More from the Bill.

Despite the fact that this blog’s Best Buddy Bill Schmalfeldt has taken his ball and gone home (allegedly), I will continue to rebut his epically long and completely off topic unapproved comment to this blog.  Here is the latest snippet.

I don’t just believe I was wronged. I was wronged. I stopped addressing Tweets to Hoge as soon as he asked. But Twitter and the Attorney General of Maryland and the State Legislature and US v. Cassidy have decided that TWEETING is not CONTACT. Hoge managed to convince a befuddled old judge that blocking me on twitter was the same as disabling a portion of his internet function or changing his telephone number to avoid telemarketers.

Does that make sense to you? An @ mention that he never has to see if he blocks me, but he chooses to NOT block me and I get a peace order?

Bill Schmalfeldt in an unapproved comment on this blog

I have to say, this is epic stupidity on an epic scale.  I’ve heard what the “real” arguments where in front of the judge, but that’s beside the point.  This is all about what Bill says.  And what Bill says makes absolutely no sense.

Let’s pretend a unfocused cyberstalker in Maryland was harassing me.  This is hypothetical and not based on the real actions of any singular person.  This cyberstalker starts calling my phone a couple hundred times a day.  Should I not get any relief from that?  I mean, every modern smartphone, and no I don’t have a landline, has the ability to block a phone number.  Should I be required to block the stalkers number, or should the stalker be required to shut the fuck up an not contact me?

The law on this is settled.  The victim of harassment should not have to block anything.  After all, once the harasser’s number is blocked, all the harassing asshole has to do is change phones to get around the block.  The victim doesn’t have to do anything, it is the harasser’s behavior that is the problem.

Now let’s move our hypothetical to Twitter.  Twitter’s terms of service make it clear that anytime someone @mentions you, it will be highlighted in your notifications.  It’s a basic function of how Twitter works.  If you don’t want to see the @mentions from someone, you can block them.  But again, if you do all the harasser need do is set up a sock puppet account and it gets through the block.  But in a harassment situation, it should not be the responsibility of the harassed to take action.  It is the harasser that should stop.

Additionally, even assuming that the judge got the law wrong, and on the very weak and specious arguments presented, twitter can not be harassing (that’s a total lie, no court has ever said that.  More later), it doesn’t matter.  When a judge tells you to stop doing something, you best stop.  If a judgement comes down that is wrong, you better abide by the judgement until you convince a higher court that you were wrongfully treated.  That law is just as settled.  When a judge says no, you have to stop until you convince a higher court that the judge was wrong.  You can scream all day long that the judge was wrong, but until you convince a higher court of it, you better abide by what the judge said.

That’s why Aaron couldn’t talk about his issues for a while.  The judge said no, and until Aaron convinced a higher judge that the ruling was wrong, Aaron had to comply.  Bill, on the other hand, has not convinced a higher judge that the judge in the peace order against him is wrong.  His actions created the six month extension. Not anything Hoge did.  Not anything a “befuddled old judge” did.  It was his own behavior, his belief that he didn’t need to abide by what a judge rules, that earned him the extension.

So yea, it makes perfect sense to me that an @mention is contact.  You know before you make an @mention that the person on the other end will be notified about your twit.  You know that by making an @mention that the person will see it.  Expecting the person you are @mentioning to do anything at all to keep from seeing your @mention is single-mindedly narcissistic.  It isn’t the behavior of the victim that needs to change, it is the behavior of the harasser.  And any other view is stupid.

Now, before I go.  Let me address a few additional points.  Bill brings up a lawsuit in support of his claim that Twitter @mentions can never be considered harassment.  Unfortunately for him, he is wrong.  In US v. Cassidy, the court did not rule that Twitter can’t be harassment.  The court ruled that the Federal Law surrounding online harassment was unconstitutionally vague as applied to Cassidy.  That’s not the same as saying the law is unconstitutional, just that as it was applied in this case it was.  I read through the twits that were issued in evidence for the trial, and there were many that did not use an @mention. So there was nothing about the @mention that even applied to the case.  The only thing in question was if the law, as applied, was constitutional.  A court said it wasn’t.

And a state attorney general does not outrank a state judge.  Or a county judge.  Or even a municipal judge.  I’m not even sure he’d outrank a municipal magistrate.  Basically, an opinion of the Attorney General is binding to… the prosecutors of the state.  Not the judges.  A slight nuance of the law, but I think we can all agree that Bill doesn’t really get nuance.

And basically, let’s be honest with each other.  Despite the law, despite the judge, despite the legislature, calling people out in @mentions after they’ve asked you to stop is just creepy.  I know Bill doesn’t understand creepy, but seriously… do grown people really do that?  Seriously, I have to ask, do mature, intelligent people act in such creepy ways.  The man asked you to stop.  More than once.  You keep doing it, just to upset him.  That’s fucking creepy.

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32 thoughts on “More from the Bill.

  1. What I have never truly understood is that, according to ACME Law, @ mentions on Twitter are not contact, but this (if it shows up):

    …is a ZOMG TOTES SRS UGYZ DEATH THREAT!!1!1ELEVENTY!1!1!!1

    This was a huge fear-pee day. Thought the man would drown, but no such luck.

    He was so scared that he re-posted that picture on his blog approximately 6 or more times after reporting it as a death threat to the Howard County Sheriff’s Department – “Where Taking Care of Bill is Job One.”

  2. An unrecognized value of this blog is as a touchstone, useful to test the validity of our viewpoints and conclusions.
    Sometimes when dealing with someone like TLFKAD (I say psychopath YMMV) the strength and stridency of their assertion can generate questions as to whether or not we have really made the right conclusions about them*. This is why he memory holes and is always asking “can you prove any single thing?” to fog the reality of what happened and try to bend the perception of reality in their favor.
    But when you come along with an initially favorable viewpoint and we can watch in real time as you make exactly the same conclusions and realizations that we did it provides a validation of our process.

    *mind you. it doesn’t happen often, but that disabled victimhood schtick he’s got going can be pretty powerful. That’s why he uses it.

  3. And Bill, having finally admitted that @ mentions are contact, has been sending me several over the last few days, even though I have specifically requested that he STOP @librarygryffon from all of his accounts. Because other people’s rules don’t apply to Bill, the only rules that he believes in are the ones he makes up as he goes, and that he expects others to follow for his convenience. (Can you tell I’m a little pissed, especially having had that creature address me as “dear heart” yesterday? Ewwww.)

      • It’s the narcissism. The condescention is intended to put you on the defensive. He’d probably stand behind you and put a hand on your shoulder in a meeting environment. Pure lizard brain manure. Childish crap that no reasonable person tolerates more than twice.

        And he wonders why no body likes him.

      • Well, I can now put him on notice that if, God forbid, we ever have to meet IRL, he is NOT to call me by any of his cute endearments – Mrs. Gilly will do just fine – and if he touches me, I’ll be dialing 911 before he can get his hand off me. Unless he rather I slap him first. Which given that in most localities an unwanted touch constitutes assault and battery, would probably be considered a legal response.

  4. He gets nuance, he gets the law, he gets decency if they help him in any way. Otherwise, he doesn’t. What he doesn’t get ever is consistency.

    Krendler is right: the jury and judge will be laughing until the tears come when Bill argues that the parody was defamatory, but what was parodied wasn’t. It’s no wonder so many believe Bill to be stupid: his level of solipsism is way outside normal human experience.

    A Reader over at Hogewash pointed out that Bill knows that fair use is a defense against infringement but ignores that it is an affirmative defense. So Bill asserts it and thinks he has won. He undoubtedly knows that fair use is an affirmative defense and so must be proved. But for him, his assertion is proof.

    Clown.

    • I’ve certainly tried to explain to him that it is an affirmative defense. I haven’t found a correlation between something he viewed as proof and something he blamed on others. It seems easier to get through his world view when you do that.

      As for the upcoming trial… Well, I’ve my thoughts. But I’m loath to discuss them too much here, because I don’t wish to aide him in any way.

  5. I’ve been watching the Cabin Boy™ pull his stunts since May 2012 (Everybody Blog About Bret Kimberlin day) I saw first hand his attacks on Lee. His use of the death of a child to hammer the parent forever stained him in my eyes.

    I’ve always wondered what color the sky was in his world. If I had to choose one comic character that best resembles CBBS I’d have to go with Bizarro.

    I’ve watched him lie to judges to get out of things. Break agreements with other people left and right. I watched him try to use the gibberish he used above and watched that old judge tell him to stop it. Bill does and Bill wants and everyone else better go along with it.

    I hope that, metaphorically, he gets his ass beat, He needs to learn empathy. He also needs to be able to admit when he is wrong, instread of trying to spin it into NOT being wrong.

  6. It is a wonder to behold. You originally entered this fray prepared to be an ally of Inspector Jiggles. Of course some of of are harsh with him. But that should have been and WAS irrelevant to you. You have based your opinion(s) of him solely on HIS behavior. As of course, you should have. I was right about this dude three years ago and I am right today. Creep factor? Yeah. He’s got it. Ever since the FB PM to Erin threatening to have her children taken if he did’t “GET IT ALL”, there was no doubt in y mind of this coward’s depravity.

    • It’s funny you bring that up. It’s not just her. That Doug guy as well for just liking a facebook post. I am assuming everyone here has seen those two sets of screen shots in full (each situation has TWO screen shots) Two words I am going throw out here. “Extortion” and “Blackmail”. There is a pattern here, and he’s been flirting with those two words for some time when he can’t have his way or someone does something he doesn’t like. Look at what he’s said to Mike on this blog in the last few days. Pay attention to what Paul has released on his blog. Look at what he’s said just today to that Dr.Tom guy(not sure if that is a failed dox or not) on his twitter TL. I certainly recall him trying to rationalize his behavior after the “Erin” screen shots were released as a “journalistic tactic commonly used”(I or someone else may have that screen shot of him saying that).

      Oh and since I know he’s stalking this blog. BS, I am betting you wish this was just the old Knot group right about now. We just pointed and laughed at you for your silly cynical behavior on facebook. I believe Howard covered that just a day or so ago on Paul’s blog with you. These guys? They’re not playing around with you. It is my opinion here that if you just don’t stop right now. That sooner or later. It’s not going to end up just some copyright lawsuit. Again my opinion here, your behavior is going to end up with yourself in a court for federal criminal charges. If you do not stop with your antics.

  7. I’m not sure what to think. This “discussion” he had concerning defamation and whether or not it is libel is incoherent, even for him. These are just a small sample of tweets saved on John’s blog:

    Would he call me defamatory names, like Cabin Boy? Or “Sore Loserman”? Would he encourage libelous statements from his readership?—
    Bill Schmalfeldt (@ParkyBillTweets) March 23, 2014

    Calling me a dumbass? Not libel. Calling me fatboi?? Not libel. Calling me a “dumb fat guy who abetted cyberstalking”? Libel.—
    Bill Schmalfeldt (@ParkyBillTweets) March 23, 2014

    Dumbass. There is a difference between defamation and libel. Calling me fat is defamatory, but not libel.
    Bill Schmalfeldt (@ParkyBillTweets) March 23, 2014

    The point is, calling someone a “dumbass” is defamatory, but not libel. Calling someone a “dumbass murderer” when he is not a murderer IS!—
    Bill Schmalfeldt (@ParkyBillTweets) March 23, 2014

    Most of the tweets were memory-holed, but you get the picture. And I don’t think he was just playing dumb to stir the pot.

  8. Another point on Cassidy is that, according to the judge, it was tweets ABOUT someone, not TO someone (@mentions). That Bill refused to see that point is a mystery. It was pointed out to him by a judge from the bench and Bill walked back into court and tried to argue it again. Another case of things must mean what he wants them to just because….fill in the blank.

    • dishonest is as dishonest does
      such as his repeated claim that Hoge filed over 300 “bogus” charges against him for “simply tweeting”.
      he leaves out a lot of pertinent facts such as 1. Hoge didn’t file anything, the county did after he brought to their attention that 2, he was “simply tweeting” to Hoge with @mentions after being told in a court of law by a judge NOT to…
      his attempt to make it seem as if he wasn’t violating the PO and that Hoge was the harassing party falls completely apart once some one see’s the entirey of the story and not just Twinkie’s version…

  9. Nuance? He really hardly “gets” straightforward statements of fact, as long as they go against his interest. I watched this a long time too, without making a choice to comment. His inability to process any truths beyond his worldview is creepy. Oh, yeah. That and the “dear” thing. That’s just over the top. I prefer not to call him fat, or shaky or question his physical condition, but man! There’s so much there! Perverted essays, faildoxing, harassment of Hoge and the Stranahans, threats to people’s jobs… Mr. Schmalfeldt is like something from Dickens.

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