It’s like a broken record.

Bill Schmalfeldt just refuses to get basic legal principals, and continually demands rights he simply doesn’t have.

Screenshot 2014-06-11 15.16.53

The first thing the court will do in a copyright infringement case is make sure of the ownership of the copyrighted material.  That is between the Judge and the Plantiff.  If Hoge filed for copyright prior to filling the lawsuit, if the court accepts that filing for copyright is all that is needed, and the transfer of rights is valid, then the court will rule that Hoge has the copyrights required to file the suit.  If not, we will see where it goes from here.  The one thing Bill doesn’t have the right to know is when Hoge filed copyright and how the rights were sold.  He may find out when the court rules on the case of copyright, but since the only complaint of the copyright that Bill rose in his answer was “lack of registration” and “lack of transfer,” he is stuck with those defenses against the existence of copyright.

Again, assuming that Hoge proves to the courts satisfaction that he did file for copyright, the only defense left for Bill is fair use.  And fair use its the biggest crapshoot in the legal world.  It is decided on a case by case basis, so there is no precedent.  If this suit is approved to continue, then Bill is putting faith in a judge and a jury that he had no choice but to use entire posts to make his points.  I do believe the jury instruction will be detailed on this case.

What’s funny is that Bill set him self up for an affirmative defense strategy, and only an affirmative defense strategy.  Once the courts approve the claim of copyright, Bill can not raise a question about the copyright.  So, for example, when Hoge brings before the judge or jury the infringement of the Are you pondering what I’m pondering” post, assuming the court approve that one, then Bill can’t argue that he used only one sentence from the post.  (And since it was only one sentence, that’s 100%).  Hoge is arguing that he has the copyright of the entire page as a whole, and if the court accepts that, in front of the jury Bill can’t disagree.  That will be decided, Bill set his defense not Hoge.  And Bill foolishly chose to stand behind an affirmative defense.  He can not claim he didn’t infringe the work, or he can and hear the sharp ringing voice of Hoge screaming objection every time he does.  He now has to admit to the infringement, but claim that the infringement is fair use.  We will see how, after every single time, at the sheer volume of infringement, the jury is sympathetic.  I suspect not.

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A few thoughts.

It seems like everyone is posting their thoughts, so why not.  Here are some of mine.

1. On Boasting

To boast grandly is to set yourself for a grand fall.  As I’ve stated, I’m in Alabama, so I know a good boast when I hears it.  And I’m hearing it loud and clear at a certain blog I won’t link to that is run by this blog’s Best Buddy Bill Schmalfeldt.  In particular he has taken great umbrage to a post at Hogewash!.  In it, WJJ Hoge threatened laughter.  But one wouldn’t want to sink to the level of Hoge, right?

And then, there’s the matter of something I learned the previous evening. The reason why Hoge has been silent on the lawsuit. Something his pet toad “Paul Krendler” either doesn’t understand or doesn’t know because he scoffed at my generous offer to let him out of the case.

Bill Schmalfeldt on his blog

This boast is mistaken on two fronts.  One, that Best Buddy knows why Hoge is being silent.  Two, that Paul Krendler is in any way involved in the Copyright issues of the lawsuit in question.  At best, he is a disinterested third party who may be called at some point as a witness.  Paul did not file an infringement lawsuit against Best Buddy.  In fact, Paul only has to worry about the stuff filed in the counterclaims.  And the counterclaims, specifically against Paul, are weak.

But that’s where Best Buddy’s boasts go even more off the rails.  Reading his writings he’s already claiming victory.  He’s so sure that he’s won that he even made this so called “generous offer” to Krendler to drop the lawsuit.  Here is what Best Buddy needed to make good on the offer.

1. His real name, address, etc.

2. A copy of the signed agreement he made with Hoge selling partial rights to his blog post.

3. A promise to refrain from further defamatory, libelous comments.

4. An apology to my wife for the filthy things he wrote about her.

Bill Schmalfeldt on his blog

This is hardly a generous offer.  To make it, Best Buddy must assume that Paul is an idiot.  That would be a mistake.  I don’t think that is a mistake, I think this is a planned piece of his litigation strategy.  He’s trying to look like he’s willing to settle.  But Paul has no reason to assume that Best Buddy will follow through on his word.  (It doesn’t matter, the offer has been rescinded.) And like the smart man Paul seems to be, he soundly refused the offer.

But let’s parse the offer anyway.  On the first part of the offer, why would Paul ever willingly give up his identity?  Even if Best Buddy follows through on his word and drops Paul from the lawsuit, which would be an interesting concept, Paul would have provided Best Buddy with everything he needs for another lawsuit in the future.  Or when Best Buddy crosses the line with someone else who sues him, which is very close to have happen at the moment.  A fact that I know he is completely clueless about.  So let’s say Best Buddy did drop Paul from the lawsuit, when this person in the wings does their thing, Best Buddy could counterclaim and add Paul back.  In other words, Paul gets nothing out of the deal.

As for the rest, they are even sillier.  If Best Buddy is right and Hoge’s suit is seconds away from being dismissed, then the agreement between Paul and Hoge is meaningless.  If Best Buddy is wrong, then the agreement has nothing to do with Best Buddy.  The first step of an infringement suit is ensuring that the claimed infringement occurred to copyrighted works and the person bringing suit is the person who holds the copyright.  That is between Hoge and the Judge, and has nothing to do with Paul or Best Buddy.  As Best Buddy likes to claim, it has yet to be determined if Paul did write defamatory or libelous comments.  An agreement to this would be meaningless, as if Paul doesn’t believe he’s libeled Best Buddy, he wouldn’t change it at all.  As for the apology, I find that laughable on its face, considering the things Best Buddy wrote about Hoge’s wife that he’s yet to apologize for, and what Paul wrote was a parody of that post.

Best Buddy wasn’t negotiating in good faith, nor was he attempting to truly negotiate at all.  And that may be his biggest mistake and why his recent boasting is a ride for failure.  Best Buddy knows almost nothing about Paul.  I’m not claiming to have inside information into the man behind the pseudonym, but this doxing, which may well be inevitable, is a potential bombshell.  Only not on who Best Buddy thinks.

Paul may be a malnourished teenager living in his mother’s dank basement with cheese curl powder on his face.  In that case, Best Buddy most likely will be right, and it will be devastating to Paul.  Or Paul could be a wealthy owner of a business, with lawyers on retainer for days.  That would be devastating to Best Buddy.  I suspect Paul is somewhere between these two extremes, and that makes it even tricker.  Best Buddy has no idea what Paul’s resources are, and once he finds out it will be too late to do anything but deal with the fallout.

That’s not wise.  I’ve always been told that in legal issues, never ask a question you don’t already know the answer too.  Best Buddy has no idea what the answer to the question he’s asked will be.  Claiming victory before Paul is even known, much less responded to the counterclaims is gutsy, but not smart. Paul said it best in the heavily edited comments on his own blog.

2. On Bill Schmalfeldt

I’ve had a change of heart on the issue of Bill Schmalfeldt, so I’m going to man up about it and do what I should.  I am going to apologize.

Bill, I don’t believe I’ve ever mentioned your Parkinson’s.  I also don’t believe I’ve ever mocked you for it, at least not intentionally.  I haven’t scrubbed through every comment I’ve ever made concerning you, so it is quite possible that I did without realizing it.  For example, I know I’ve called you Cabin Boy, but at the time I thought you chose that name for yourself.  I may have used a phrase someone else used to make fun of your Parkinson’s without realizing it was about your condition.  I don’t think so, but I’ll admit it may have happened.

What I did do is not fully understand the seriousness of the condition, and for that I apologize in complete honesty and sincerity.

Bill, you are not innocent in this affair.  I don’t appreciate the blackmail attempt you made on me here at my own blog.  I think other things, such as the blackmail attempt you currently have on Perfect Tommy and how you handled other doxes have been proper or above board, no mater how you attempt to spin them in your mind.

But what I didn’t really understand is what Parkinson’s had done to you.  I now cringe at the comments on various blogs making fun of you for not having a life.  I understand how angry you must be at Hoge and others.  I now see that your life IS the internet.  You practically do live in a virtual world.  And I can honestly see that from your perspective, the world you thought you controlled has been polluted by the people you rail against.

I’m not going to participate in that any longer.

That’s not to say I trust you, Bill.  That’s to say I have a new respect for your condition.  I fully understand what this could lead to.  I could be inviting the same amount of pollution into my virtual world as you found in yours.  That’s okay, I can take it.  But after reading an eloquent post by another Alabama Blogger that I have shamefully lost the link to, I feel I owe you that.  You commented on the post, so if you would, I’d love for you to leave me the link in comments.

Before you do, and in case (as I think to be true) several other commenters here will know the post I’m talking about, that is not me saying I agree with everything in the post.  I don’t.  I think it is one sided and doesn’t treat your actions with the truth as to the damage you have also done to others.  But it brought home some points that have lead me to this.

As such, I give you my word that I will do my best not to belittle you.  I offer no such promises to your ideas or words.  I don’t suddenly like you, but I can and will show enough respect that I won’t intentionally belittle you as a person.  And, at my discretion, I’ll attempt to moderate others comments here.

I also won’t ban you from posting comments, but I will hold your comments to my rules because this is my bandwidth.  All comments here are moderated, so feel free to let me know when something is private and I won’t publish the comment.

This may be a weak offering to you.  By offering it to you, I may loose the readership I’ve gained so you’ll just be talking to me.  I can live with that too.  I’ve been blogging for decades about stuff I care about that no one else does, so I can return to that in a heartbeat.  But this is the best I can offer you.

3. On blogfare

I enjoy a good heated discussion.  So on one hand, blogfare is fun.  But when blogfare spills over into lawsuits, that’s silly.  I’ve not been harassed to any great degree, so I’m not sure what I’d do if a blogfare opponent stepped over the line.  I’m sure I have a line where I’ll do like others did.  I hope that line is never crossed.  But come on folks, it’s blogfare.  It’s not all there is to life.  Took another ride on the motorcycle today, and this post was bouncing around inside my head.  And I had to force myself to remember that blogfare isn’t that important.  Instead of looking at the sites I was passing, I was thinking about this and that’s just wrong.  Be present in your moments as they come.  This isn’t everything.  This isn’t even real life.  It’s a fun distraction, but that’s all it should be.

Doom Clock Journalism

So I discovered a vicious and vile scam that was perpetrated on me.  Following in the footsteps of the great Investigative Journalist and this blogs Best Buddy Bill Schmalfeldt, I used aggressive journalism to get to the truth.

First I contacted the two people responsible for the scam and gave them a Doom Clock of 15 minutes to answer my questions, or else.  Only one of the two, I hate to admit that I didn’t have much hope of convincing since the or else was a complete doxing of his arse and he’d already been doxed.  But the other has tried to hide his identity for far too long.  So I figured he’d fold first.  I was wrong.

It seems that @PalatinePundit was the weak link in the scam.  He folded to my doom clock like a wet tee shirt contest and I quickly saw everything.  After leaving my sweaty palm happy place, the other scammer, Paul Krendel, just mocked me.

So I did the research. I have the story.  And I will follow through with my doom clock.  So here is the scam and the doxing, in that order.

The Scam

Here’s how the scam went down.  Paul and PP pulled a complete and total falsity on the internet.  It started when PP posted the following on twitter:

Screenshot 2014-06-03 16.38.10Paul then kicked into action and started posting and convincing others to post on their blogs that PP lost his job and to speculate that it was because of this blog’s Best Buddy, Bill Schmalfeldt. That’s when I noticed it. Clearly this blog’s Best Buddy saw it too and, in a now memory holed post on his blog, detailed the horrific experience he had getting a well justified peace order against the scammer, PP.

Then yesterday, PP posts this on his twitter feed:Screenshot 2014-06-03 16.49.51

Now I’m starting to smell a rat.  And by rat, I mean a scam.  So I doom clocked both Paul and PP to admit to the scam and Paul refused.  But my doom clock demands worked with PP and he told me everything.  And by doom clock, I mean I politely asked and he politely answered.

So here’s the scam.  PP knew on Friday that when he made that twit about losing his job, he would also be starting a new job on Monday.  In other words, PP never missed a single day of work, he just changed employers!  The dastardly scam!  Paul was in the know as well, and he made his post for the sole purpose of poking the bear, which by bear I mean this blog’s Best Buddy Bill Schmalfeldt.

This blog’s Best Buddy Bill Schmalfeldt even tried to argue that he wasn’t involved with PP losing his job. But no one would listen because the scam was already in place and in full swing.

And I was harmed by this scam!  How, you ask?  Simple.  I made a post about the questionable seeking of a peace order by this blog’s Best Buddy Bill Schmalfeldt. That blog post started a horrible upward spiral of page views and visitors that CONTINUES TO THIS DAY!  I mean, I’m actually starting to make money off this blog for the first time ever, and it’s all because of this scam.  And it is supposed to just be a hobby!  I’m ANGRY! Plus, this blog’s Best Buddy Bill Schmalfeldt got a boo boo and an atomic wedgie, all because of THIS SCAM!  Where is the justice in that?

Now since PP gave up the goods to my Doom Clock Demand, by which I mean I asked nicely and he answered nicely, I have forgiven PP for his involvement in this scam.  Because I’m human and don’t have to stoop to the level of WJJ Hoge and his evil band of Pink Skittles.  No, I am human, so I will forgive PP for his role.  But PP better not bring me into any more of discontinued fuckery.

But Paul I do not forgive.  I gave him the Doom Clock Demand and he mocked me, by which I mean I didn’t contact him at all and he has no idea what’s coming next. And that’s why I went to the trouble to Dox him.

The Doxing

Yes, I did it.  You better believe I did.  I took a page right out of this blog’s Best Buddy Bill Schmalfeldt playbook and I doxed the scammer.  Now follow along close, it gets involved.

PP posted his twit on Friday.  On Saturday I went and got lost, by which I mean I took my motorcycle for an epic ride with other bikers.  But all day I felt I was being pulled back into this mess.  Now I know why.  First, take a look at this picture: slenderbike
That’s a picture I took at one of the first stops of the day.  Since I’m an Aggressive Investigative Journalist, I’ll disclose that my bike is not in that picture.  But that doesn’t matter, we have a doxing going on.  Do you see anything wrong with that picture?  I didn’t at first either. But through my Aggressive Investigative Journalist skills, I managed to figure out the truth!  Look at this close up of the very far bike in this picture:slenderbikecropSee it now?  Creepy.  But what’s even creepier is that it shows up in every picture I took on the ride!  See!Slenderharbor Slenderbike2

That’s just creepy.  I mean, what is that thing?  As a true Investigative Journalist I must admit my bike IS in that last picture.  But it doesn’t matter, on with the doxing!  I did a little research by first tracing Paul’s various IP addresses, since he’s commented on this blog several times.  And that’s when I noticed that on that Saturday, several of his IP addresses were just a single digit off of MY IP addresses.  In other words, Paul was following me and his cell phone was on the SAME NETWORK AS MINE!

Looking at the rest of the IP addresses, and they jump around ALL OVER THE PLACE.  He once posted to my blog from Singapore!  Then just minutes later from London.  The man GETS THE FUCK AROUND!

So let’s do the math.

  1. Paul was near me on the ride and posted to my blog from the SAME CELL TOWER I was using.
  2. These pictures show the same “thing” following me around on the same day
  3. Paul moves as if he can transport ALL OVER THE WORLD

The math is simple.  1+2+3= PAUL KRENDLER IS SLENDERMAN!

God, I bet this blog’s Best Buddy Bill Schmalfeldt is happy he dropped that lawsuit!  And it’s something he should think about in his response to the WJJ Hoge Copyright Infringment lawsuit.  I mean, if Hoge is willing to get into a contractual agreement with Slenderman, Hoge is capable of just about anything.

And that, Ladies and Gentlemen, is how you do Doom Clock Journalism RIGHT!!!!11!!!!