On the matter of Copyright…

I’ll admit, I’ve been out of the loop for a while.  I’ve not talked to Paul or Hoge for days…  oh wait, I’ve never talked to Hoge, so that’s not an issue.

But really Bill, I’ve dropped epic hints before my life turned up and I spent times with personal business and my kids.  You need to wake up.  Since Hoge filed his preliminary injunction, I fell safe claiming this.  I did my best to give you hints.  I really did.

Cost Benefit Analysis.  

Bill, I did my best to clue you in.  Just before I went dark, I mention the phrase “Cost Benefit Analysis” here on my blog, and in comments elsewhere.  I had people twit me that I must be stupid for bringing it up again and again.  I can’t believe you totally missed what I was hinting at.

Again, I’ve never spoke to Hoge in any manner.  I’ve spoken to Paul on many things, but not this.  But really, have you not figured this out?

You spent a week regurgitating the same crap about Copyright law that was meaningless.  Did you really not figure out what Hoge and Paul did?  Are you really that stupid?  Let me spell it out for you.

Go read all that copyright law you threw out on us for a week.  Notice anything?  Nope, I’ve looked back on your twitter feed tonight since my vacation, and it is clear you didn’t figure it out.  Registration for copyright has to be in place prior to filing a copyright claim.  Unless…

Go look, what is the unless?

Yea, it’s the three month rule.  If the infringement occurs before three months, the copyright holder has three months to file.  As long as it’s under three months, and the registration was started before the suit, then the registration (at least in your federal jurisdiction) is good.

So, go back and read Hoge’s amended complaint.  Focus on Cost Benefit.  And what do you find?

Hoge dropped everything prior to three months.

Think on that, for just a little bit.

Why would he do that?

Again, I have zero inside information.  I’ve not raised this with either Paul or Hoge.  But here’s what I’m thinking…

The standard for Registering your blog with the Copyright Office is this…  File a claim every three months.  Copyright the blog.  Everything.

Prior to filing the current lawsuit, Hoge copyrighted the entirety of Hogewash! with the Copyright Office.  He, perhaps wrongly, assumed you’d miss the limitations and screw things up and claimed beyond his three month limit.  You caught him.  Not on what you said, but on the facts.  So he amended the complaint to limit his claims to the three month grace period.  Which is more than enough to screw your world.

Paul followed Hoge’s lead.  He filed a registration on his entire blog as well.  Or maybe he just filed registration on the one blog post.  It doesn’t matter.  It was also inside the grace period.  And that makes whatever arrangement Hoge and Paul came up with completely legal inside the suit.  Bill, you were out maneuvered.  Seven ways to Sunday.

Bill, you are stuck defending your affirmative defense of Fair Use.  You may even win a point or two.  But the sheer volume of your fair use claim bodes ill for your case.  Forget my joke settlement.  Forget any concept you have of how you can win this.  And forget Paul.  Now is the time to beg.  Beg hard.

If I’d been in Hoge’s position, I’d have done exactly what he did.  I’d have file suit against every instance I could dredge up against you.  I’d have filed registration on my blog, and yet gone after you on things far outside the window of registration.  Because, what if you didn’t figure it out?  But you did.  Perhaps you did it all on your own.  Perhaps you had help, and I’m not going down the path of “practicing law without a license.”  My first response to Hoge’s lawsuit was “he didn’t file.”  You picked up on it too.  Then I saw the amended complaint, and I knew.  He did file.  He went after more than he could, but not more than he should.

Bill, you don’t have a case.  You can’t beat all the claims.  The Paul stuff, in particular, is deadly.  Settle, settle, settle, settle.  Make fun of me all you want, but settle.  Claim I’m the biggest ignoramus on the net, but settle.  Claim all the mind games, expansion of energy, whatever makes you feel like you win, but you’ve lost.  Settle.

Did I say settle?  I meant it.  Seriously, pick up your ball… go home… and get this over with. You are completely out of your depth.


13 thoughts on “On the matter of Copyright…

  1. it’s nice that you are still trying to reach BS even after all his crap here on your blog, but eventually realize that some people just can’t be helped, no matter what you do, they are gonna crash and burn, all you can do is get out of their way so you don’t get hit with the splatter when they do..


  2. “Fear pee.”

    Nice. Simple. Catchy. Easy to remember later. Very convenient.

    Now I need help. There’s got to be a better, shorter, simpler term for what just happened here at Casa Krendler than “Oh my God, I just fell out of my chair from laughing so hard I busted my hip and wet my pants out of sheer joyful bliss pee.”

    A little help here?

  3. Reblogged this on The Thinking Man's Zombie and commented:
    “Fear pee.”

    Nice. Simple. Catchy. Easy to remember later. Very convenient.

    Now I need help. There’s got to be a better, shorter, simpler term for what just happened here at Casa Krendler than “Oh my God, I just fell out of my chair from laughing so hard I busted my hip and wet my pants out of sheer joyful bliss pee.”

    A little help here?

  4. Seems you missed something, Mike. Here in the Fourth Circuit, the courts have adopted the position that you must have your copyright award IN HAND before filing a copyright suit. The act of filing is not sufficient. You must HAVE the document that says your copyright has been approved. I know why Hoge dropped the other things. You boys labor under the impression that I am stupid. I didn’t think Hoge did it out of the kindness of his heart, and that makes just one more LIE on his brief to the court, which I will happily point out to the judge next Thursday. The frivolous filings of copyright infringement suits is a bad thing, Mike. It’s a BAD thing. And it is going to cost your heroes some money.

    • Maybe you’re right, and it will all go away. Or maybe Hoge is right, and because of the DCMA counterclaim, the judge will look kindly on him. Or maybe the Injunction was filed in case the lawsuit got thrown out. Because while unregistered copyrights can’t sue for infringement, they can sue for an injunction. So who knows? I know you aren’t as sure as you pretend. I, however, am just a spectator.

  5. Dear, sweet Jesus… Why do you continue to try to help this individual? He’s demonstrated time and time again that he thinks he is smarter than everyone else. He’s a narcissist (a creepy one at that) who will NEVER CHANGE.

    And now, he’s created enemies who are going to chew him up and spit him out.

    It’s a lost cause, my friend.

  6. Well said but I think it may fall on deaf ears. The blob doesn’t listen well and he’s not that bright, to boot.

  7. he wont listen cause he is so sure he is correct, just like he was last year that the PO wouldn’t be issued, (it was) and just like he was that it would be overturned when he appealed it (it wasn’t) and just like he was that it wouldnt be extended (it was)…

    twinkie’s mistake isn’t that we can’t point out how his counter suit is flawed, it’s that we have no reason to when it’ll be so much more enjoyable when the judge does as he/she throws it out…

    but then we and the judge will just be wrong like all the other times, right?


  8. Actually, he is too bright for his own good precisely because he doesn’t listen.

    The news at Hoge’s is that BS appeal of the peace order was denied. This is what comes of being half-smart. He thought he saw a ghost of a shadow of an illusion that Hoge had broken the mediation agreement and that gave BS an excuse to break the agreement overtly. His facts were wrong; his law was wrong. But what the heck: give it a shot. Problem is people will be very wary of of ever entering into a settlement with him ever again.

    It’s safer knowing that you are stupid than imagining that you are brighter than the rest of the world. BS is not stupid, but he is quite wrong that he is both brighter and better informed than the people that he chooses to squabble with.

  9. And now, two weeks later, with a victory under my belt and as Hoge’s case disintegrates, what happened to all the naysayers?

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