014/04/26/brown-dwarf/

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32. https://hogewash.com/2014/04/25/m5/

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33. https://hogewash.com/2014/04/24/arp-81/

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34. https://hogewash.com/2014/04/23/m101-in-ir/

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35. https://hogewash.com/2014/04/21/just-a-bit-blurry/

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36. https://hogewash.com/2014/04/20/mariner-4-and-mars/

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37. https://hogewash.com/2014/04/19/the-tadpole/

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38, https://hogewash.com/2014/04/18/surveyor-3-and-apollo-12/

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39. https://hogewash.com/2014/04/16/new-moon-2/

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40. https://hogewash.com/2014/04/15/a-horsehead-of-a-different-color-2/

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41. https://hogewash.com/2014/04/12/mergers-and-acquisitions-2/

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42. https://hogewash.com/2014/04/11/el-gordo-2/

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43. https://hogewash.com/2014/04/09/get-ready-for-the-eclipse/

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44. https://hogewash.com/2014/04/05/a-solar-flare-2/

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45. https://hogewash.com/2014/04/04/themis/

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46. https://hogewash.com/2014/04/03/mars-in-opposition/

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47. https://hogewash.com/2014/04/01/encountering-hyperion/

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48. https://hogewash.com/2014/03/31/ios-true-colors/

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49. https://hogewash.com/2014/03/30/hollows-on-mercury/

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50. https://hogewash.com/2014/03/29/1000-km-closer-to-mars/

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51. https://hogewash.com/2014/03/27/you-cant-see-it-from-here/

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52. https://hogewash.com/2014/03/25/breaking-up-is-hard-to-do/

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53. https://hogewash.com/2014/03/24/confused-hubble/

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54. https://hogewash.com/2014/03/22/a-seyfert-galaxy/

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55. https://hogewash.com/2014/03/21/coming-attractions-lunar-eclipses/

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56. https://hogewash.com/2014/03/20/measuring-a-black-holes-spin/

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57. https://hogewash.com/2014/03/19/the-moons-north-pole/

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58. https://hogewash.com/2014/03/18/the-monkey-head-nebula/

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59. https://hogewash.com/2014/03/17/hubble-nets-a-butterfly/

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60. https://hogewash.com/2014/03/16/missed-it-by-that-much/

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61. https://hogewash.com/2014/03/15/preview-of-coming-attractions-3/

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62. https://hogewash.com/2014/03/12/the-sun-in-january/

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63. https://hogewash.com/2014/03/11/a-swift-tour-of-andromeda/

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64. https://hogewash.com/2014/03/10/wimpy-x-rays/

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65. https://hogewash.com/2014/03/09/exoplanets-and-exocomets/

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66. https://hogewash.com/2014/03/08/a-telescope-larger-than-a-galaxy/

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67. https://hogewash.com/2014/03/07/the-sand-dunes-of-mars/

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68. https://hogewash.com/2014/03/06/a-day-on-mercury/

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69. https://hogewash.com/2014/03/03/martian-sunset/

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70. https://hogewash.com/2014/03/02/surveyor-1/

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Clicky Steve | Community Guardian | WordPress.com

BS201407141324Z

A Note About Copyrights


Copyright is the right of the author of the work or the author’s heirs or assignees, not of the one who only owns or possesses the physical work itself. Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. If you don’t believe me, you can look it up at the website of the U. S. Copyright Office.

I bring this up because one of the forms of lawfare that Team Kimberlin engages in is false copyright claims. For example, The Dread Pro-Se Kimberlin has filed a lawsuit against Kimberlin Unmasked for copyright infringement. There is some question as to whether or not TDPK actually owns any of the images he is suing over. They are all pictures of him, and, unless he is claiming that all those Op-Critical music videos are selfies, he isn’t the “author” of the images. I suppose he could claim that the videos were “work-for-hire,” but who did the hiring? Did Brett Kimberlin, who has been paying himself $19,500 a year, pay for the production of those videos? Including the one’s that are marked © Justice Through Music? There are ownership problems with his claims.

Even if TDPK owned the copyrights, Kimberlin Unmasked’s “quoting” of the copyrighted works would be allowed under the Fair Use Doctrine as criticism, commentary, or parody.

TDPK isn’t the only copyright troll in Team Kimberlin. Bill Schmalfeldt has a go at trolling from time to time. Last summer, he filed DMCA takedown notices against this blog concerning images of which he was not the author and whose copyrights he probably did not own. More recently, he’s been trying to assert parody images of him are harassment. If the legal theory behind that idea held water, editorial cartoonists would be in a world of hurt.

It’s all part of Brett Kimberlin’s brass knuckles reputation management scheme—nuisance claims and vexatious lawsuits done solely as exercises in shutupery. To that end, Kimberlin has filed lawsuits in state and federal court attacking bloggers for writing truthful things about him, and I’m on the receiving end of a couple of those suits. You can help my four codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me fight TDPK’s attack our First Amendment rights in the Kimberlin v. Walker, et al. suit. Go to Bomber Sues Bloggers to find out how.

On the Ownership of Copyrights


The following is from the Copyright Office‘s website:

Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the employer or commissioning party is considered to be the author.

Being the subject of a photograph does not give anyone a copyright to the picture. The copyright belongs to the photographer unless it is work-for-hire. The copyright belongs to the photographer’s employer in that case. Simply being given a print or digital copy of a photo doesn’t transfer the copyright either.

I don’t own most of the pictures of me on my various websites. Most are used under license or by permission. The few that I do own were made as works-for-hire.

Bill Schmalfeldt gets his panties in a knot over uses of his image by others, and he has tried to use the DMCA to get those images taken down. Many of the uses he’s complained of have been clear examples of Fair Use. In other cases he asserted ownership of pictures that he clearly did not make and probably doesn’t own.

In his most recent DMCA nonsense the Cabin Boy is claiming to own the copyright on a family snapshot. Perhaps he paid the photographer. Or perhaps he has a written transfer document. He’s threatening “further legal action.” If he’s serious, I suppose we’ll see his documentation when he produces it as part of the discovery any defendant will surely seek.

UPDATE—Even buying a print of a picture from a photographer doesn’t transfer the copyright to the buyer any more than buying a copy of a book would.

#BillSchmalfeldt and the DMCA


Cabin Boy Bill has got himself in another DMCA mess. He sent a takedown notice to a Tumblr blog called Bill Schmalfeldt’s Lies. That blog is operated by the anonymous blogger GhostRadioOnlin, and Ali Akbar of the National Bloggers Club has stepped forward to act as the authorized agent of the anonymous blogger in filing a counter notice.

Schmalfeldt has reacted in a predictably unhinged manner. First, he falsely accused Ali Akbar of claiming to own the Tumblr blog in question. Now, he is claiming that Ali Akbar isn’t the authorized agent for GhostRadioOnlin and that the National Bloggers Club doesn’t exist. As evidence of the club’s non-existence, he says that we (Yes, I’m a member.) don’t have a website.nbc_site

That’s what our homepage looked like at around 6 ET this evening.

And in other news … Ali Akbar’s Twitter account came under spambot follower attack just after 6:15 this evening.

UPDATE—Someone asked me how I know about Schmalfeldt’s claim about the National Bloggers Club not existing. He sent a couple of comments to Hogewash! (No, they didn’t get past moderation.) about his post at the Team Schmalfeldt (No, I won’t link to it.) blog.

UPDATE 2—Stacy McCain has more details about Ali Akbar’s DMCA counter notice.

Team Kimberlin Post of the Day


Bill Schmalfeldt Here’s the new home of Fight the Right Radio. We had to switch servers because of Right Wing [redacted]. pic.twitter.com/0wkeOPtA7V
5:22 PM – 3 Sep 13

Right Wing [redacted]? Not exactly.

Cabin Boy Bill has been using images of me in various pictures that he creates for his blogs. Some have been silly. Some have been obscene. There’s one image in particular, the headshot from this blog’s About page, that keeps causing him trouble. You see, the copyright holder (not me) objects to Schmalfeldt’s use of his material, and he keeps sending DMCA takedown notices. A week or so ago, he sent notices for two such offending images. According to an email forwarded to me by the copyright holder, Schmafeldt was told by his hosting provider to remove the images or else. He did remove them, but, within days, he put them back up with the following statement.

At some point today we will see Mr. Hoge blathering about THIS post, demanding that I remove the images again, (And [redacted] him. CLOSE DOWN THIS SITE! I AM NOT TAKING THESE IMAGES DOWN AGAIN!)

That did not sit well with the photographer who owns the right to the picture, so he sent a second pair of DMCA notices as well as a third notice for another infringing use. BTW, it’s the photographer and not me who sent those notices.

Guess what the Cabin Boy’s hosting service did?

Yep. They pulled the plug on his lordofsatire dot com site.

I may be losing count, but I think that this is the third or fourth site since late July that the Cabin Boy has lost because of infringing either on copyrights or publicity/privacy rights tied to a photograph. He has had all that trouble because he refused to obey the law, in this most recent case, the Copyright Act, but he has a solution for that. He seems to be moving his stuff off-shore, probably to a foreign hosting service that probably will ignore DCMA notices.

Scofflaw.

Oh, one more thing … I’m also losing track of all the name changes for his Internet radio programming. For simplicity’s sake, I think I’ll go back to the early June name and refer to it as Derp Brain Radio.

Does #BillSchmalfeldt Wear Nomex Depends?


Nomex is a fire retardant material made by DuPont that is used for everything from military flight suits to firefighting equipment. Given how often his pants must be on fire, the Cabin Boy should probably wear Nomex Depends.

He even lies about being caught in his lies.BS201308290237Z

Never pointed out a lie, huh? Here’s one.BS201308261840Z

As I pointed out here, I made no such demand of the Cabin Boy or his web host recently. However, he was sent another DMCA takedown notice from the copyright holder of my headshot that is on the Hogewash! About page last Saturday.

Liar, liar, pants on fire!

UPDATED—Of course, the Cabin Boy tries to lie his way out of this one.BS201308291120ZBS201308291121Z

Pretend for a moment that I did, in fact, contact the photographer who owns the copyright to the picture involved. So what? He has had to send Schmalfeldt a DMCA notice before; he (or his lawyer) may have asked me to advise him of further violations. I could have done so without demanding that anything be done. But suppose I didn’t contact him. The photographer may have been spot checking Schmalfeldt’s blogging and tweeting to look for a further violation himself. Or perhaps someone else tipped off the photographer. Schmalfeldt doesn’t present any evidence of what happened. I doubt that he has any.

Here’s his new lie—”saying that HOGE had the picture taken down” is not what his original tweet said. He writes of my demand that photos be removed. It’s clear from the actual DMCA takedown notice that I did not make such a demand.

Do you see what he’s doing?

He’s saying something, getting caught, and trying to say that he said (or meant) something else.

Oh, one more thing … That tagline, “Such a sad, lonely old man,” reminded me of some lines that seems to fit Sore Loserman Bill. They’re from the Beatle’s song Mean Mr. Mustard:

Always shouts out something obscene.
Such a dirty old man.
Such a dirty old man.

#BillSchmalfeldt and the DMCA, Again


Earlier this afternoon, the Cabin Boy tweeted

Bill Schmalfeldt Hoge grabs pictures I own, posts them on his page. Then demands I remove photos of him from my site. I have agreed to do so.
2:40 PM – 26 Aug 13

Because I have not sent any such request to Schmalfeldt since he moved his ravings their most recent web location, I was unsure of what he was talking about when the tweet was pointed out to me. I did a bit of research, and I found that he had photoshopped the image of my face from the headshot on the Hogewash! About page into a couple of pictures. It seems that the copyright holder objected to that use without permission and sent a DMCA takedown notice.

Those of you who have been following the Follies of the Cabin Boy for a while may remember that it was a takedown notice about that headshot that got all of the DMCA kerfuffle started in the first place. The Cabin Boy keeps refusing to learn from his own mistakes. I could do a HOT STOVE! DON’T TOUCH riff, but I think I’ll simply remind the Gentle Reader of the definition of doing the same thing, over and over, expecting a different result.

Team Kimberlin Post of the Day


A couple of months ago, Team Kimberlin put up active websites on some domains they had registered. One was theothermccain dot net. Another was allergic2bull.com. And one was hogewash dot net. All three were attack sites, and the two dot net sites were presented as parodies of the genuine articles.

hogewashdotnet0808I was … proud isn’t the word … let’s just say that I found a certain satisfaction that a relatively small-time site like Hogewash! caused so much angst at Team Kimberlin. For a few days, a great deal of effort went into trying to make fun of me. Then the dueling DMCA claims hit, compounded by Team Kimberlin’s use of obscene images. (I note that all of the offending images used by Team Kimberlin are still down, although some required multiple hits. None of the claims asserted by Cabin Boy Bill Schmalfeldt have stood up.) There was a bit of activity early this month, but apparently the effort required to make fun of me on the Internet is too much given some of the real world challenges facing Team Kimberlin. No one has updated hogewash dot net since 8 August.

The Internet is littered with dormant sites related to Team Kimberlin. Some make sense because they have Donate buttons. If a site brings in more that it costs to keep it up, it’s a cash cow. Others may be liabilities.

We will see.

Fair Use


Here’s an example of the Fair Use of someone else material.

At midday on 18 February, 2013, during his Internet radio broadcast, Bill Schmalfeldt made the following threat at around 1:02:40 into the program:

It’s all horseshit. It’s all absolute horseshit. And I and my family have been put through pain and suffering because Lee Stranahan has a grudge. Because somebody, in my opinion, is paying Lee Stranahan to file these charges against me, in the hopes that I will either break or die.  I got some fucking news for you, Stranny [pause] Walker, Hoggy, Frey [pause] and Frey [pause] beware the Ides of March.

Here is an mp3 file of the threat.

This is a quote of roughly 45 seconds of an hour+ talk program. It’s an in-context quote of exactly what the Cabin Boy said so that his remarks could be fairly criticized. His words were not rearranged via editing to change their meaning. It’s a classic example of Fair Use. Of course, the criticism was adverse criticism, and Schmalfeldt reacted in his I-can-dish-it-out-but-not-take-it mode. He whined. He whined on his Internet talk show. He whined on Breitbart Unmasked. He whined on Twitter. He even went so far as to file a bogus DMCA takedown notice for an entire blog post containing the above material rather than just the quote. There’s a reason he’s referred to as the Sore Loserman.

As far as I’m concerned, the Cabin Boy or anyone else is free to use excerpts from Friday night’s talk program in ways covered by Fair Use. However, I do not grant permission to anyone to reedit the program.

It will be interesting to hear how Schmalfeldt uses the material. I suspect that he will do an excellent job of making a fool of himself and helping make my case for me. Which brings us to Hoge’s Corollary for Stacy McCain’s Observation—

An even easier way to discredit Bill Schmalfeldt is to let him quote you.

Pwned.

UPDATE—Fixed the broken mp3 link.

Hogewash!, Twitter, and Copyright


When someone leaves a comment here at Hogewash!, he retains the copyright to his remarks but grants Hogewash! a license to use his comments. See The Fine Print. That means, Insightful Commenter, you control all use of your remarks by third parties.

It has come to my attention that comments taken from Hogewash! are appearing on Twitter. If my Insightful Commenters are dual posting remarks, that’s fine. OTOH, if someone is posting those comments without permission and outside of Fair Use, then those Insightful Commenters affected may wish to take steps to protect their rights. I suggest reading this support information from Twitter:

https://support.twitter.com/articles/15795-copyright-and-dmca-policy#5

#BillSchmalfeldt and Venue


Cabin Boy Bill seems to think that the lawsuits he might be stirring up will be heard in Maryland. That does happen to be true in my case. However, if he reads the DMCA law, he will discover that the court with jurisdiction in each case is on the defendant’s turf. That would be Virginia for ViralRead, Texas for Lee Stranahan, and an undisclosed location (but not Maryland) for Stacy McCain. I’m not sure where Kimberlin Unmasked and Daley Gator are, but I know they’re not in Maryland.

Looks like the Sore Loserman wants some frequent flier miles. Maybe he can use a rocket provided by Acme.

The only reason that any of these folks would come to Maryland would be to pursue criminal charges against Schmalfeldt. Given that his bogus DMCA notices are communications directed to and received by particular individuals at a particular addresses and that his threatening tweets are also specifically addressed and given that they are sent without a legal purpose, they would constitute harassment under Maryland law if sent after notice to stop contact. Some of those individuals have already put Schmalfeldt on notice, so at least some of the individuals could press charges.

The first law of holes is to stop digging—not to buy a steam shovel.

UPDATE—The Daley Gator hails from Texas too.

Stuck on Stupid


OK, Gentle Reader, Bill Schmalfeldt has sent a second DMCA takedown notice. I’ve filed a counternotice. The image will be back in two weeks unless the Sore Loserman is foolish enough to file a copyright lawsuit.

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

Meanwhile, the Cabin Boy has announced his intention to further beclown himself by producing another of his pornographic image using a headshot of me from the Vanderbilt 1966-67 yearbook. You’d think that he would have more respect for the intellectual property of the university where his deep brain surgery was performed.

I have no intention of bothering to look at whatever he thinks is funny or appropriate or justified. However, if some other Vanderbilt alumnus wants to alert the University of Schmalfeldt’s copyright infringement …

DMCA Workaround


If Bill Schmalfeldt were to file a bogus DMCA takedown notice on the image in this post, it could easily be replaced with this image:thecrew2

I’m told that the picture of his face was taken from is a U. S. Navy publicity photo that is in the public domain.

Even the Sore Loserman’s wrongheaded theories of copyright law won’t permit him to send a lawful notice relating to the image above.

UPDATE—Maybe he should get some more advice from the guys at Acme.

Meep, meep.

UPDATE 2—The reader who created the original parody image has emailed me:

As is noted in Wikipedia, “Jabba the Hutt’s image has since played an influential role in popular culture, particularly in the United States. The name is used as a satirical literary device and a political caricature to underscore negative qualities such as morbid obesity and corruption.”

There are parallels between Team Kimberlin and Jabba the Hut’s crew. Mainly the vile nature of their activities, the decline of their social morality, and whether or not Mr. Schmalfelt ever really had a neck.

This is why “The Hutt” was chosen. It was a cultural metaphor for Mr. Schmalfelt and in large part, Team Kimberlin. They debase themselves by their very existence. They’re a cosmic joke. An accident. They should never have happened, but they did. Like the “Island of misfit psychopaths and malignant narcissists,” they somehow found each other. And we are all the worse for it. The world is the worse for it.

However, I still have the right to criticize their psychological deficiencies.