John Hoge v. Bill Schmalfeldt

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.

Update: McCainalanche and a Hogelanche.  Cool beans.

So yesterday I drove up to Maryland in order to observe today’s hearing in John Hoge v. Bill Schmalfeldt.  As regular readers will know, Schmalfeldt is facing five different criminal charges related to his harassing conduct towards Lee Stranahan and Mr. Hoge, and Mr. Hoge decided to file for a peace order against Mr. Schmalfeldt.

As for the cast of characters, Brett Kimberlin did show up.  Whereas normally he made sure to wear a professional suit and usually had his hair short, this time he was dressed in a ratty looking coat and his hair was long and disheveled.  The thought that immediately came to mind was that he looked like a homeless man and Mr. Hoge concurred later.  Previously I told Mr. Hoge to be ready for Mr. Kimberlin to attempt to intervene in the case.  After I saw Kimberlin in this state, I told Hoge that I doubted Kimberlin would attempt to intervene.

It is also worth noting that at one point he passed me in the hallway outside the courtrooms literally with only inches separating myself and him.  He did this deliberately and I believe without thinking.  This was a man who previously claimed that he lives in terror that I would supposedly attack him, proving that even he didn’t believe I was a physical threat.  As if you needed more convincing on that point...

Bill Schmalfeldt Opposes Freedom of Speech (Update: Schmalfeldt Proves My Point)

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.

Update: Well, it would help if I actually included the cartoon I meant to, toward the end!  So that is fixed.

Also Bill Schmalfeldt has demonstrated his deep commitment to freedom of speech by temporarily gulaging several posts where I played clips from his radio show where he threatened myself, John Hoge, Lee Stranahan and Los Angeles Deputy District Attorney Patrick Frey.  It not only demonstrates his deep committment to freedom of speech, but also it proves that he has nothing to hide, right?  (Note: I am being sarcastic.  I admit it is not always obvious.)

I am presently working it out with Blogger, and if they don't re-post it, we will find a new home for the information.  Sooner or later, Team Kimberlin will understand what the Streisand Effect is.

By the way, Schmalfeldt might want to look up Md. Criminal Law Code §9-305 dealing with intimidation of a potential witness.  It is a misdemeanor, but it carries a potential punishment of five years in prison.  Because Maryland has a cockamamie definition of “misdemeanor.”  And for that matter, he might want to examine the rules on destruction of evidence.

We now resume the original post, as is.

------------------------------------

Of course you might think this is about his successful YouTube gulaging of my account.  By the way, one fan has helpfully re-uploaded the video Kimberlin wants to keep you from seeing the most, here:

Share it far and wide, friends!

But rather than talk about his gulaging, I wanted to share with you when he decided to fisk my Mission Statement on for my blog Everyone Draw Mohammed.  Since then I took it private and then bizarrely google literally deleted everything from it and I have never found out why.  It couldn’t be over offensive material, because they didn’t do anything like that during the Everyone Draw Mohammed day movement itself, so...  maybe it was a function of being private and inactive for a few months?  Who knows?

But Schmalfeldt had the screencaps (where did he get that, by the way?) and so now I can restore what I said.  So thanks for that!  I really was sad that I lost the copy of it and I am glad to have it back (mostly)!  And except for a few minor typos being corrected I will present it to you as it was, even as events have made some of what I said inaccurate:

Bill Schmalfeldt Puts My Account in the YouTube Gulag

So as I have told you, Bill Schmalfeldt has been pressing bogus copyright claims against me and Lee Stranahan.  How bogus are they?  Schmalfeldt has said specifically on his radio show that Lee Stranahan’s use of audio was “fair use” but is threatening to sue him for copyright infringement anyway.  And for that matter, he has thanked me on air for his coverage, meaning he can’t claim any damages based on copyright infringement.  He’s a real genius, that one.

So I find out today that despite my challenges to each of his claims, YouTube has suspended me.  Apparently it only takes two complaints, however bogus, to get a YouTube account pulled, most likely operating by some algorithm.  I am working to get this decision reversed, but in the meantime, I can post it on my blog and Blogger is very good at being resistant to bogus complaints.  I should know, it handled the Everyone Draw Mohammed Day protest far better than Facebook (which is why I don’t use Facebook).

So what videos has he temporarily successfully suppressed?

Well, first up we have one I called “Bill Schmalfeldt and the Law of Copyright.”  It features commentary on how Bill Schmalfeldt himself regularly violates the copyright of others, particularly the owners of the Simpsons, in the introduction to his radio show.

Bill Schmalfeldt Tries and Hilariously Fails to Explain Away His Threats

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.

So just to review, Bill Schmalfeldt, the BS man himself, made a threat on his radio show and then later doubled down on it.  And then on Friday, he tried to explain way his threats.

Big picture, what the BS man is trying to do is have it both ways.  On one hand he revels in engaging in threatening talk and behavior.  On the other hand when you call him on it, he then wants you to believe that he didn’t intend any threat.  He won’t say what is coming.  He won’t say who will be delivering it.  But we should just trust that he is a really good person (who defends a criminal and makes pedophilia jokes) and he would never do anything vile to his enemies, even though he is associated with a convicted terrorist.

And then for bonus points, when alleged other parties threaten him he gets outraged.  This is not to say that if these threats are genuine (and not sent by Bill Schmalfeldt or one of his allies with his knowledge), he would have no right to be outraged.  But the hypocrisy is a sign of his dishonesty, although in this case it might be the case that he is not being honest with himself and what he is actually doing.

So he starts off his defense by playing pretty much this clip where he made his "Ides of March" threat...

BREAKING: John Hoge Has Placed a Temporary Peace Order on Bill Schmalfeldt

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.

This screencap says a great deal, but not everything:

To review, Bill Schmalfeldt is facing five criminal charges in Maryland filed by Lee Stranahan and John Hoge all related to some kind of harassment.  I have seen the charges in both cases and this is not an attempt to stop Schmalfeldt from talking about Lee or John.  This is about Schmalfeldt’s repeated attempts to contact these men, by email or other electronic means, even after both men specifically told him to stop and other harassing conduct that is not protected by the First Amendment.

And I reported the other day when things got more sinister.  Bill Schmalfeldt went on the radio and issued this threat to myself, John, Lee and Patrick Frey:

VIDEO: Bill Schmalfeldt and the Law of Copyright

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.

So yesterday, I reported on Bill Schmalfeldt’s thuggish attempt to silence me with a bogus copyright complaint.  To review, I have been putting up a number of clips from his show on YouTube to report to my readers and viewers the news of what he said, to comment on it and indeed to criticize it.  Bill Schmalfeldt sent a bogus and harassing notice claiming I was violating his copyrights and announcing he had asked YouTube to take down the video, despite the fact that this clearly fell under the fair use doctrine.

And I told you that his claim was dishonest.  But on that point, I have been saving the coup de grace.  You see, Bill Schmalfeldt is not exactly consistent in his belief that we should respect the copyrights of others.

I’ll let this video speak for itself except to say that it is the beginning of his show Blood on the Microphone which he has used every single day since he changed it to that name about a week ago.  Admittedly it is crude, but I am a lawyer, not a videographer.  Enjoy:

VIDEO: Bill Schmalfeldt Lies About His Relationship with Brett Kimberlin

This summary is not available. Please click here to view the post.

Video: Bill Schmalfeldt Doubles Down on his Threat

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.

So Bill Schmalfeldt, who is facing five different criminal charges in Maryland—all of which relate to some kind of harassing conduct on his part—actually dropped a death threat against me, John Hoge, Lee Stranahan and Patrick Frey, on his radio show which I captured and put on YouTube in order to inform you of what he had done on his show.  Here, you can watch it again, here:

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:

Bill Schmalfeldt and the California Penal Code

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.

My growth as a blogger continues apace!  Today I am going to demonstrate that I have learned to create YouTube videos using audio files and one creepy picture of Bill Schmalfeldt and one of Neal Rauhauser.  Oh joy!

So yesterday Bill Schmalfeldt recorded a radio show.  He has a radio show where he brags of being listened to by a maximum of five hundred listeners and that was on a big news day for his show when he got charged with a crime.  In any case, on that show he did something he often does: he said something stupid.

Actually it was beyond stupid.  It was, in my opinion, potentially criminal conduct.  He threatened several people, including a Deputy District Attorney of Los Angeles.  Now for transparency’s sake, here’s a link to the show, so you can listen and verify all of this yourself, because I can imagine him claiming I have selectively and deceptively edited the audio.  So listen for yourself and decide if you think I have failed to include sufficient context.  And there is a lot of interesting stuff in the program if you happen to the whole thing.