Well, I’m Just Gonna Stick This Right Here


Bill Schmalfeldt isn’t just a liar anymore.

Pontificator Eeek

He’s also a plagiarist and, as we’ve all believed for a long time, almost certainly a copyright thief.  It was pretty ironic that his “Pontificator” blog post today railed against some anonymous schmo from Alpharetta who probably clicked the wrong mouse button when there was a real bad guy so close at hand.

As pretty much everyone who reads this knows, Mr. Schmalfeldt has sued in the federal district court in Wisconsin Sarah Palmer and Eric Johnson, who are represented by Aaron Walker.  I’ve been helping Aaron from time to time as a paralegal, happily working under his excellent supervision.  So today one of Bill’s filings showed up on PACER that struck an odd note as I looked at it.

Motion Caption

No, it wasn’t the grotesque and cumbersome title.  It was a paragraph- No. 15- in the motion that sounded really coherent and well written.  “Aha!” thought I.  He didn’t write that.

Motion Para 15

So who did?, I wondered.  But not for long.  A few keystrokes and the Internet showed me an article with a paragraph that was eerily similar.

The Quarter Hour article
Copyrighted material, all rights reserved in the copyright holder. These excerpts are used under the Fair Use Doctrine in order to illustrate the educational points made in this blog post

Oh dear. Not just eerily similar- exactly the same.  So do I think attorney Dan Tranen copied that paragraph from Bill Schmalfeldt’s filing somehow?  Nope.  Do I think Bill called up someone at Affinity Insurance Services, Inc. and received permission to use the paragraph in his filing?  Are you kidding?

Bill Schmalfeldt found this article on the Internet while he was desperately looking for stuff to spiff up his motion and he figured nobody would ever be the wiser if he, err…stole it.

Well Bill- think again.

Letter to Tranen and Affinity executed page 1

Letter to Tranen and Affinity executed page 2

This will go to the addressees on Monday, the 21st, with a copy of the motion.  Unless…

If Bill Schmalfeldt wants to comment in the thread that follows this post only- that is not general permission to post at Dave Alexander’s blog, Bill– and explain how this situation came to be, he is welcome to so long as he does not call names and sticks to the subject.  He should please understand that this is not an invitation to disregard from this point forward the cease and desist letter that I wrote to him last fall.  Rather, it is a limited chance to explain his side of the story to the extent that there is one.   I want to be fair, and if he can show that his filing did not contain material that he plagiarized and which infringes on a clearly marked copyright, I will not send the letter and will announce an apology here for somehow misconstruing what he has done.

Bill Schmalfeldt has until 2:00 p.m. Alaska time (EST minus four hours) on the 21st to provide an explanation.  We’ll see.

Tick-tock.

David Edgren

UPDATE: Well, we’re now inside of 24 hours. Cue the crickets…

Crickets

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34 Responses to Well, I’m Just Gonna Stick This Right Here

  1. theman9876 says:

    Hum……….Will he or Won’t he respond right here in this comment section? First, does he have the intellect and ability to get himself out of this jam? Does he have an easy explanation for his obvious plagiary of the recent filing in the instant case? Could there have been some type of “misunderstanding” or mix up?

    His most likely course of action will be to contact Affinity Insurance and speak directly to Daniel Tranen. He will unload a ton of bullshit on him about being a pro se plaintiff with little experience in these matters. How he is battling evil around the world against these right wing nut jobs. Blah blah blah

    Liked by 5 people

    • D. Edgren says:

      My guess is that attorney Tranen is a partner in one of Affinity’s clients, and that he was invited to submit the article for publication on the blog. The copyright notice at the bottom of the article would seem to indicate that Tranen has transferred all rights to Affinity. A call by Bill to Affinity would just wind up in the company’s legal department. I do not think he would find much sympathy there.

      Not to tell anyone what to do- insert standard disclaimer re anything that I say is not legal advice and should not be relied upon for any purpose whatsoever-, but if I was in Mr. Schmalfeldt’s shoes I would immediately move to withdraw the filing with an explanation to the court of what had happened and then transmit the motion with proof of filing to Affinity and attorney Tranen along with a straightforward apology. Just sayin’.

      Liked by 5 people

      • Paul Krendler says:

        David, pardon my bluntness here.

        As entertaining as this promises to be, why bother? Why give Schmalfeldt an opportunity to make up a lie to get himself out of this trick bag?

        Why not just send this letter off and let the wall come tumbling down on his head instead?

        The net entertainment value seems comparable to me.

        Liked by 4 people

      • Da Easter Bunny says:

        W-KRAP

        Less Krendler More DumFuk!

        If you’re gonna play it, you might as well play it LOUD!

        (but giving Bill a weekend to file a brief, or fill his briefs, is funny too, or to quote my friend Mike, “Funny once… Funny twice… Funny always”)

        Liked by 3 people

      • Da Easter Bunny says:

        Remember kids, the Easter Bunny is raising awareness for Parkinson’s this week…

        So Scrambled eggs this Easter!

        Liked by 2 people

  2. Gee. You’d think that a GS-13 editor would know about that sort of thing, wouldn’t you.

    As it is, that photo makes him look like a walrus (admittedly one shunned by all other walrus what with being demented and evil).

    Liked by 4 people

  3. gmhowell says:

    How does unemployed lawyer Walker have two paralegals?

    Liked by 10 people

  4. I encourage Bill Schmalfeldt to comment here — specifically as we encourage healthy, truthful debate on subjects of importance. There is always the slight possibility that David Edgren is wrong about Bill Schmalfeldt having stolen the copyrighted work in question. Bill’s best reaction would in that case be a note to my email or a comment here. Bill is quite aware that his standards of proof are being followed here: Bill publishes, and if you don’t deny it promptly, then you must be guilty.

    By that standard, Monday is the deadline. Have a great weekend, and don’t steal stuff. Be well.

    Liked by 8 people

  5. Paul Krendler says:

    Liked by 7 people

  6. wpdavidd says:

    Oopsie poopsie.

    Liked by 3 people

  7. JeffM says:

    I am profoundly saddened to hear that Witless Willie no longer has open access to this site. There need to be fora that are actually read and provide live shows of ignorant egocentricity and abject self-pity.

    I understand it of course. There is a limit to what a host, even the most tolerant, can tolerate.

    Liked by 3 people

  8. Needs a doom clock to be official.

    Liked by 4 people

  9. This Other Latin F*cker says:

    Chances of William “Stolen Valor” Schmalfeldt commenting here? 25%
    Chances of Bill “Toddler Stalker” Schmalfeldt actually addressing the issue raised? 0%

    Liked by 5 people

  10. I have a theory on how any attempted defense would go. But I don’t want to give him a head start.

    Liked by 3 people

    • By the by, just to clarify, I don’t mean a “valid” defense. I mean an utterly stupid misunderstand the law defense. I still don’t want to give a head start in spinning bullshit.

      Liked by 2 people

      • D. Edgren says:

        Well, Bill has just a little more than a day left to show up here. He probably won’t, but we’ll see.

        I’m nowhere near so worried about giving him a head start. If he did in fact plagiarize from Tranen’s article- as it appears that he did- he’s in a hole so deep that there’s really no escape. All he can do, IMHO- not legal advice, don’t rely, etc.- is what I’ve described earlier in this thread: Move the court to withdraw the filing explaining what happened, then send the filed motion to Affinity and Tranen. That doesn’t undo the publication aspect of the copyright infringement, but Bill can hope that the effort to mitigate will be recognized and taken into account. He can do that without ever coming by here, and my guess is that he will not in fact leave us a post. Bill obviously believes that he can lie about stuff persuasively (I would differ- Bill is a facile liar, but an obvious one), so he will tell the court he drafted the motion from a collection of researched items and merely overlooked removing the Tranen paragraph from the final effort or some similar excuse. It was a mistake, he didn’t mean it, mea culpa, mea culpa, mea maxima culpa. So there he goes- he doesn’t even need to make anything up.

        He can just steal what I said, too.

        © David Edgren, 2016, all rights reserved

        Liked by 3 people

      • Well if you’re not worried then I submit my obviously horribly flawed defense.
        Obviously he’ll claim “I’m just a humble pro se.”
        But as we all know Aaron talked a while back about there being no copyright *on court filings.* If I were a moron (note: not Moron, I’m proudly a member of the AoS horde) I’d claim “well I thought this was just like that, available for anyone to use! It’s not copyrighted it’s a court decision.”
        Obviously though it’s *not* it’s a summary of one, which is copyrightable.

        Liked by 1 person

    • Joe Nobody says:

      I have a theory, myself, about how he could possibly defend against this. An argument or two that he might put forth in hopes of not getting his grotesque ass pounded into the ground.

      And even though I can also come up with ways in which those arguments could be totally blown out of the water, I will follow your example and not put them forth. However, I reserve the right to retrospectively say whether or not The Blob took the course of action I foresaw. And I promise to be honest about that.

      Hell, I’ll go one further. I’ll predict what he most likely will do. He’ll ignore this entirely.

      Or, even more likely, he’ll… (redacted upon reconsideration — no sense in giving The Blob any ideas that he might not come up with on his own.)

      But again, I promise I’ll be honest after the fact. Unlike The Blob.

      Liked by 3 people

  11. rt895 says:

    About 8:30 PM tonight when Teh Blab is 3 sheets to the wind he will probably log in and submit a word-salad screed about how his multiply awarded GS-13 writing skills make him immune to copyright suits, at least when he steals from an uninvolved party…

    Liked by 2 people

  12. Pingback: Imagery you can relate to… | Dave Alexander & Company with Ukuleledave and David Edgren — This is the original Artisan Craft Blog

  13. theman9876 says:

    When will the trash he filed this weekend hit PACER?

    Liked by 1 person

  14. Paul Krendler says:

    Hey, it’s 2:16 PM in Alaska, according to Siri.

    Just sayin’.

    Liked by 1 person

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