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William John Joseph Hoge,

Plaintiff,

v.

William M. Schmalfeldt,
Defendant.




PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR
SUMMARYJUDGMENT (ECF NO. 40)

COMES NOW Counterclaim Defendant William John Joseph Hoge with this
memorandum in opposition to Defendants Motion for Summary Judgment (ECF No.40).
The motion is premature and should be denied without prejudice. In support of his
opposition Mr. Hoge states as follows:

MATERIAL FACTS ARE DISPUTED

Defendants Motion for Summary Judgment (MSJ) lists a few undisputed facts as
if they were the totality of the evidence bearing on the instant lawsuit. That is not so. Mr.
Hoge offers the following list as a non-exhaustive summary of material facts he believes
are still in dispute. In Defendants Amended Answer and Second Amended Counterclaim
(ECF No. 39) he denies the following material facts alleged by Mr. Hoge in his Amended
1

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION


Case No. ELH-14-CV-1683
Complaint (AC) (ECF No. 9) and supported either by evidence developed during the 26
July, 2014, hearing for a preliminary injunction (Hearing) or the Declaration attached as
Exhibit C (Declaration):
a.) Defendant denies that Mr. Hoge screens comments to his site for editorial
suitability. ECF No. 39, 10. He denies that Mr. Hoge deletes obscene or grossly
off-topic comments. Id. Records retained by Mr. Hoge clearly demonstrate that he
has exercised such editorial control over his website. See Exhibit C, Declaration,
1
b.) Defendant says he does not know if Mr. Hoge bought the world book and
ebook rights from Paul Krendler for the work in question. ECF No. 39, 11
and 28. The transaction documents exist. See Declaration, 2.
c.) Defendant denies publishing My Slow, Journalistic Death as an ebook on
or about 18 April, 2014. ECF No. 39, 19. He denies that Chapter 13 of that
ebook reproduces a 14 April, 2014, website entry from Mr. Hoges blog in toto. Id.
He denies that the ebook was offered for sale and that copies were sold. Id. This
is contradicted by his in court statement. A printed copy of the ebook (which the
Court examined at length) was offered in evidence during the Hearing as
Plaintiffs Exhibit 3. During the Hearing, Defendant authenticated that exhibit as
an accurate copy of the ebook he published. The Hearing Exhibit 3 is attached to
this memorandum as Exhibit D. The original Hogewash! article copied is shown
2
in Exhibit E. Defendant also denies that any copies of My Slow, Journalistic
Death were sold. ECF No. 39, 19. Mr. Hoge has a receipt for the sale of a copy.
See Declaration, 3.
d.) Defendant denies that his use of Mr. Hoges copyrighted material in My
Slow, Journalistic Death was infringing. ECF No. 39, 20. As can be seen in
Exhibit D, Defendants use was clearly contrary to the Hogewash! Terms and
Conditions as posted at the time of the infringement (See ECF No. 25, at 4, 5)
because he did not meet the specified condition with respect to providing a link to
hogewash.com. See Declaration, 10.
e.) Defendant denies that his use of Mr. Hoges copyrighted material in My
Slow, Journalistic Death was without authorization from Mr. Hoge or the law. He
denies that his infringement was knowing and willful. ECF No. 39, 21. As can
be seen in Exhibit D, Defendants use was clearly contrary to the Hogewash!
Terms and Conditions as posted at the time of the infringement because he did not
meet the specified condition with respect to providing a link to hogewash.com.
See Declaration, 10.
g.) Defendant denies that his use of Mr. Hoges copyrighted material in
Brain Dead was without authorization from Mr. Hoge or the law. He denies that
his infringement was knowing and willful. ECF No. 39, 25. Defendants use
was clearly contrary to the Hogewash! Terms and Conditions as posted at the time
3
of the infringement because he did not meet the specified condition with respect to
providing a link to hogewash.com. See Declaration, 10.
1
h.) Defendant denies that his use of Mr. Hoges material for which Mr. Hoge
owns the world book and ebook rights in Intentional Infliction was without
authorization from Mr. Hoge or the law. He denies that his infringement was
knowing and willful. ECF No. 39, 29. When evaluating his denial, the Court
should consider Defendants own words from Intentional Infliction: I doubt he
[Krendler] will sue me for copyright, since he would have to review [sic] his
actual name. Id., at 2. See Exhibit A. Defendants expectation that he would be
sued but for the authors expressed desire to maintain his anonymity is a clear
indication of Defendants intent.
i.) Defendant denies that he infringed the copyrighted works cited in Counts
V through XXXVII by incorporating them into blog posts or Twitter messages.
ECF No. 39, 31, 32, 33, 34, 36, 37, 38. During the Hearing, Defendant
admitted that he did not provide the required links to hogewash.com in either his
blog posts or this tweets. Thus, Defendants use was clearly contrary to the
Hogewash! Terms and Conditions as posted at the time of the infringement
4
On almost all printed material, it is practicable to show the website address
1
hogewash.com. Even a matchbook cover would provide sufficient space. Certainly, the
space was available in a 286-page book such as Brain Dead. In fact, he did provide such a
link to Paul Krendlers article in Intentional Inflictionalthough linking is not at issue
with respect to that infringement.
because he did not meet the specified condition with respect to providing a link to
hogewash.com. See Declaration, 10.
Defendant alleges other facts which Mr. Hoge disputes or which are immaterial to
the instant lawsuit.
j.) In an attempt to invalidate Mr. Hoges copyright registrations, Defendant
alleges that Mr. Hoge has attempted to register copyrights for works in the public
domain. He has focused especially on public domain content originally produced
by the National Aeronautics and Space Administration (NASA). See , e.g., ECF
No. 35. Mr. Hoge denies attempting to register a copyright for any public domain
works, particularly any work product from NASA. See Declaration , 4-9, and
infra at pages 9-11.
k.) In an attempt to invalidate Mr. Hoges copyright registrations, Defendant
offers conclusory allegations that Mr. Hoge has engaged in copyright misuse by
attempting to register copyrights for works he did not create, acquire as work-for-
hire, or purchase. MSJ, 9 at 5. Mr. Hoge denies attempting to register
copyrights for any works he does not lawfully own. See infra at pages 8 and 9.
l.) Defendant alleges that Mr. Hoge comes to this Court with unclean hands
because he has done the exact same thing, as Mr. Hoge alleges Defendant has
done. MSJ, 6 at 3, 4. Mr. Hoge alleges that Defendant has copied all or
substantially all of various postings from the Hogewash! website. AC, passim.
5
Mr. Hoge denies such extensive coping from any of Defendants websites, and
Defendant has not presented any evidence of such wholesale coping. In any event,
consideration of such an equitable consideration is irrelevant to a question of law.
m.) Defendant alleges that Mr. Hoges applications for registration are
defective on multiple grounds. MSJ, 10-13 at 5-7. Mr. Hoge denies each
alleged defect. See infra at pages at pages 7 and 8.
n.) Defendant alleges that his use of Mr. Hoges material meets the
requirements of the Hogewash! Terms and Conditions. Mr. Hoge disputes that
allegation, noting that links back to hogewash.com have not been provide where
practicable. See Declaration, 10.
2
Given that these facts, material and immaterial, are still disputed and that neither
side has been able to have discovery, the MSJ is premature and should be denied without
prejudice. Alternatively, Mr. Hoge should be allowed sufficient time to conduct discovery
so as to fully develop a cross motion and supporting memorandum and to allow for the
possibility of settlement via ADR.

6
Blacks Law Dictionary 1172 (6th ed. 1990) defines practicable as Practicable is that
2
which may be done, practiced, or accomplished; that which is performable, feasible,
possible[.] The inclusion of a hyperlink within a website or a Twitter message is
imminently practicable. See Declaration, 10.
DEFENDANT MISAPPLIES THE LAW TO SOME OF THE UNDISPUTED FACTS

Mr. Hoge did, in fact, file his Original Complaint (OC) prior to filing the
appropriate applications for registration with the Copyright Office. As Defendant notes,
those registrations were filed on 5 June, 2014, and (Defendant missed this one) on 7 June,
2014. Having corrected his oversight, Mr. Hoge filed his AC on 10 June, 2014. Defendant
argues in his MSJ that Mr. Hoges initial oversight was a fatal error that could not be
repaired with the AC. Defendant is wrong.
As a general rule, an amended complaint ordinarily supersedes the original and
renders it of no legal effect. Young v. City of Mt. Ranier, 238 F.3d 567, 572 (4th Cir.
2001), quoting Crysen/Montenay Energy Co. v. Shell Oil Co. (In re Crysen/Montenay
Energy Co.), 226 F.3d 160, 162 (2nd Cir. 2000). Fed. R. Civ. P. 15(a) allows a party to
amend his pleading once as a matter of course within 21 days of serving it. Mr. Hoges OC
was served on 27 May, 2014, and the AC was filed on 10 June, an elapsed time of 13 days.
That is well within the 21-day limit provided by the Rule, so the AC would [replace] the
original complaint lock, stock, and barrel. ConnectU LLC v. Zuckerberg, 522 F.3d 82, 91
(1st Cir. 2008). Also, the Committee Notes on Rules2009 Revision of Rule 15 explain
that
the right to amend once as a matter of course is no longer terminated by
service of a responsive pleading. The responsive pleading may point out
issues that the original pleader had not considered and persuade the
pleader that amendment is wise.
7

Fed. R. Civ. P. 15, Notes. Therefore, any arguments Defendant raises about alleged
defects in the OC are mooted because of its replacement by the AC. Such a non-germane
issue is not grounds for summary judgment.
Additionally, the Court should note that Defendant no longer asserts that
applications for registration of the copyrights were not filed. His statement that the
Copyright Office shows a receipt for the transactions on 5 June, 2014, amounts to a
judicial admission of the filings. See MSJ, 2 at 2.
The precedent in this Court allows for a copyright lawsuit to proceed while
registration is pending. See Patrick Collins, Inc. v. Does 1-22, 11-CV-01772-AW ECF No.
18 (D.Md. 2011) at 3, 4. The MSJ should be denied.

DEFENDANT MISUNDERSTANDS COPYRIGHT MISUSE

Defendants argument for invalidating Mr. Hoges copyright registrations seems to
conflate copyright misuse with copyright fraud. Copyright misuse is analogous to patent
misuse wherein an intellectual property owner uses his monopoly power as leverage to
extend his rights beyond what is lawful. The classic example of patent misuse is the
Morton Salt case. Morton had a patent on a novel salt tablet dispenser. The company
3
would only license it for use with their own salt tablets. However, the tablets were not
8
FTC v. Morton Salt Co., 334 U.S. 68 (1948).
3
covered by the same or any other patent. Morton was using its license to unfairly prevent
other companies tablets from being used in its dispenser.
The best known case of copyright misuse is probably Lasercomb America, Inc. v.
Reynolds, 911 F.2d 970 (4th Cir. 1990). In that case the Court of Appeals found that
copyright misuse occurs when a copyright holder uses his rights in a manner that subverts
public policy. Id., at 976-977. The plaintiff in Lasercomb was found to be using its
software copyrights to require licensees to enter into a non-competition agreement that
lasted for 99 years, longer than the term of the plaintiffs copyrights.
Mr. Hoge has not engaged in any activity with respect to his copyrights beyond
attempting to secure for a limited time the exclusive right to his writings. He has not
4
done anything to enlarge his rights beyond what is granted by law. Nothing in this faulty
theory of copyright misuse suggested by Defendant supports his MSJ. His motion should
be denied.

MR. HOGE HAS NOT TRIED TO REGISTER COPYRIGHTS FOR ANY PUBLIC DOMAIN
MATERIAL OR THE WORKS OF OTHERS

Defendant tries to assert that because public domain material (such as NASA
images) or comments belonging to others are included in Mr. Hoges website, he has
committed copyright fraud. MSJ, 9 at 5. That is not the case. Under Defendants
9
See U.S. Const. art. I, 8, cl. 8.
4
theory of the law, the New York Times committed copyright fraud when it applied for
registration of the 21 July, 1969, MEN WALK ON MOON edition of the newspaper shown
in Exhibit B. The pictures of the Apollo 11 crew on the moon are public domain NASA
images. Is the copyright for that issue of the Times therefore fraudulent?
The answer is: Obviously not! It is possible to include public domain material
within a copyrighted work. This allows, for example, movies of Richard III or A
Midsummer Nights Dream to be copyrighted. The copyright does not extend to rights over
the public domain material but only to the originality of its use and manner of use within
the copyrighted work. As the Fourth Circuit Court of Appeals noted in M. Kramer Mfg.
Co., Inc. v. Andrews, 783 F.2d 421 (4th Cir. 1986):
As the Court said in Apple Barrel Productions, 730 F.2d at 387-88,
copyrightability of a compilation or derivative work does not turn on
whether the component parts of the collective work are original or in the
public domain. Section 103 of the Act makes this plain. It declares that
the validity of a copyright of a compilation or derivative work depends on
the originality of the compiler's individual contribution to the work or
material regardless of whether the individual items in the material have
been or ever could have been subject to copyright. It follows that the
validity of plaintiff's copyright does not depend on the copyrightability of
the components represented by the underlying work but by the originality
of its own contribution to the copyrighted work.
Id., 440. Mr. Hoges inclusion of public domain material in his copyrighted website is no
more fraudulent than a television stations use of an image from a government weather
satellite during the evening newscast weather segment.
10
Similarly, collections of works by multiple authors are compilations covered under
201(c). That section specifies a default ownership arrangement when there is no other
written agreement. However, the Hogewash! Terms of Service provide a written
agreement which licenses Mr. Hoges use of the comments posted to his blog. Mr. Hoge, as
a licensee of the comments, holds the copyright to the compilation. He does not claim
rights to the individual comments per se.
5
In Feist Publications, Inc. v. Rural Telephone Service Co., 499 US 340, 360 (1991),
Justice OConnor wrote that even a compilation of mere facts (which would be ineligible
for copyright protection on their own) can be protected to the extent that it features an
original selection, coordination, or arrangement[.] As noted supra at page 2 (Item a.),
because Mr. Hoge exercises editorial control of the comment section of his website, even to
the extent of occasionally editing comments, Hogewash! with all its comments and public
domain inclusions is eligible for copyright protection. That being the case, there is nothing
here to support the MSJ, so it should be denied.

11
Mr. Hoges uses the copyright works of his commenters under license. Defendant assert
5
that he has a Fair Use right to use the work of others without permission. While that may
be true in some cases, the facts in the instant lawsuit are different. Defendant
misappropriates whole works. Suppose William Randolph Hearst had been sufficiently
angered by Citizen Kane that he decided to create a rebuttal film and that he did so by
taking the original movie and adding brief commentaries at the beginning and end.
Suppose he released his version to theaters and charged admission. Fair Use would not
have saved him from the resulting lawsuit from Orson Welles and RKO Pictures. That is
exactly analogous to what Defendant has done with articles from Hogewash!.
DEFENDANTS MOTION VIOLATES LOCAL RULE 105.2(c)

In his Motion for Summary Judgment (MSJ) Defendant ably articulates the
standard for summary judgment. This is not surprising considering who wrote the words
he used. In a motion fraught with complaints about Plaintiffs alleged misuse of the work
of others, Defendant has incorporated an extended quotation of the work of Judge Garbis
without attribution. Of course, legal briefs often recycle the excellent arguments of
6
others, but Defendant uses Judge Garbiss opinion ineptly. Judge Garbis writes of the
7
how a court should weigh the opposing assertion made in cross motions. There is no cross
motion filed in the instant lawsuit because Defendant failed to follow Local Rule 105.2(c).
That rule requires that if both parties plan to file for summary judgment they should
coordinate with one another as to who will file the first motion and who will file the cross
motion. Mr. Hoge will probably make such a filing after discovery if ADR should fail to
bring a settlement. However, there has been no such coordination. Therefore,
12
Beginning with the words A motion for summary judgment shall be granted (MSJ at
6
1) and continuing through the words See Rossignol v. Voorhaar, 316 F.3d 516, 523 (4th
Cir. 2003) (MSJ at 2), Defendant presents Judge Garbiss analysis as his own. A proper
citation would be U.S. v. Shriner, Case No. 11-CV-02929, ECF No. 62 (D.Md. 2014) at 2, 3.
Defendant includes a rather erudite discussion of copyright misuse in paragraph 6 of his
7
MSJ (at 4). It is ripped off word-for-word from John Baker McClanahan, Copyright Misuse
As A Defense In An Infringement Action: Lasercomb America, Inc. V. Reynolds, 49 Wash. &
Lee L. Rev. 213 (1992), http://scholarlycommons.law.wlu.edu/wlulr/vol49/iss1/14, at 213,
214, with footnotes 2-14 inserted parenthetically, and it is used without attribution to
either Mr. McClanahan or the Washington & Lee Law Review.
Defendants MSJ should denied without prejudice in order to allow for the coordination
between the parties contemplated by Local Rule 105.2(c).

CONCLUSION

WHEREFORE, Mr. Hoge asks this Honorable Court to deny without prejudice
Defendants Motion for Summary Judgment, allowing the ADR process to go forward, and
to permit discovery to occur along with coordination of a proper motion for summary
judgment and cross motion pursuant to Local Rule 105.2(c). Alternatively, Mr. Hoge asks
the Court to grant him adequate time to conduct discovery and to allow 60 days for the
preparation of a cross motion, and he requests an evidentiary hearing.

Date: 1 August, 2014 Respectfully submitted,



William John Joseph Hoge, pro se
20 Ridge Road
Westminster, Maryland 21157
(410) 596-2854
himself@wjjhoge.com




13
Verification

I certify under penalty of perjury that the foregoing is true and correct to the best of
my knowledge and belief and that all exhibits are true and correct copies of the originals.



William John Joseph Hoge



Certificate of Service

I certify that on the 1st day of August, 2014, I served a copy of the foregoing
Opposition on William M. Schmalfeldt by First Class Mail to Trailer 71, 6636 Washington
Blvd., Elkridge, Maryland 21075.



William John Joseph Hoge

14
INDEX OF EXHIBITS


Exhibit Title Notes
Number
of Pages
A Extract from Intentional Infliction
PDF version posted online by Defendant.
Downloaded from patriot-
ombudsman.com on 14 June, 2014.
4
B New York Times, 21 July, 1969 Front page. 1
C
Declaration of William John Joseph
Hoge
With exhibits 1 through 13. 46
D My Slow, Journalistic Death, Chapter 13 Printed from Kindle version. 25
E Are You Pondering What Im Pondering?
Downloaded from 30 July, 2014 from
http://hogewash.com/2014/04/14/are-
you-pondering-what-im-pondering-648/.
38
15





















Exhibit A

Extract from Intentional Infliction.
Cover Page, Copyright Page, Table of Contents, and Page 2.

16


17
INTENTIONAL
INFLICTION
Can Vulnerable Adults Get the Same Sort of Protection
Against Cyber Bullying as Teenagers Get?

BILL SCHMALFELDT


18
All rights reserved. This book or any portion thereof
may not be reproduced or used in any manner whatsoever
without the express written permission of the publisher
except for the use of brief quotations in a book review.
Printed in the United States of America
First Printing, 2014





Copyright 2014 Bill Schmalfeldt
All rights reserved.
ISBN: !"##$"%!"&
ISBN-13: #'()!"##$"%!"(


19
CONTENTS


Acknowledgments i
1 FUNNY, FUNNY SATIRE! 1
2 DISORDER IN THE COURT 13
3 MEET W.J.J. HOGE III 18
4 WHOS ZOOMIN WHO? 44
5 SEND IN THE MINIONS 49
6 CANCER IN THE BODY BREITBOT 60
7 THE WORST LAWYER IN AMERICA? 67
8 LETS MEET ALI AKBAR 112
9 R. STACY MCCAIN 132
10 WHOS GOT MY BACK? 161


20
BILL SCHMALFELDT
2
man who needs assistance to walk, who hurt his right arm
this morning trying to lift himself from his office chair,
this very dangerous, nearly immobile, profoundly
handicapped man in his 15
th
year with Parkinsons
disease, dared to write about him.
My friends who are concerned about me have asked me
to remain quiet about the bullying on Twitter while they
try to form some plan of action. I have honored this
request. I have been nothing but friendly and pleasant on
Twitter. That very fact is a subject of mockery by the
people who comment on the Hogewash.com blog. The
people who are knowingly using my Parkinsons disease
to cause my early death or total disability. When Im
quiet, when I dont provide grist for their mill, it makes
them angry.
As you will see, the main antagonist in this story has a
restraining order against me. Today, on his blog, he is
alleging that I have contacted him in direct violation of
the order. I have not. But he has proof!
And, as I sit here, being quiet, being nice, being friendly,
being GOOD, I see that one of these cretins, a familiar at
the Hogewash.com blog who calls himself Paul Krendler
after the Hannibal character in the Silence of the
Lamb sequel, has penned a witty satire about me.
You can see it for yourself here. I doubt he will try to
sue me for copyright, since he would have to review his
actual name.
The blog can be read here.




















Exhibit B

New York Times, 21 July, 1969

21


22




















Exhibit C

Declaration of William John Joseph Hoge

23

William John Joseph Hoge,
Plaintiff,

v.

William M. Schmalfeldt,
Defendant.




DECLARATION OF WILLIAM JOHN JOSEPH HOGE

I, William John Joseph Hoge, declare under penalty of perjury in accordance with
28 U.S.C. 1746 that the following is true and correct to best of my knowledge and belief
and that the attached exhibits are true and correct copies of the originals.
1. I am the proprietor of the website known as Hogewash! (hogewash.com), and I
exercise editorial control over its content. As a part of that editorial control, I endeavor to
review all comments made to the site. It is my policy to allow free discussion of topics of
interest to the commenters within broad limits. I delete obscene and grossly off-topic
comments as well as commercial spam. Some comments are redacted to bring them
within my editorial standards. Repeat offender are banned from the site. Threats are
reported to an appropriate state or federal law enforcement agency. Exhibit 1
shows one example each of a deleted comment, a comment that was never allowed through
moderation, and a redacted comment. Note that identifying information for first and third
has been redacted. This is because Defendant has a history of harassment, and I am
1

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION


Case No. ELH-14-CV-1683
concerned that he would engage in harassment against those commenters if he knew their
identities. Some of his milder harassment is detailed below (paragraphs 4 through 9).
Previous online harassment by Defendant resulting in a peace order being issued against
him. Exhibit 2. The order was extended because of continued harassment. Exhibit 3. On
information and belief Defendant is also subject to restraining orders issued in Arizona
because of online harassment.
2. On 30 April, 2014, I bought the world book and ebook right to the article
originally posted on the Internet at http://thinkingmanszombie.wordpress.com/ 2014/04/23/
we-can-write-whatever-we-want-right/. A written agreement between Paul Krendler, the
original author, and me memorializes the sale. The agreement will be produced as
required during discovery or any hearing or trial. The original email arranging the
transaction is attached as Exhibit 4. Note that some of Krendlers identifying
information has been redacted in the exhibit because of Krendlers concern for
harassment by Defendant.
3. In spite of his denial (ECF No. 39, 19), documentary evidence shows that
William M. Schmalfeldt (Defendant) did publish the ebook My Slow, Journalistic Death
on or about 18 April, 2014. A printed copy of that ebook was introduced into evidence
during the 26 June, 2014, hearing, and it was authenticated on the hearing record by
Defendant. Defendant denies that any copies were sold. A sales receipt for a purchase of
2
a copy of the ebook is attached. Exhibit 5. I am prepared to present similar evidence for
the remaining 35 counts of my Amended Complaint at an evidentiary hearing or at trial.
4. At or around 10:00 pm on 18 June, 2014, I saw a Twitter message (tweet) in
Defendants @wmsradionetwork twitter account that contained the following:
WMS Radio Network
Have fun tomorrow at the GOES-R at the Goddard Spaceflight Center. Do
they know about your hobby of suing people.
9:02 pm 18 Jun 2014

Exhibit 6. Given Defendants history of harassing his perceived enemies by contacting
their employers, I interpreted the tweet as a threat to begin calling the Project Office of
the GOES-R program I work with at Goddard Space Flight Center. As soon as I became
aware of the tweet, I reported the threat to my immediate supervisor on the program and,
at his direction, to the Security Office at Goddard. The Security Office referred the matter
to the NASA Office of Inspector General. The next day, I was asked by Special Agent John
Han of the NASA OIG to report any further NASA-related contact from Defendant.
5. On or about 7 July, 2014, I read a post on Defendants website
(www.schmalfeldt.org/2014/07/wjj-hoge-faces-big-time-federal-beef-of-his-own-making/
index.html) in which he claimed that I had tried to register copyrights to public domain
NASA images and videos because they were included in my postings on Hogewash!.
Exhibit 7. Defendants blog post contains the text of a letter he claimed to have sent to
MEI Technology, my previous employer.
3
6. On or about 7 July, 2014, I received from Defendant a comment to Hogewash!
which threatened to accuse me of the crime of copyright fraud related to the NASA images
and videos if I did not provide him Paul Krendlers personal information.
You have claimed copyright of every post of every page of every blog entry
for March, April and May, including 70 NASA posts. Now, I don't know if
the $2,500 will cover all sins, or if it's $2,500 per instance. That would be
something like $175,000. Now I offered to walk away from this,
remember? I said, you walk away, I walk away, no harm no foul. But you
couldn't have that. You had to continue to try to destroy me. And now the
chickens have come home to roost. Now, you can make it easy or you can
make it harder and more expensive. I want to know who Paul Krendler is
(BTW, a copy of this comment will become a part of the record, whether or
not you publish it.) I want his address. I want to see a copy of the
agreement you signed with Krendler to purchase his filthy blog entry.

Exhibit 8. I reported this threat to the NASA OIG as directed. The OIG directed me to
contact local law enforcement as well.
7. On 9 July, 2014, I read tweets on Defendants @wmsbroadcasting Twitter
account in which he claimed that he had contacted NASA concerning my use of the 70
NASA images and videos.
WMS Radio Network Jul 9
Just spoke to a very nice lady at the NASA photo office. Yall can look up
the phone numbers yourselves.

WMS Radio Network Jul 9
And I did not talk to a receptionist, [expletive]. I talked to the photo editor
for the National Aeronautics and Space Administration.

4
Exhibit 9. On information and belief, he alleged that I was using agency produced images
and videos illegally. On information and belief NASA does not take Defendants
accusations seriously.
8. On or about 14 July, 2014, Defendant filed a DMCA takedown notice against
Hogewash!. Defendants notice, as forwarded to me by my web hosting provider (Exhibit
10), shows that Defendant claimed to be either the copyright owner or authorized agent
for 70 public domain images and videos that were NASA work product. 25 of the videos
were actually hosted at NASA channels at YouTube, but my web host disabled access to
the remaining 45 images and videos, causing disruption of my website. The material was
mostly restored later that day after Defendant admitted not having proper standing to file
a DMCA notice related to the NASA material. Exhibit 11. However, some videos were
lost and had to be uploaded again.
9. Defendant has communicated his bizarre theory related to my use of NASA
material to the Court in a document docketed as ECF No. 35.
10. I have never authorized Defendants use of my copyrighted material under any
terms other than those shown in Hogewash! Terms of Service. During March through
May, 2014, those Terms required that use of Hogewash! material required a hyperlink
back to the site whenever practicable. See ECF No. 25, at 4, 5. I carefully chose the word
practicable when drafting those Terms, using it in the sense defined in multiple
5
dictionaries.
, ,
The required links are practicable on websites, in pdf files, in ebooks, and
1 2 3
on Twitter. This Courts own website contains many such links. PDF files can contain
such links, as can be seen in the Courts own documents such as Instructions for Filing a
Civil Action on Your Own Behalf. Links to websites can be included in ebooks. An
4
example is shown in Exhibit 12. It is also practicable to include links in tweets, as can be
seen in Exhibit 13. Thus, Defendants consistent failure to provide such links is a clear
violation of the Hogewash! Terms of Service.

Date: 1 August, 2014 Respectfully submitted,


William John Joseph Hoge, pro se
20 Ridge Road
Westminster, Maryland 21157
(410) 596-2854
himself@wjjhoge.com
6
Practicable is that which may be done, practiced, or accomplished; that which is
1
performable, feasible, possible[.] Blacks Law Dictionary 1172 (6th ed. 1990).
Capable of being put into practice, effected, accomplished, or done: feasible. , The
2
Compact Edition of the Oxford English Dictionary, Oxford University Press, Glasgow
(1971), at vol. II, 1218.
[C]apable of being done, effected, or put into practice. Jess Stein, ed., The Random
3
House Dictionary of the English Language, Random House, New York (1967), at 1147.
See http://www.mdd.uscourts.gov/publications/Forms/InstructionsFilingCivilAction.pdf. The
4
hyperlinks in the file remain active after it has been downloaded.
INDEX OF EXHIBITS TO DECLARATION OF WILLIAM JOHN JOSEPH HOGE


Exhibit Title Notes
No.of
pages
1
Examples of edited comments made to
Hogewash!
1
2 Peace Order
Hoge v. Schmalfeldt, Case No. 06-
C-13-0063359 (Md. Cir.Ct. Carroll Co.
2013).
1
3 Peace Order Extension
Hoge v. Schmalfeldt, Case No. 06-
C-13-0063359 (Md. Cir.Ct. Carroll Co.
2013).
1
4 Email from Paul Krendler Time stamp is in GMT. 1
5
Sales Receipt for My Slow, Journalistic
Death
Time stamp is in GMT. 1
6
Tweet from @wmsradionetwork from 18
June, 2014
1
7
WJJ Hoge Faces Big Time Federal Beef
of His Own Making
Downloaded from www.schmalfeldt.org/
2014/07/wjj-hoge-faces-big-time-federal-
beef-of-his-own-making/index.html on 12
June, 2014.
6
8
8 July, 2014, Attempt to Comment at
Hogewash! by Defendant
Time stamp is in GMT. 1
9
Two Tweets from @wmsbroadcasting
from 9 July, 2014
1
10 DMCA Takedown Notice
See the claim of authority to act as
copyright agent in the bottom third of
the first page. Yellow highlighting bar
added. Time stamp is in GMT.
5
11 DMCA Takedown Rescission Time stamp is in GMT. 1
12 Example of an eBook with a Live Links Yellow highlighting bar added. 5
13
Example of a Tweet with an Embedded
Link
1




















Exhibit 1

Examples of edited comments made to Hogewash!

Comments from approved individuals bypass moderation and are allow to post. The
first comment was deleted after posting because it was unsuitable. Personal identifying
information has been redacted to prevent harassment of the commenter by Defendant.

Comments from unapproved individuals are held in moderation pending review.
The second comment was intercepted there and never was posted.

Some comments are redacted rather than deleted. The third comment is an
example of this. Personal identifying information has been redacted to prevent
harassment of the commenter by Defendant.























Exhibit 2

Peace Order, Hoge v. Schmalfeldt, Case No. 06-C-13-0063359 (Md. Cir.Ct. Carroll Co.
2013).





















Exhibit 3

Peace Order Extension, Hoge v. Schmalfeldt, Case No. 06-C-13-0063359 (Md. Cir.Ct.
Carroll Co. 2013).





















Exhibit 4

Email from Paul Krendler

Personal identifying information has been redacted to prevent harassment of the
Krendler by Defendant.

From: brainsrfood@gmail.com
Subject: World Book & E-book rights sale
Date: 30 April, 2014 at 04:18
To: himself@wjjhoge.com
uear Mr. Poge,
er our dlscusslon, leL Lhls emall serve as a wrluen agreemenL beLween us Lo asslgn Lhe world
book and ebook rlghLs Lo Lhe blog posL locaLed aL
hup://Lhlnklngmanszomble.wordpress.com/2014/04/23/we-can-wrlLe-whaLever-we-wanL-
rlghL/. ln exchange, you wlll pay me Lhe sum of ve (3) dollars uSu.
aymenL can be made ln Lhe form of cash or personal check made ouL Lo Cash" ln Lhe agreed
upon amounL, and can be malled Lo:
1he Man of Lhe Pouse
1103 Chesapeake CL
alaune, lL 60074
Also, leL lL be expllclLly undersLood beLween us LhaL all oLher rlghLs, real or lmplled, are reLalned
by me.
WlLh Lhanks and besL regards,
aul krendler
SenL from Wlndows Mall




















Exhibit 5

Sales Receipt for My Slow, Journalistic Death

From: Smashwords do-not-reply@smashwords.com
Subject: Smashwords Purchase Conrmation
Date: 21 April, 2014 at 18:20
To: himself@wjjhoge.com
Dear wjjhoge,
This receipt conrms your purchase of My Slow, Journalistic Death at Smashwords. Please save this email for your records.
Title Qty
List
Price
Coupon
Price
Paid
Gift
My Slow, Journalistic Death 1 $5.00 None $5.00
Total items: 1
Total price: $5.00
Time: 2014-04-21 11:20:48 PT
This ebook is now instantly downloadable from Smashwords in multiple ebook formats. Visit your Library to access this and other purchases at
https://www.smashwords.com/library
To learn how to read your ebook on your computer, click here: https://www.smashwords.com/about/supportfaq#readonPC
To learn how to download your ebook to your reading device, click here: https://www.smashwords.com/about/supportfaq#devices.
The new Smashwords gifting feature makes it easy to purchase Smashwords ebooks for your friends! Simply return to the book's page (click
on the book's title above) and click "Gift as a gift".
If you enjoy a book, won't you please review it on Smashwords and then recommend it to your friends?
As a reminder, Smashwords books are licensed for your personal use only, and may not be shared with, or sold to, others.
Thank you for supporting Smashwords and the hard work of this author.
Sincerely,
The Smashwords Team
P.S. If you haven't done so already, please add smashwords.com to your email's safe list to avoid these conrmations landing in your spam
box.




















Exhibit 6

Tweet from @wmsradionetwork from 18 June, 2014























Exhibit 7

WJJ Hoge Faces Big Time Federal Beef of His Own Making

HOME / THE LAWSUIT / WJJ HOGE FACES BIG TIME FEDERAL BEEF OF HIS OWN MAKING
WJJ Hoge Faces Big Time
Federal Beef of His Own Making
July 7, 2014
Earlier today I was going back and forth with one lickspittle in particular, the dullest, rustiest nail in the Hoge hardware cabinet. And I saw a
particularly ass-kissy remark about a NASA thing he had published. So, I fixed it for him.
But then I started thinking. I remember seeing somewhere that hes supposed to post an actual link, and a full photo credit to his NASA
plagiarisms. When I looked at the NASA media page, I saw this.
Enter keyworks SEARCH
BREAKING NEWS July 7, 2014 - WJJ Hoge Faces Big Time Federal Beef of His Own Making
Now, theres unlawful, and theres UNLAWFUL. So I checked copyright law and found this little gem.
Now, according to 17 USC 506(c) Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same
purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article
bearing such notice or words that such person knows to be false, shall be fined not more than $2,500. I am not sure if that is in total or for
each occurrence, but it is absolutely clear that this individual is claiming copyright ownership of NASA produced material as a contractor with
the Goddard Space Agency. If its one fine covers all sins, then the most hes looking at is $2,500. If its for all 70 of the NASA posts he has
copyrighted with the US Copyright Office? $175,000.
So, I wrote an e-mail to one of the public relations folks at NASA. I wrote essentially the same e-mail to Goddard and MEI, the company he
lists as the last contractor he worked for.
Dear Ms. Mire:
I note with interest that the NASA website claims:
It is unlawful to falsely claim copyright or other rights in NASA material.
A subcontractor at the Goddard Space Center working for MEI Tech, William John Joseph Hoge III publishes a
blog called Hogewash. He claims copyright ownership of the entire blog. In fact, he is suing this correspondent
in US District Court for the District of Maryland, Northern District, for what I believe is fair use of snippets
of material from his blog. In order to make himself eligible for financial damages, Mr. Hoge has filed copyright
applications for every blog post for the months of March, April and May, 2014. As a result, even though he
gives NASA an unlinked image credit (while sometimes plagiarizing the text), his act of claiming copyright of
every blog entry, including images, seems to violate your policy of falsely claiming copyright in NASA
material.
These are the URLs where Mr. Hoge claims copyright of NASA images and text.
1. http://hogewash.com/2014/05/31/orion-in-3d/
2. http://hogewash.com/2014/05/30/serpens-cloud-core/
3. http://hogewash.com/2014/05/29/astro-proam/
4. http://hogewash.com/2014/05/28/galactic-magnetism/
5. http://hogewash.com/2014/05/26/in-the-eagle-nebula/
6.http://hogewash.com/2014/05/25/thats-no-space-station-its-a-moon/
7. http://hogewash.com/2014/05/23/a-new-crater-on-mars/
8. http://hogewash.com/2014/05/21/m60-ucd1/
9. http://hogewash.com/2014/05/20/cygnus-ob2-9/
10. http://hogewash.com/2014/05/19/the-giant-red-spot/
11. http://hogewash.com/2014/05/18/the-not-so-giant-red-spot/
12. http://hogewash.com/2014/05/16/neptune-triton-rings-and-stars/
13. http://hogewash.com/2014/05/15/inside-the-flame-nebula-2/
14. http://hogewash.com/2014/05/14/pan-and-zoom/
15. http://hogewash.com/2014/05/13/a-stellar-survivor/
16. http://hogewash.com/2014/05/12/the-grand-canyon-of-mars/
17. http://hogewash.com/2014/05/11/infrared-andromeda/
18. http://hogewash.com/2014/05/10/coronal-hole-squared/
19. http://hogewash.com/2014/05/09/b-and-c-in-uv/
20. http://hogewash.com/2014/05/08/inside-the-flame-nebula/
21. http://hogewash.com/2014/05/07/outbound/
22. http://hogewash.com/2014/05/06/53-years-ago-yesterday/
23. http://hogewash.com/2014/05/05/thats-no-moon-its-a-space-station/
24. http://hogewash.com/2014/05/04/whats-up-for-may/
25. http://hogewash.com/2014/05/03/m61-2/
26. http://hogewash.com/2014/05/02/26749/
27. http://hogewash.com/2014/05/01/the-pleiades-2/
28. http://hogewash.com/2014/04/30/rings-and-shadows/
29. http://hogewash.com/2014/04/29/missed-it-by-that-much-2/
30. http://hogewash.com/2014/04/27/asteroids-3/
31. http://hogewash.com/2014/04/26/brown-dwarf/
32. http://hogewash.com/2014/04/25/m5/
33. http://hogewash.com/2014/04/24/arp-81/
34. http://hogewash.com/2014/04/23/m101-in-ir/
35. http://hogewash.com/2014/04/21/just-a-bit-blurry/
36. http://hogewash.com/2014/04/20/mariner-4-and-mars/
37. http://hogewash.com/2014/04/19/the-tadpole/
38, http://hogewash.com/2014/04/18/surveyor-3-and-apollo-12/
39. http://hogewash.com/2014/04/16/new-moon-2/
40. http://hogewash.com/2014/04/15/a-horsehead-of-a-different-color-2/
41. http://hogewash.com/2014/04/12/mergers-and-acquisitions-2/
42. http://hogewash.com/2014/04/11/el-gordo-2/
43. http://hogewash.com/2014/04/09/get-ready-for-the-eclipse/
44. http://hogewash.com/2014/04/05/a-solar-flare-2/
45. http://hogewash.com/2014/04/04/themis/
46. http://hogewash.com/2014/04/03/mars-in-opposition/
47. http://hogewash.com/2014/04/01/encountering-hyperion/
48. http://hogewash.com/2014/03/31/ios-true-colors/
49. http://hogewash.com/2014/03/30/hollows-on-mercury/
50. http://hogewash.com/2014/03/29/1000-km-closer-to-mars/
51. http://hogewash.com/2014/03/27/you-cant-see-it-from-here/
52. http://hogewash.com/2014/03/25/breaking-up-is-hard-to-do/
53. http://hogewash.com/2014/03/24/confused-hubble/
54. http://hogewash.com/2014/03/22/a-seyfert-galaxy/
55. http://hogewash.com/2014/03/21/coming-attractions-lunar-eclipses/
56. http://hogewash.com/2014/03/20/measuring-a-black-holes-spin/
57. http://hogewash.com/2014/03/19/the-moons-north-pole/
58. http://hogewash.com/2014/03/18/the-monkey-head-nebula/
59. http://hogewash.com/2014/03/17/hubble-nets-a-butterfly/
60. http://hogewash.com/2014/03/16/missed-it-by-that-much/
61. http://hogewash.com/2014/03/15/preview-of-coming-attractions-3/
62. http://hogewash.com/2014/03/12/the-sun-in-january/
63. http://hogewash.com/2014/03/11/a-swift-tour-of-andromeda/
64. http://hogewash.com/2014/03/10/wimpy-x-rays/
65. http://hogewash.com/2014/03/09/exoplanets-and-exocomets/
66. http://hogewash.com/2014/03/08/a-telescope-larger-than-a-galaxy/
67. http://hogewash.com/2014/03/07/the-sand-dunes-of-mars/
68. http://hogewash.com/2014/03/06/a-day-on-mercury/
69. http://hogewash.com/2014/03/03/martian-sunset/
70. http://hogewash.com/2014/03/02/surveyor-1/
These 70 different URLs show NASA images with an unlinked NASA photo credit and NASA text. Mr. Hoge has
explicitly filed for copyright for EVERY PAGE and EVERY POST of EVERY BLOG ENTRY for March, April and
May 2014, so it would seem that he is also claiming copyright to these posts, since his application does not
exclude these posts from his Copyright Request.
<Screen Shot 2014-07-03 at 12.09.05 PM.png>
Now, according to 17 USC 506(c) Any person who, with fraudulent intent, places on any article a notice of
copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent,
publicly distributes or imports for public distribution any article bearing such notice or words that such
person knows to be false, shall be fined not more than $2,500. I am not sure if that is in total or for each
occurrence, but it is absolutely clear that this individual is claiming copyright ownership of NASA produced
material as a contractor with the Goddard Space Agency.
If you would like to speak to this individual, his name and address:
WJJ Hoge III
20 Ridge Rd.
Westminster, MD 21157
Phone: (410) 596-2854
Please forward this information to whoever is in charge of security at your Goddard operation. I AM GOING
TO MAKE THIS INFORMATION AVAILABLE TO THE PUBLIC TONIGHT!
Bill Schmalfeldt
Elkridge, MD
Mr. Hoge has lied to a Federal Judge by telling her he had the right to copyright everything on his blog. I have reported him to NASA,
Goddard and MEI. If he is no longer at MEI, they will know who to forward the information to. Tomorrow, I will contact the FBI and ask them to
Previous Article
My Reply to Hoge's Motion to Strike
Next Article
Another Hoge Stumble, This One Might
Hurt
consider prosecuting Mr. Hoge for violation of 17 USC 506(c). Dont take my word for it. Here is the statute.
(c) Fraudulent Copyright Notice. Any person who, with fraudulent intent, places on any article a notice
of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent,
publicly distributes or imports for public distribution any article bearing such notice or words that such
person knows to be false, shall be fined not more than $2,500.
By filing his suit against me, Mr. Hoge has stepped into a great big pile of uh oh. If he hadnt filed the suit, he would not have filed the stupid
preliminary injunction, if he hadnt filed the improper forms for his copyright applications, if he hadnt purchased the Krendler garbage and
shut down my book, he would be free to continue harassing me.
Now, I am going to shut him down, lock, stock and barrel. He has victimized me long enough, and it is over RIGHT NOW!
Hoge, I dont even want to settle with you anymore. I want you to prove that you purchased the document from Krendler. I want you to tell me
Krendlers name and address, and we will go forward with my countersuit. And bring the checkbook. You have a year and a half of hell to pay
for.
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Exhibit 8

8 July, 2014, Attempt to Comment at Hogewash! by Defendant

From: WordPress donotreply@wordpress.com
Subject: [hogewash] Please moderate: "Yours Truly, Johnny Atsign"
Date: 8 July, 2014 at 00:49
To: himself@wjjhoge.com
New comment waiting approval on hogewash
Bill Schmalfeldt commented on Yours Truly, Johnny Atsign
ANNOUNCER: From Westminster, its time for SOUND: Skype rings
once. JOHNNY: Johnny Atsign. BLOGGER: (Telephone
You need to read 17 USC 506(c) Any person who, with fraudulent intent,
places on any article a notice of copyright or words of the same purport that
such person knows to be false, or who, with fraudulent intent, publicly
distributes or imports for public distribution any article bearing such notice or
words that such person knows to be false, shall be ned not more than
$2,500. I am not sure if that is in total or for each occurrence, but it is
absolutely clear that this individual is claiming copyright ownership of NASA
produced material as a contractor with the Goddard Space Agency." In
essence, John, you have placed your copyright over the copyright of NASA.
That is a federal crime. You claim copyright of every page of every blog for the
months of March, April and May. That includes 70 NASA postings. I have
already contacted NASA, Goddard and MEI if you still work there. Tomorrow, I
call the FBI. And you know who you can thank? You can thank "A Reader." I
saw his butt-kissy remark about how BREATHTAKING your copyrighted NASA
entry was. And that got me to thinking... what are NASA's Terms of Use for
the material. I know it's free to use because it's a government agency. But
they have a line specically stating, and I quote, "It is unlawful to claim
copyright or other rights in NASA material." And that is precisely what you've
done, John. You have claimed copyright of every post of every page of every
blog entry for March, April and May, including 70 NASA posts. Now, I don't
know if the $2,500 will cover all sins, or if it's $2,500 per instance. That would
be something like $175,000. Now I o!ered to walk away from this, remember?
I said, you walk away, I walk away, no harm no foul. But you couldn't have
that. You had to continue to try to destroy me. And now the chickens have
come home to roost. Now, you can make it easy or you can make it harder
and more expensive. I want to know who Paul Krendler is (BTW, a copy of this
comment will become a part of the record, whether or not you publish it.) I
want his address. I want to see a copy of the agreement you signed with
Krendler to purchase his lthy blog entry. We're going to get your case
dismissed, then we're going to proceed with the counterclaim, John. And my
mood to just let bygones be bygones is LONG GONE! My advice to you is
that you need to start guring your least expensive, most face-saving way out
of this mess you've created for yourself. I will bend a little if I must. But this is
all on you, John. This whole thing, It's all on you. And you will have to pay.
Rest well.
Approve Approve Trash | Mark as Spam
More information about Bill Schmalfeldt
IP: 69.140.137.83, c-69-140-137-83.hsd1.md.comcast.net
E-mail: lordofsatire@gmail.com
URL: http://wmsbroadcasting.wordpress.com
Whois: http://whois.arin.net/rest/ip/69.140.137.83
Thanks for ying with WordPress.com



















Exhibit 9

Two Tweets from @wmsbroadcasting from 9 July, 2014























Exhibit 10

DMCA Takedown Notice

From: Steve - WordPress.com dmca@automattic.com
Subject: [DMCA #1890758]: DMCA Takedown Notice
Date: 14 July, 2014 at 12:13
To: himself@wjjhoge.com
Hi there,
We've received the DMCA notice (http://chillingeffects.org/dmca512/faq.cgi#QID130) below regarding material published on your
WordPress.com site, which means the complainant is asserting ownership of this material and claiming that your use of it is not permitted by
him/her or the law. As required by the DMCA, we have disabled public access to the material. Please note that republishing the material
without permission from the copyright holder will result in the permanent suspension of your WordPress.com site and/or account.
Repeated incidents of copyright infringement will also lead to the permanent suspension of your WordPress.com site. We certainly don't want
that to happen, so please delete any other material you may have uploaded for which you don't have the necessary rights and and refrain from
uploading additional material that you do not have permission to upload. Although we can't provide legal advice, we're happy to point you to
copyright law resources that might help you make this determination.
Alternatively, if you believe that this notice was received in error, or if you believe your usage of this material falls under the Fair Use provision
of US Copyright Law, it's important that you submit a formal DMCA counter-notice to ensure that your WordPress.com site remains
operational. A valid counter-notice will result in the material being returned to your site in 10 business days if the complainant does not reply
with legal action.
Please refer to the following pages for more information:
http://en.support.wordpress.com/counter-notice/
http://automattic.com/dmca/dmca-counter-notice/
After the notice, there is a list of the material claimed to be in breach of copyright, with the action that we have taken on this occasion. This is
the response that we have sent the complainant.
Thank you.
--- BEGIN NOTICE ---
Dear Designated Agent:
This will probably be a bit more personal than the usual DMCA Takedown Request you receive. I am in the midst of a Copyright Infringement
Suit led by William John Joseph Hoge III, who operates a Wordpress.com blog called Hogewash.com.
Before I detail the nature of this takedown, I have a question. Who owns the copyright on material published on a Wordpress.com blog? Your
Terms of Service make it appear that Wordpress.com owns the ultimate copyright. Am I correct in that assumption? Or can a user of a
Wordpress.com blog write up his own Terms of Service that seem to contradict the Wordpress.com ToS. As you peruse this Takedown
request, I invite you to review Mr. Hoges terms at http://hogewash.com/the-ne-print/
My name is William M. Schmalfeldt, 6636 Washington Blvd. #71, Elkridge, Maryland, USA, 21075
410-206-9637
bschmalfeldt@comcast.net
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner,
its agent, or the law.
I swear, under penalty of perjury, that the information in the notication is accurate and that I am the copyright owner or am authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
I acknowledge that a copy of this infringement notice, including any contact information I provided above (address, telephone number, and
email address), will be forwarded to the user who uploaded the content at issue.
I electronically sign below.
William M. Schmalfeldt
--- END NOTICE ---
1. http://hogewash.com/2014/05/31/orion-in-3d/
In accordance with the requirements set forth by the DMCA, we have disabled access to the material identied as infringing. Please note that
we have notied the user who uploaded the material to provide them an opportunity to formally challenge this removal. If the user decides to
submit a counter-notice you will be notied immediately.
submit a counter-notice you will be notied immediately.
2. http://hogewash.com/2014/05/30/serpens-cloud-core/
Access to the content in question has been disabled, according to the requirements of the DMCA.
3. http://hogewash.com/2014/05/29/astro-proam/
The content at issue is not hosted on WordPress.com. Please le a takedown notice with the appropriate third party.
4. http://hogewash.com/2014/05/28/galactic-magnetism/
The content at issue is not hosted on WordPress.com. Please le a takedown notice with the appropriate third party.
5. http://hogewash.com/2014/05/26/in-the-eagle-nebula/
The content at issue is not hosted on WordPress.com. Please le a takedown notice with the appropriate third party.
6. http://hogewash.com/2014/05/25/thats-no-space-station-its-a-moon/
Access to the content in question has been disabled, according to the requirements of the DMCA.
7. http://hogewash.com/2014/05/23/a-new-crater-on-mars/
The content at issue is not hosted on WordPress.com. Please le a takedown notice with the appropriate third party.
8. http://hogewash.com/2014/05/21/m60-ucd1/
Access to the content in question has been disabled, according to the requirements of the DMCA.
9. http://hogewash.com/2014/05/20/cygnus-ob2-9/
The content at issue is not hosted on WordPress.com. Please le a takedown notice with the appropriate third party.
10. http://hogewash.com/2014/05/19/the-giant-red-spot/
Access to the content in question has been disabled, according to the requirements of the DMCA.
11. http://hogewash.com/2014/05/18/the-not-so-giant-red-spot/
Access to the content in question has been disabled, according to the requirements of the DMCA.
12. http://hogewash.com/2014/05/16/neptune-triton-rings-and-stars/
Access to the content in question has been disabled, according to the requirements of the DMCA.
13. http://hogewash.com/2014/05/15/inside-the-ame-nebula-2/
The content at issue is not hosted on WordPress.com. Please le a takedown notice with the appropriate third party.
14. http://hogewash.com/2014/05/14/pan-and-zoom/
Access to the content in question has been disabled, according to the requirements of the DMCA.
15. http://hogewash.com/2014/05/13/a-stellar-survivor/
The content at issue is not hosted on WordPress.com. Please le a takedown notice with the appropriate third party.
16. http://hogewash.com/2014/05/12/the-grand-canyon-of-mars/
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---
Clicky Steve | Community Guardian | WordPress.com




















Exhibit 11

DMCA Takedown Rescission

From: Steve - WordPress.com dmca@automattic.com
Subject: [DMCA #1890758]: DMCA Takedown Notice
Date: 14 July, 2014 at 16:51
To: himself@wjjhoge.com
Re: [DMCA #1890758]: DMCA Takedown Notice
Under penalty of perjury I have a good faith belief that the material subject to the above referenced DMCA takedown was remove by
mistake. The individual ling the notice is neither the owner nor the agent for the owner of the material.
I consent to the jurisdiction of the U.S. District Court for the District of Maryland and will accept service of process from the person ling the
original takedown notice.
Hi there,
Thanks for your notice.
We have received notication from the complainant that the URLs in question have been wrongly identied as the target of the DMCA notice.
As a result, we will be restoring access to the material shortly.
We apologise for the inconvenience, and appreciate your patience with this matter.
---
Clicky Steve | Community Guardian | WordPress.com




















Exhibit 12

Example of an eBook with a Live Links

The following demonstrates a hyperlink embedded into an ebook. An extract from the
Kindle ebook Letters to Steve by Mark Milian is used as the example. The active link in
the ebook text is shown on the fourth page of this exhibit. A yellow highlighting bar has
been added on the fourth page. The linked website is shown on the fifth page. Images
were taken using an iPad.






















Exhibit 13

Example of a Tweet with an Embedded Link

On 15 February, 2013, I read the tweet shown in this exhibit in Defendants
@oldunclebastard Twitter account. The timestamp is in GMT.

Twitter encodes long URLs to save space. http://t.co/uZkIc4lA translates to http://
hogewash.com/2013/02/15/team-kimberlin-and-3-805/. The image of the web browser
image below the tweet shows the result of clicking on the embedded link.



























Exhibit D

My Slow, Journalistic Death, Chapter 13

24
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014


1
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

2
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

3
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

4
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

5
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

6
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

7
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

8
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

9
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

10
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

11
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

12
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

13
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

14
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

15
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

16
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

17
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

18
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

19
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

20
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

21
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

22
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014

23
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014


24
Extract of Chapter 13 from My Slow, Journalistic Death, Kindle Edition ! Printed 23 June, 2014






25




















Exhibit E

Are You Pondering What Im Pondering? Downloaded on 30 July, 2014, from http://
hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/
25
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 1 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/
108 THOUGHTS ON ARE YOU PONDERING WHAT IM PONDERING?

30

1 Rate This
Are You Pondering What Im Pondering?
Posted on 14 April, 2014
Troz! Brain how do you have a useful conversation with someone whos written more books than hes read?
SHARE THIS:
Twitter 1 Facebook LinkedIn 1 Email Print More
This entry was posted in Humor and tagged Poseur by wjjhoge. Bookmark the permalink
[http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/] .
! " # $ % &
Reblog Like
4 bloggers like this.
! "
RELATED
Are You Pondering What I'm
Pondering?
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Pondering?
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Pondering?
In "Humor" In "Lawfare" In "Humor"
gmhowell
hogewash
Never pick a ght with a man who buys pixels by the terabyte.
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 2 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/

8

0 Rate This
on 14 April, 2014 at 00:24 said:
Dont there have to BE merits in order to ADDRESS merits?

8

0 Rate This
gmhowell
on 14 April, 2014 at 00:25 said:
And yay, how did reply wind up here? Guess I need to FOCUS!

11

0 Rate This
Morpheus
on 14 April, 2014 at 09:05 said:
CBBS is giving all of us some nice evidentiary material to provide
his buddies at the HoCoSA ofce as well as to impeach him fol!
lowing his subpoenaed testimony in from of state and federal ju!
ries. Of special interest will be his self-published books and his in!
terests in things anal
The only merits CBBS ever earned were DEMERITS, hence his low
rank and it appears that he is still rank. To quote his mother during
his military parade, There goes my Billy! Hes the only one in step;
all the others are out of step

14

0 Rate This
texasslant
on 14 April, 2014 at 00:41 said:
Boom
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 3 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/

12

0 Rate This
texasslant
on 14 April, 2014 at 00:43 said:
I wrote a book called Ricky the Rock when I was 8. Does that count?

8

0 Rate This
Paul H. Lemmen
on 14 April, 2014 at 11:11 said:
I wrote an autobiography that is availabe in both print and down!
loadable from Amazon in kindle format. The Kindle has been
downloaded hundreds of times with all royalties being paid directly
to the Clerk of the Court for distribution to my victims. The same
with the print version, of which there have been sales to public li!
braries, again with all royalties going to the Clerk of the Court.
Since Bill didnt list any royalty payments from either Cafe Press or
Amazon, this reveals that either of two conditions exist:
A) There were no sales of Bills books or Team Kimberlin (or Team
Schmalfeldt) merchandise during 2013.
B) Bill led a falsied tax return.
This is an instance of a binary, there can only be an A or B, there is
no possible grey area where there is a possibility of some A and
some B or an existence of a C.

10

0 Rate This
texasslant
on 14 April, 2014 at 13:01 said:
Ah, theres the difference. You actually SELL books. CB
self-published blog ction, and he has no audience. His ir!
relevancy is epic. Lol
Paul H. Lemmen
on 14 April, 2014 at 13:21 said:
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 4 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/

7

0 Rate This
The additional difference is that I do not consider myself an
author. He trumpets that he is. Humility in all things. I am a
sinner and of no account.

9

0 Rate This
Neeland Bob (@embryriddlealum)
on 14 April, 2014 at 13:04 said:
LICKSPITTLE!
TRAILERPARKINSONS!!
FAN FICTION!!!
PODCAST!!!!

7

0 Rate This
LLC
on 14 April, 2014 at 14:26 said:
Alas, Ive written a couple books with more on the way, but I dont
post here often enough to count as a Lickspittle. I tend far more to
lurk and read than I do comment.

9

0 Rate This
librarygryffon
on 14 April, 2014 at 15:17 said:
I think Biwwy considers a single post as adequate quali!
cations to scream Lickspittle at you.
Welcome to the club!
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 5 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/

6

0 Rate This
Jane
on 14 April, 2014 at 19:14 said:
I was a lurker for a very long time myself, LLC. Hope you
nd the time and inclination to add to the conversation
more often.

8

0 Rate This
Leroy Oddswatch
on 14 April, 2014 at 07:26 said:
Ouch, too true!

9

0 Rate This
tomblvd
on 14 April, 2014 at 07:54 said:
Looks like Willy has decided hes no longer going to sit around and take it
anymore, hes now started dishing it out. (think, I know what you are, but
what am I?)
Hilarity ensues.

8

0 Rate This
Rain
on 14 April, 2014 at 08:15 said:
where are this books Twinkie is supposed to have written?
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 6 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/
cant nd anything on Google..
O.o

6

0 Rate This
Rain
on 14 April, 2014 at 08:15 said:
ack early morning typos
I meant to say these books

8

0 Rate This
Rain
on 14 April, 2014 at 08:17 said:
AND I realized I googled william instead of Bill
me and mornings just dont get along well

8

0 Rate This
tomblvd
on 14 April, 2014 at 08:19 said:
Just go to Amazon and search for his name, he has an authors
page.
Dont expect much. Although reading the book descriptions is in!
teresting and insightful.

10

0 Rate This
Frankie
on 14 April, 2014 at 08:32 said:
Also it appears he loves to leave his own feedback on his
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 7 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/
books as well. Quite the Renaissance man he his. Writes a
book, self publishes, then reviews it himself. He does it all.

7

0 Rate This
Leroy Oddswatch
on 14 April, 2014 at 08:38 said:
Everybody needs a hobby.

8

0 Rate This
Rain
on 14 April, 2014 at 08:50 said:
I did, and was wondering what serious publisher would
waste time and money on Twinkies writing?
Answer- NONE they are all self published
now the question is, how many copies (if any) soldgoing
by his taxes, again the answer is NONE
O.o

6

0 Rate This
Morpheus
on 14 April, 2014 at 09:07 said:
Boom!
Neeland Bob (@embryriddlealum)
on 14 April, 2014 at 09:22 said:
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 8 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/

6

1 Rate This
I think we should stop mocking the TrailerParkTard so Mr.
Hoge doesnt lose his blog and his freedom.

7

0 Rate This
Paul H. Lemmen
on 14 April, 2014 at 11:18 said:
Rain: See my reply above regarding self published books
on Amazon, royalties and taxes

7

0 Rate This
hkk
on 14 April, 2014 at 09:23 said:
Now that his mom isnt around, he has no one to read them to. So sad.

7

0 Rate This
Morpheus
on 14 April, 2014 at 09:43 said:
Did anyone else notice the crazed half-mad expression on CBs
face posted alongside some communist intellectual heavyweights
as if he was the houseboy? It reminds me of Crazy Guggenheim.

8

0 Rate This
librarygryffon
on 14 April, 2014 at 10:18 said:
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 9 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/
Yes indeed. I wasnt sure if it was supposed to be demented or
just half-witted. It was also unclear whether either of those was the
impression he really wanted folks to take away from it.

9

0 Rate This
Frankie
on 14 April, 2014 at 10:42 said:
He says much smarter people are mocking us. Can he tell
us who they are? Its certainly not the man who has been
owned for 3 straight years buy the stupid Knot folks.

4

0 Rate This
Neeland Bob (@embryriddlealum)
on 14 April, 2014 at 11:00 said:
Owned like Kunte Kinte.

5

0 Rate This
librarygryffon
on 14 April, 2014 at 10:26 said:
Should we take it from this:
One of you point me toward a book you've READ, let
alone written. Coloring books don't count. Where are
YOUR radio stations? YOUR Podcasts?
Bill Schmalfeldt (@PatOmbudsman) April 14, 2014
that Unca Biwwy thinks we need to start a book club? Or does he just
want some suggestions for himself of real books to read?
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 10 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/

8

0 Rate This
tomblvd
on 14 April, 2014 at 10:57 said:
Sorry Willy, I dont read many books with pictures. And judging on
your writing ability (thanks Kindle samples!), Im not uent in gib!
berish either.

3

0 Rate This
Neeland Bob (@embryriddlealum)
on 14 April, 2014 at 11:11 said:
Commodore DIck Dents is always worried about the lives
of others. Cant say as I blame him. Look at his life. The
CURE, COMMODORE. TAKE THE CURE!

8

0 Rate This
Unknown Simian
on 14 April, 2014 at 11:37 said:
Ill bite, just because he asked. Im not a writer, not a talent of
mine. Also dont have the time to setup/run a radio station. Too
busy with life for that.
Books Ive read? Numerous, but include The Prince (Il Principe),
The Art of War, The Book of Five Rings (Go Rin No Sho), and for
amusement, Don Quixote, Frankenstein, Dracula, plus many nov!
els by A. Conan Doyle, Orwell, Asimov and Dickens. And thats not
counting modern lit, or programming and modern statistics and
business tomes
Dianna
on 14 April, 2014 at 17:00 said:
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 11 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/

4

0 Rate This
Im always game for some literary discussions!

5

0 Rate This
librarygryffon
on 14 April, 2014 at 18:21 said:
We could always start a Goodreads group. Which is actu!
ally a half-serious suggestion.

7

0 Rate This
librarygryffon
on 14 April, 2014 at 10:47 said:
Oh Dear. Unca Biwwy is worried that were too stupid to understand that
hes mocking us dim folks.
Unca Biwwy wont tell us his ASVAB score. Or his SAT score. Or his IQ.
My GRE was 2270; when I took it it still had a valid relationship to IQ
scores, and mapped to a 155. Can he beat that? Or is he too chicken to
give us the REAL info?
Im going to bet that hell say something he thinks is witty about scoring a
beeeeelion on something, and then post more assinine tweets, which
will only prove to anyone reading them what an imbecile he really is.

6

0 Rate This
Neeland Bob (@embryriddlealum)
on 14 April, 2014 at 11:12 said:
He says I am Chris Heather. That is all you need to know about
Admiral MotherSchmalfeldtSquackWastes intelligence.
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 12 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/

7

0 Rate This
librarygryffon
on 14 April, 2014 at 11:24 said:
Now Im a dim, very dim girl.
I has a sad. NOT! LOL
And he still wont say a damn thing to prove that hes
smarter than room temperature.

6

0 Rate This
librarygryffon
on 14 April, 2014 at 11:24 said:
Or even pretend to say/show anything.

6

0 Rate This
ratt22
on 14 April, 2014 at 11:54 said:
Fatboi sticks out like a turd in a punchbowl when he
writes somethingit actually very humorous! I thought I
was a sock!

5

0 Rate This
I am a commenter
on 14 April, 2014 at 19:26 said:
Thats probably someone he was a complete jackass to!
ward. A problem with my theory is that he seems to be a
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 13 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/
complete jackass toward EVERYONE, so its hard to see
how he can eliminate it down to just one person.

8

0 Rate This
librarygryffon
on 14 April, 2014 at 11:56 said:
Poor Biwwy wants proof. Hes the one claiming Im dimmer than
he is, so why wont he show us his proof? Hes the one claiming
hes so smart, so hes the one who need to cough up the docu!
mentation.
I sat the GRE back in 84. Weve moved a lot since then, and the
records arent in the box theyre supposed to be in. I remember
the breakdown as 750 verbal, 720 quantitative, (which surprised
me, having taken no math in 6 years) and an 800 on the then new
analytical section.
However Ive got two masters degrees, one in Medieval History
from Trinity College Dublin, (a university which ranks with Oxford
and Cambridge, and which gave Oxford girls their degrees for
decades) which right there ought to suggest somewhat above av!
erage IQ, and an MLS from SUNY Albany (I can check and see if
the GRE is part of their records), with a 3.47 GPA.
My husband scored a 99th percentile on his ASVABs from the
Navy.
Can Biwwy show anything along those lines? Or are we just sup!
posed to believe that simply because he has the ability to call us
dim that is somehow empirical proof of his claim to superiority?

9

0 Rate This
ratt22
on 14 April, 2014 at 12:01 said:
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 14 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/
Fatboi hasnt taken any stinkin tests! He would use the pa!
per to draw pictures and attempt to produce a comic
book.

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0 Rate This
Morpheus
on 14 April, 2014 at 12:17 said:
I hazard that CB comes in with an IQ at around 90-91 on
the high side and 84-85 on the low side. He obviously did
not do well on Navy tests. I do agree with ratt22s com!
ment about the comic books.

4

0 Rate This
Paul H. Lemmen
on 14 April, 2014 at 12:38 said:
During the 26 months of pre-trial detention as a federal de!
tainee the proecution subjected me to several exams (in!
cluding the Minnesota Multiphasic Personality Inventory
and Stanford-Binet Intelligence Test) and psych interviews
(because they couldnt get the result they wanted from the
Psychologists and Psychiatrists to show any mental defect
or disease). As I am a federal convict, those results should
be available as they are public records. That may not be
the case as they were never used to convict me as I, after
26 months of connement 900 miles away from my wife
and under seizure of any funds deposited to my commis!
sary account (my wife tried to deposit $50 from her mother
so I could purchase stamps to write her and it was seized
off the books) accepted the governments proffer of a plea
deal (a full 18 months after its initial offering). The Stanford-
Binet indicated an IQ of 165. I did not receive a copy of the
result for the Minnesota Multiphasic Personality Inventory
so I cannot speak to its results.
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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Neeland Bob (@embryriddlealum)
on 14 April, 2014 at 14:22 said:
Fake sailor. Fake scores.

6

0 Rate This
Jane
on 14 April, 2014 at 20:27 said:
1984, huh? 30 years ago and you cant put your hands on
them within seconds and post your scores to the internet
within minutes? hahaha
Guess those scores arent as important to you in 2014 as
the creepy-crawlys note from his ex-wife from roughly the
same time period. Who on earth aunts being a cuckold?
hahaha And who hangs on to photos of them with their ex
to display on the internet THIRTY YEARS later? What a pa!
thetic loser.
Well, come to think of it that may have been one of his
high points, compared to the rest of his miserable life. ha!
hahahahahaha Such a mental midget he is.
Hey, maybe thats the commonality he and his (former*)
buddy have In common? You know, the whole midget
thing; ones diminuitive size, and at least ones IQ being a
single digit; midget size/midget intellect.
*That after court report never came, did it? How big of a
loser does one have to be to be unfriended by a convicted
domestic terrorist who is LEs only suspect in the murder
of a grandmother, and whose suspect motive was an inap!
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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propriate relationship with her pre-teen granddaughter?

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wjjhoge
on 14 April, 2014 at 12:02 said:
I doubt that the Cabin Boy ever took the SAT (or the ACT) or
that he has ever seen his own IQ score.
FWIW, Ive scored as low as 68 on an IQ test. It was one given to
me when I entered kindergarten. The test was designed for
preschool kids who couldnt read, and I was already reading at the
second grade level. I got bored and didnt cooperate with the test.
I did better when I was given a test designed for elementary school
children.
My SAT scores were in the 99th percentile. 800 on math and 690
on verbal. 50 years later, I can take those score and a ve dollar
bill to Starbucks and get 50 cents worth of bad coffee.

7

0 Rate This
librarygryffon
on 14 April, 2014 at 12:13 said:
Which is why I cant nd the things. 8) They really havent
been at all important to me for over two decades. At this
stage if I wanted to go back to university, theyd just want
my previous transcripts, they dont care about standard!
ized tests. Especially with they way theyve been dumbed
down over the years.
I had a girl the other day saying she couldnt understand
why the SAT has a written essay section, since none of the
universities she applied to wanted to see it.
And ones ability to take tests also factors in. Im pretty
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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good at it. I got much higher on the SAT subject test for
Chemistry than my teacher expected, given that it was my
rst year and I was only running a B (and I was only 14).
The analytical section of the GRE was fun because it was
just like the logic problems I do to relax. I came out of the
test at the end and fellow students who I know were well
into genius territory (I felt like a blithering idiot next to them,
they all had sat and gotten Schol) were all freaking out
about how they only got 15, maybe 20, of the 25 ques!
tions answered in each of the two sections we had and
they didnt think they got them right. I nished all of it, n!
ished checking everything, and had at least 5 minutes left
each time. I just sympathized with them, suspecting that
tact required not mentioning how easy I thought it was.
But CB should be able to come up with ASVABs, and
when he took them they could be used for applying to
Mensa. Im going to guess that they probably werent high
enough.

9

0 Rate This
Paul H. Lemmen
on 14 April, 2014 at 13:32 said:
Heh. Right on the money. I understood that the prosecu!
tion wanted those results to assist them in prosecuting me.
Their results are practically useless in everyday life. I would
rather be a dumb as a post person in a state of grace than
a genius sinner.

10

0 Rate This
Leroy Oddswatch
on 14 April, 2014 at 13:57 said:
My SAT scores were 800 math, 790 verbal, and, like our
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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esteemed host, I can get a drink at Starbucks for about a
n.
More amusing, the next-to-youngest of my offspring was
studying her brains out for the GRE a few years back, and
snapped at me when I pointed out shed do better if she
would relax a bit.
In particular, she said, lets see you do better without
studying!
Well. Challenge accepted.
Unbeknownst to her, I scheduled myself into the same
testing location, and we took the GREs the same day.
My scores were in the 99th percentiles for all sections
hers were in the low 90th percentiles. Good enough to get
her into any grad program in her chosen discipline.
I did not study, nor did I use more than half the allotted
time for any of the tests.
Her response to my scores?
Oh, Dad, everyone knows youre smart enough to ace a
test cold!
Followed by a hug.

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librarygryffon
on 14 April, 2014 at 18:22 said:
Leroy I like your daughter.
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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0 Rate This
Leroy Oddswatch
on 14 April, 2014 at 20:37 said:
She is a most excellent person, librarygriffon.
Was talking with her this weekend, and she, and her new
hubby(dont get me started on what a great guy he is) have
just started investment accounts.
It struck me, just then, how grown up she has become,
and how very like her mother she is.
Always planning, always ve steps ahead of the next per!
son in the room, intense, but considerate.
She is a peach!

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0 Rate This
librarygryffon
on 14 April, 2014 at 21:44 said:
The relaxing bit for studying reminds me of my fathers sto!
ry of one of his engineering profs. This guy told his classes
that the best way to study the night before the test was to
go to a movie. Either you already knew the all stuff, so re!
laxing and getting good nights sleep was the best thing
you could do, or you didnt already know it all in which
case you werent going to learn that much of it by staying
up the whole night before, and the lack of sleep was going
to make sure you didnt remember what you did know.
Likewise, a friend of mine did her MLS and her JD simulta!
neously, planning to become a law librarian. Having got her
JD she gured she might as well sit the bar, just to see, al!
though she wasnt planning on ever practicing and didnt
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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need it. Naturally she aced the test; it wasnt overly impor!
tant to her so she wasnt forgetting stuff and/or messing
up because of anxiety.

1

0 Rate This
Some1
on 15 April, 2014 at 14:12 said:
I never took the SAT, but my ACT scores were over
9000!!!1!eleventy!! Actually, if I recall correctly (because
honestly, who cares at this point?), my composite score
was equivalent to the tenth prime number.

9

0 Rate This
librarygryffon
on 14 April, 2014 at 12:31 said:
After this discussion of smart, I thought I should add that its really not
that important. Ive got plenty of friends and good acquaintances who
arent geniuses, but who have kindness and wisdom, two far more
important traits which have nothing to do with IQ or even book smarts,
but which are what makes a person worth spending time with. If I sat the
GREs now, Id probably score much worse, but I dont care. Im a work in
progress, as is anyone else worth hanging out with, and Ive realized over
the years that the areas worth working on arent the ones that will improve
ones standardized test scores.
While were pretty sure that Unca Biwwy isnt high on the book smarts
scale, Id say right now hes far, far, lower on the kindness and wisdom
scales, which are the real reason no one wants to be around him.
I enjoyed watching House, but really, whod want to have to deal with a
Greg House in real life on a regular basis? If theyd killed off Wilson before
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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the end of the series, I think I would have stopped watching.

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0 Rate This
Leroy Oddswatch
on 14 April, 2014 at 14:04 said:
^This.
Character is more important than smarts.
Sadly enough, Cousin Bill has neither, despite having the same gi!
ant melon head that I have. Hat size? 8 7/8.

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0 Rate This
Paul H. Lemmen
on 14 April, 2014 at 19:14 said:
Amen my dear lady! You are on the right road for a rewarding and
fullled life.

9

0 Rate This
Army Vet
on 14 April, 2014 at 12:42 said:
All you need to know about how smart Schmalfeldt is can be gleaned by
the fact that he still claims to have spoken to a court clerk in the late
afternoon of Christmas Eve when the courts were closed. The fact that he
wont even admit that lie is proof positive that his intelligence is
nonexistent.
wjjhoge
on 14 April, 2014 at 12:45 said:
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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Stupid is as stupid does.

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0 Rate This
Paul H. Lemmen
on 14 April, 2014 at 13:35 said:
Mea culpa, mea culpa, mea maxima culpa.

5

0 Rate This
Paul H. Lemmen
on 14 April, 2014 at 19:18 said:
Meaning of course that I confess my guilt in being very stu!
pid at times and having done very stupid things. Through
my fault, through my fault through my most grievous fault. I
alone am responsible and beg everyones forgiveness for
my acts.

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0 Rate This
tomblvd
on 14 April, 2014 at 12:56 said:
I value intellectual consistency more than most things. We can see
Willys #fail there is with his pictures this morning: I suppose you
think this means x., etc.. That while screaming that a picture of
a Mr. Bill doll and a sawzall is a death threat.

7

0 Rate This
Rain
on 14 April, 2014 at 13:45 said:
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 23 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/
thats part of what makes him so funny, he sees death
threat in that pic of Mr. Bill but cant see ANY POSSIBLE
VIOLATIONS!!1!!!1 in his twitter timeline
He sees what he wants, when he wants and doesnt when
he doesnt
O.o

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0 Rate This
Frankie
on 14 April, 2014 at 14:36 said:
I do a pretty good Army Tard impression.
*ahem!* HEEENGH! HEEEENGH! CHRISTMAS
EVE! COURTHOUSE! CLERK! HEEEENGH!
HEEENGH!" Thank you.
Bill Schmalfeldt (@PatOmbudsman) April 14,
2014
Sad thing is, he knows he lied, but he just cant admit it. So he
tries to make fun of other people. The man is a true coward. An
intellectual midget with the self awareness of a stump.

6

0 Rate This
Dianna
on 14 April, 2014 at 17:35 said:
To say nothing of his veracity.
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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0 Rate This
Kyle Kiernan
on 14 April, 2014 at 12:56 said:
Why wont CB unearth his ASVAB scores? Because they live in the saem
envelope as his DD-214s which he would immediately be inundated by
requests for if he ever so much as breathed ASVAB
His books are the worst sort of Mary Sue tropes but at least he has
mostly stopped supplying his own ratings since I ragged him about it. At
least now it looks like he uses socks for the job. Funniest bit about his
self-ratings was that he had the chutzpah to provide reviews on himself
but then didnt have the commitment to give himself 5 stars. Liek it gave
some sort of credibility to his review.

6

0 Rate This
ratt22
on 14 April, 2014 at 13:55 said:
Fatboi probably got confused with all the nice colors and lines on
Amazons website that he forgot why he was there!

7

0 Rate This
Frankie
on 14 April, 2014 at 14:47 said:
I know Hoge's not calling ME stupid. Shit. He couldn't get
a single one of his 367 charges against me to stick, and
I'M the stupid one?
Bill Schmalfeldt (@PatOmbudsman) April 14, 2014
I dont recall our host calling anyone stupid, but if I recall correctly, the
charges were dropped because he asked for them to be.upon the
Cabin Boys promise to quite being such an asshole. So couldnt get a
single one of his 367 charges against me to stick is very dishonest. But
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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what can you expect, the Cabin Boy is a very dishonest man.

10

0 Rate This
tomblvd
on 14 April, 2014 at 15:30 said:
Circle the tweet. Tell me why it's a violation, and I will
have my wife drive me RIGHT to the jail!
Bill Schmalfeldt (@PatOmbudsman) April 14, 2014
Willy, you deleted most of your tweets. How the hell are we supposed
circle anything?
My God are you dim.
And nobody here is going to draw you a picture. Its been explained to you
over and over. Think extortion.

9

0 Rate This
librarygryffon
on 14 April, 2014 at 15:32 said:
He must have been very busy 9 pm on the 11th, and 4 pm on the
12th, when around 2500 tweets disappeared from his timeline.
Maybe thats why he was so cranky yesterday.

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0 Rate This
tomblvd
on 14 April, 2014 at 15:34 said:
For somebody who didnt do anything wrong, he sure
does spend a lot of time cleaning up after himself.
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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0 Rate This
librarygryffon
on 14 April, 2014 at 16:59 said:
#Logicfail. He tells us what he did at those two exact
times, expecting us to believe he couldnt have been doing
anything in the time between.
And I didnt have to count anything. Just look at some!
ones main twitter page. It tells you have many tweets are
on that account. So, a screen cap from 9pm on the 11th
says Tweets with 14.6K right under that word, while a
screen cap from 4:30 pm on the 12th says 12.1K under
tweets. No counting necessary. So easy even a cabin boy
could do it!

11

0 Rate This
EPWJ
on 14 April, 2014 at 16:23 said:
For somebody who didnt do anything wrong, he sure does spend a lot
of time cleaning up after himself
thats his problem hes cleaning the wrong end

8

0 Rate This
tomblvd
on 14 April, 2014 at 16:50 said:
Doggy, in order to commit "extortion" in Maryland, I
have to demand something of value from someone or else
I'll do something BAD.
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 27 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/
Bill Schmalfeldt (@PatOmbudsman) April 14, 2014
Youre getting warmer!
But we still arent telling you.

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0 Rate This
tomblvd
on 14 April, 2014 at 16:52 said:
But then again Willy, youve completely scrubbed your twitter time!
line. You also admit to not remembering things that have hap!
pened in the recent past. How can you be sure youre innocent of
you cant lookup or remember what you wrote?

9

0 Rate This
tomblvd
on 14 April, 2014 at 16:54 said:
At 9pm on the 11th, I was VERY busy. Going to bed. At
4pm on the 12th I was getting a fro yo out of the freezer
and putting it in the fridge
Bill Schmalfeldt (@PatOmbudsman) April 14, 2014
So either someone hacked your twitter account and deleted thousands of
tweets, or you did it yourself some other time. Either way, not good.
You really suck at this Willy.

10

0 Rate This
librarygryffon
on 14 April, 2014 at 17:00 said:
I nd it interesting that he expects us to believe that he did abso!
lutely nothing between those two times. Did he not get out of bed
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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until 4 pm on Saturday?

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0 Rate This
Neeland Bob (@embryriddlealum)
on 14 April, 2014 at 18:29 said:
Admiral SquackWaste took hi Twitter private. Im taking 1400hrs.
Mountian time tomorrow in the pool.

7

0 Rate This
tomblvd
on 14 April, 2014 at 17:58 said:
Willy wants me to prove hes scrubbing his timeline. Here are three tweets
in succession:
Bill Schmalfeldt @PatOmbudsman Apr 5
Fuck em. Im back.
Expand
Bill Schmalfeldt @PatOmbudsman Mar 24
.@SexAngelsUnited @PalatinePundit @MJanovic What Grady does is
classic stalking.
View conversation
Bill Schmalfeldt @PatOmbudsman Jan 29
#nowPlaying at the Cabin Boy Comedy Club, 01 Right and Wrong
http://cabinboyradio.com
Expand
Thats a pretty big gap Sparky. Whered all those tweets go?
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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0 Rate This
tomblvd
on 14 April, 2014 at 18:07 said:
Sorry John, I just realized I left Cabin Boys droppings on the oor
in this post, you can delete it if you want.

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0 Rate This
tomblvd
on 14 April, 2014 at 18:02 said:
"Either way, not good?"
FUCK you, Doggy! I didn't delete any tweets, but if I
wanted to, IT'S MY BUSINESS, right?
Love,
Biwwy
Bill Schmalfeldt (@PatOmbudsman) April 14, 2014
Good Lord! Willy doesnt know how twitter works!
Hint: You can scroll down.

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0 Rate This
jem
on 14 April, 2014 at 18:09 said:
This needs to go in the just-name-one-lie-i-have-told le.
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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Ratt
on 14 April, 2014 at 18:05 said:
Fatboi is going to hurt himself thinking if you keep it up!

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0 Rate This
tomblvd
on 14 April, 2014 at 18:17 said:
A while ago Willy took umbrage with me when I called him a sub-
literate moron. Well, Ive read samples of his books, and I can say
conclusively that he most certainly is sub-literate. His books are
ABOMINATIONS (he really likes using caps lock in his writing). He
is also the rst author Im aware of who plagiarizes himself. Yep, a
few of his books have entire pages in a row worth of writing that is
identical. I suppose its easy to write multiple books when theyre
just recopied.
Also, he doesnt understand how twitter works. Third graders
know how twitter works. So he is a moron. Sorry Willy, you are in!
deed a sub-literate moron.

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0 Rate This
Patrick Grady
on 14 April, 2014 at 18:15 said:
Say, did I nd the right titles? This is the Cabin Boy bibliography I came up
with:
1. John Kerry & Me: What To Do When Your SAT Score Is Join the Navy
Before You Get Drafted, You Coward
2. Dads New Wife Bruce
3. Coping With Your Mean Old Grammas Murder That She Probably Had
Coming (co-authored by Anonymous)
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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4. Billy Was So Bad His Mommy Stopped Loving Him
5. Curious George & The Anal Rape Enthusiast (a 188 word short story)
6. Doxing For Fun and Prot (But Really Only For Fun)
7. Doxing For Fun and Prot, Book 2: The Society of Professional
Journalists Code of Flexible Ethics
8. The Fancy Feast Diet: Eating Well On A Government Pension
9. Chicks Dig Windowless White Vans And Candy (co-authored by
Anonymous)
10. Bullies Have More Fun
11. How To Create A Successful Internet Radio Station
12. Your Mommy Swims Out To Meet Every Troop Ship Except Daddys
13. Its Too Late For Me: Child Support Is Not Fatherhood And Other
Advice I Should Have Listened To
14. Not Stupid, Just Different Lies My Parents Told Me
15. The Most Fun Plugs Dont Go In Your Electrical Outlet
16. Bulls Eye On My Forehead: Parkinsons, Immobility & The Wisdom of
Cyberstalking Random Strangers

7

0 Rate This
Neeland Bob (@embryriddlealum)
on 14 April, 2014 at 19:13 said:
They look about right, Patrick. Especially number thirteen.

6

0 Rate This
Paul H. Lemmen
on 14 April, 2014 at 19:31 said:
You are missing his books on Ali, National Bloggers Club, Karl
Rove, Foster Friess, Lee Stranahan at the very least they were
published during 2012 They were also heavily advertised on
the old Patriot Ombudsman site and probably captured in the
WayBack machine. Very lurid covers containing fever-swamp
imaginings (very homoerotic especially the Ali and Karl Rove one.
Im sure Bill still goes to his sweaty-palmed happy place when he
re-reads that one) and delusions of adequacy.
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
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0

0 Rate This
Black Betty
on 22 April, 2014 at 00:06 said:
Oh mywell those are different.

8

0 Rate This
tomblvd
on 14 April, 2014 at 18:21 said:
https://twitter.com/PatOmbudsman/status/455831606716948480
Then what happened to everything before Jan 29? Do you want us to
believe that you were private before then?
Keep digging Chubs.

7

0 Rate This
tomblvd
on 14 April, 2014 at 18:36 said:
For anybody who was wondering, that tweet of Willys said his ac!
count was protected from the end of January to the end of March.
(at least thats pretty close to the dates.)
He cant even lie well. After all this practice, youd think hed be
good at it.

9

0 Rate This
Patrick Grady
on 14 April, 2014 at 19:42 said:
20140731, 01:23 Are You Pondering What Im Pondering? | hogewash
Page 33 of 38 http://hogewash.com/2014/04/14/are-you-pondering-what-im-pondering-648/
I can tell you rst-hand that this is absolute Schmalfeldt.
He doxed me on Feb 7th and was crowing about it for two
days. I have screen caps.

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0 Rate This
Neeland Bob (@embryriddlealum)
on 14 April, 2014 at 19:52 said:
Profundity has never been his strong suit. He is easily con!
fused. Fake Parkinsons and all.

6

0 Rate This
Paul H. Lemmen
on 14 April, 2014 at 22:47 said:
ho-lee crap Batman, Unca Biwwy has lost at least 15 followers
since he went private a few hours ago

3

0 Rate This
utvideam
on 15 April, 2014 at 10:20 said:
He probably blocked people he suspected of being lick!
spittle plants to try to avoid being monitored while in lock!
down.
tomblvd
on 14 April, 2014 at 18:22 said:
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OH. MY. GOD.
Fat, sub-literate moron Willy gets caught in a lie, then hides his twitter TL!
What a man!

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librarygryffon
on 14 April, 2014 at 18:42 said:
And because weve pointed out the change in the number of
tweets that alone is proof that were planning on ling charges?
What planet does that creature live on? I think he needs to be
down rated from moron to imbecile.
Also, theres a huge difference between being concerned about
someones tweeting habits, and simply noting the changes in num!
bers. I dont care. But for some reason Unca Biwwy cares very
much. Ill leave it to others to worry about that.

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Claire
on 14 April, 2014 at 18:28 said:
CBBS just went to protected status on Twitter (Long time lurker. Seldom
comment.)

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tomblvd
on 14 April, 2014 at 18:30 said:
I think we hurt his feelings, again.
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Jane
on 14 April, 2014 at 22:15 said:
Please do join us in commenting more often if you can, Claire. I
was a lurker for a very long time too. Its even better to add to the
fun.

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tomblvd
on 14 April, 2014 at 18:58 said:
I think Willy went private April 3rd? Does that sound right? When did he
come back?

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EPWJ
on 14 April, 2014 at 20:11 said:
I just was wondering where he gets the pass from the royalty companies
for all that music he was playing non-stop at times for days on end on his
radio stations. I would not be surprised if the fees owed by bill were in
the tens of thousands of dollars

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tomblvd
on 14 April, 2014 at 20:34 said:
I highly doubt that. Im sure there are feeds you can subscribe to,
and they probably have free trial periods, so that explains why he
changes them so often.
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Neeland Bob (@embryriddlealum)
on 14 April, 2014 at 20:34 said:
Remember. I have 1400hrs. Mountain Standard time in the
SquackWastes return to Twiiter pool.

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jem
on 14 April, 2014 at 20:37 said:
Dang, didnt get to tell him good night and remind him to take his
meds.

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Jane
on 14 April, 2014 at 22:28 said:
No worries. Hes still reading every single word posted
here. And probably tweeting about this site to himself, like
always. At least when his twitter feed is public, he can pre!
tend hes addressing the posters here. Now hes even
more pathetic.
Probably will copy this post and tweet it out (to absolutely
no one) before you even read it, jem. hahaha
Hes such an idiot, he not only provided proof of being a
cuckold; he not only wrote a letter to a judge, making it a
public record, admitting his dementia; he also gave a de!
tailed account of his typical day in his twitter feed. Pathetic
loser is an upgrade from what he really is.
Bottom line, according to what he wrote, he spends virtu!
ally all of his waking hours sitting alone at his computer in a
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space so cramped, he has to move his chair out at night.
And as we all know, most of that time is spent reading
here, or writing about the Hogewash community.
Worthless, unwanted, were all he has. And he not only did
it to himself, he continues the same behaviors that have
alienated most anyone with whom hes ever come into
contact. Including his own children. What a grotesque cari!
cature of a human being, huh?

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Frankie
on 14 April, 2014 at 21:07 said:
It just too easy to prove his lies. Then he gets all butt hurt. No, no, not
from his usual activities, but from having people realize what a constant liar
he his. So take your Twitter private, delete, delete, delete. Try to scrub
your vileness and lies. It wont help. Everyone remembers what a liar and
slime bag you really are.

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Tao
on 15 April, 2014 at 06:53 said:
..and Billwe got it all on tape, including all your commentary
from all your radio stations, yes Billall of them. Its amazing how
long it will take you to ll up a 4TB hard drive dedicated just to
your thoughts.
Always remember the ancient saying Revenge is a dish best
served COLD
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