Director of Compliance Friday, July 26, 2013ZippyKid, Inc112 E. Pecan St, Suite 1100San Antonio, Texas firstname.lastname@example.orgRESPONSE TO ERRONEOUS DMCA FILED WITH ZIPPYKID BY BILL SCHMALFELDT AGAINST PUNDITSYNDICATION’S THEOTHERMCCAIN.COMPundit Syndication LLC operates a number of blogs and news websites. As the Publisher, it is myresponsibility to from time to time defend rights guaranteed to our organization by the First Amendment tothe Constitution of the United States. I have a good faith belief that this material was removed or disabled inerror as a result of mistake or misidentification of the material.I also serve as President of the National Bloggers Club, Inc. We are an organization of over 600 bloggersaffiliated with more than 1000 blogs, representing tens of millions of pageviews a month. It is my duty toprotect bloggers of every size who blog about current events, political races, and policies that affect thepublic. Our non-profit enjoys relationships and standing on related legislative battles with more than 85Members of the United States Congress. Our events are sponsored by organizations such as Facebook andMicrosoft to notable officials such as the Speaker of the House of Representatives to House CommitteeChairmen and United States Senators. A free press is required to keep a free people free.From time to time this advocacy attracts cyberbullies and law violators. William “Bill” Schmalfeldt is one of these. His aliases include: “Liberal Grouch, Dead Breitbart, Patriot Ombudsman, Bill Matthews” and a slewof others. Because of his unlawful and unethical behavior he has been banned from popular websites suchas DailyKos.com and Examiner.com. He is currently under investigation and the subject of a peace order against another blogger, John Hoge of Hogewash.com. In fact, most recently, Schmalfeldt filed a falseDMCA petition with Automattic’s Wordpress.com to remove some of Hoge’s content.This spurious DMCA compliant appears to be a continuation of Mr. Schlamfeldt’s pattern of harassment thathas been the subject of legal complaints by many others. A Maryland Circuit Court judge has ruled againstMr. Schmalfeldt on the matter of his harassment of bloggers.In the past, he was even banned from Twitter for a death threat against me.Robert Stacy McCain is an award-winning journalist of over 26 years, a published author, and a former editor of the Washington Times. His blogging has paved the way for other bloggers who blog about conservativepolitics, thusly his peers have rewarded him. Most recently, he won “Best Investigative Piece for 2012”during Blog Bash 2013. He currently serves as the Editor-in-Chief of ViralRead.com and the lead columnistfor TheOtherMcCain.comBill Schmalfeldt has produced no record or copyright or purchase thereof. Images in his likeness, images of himself uploaded to social networks do not exclusively belong to him and are not covered by the DMCA.This is an attempt at Mr. Schmalfeldt’s regular lawfare scheme.Furthermore, if there was dispute about the copyright, ZippyKid has no liability as the image referenced inthe post is not, nor has it even been hosted on ZippyKid servers. You can find the image here. Without legalstanding by Mr. Schmalfeldt, ZippyKid has no grounds to recognize this illegitimate DMCA.