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.