Bill Schmalfeldt Goes for Even More Time in Prison (Again)

This is the latest post in what I half-jokingly call The Kimberlin Saga^®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over a year, his worst conduct being when he attempted to frame me for a crime.  I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

Just a quick post, but earlier this morning I received this email from Bill Schmalfeldt:

From: Bill Schmalfeldt [email omitted]

Date: February 21, 2013 8:02:37 AM EST

To: Aaron Worthing

Subject: Legally Authorized E-Mail Contact Notifying Aaron Walker of Copyright Infringement

Mr. Walker.

You have posted a number of YouTube videos that contain a copyrighted photo of myself used in my book, "Put On Your Parky Face," copyright 2011,

And you have used audio from my copyrighted internet radio show that explicitly states at the end of every episode, "Blood on the Microphone is a presentation of  Deep Brain Media, Copyright Bill Schmalfeldt, All Rights Reserved."

I have already filed a copyright complaint with YouTube, but you can show you are capable of understanding copyright law by removing these videos and images, posted without my permission, immediately.

Thank you.

Bill Schmalfeldt

Elkridge, MD

Except of course I do understand copyright law.  For instance, 17 U.S.C. §107 states in relevant part that:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

Now the post in question he is complaining about, where I included numerous audio clips from his show was to inform you that:

1) Bill Schmalfeldt was threatening people, including myself, Deputy District Attorney Patrick Frey, John Hoge and Lee Stranahan—who have both filed charges against him for electronic and ordinary harassment,

2) in order to demonstrate that Schmalfeldt was making jokes implying that Lee Stranahan’s wife was a whore,

3) to demonstrate that Schmalfeldt was making jokes about prostituting Lee Stranahan’s thirteen year old daughter,

4) in order to show his general tendency toward menacing conduct,

5) to show you he is associated to Neal Rauhauser and by extension to Brett Kimberlin (he has already associated himself with Brooks Bayyne, so he has given us a connection between Brett Kimberlin and Brooks Bayne as well), and

6) to demonstrate that Neal Rauhauser didn’t plan to show up for his summons as required by law.

I also criticized directly all of this conduct.  Thus this was covered by fair use as serving a news, comment and criticism function.

But bluntly, if he claims to be a journalist, if indeed he really was a journalist at one time, how could he not know any of this?  Every journalist knows exactly when and when they can't use copyrighted material; every journalist knows what fair use is.

And despite his claim that this is a legally authorized communication, it is not.  First, he has stated on the air that he has hired a lawyer.  That lawyer can make this communication rather than him.  Second, it is a bogus claim and he knows that.  Third, he already stated he complained to YouTube and so there was no need to contact me at all.

So lacking a legal purpose his email is in fact a further violation of Maryland law, representing another harassing communication without a legal purpose.  Apparently he wants me to file charges against him, too.

And at the same time it also represents a cheap thuggish attempt to stop me from talking about his despicable and indeed criminal behavior, including his real threats to the lives of others.  The First Amendment protects this use.  He can pound sand for all I care.

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Disclaimer:

I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report.  And even then if he tells you to stop contacting him, obey that request.  That this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.

And let me say something else.  In my heart of hearts, I don’t believe that any person supporting me has done any of the above.  But if any of you have, stop it, and if you haven’t don’t start.