Friday, March 14, 2014

Brett Kimberlin's Persecution of Kimberlin Unmasked

W.J.J. Hoge has posted Brett Kimberlin's amended complaint for copyright violation against Kimberlin Unmasked ("KU").  See it here.

What has the terrible copyright violator, Kimberlin Unmasked, done to damage Kimberlin?  She or he published screen grabs of Kimberlin's face from his "Justice Through Music" videos that are published on YouTube.

So now you know.  According to Kimberlin, someone's face is copyrighted, no matter how infamous, and no depiction of it can be published without permission lest he be accused of copyright violation. However, I doubt that this is true in most cases.  Use of a celebrity's face without permission to promote a product would obviously be a copyright violation, but use of an ex-felon's face for purposes of criticism is another thing altogether, particularly when the YouTube videos are political in nature and advocating a cause or political position.

Of course, the YouTube videos of Brett Kimberlin's face in the "Justice Through Music" videos are all linkable and embeddable on any blog that chooses to display them.  I know, because I just checked.  Obviously, Kimberlin wants these images disseminated far and wide, or the videos would not be linkable or embeddable.  What he doesn't want, obviously, is for them to be disseminated for purposes of criticism.

Also, there is no fee to view Kimberlin's mug on YouTube.  It's all free.  So what did Kimberlin lose by KU posting screen grabs of his face?  Nothing financial.  The screen grabs were fair use for purposes of criticism, education or satire, and therefore not a copyright violation.  Kimberlin's beef, as usual, was to damage anyone who criticizes him, to suppress criticism and free speech, to deny First Amendment rights to anyone he doesn't like, through the abuse and misuse of the court system.

In the process of shutting up KU, Kimberlin, or one of his minions acting on his behalf, lied to Blogger that the Kimberlin Unmasked's Blogger blogsite was a "spoof site," which is against Blogger's terms of use.  A spoof site is one where the author pretends to be someone else, i.e. by impersonating them.  The KU Blogger blogsite was most certainly not a "spoof site," but was taken down anyway by the bad-faith misrepresentation of Team Kimberlin.  Sounds both fraudulent and actionable to me, but I am no attorney.  So when Kimberlin claims in his court filings that KU was taken down by Blogger due to "violation of its terms of service," naturally he doesn't mention that it was taken down due to his own possibly fraudulent misrepresentations.  In a similar way, Team Kimberlin got two of KU's twitter accounts shut down by equally bad faith misrepresentations.

After KU replaced its Blogsite blog with another one hosted elsewhere, persons unknown but undoubtedly loyal to Brett Kimberlin, launched an illegal DDOS attack on the site, shutting it down for several hours.  Of course, there's the possibility that Brett Kimberlin had nothing to do with this felonious act, but I personally find that very hard to believe.  DDOS attacks are a specialty of the illegal hacker group "Anonymous."  Neal Rauhauser, a top Kimberlin associate, has been linked to "Anonymous":
Neal Rauhauser is a far-left activist who has engaged in violent rhetoric, contacts members from the hacking group Anonymous, and is an admitted associate of Brett Kimberlin’s. He has written how-to guides regarding methods to use phony identities and hide one’s Internet activities from law enforcement.
The truth is this:  Kimberlin Unmasked has violated no laws, federal or otherwise, against Brett Kimberlin.  However, there is substantial evidence that Kimberlin and/or his associates have committed torts or crimes against Kimberlin Unmasked.  If the ill-advised copyright suit against Kimberlin Unmasked is allowed to proceed, I would expect a countersuit and counterclaims against Kimberlin, and my money is on Kimberlin Unmasked as to the outcome.

Corrections as to any errors in facts in this post are welcome.  Brett Kimberlin is invited to rebut the above, subject to counter-rebuttals, should he wish to do so.  

25 comments:

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penny said...

Kimberlin Unmasked has done nothing wrong? For real you think that? What about the comments made about me? Would you allow me to post them here so others may see & judge for their own?

penny said...

If you have nothing to fear what is your name?

penny said...

What is your fascination with Brett K. & Neal R.? It used to be Joe Cafasso & anyone against Idema. What happened? Honestly Lynn, get a life. Oh did you read the new book? You will find there is nothing nice about you in it.

penny said...

So let me know when I can start posting all my damaging info from KimberlinUnmasked.

Penny said...

Love and War (Kindle Single) [Kindle Edition]

Stogie Chomper said...

Most of us on the right are outraged by the thuggish behavior of these two people and are determined that their evil deeds will not go unchallenged or unpunished.

Stogie Chomper said...

You can't, because there isn't any. You deal in non-specific claims, much like Kimberlin does in his lawsuits. But have at it.

Stogie Chomper said...

????

Kimmy84 said...

Never thought I'd find someone where "A 'Penny' for your thoughts" is overcharging.

Stogie Chomper said...

You got that right!

Penny said...

I gave you info that you could have printed, even a blog where Lynn Thomas lies on the stand. You chose not to post it. Who's the liar here? Where is my freedom of speech against injustice?

Stogie Chomper said...

You didn't give me any such information. All of your comments have been posted here and none have been edited or deleted.

Penny Alesi said...

Lynn Thomas "KimberlinUnmasked"

Aggregator • Cao’s Blog • ID=67903 From 2010 The Hagler Hit Squad Files Another Article With Clueless Mexican Press – Cao’s Blog Nov 6, 2010, 11:00 am Cao’s note: Journalism today is nothing more than learning how to “spin” and manufacture facts to fit into a preconceived narrative. Notice how Penny Alesi’s name is incorrectly spelled to protect her from full knowledge of her homosexual activism and rampant sexual promiscuity. This also prevents anyone from knowing the truth about her STD’s, having sex in underground bars in New York, and unprotected sex with multitudes of partners. She should be notifying her thousands of partners about HER health status and publish her blood records and tests for the world to see- rather than stalk innocent people who had the misfortune of knowing her.

Here’s a summary of complaints I filed: http://www.complaintsboard.com/profile-589348

http://ronbosoldier.blogspot.com/2013/01/jack-idema-end-of-saga.html Watch her lie about me on the stand. You know she is the one who caused all of you problems. She compared me with Brett Kimberlin and started a war for all of you. You do realize that don't you?

Penny Alesi said...

Re: Twitter
FROM kimberlinunmasked@hush.com TO You
Show Details
Fromkimberlinunmasked@hush.com
ToPenny

You're full of shit. What kind of researchers do you think we are? You didn't think we'd reach out to the people you are defaming to check your story out?

Twitter is where dirty laundry can be aired, and it looks like you have plenty of it....there is a lot of very interesting court documentation we now have in our possession that proves you are a liar and a fraud.

We contacted the Jack Idema Fan Club site and encouraged them to make it public again.

Have a nice day. EMAIL FROM KIMBERLIN UNMASKED

The Kimberlin Unmasked Web Team
from April 5, 2013

Penny Alesi said...

I WANT ANSWERS NOT ALIASES. I WANT LYNN THOMAS TO BE ARRESTED AND ALL THE OTHERS THAT WERE BEHIND KIMBERLINUNMASKED. NONE OF YOU HAVE ANY REMORSE FOR HURTING OTHERS.

Stogie Chomper said...

Before you can get answers, you need to pose questions. I haven't seen any questions yet. What crime did Lynn Thomas commit for which she can be arrested? You don't tell, so your post is merely a meaningless rant.

Stogie Chomper said...

This is all too confused to make any sense of it.

Stogie Chomper said...

What did you say to this person that elicited her response? We need to read that first in order to put her response in context.

Penny said...

Lynn Thomas Logged Into KU Account From Her Father’s House - See more at: http://www.breitbartunmasked.com/latest-news/lynn-thomas-logged-into-ku-account-from-her-fathers-house/#sthash.JRqavJp2.dpuf

Penny said...

Why do you all stand with her? Why is Kender MacGowen still allowed to hurt others? Can't you see that the actions of one or two reflect on ALL of you?

Stogie Chomper said...

And how is this a crime?

Stogie Chomper said...

I don't know who Kender McGowan is. What actions? Who do you mean by "all of you?"

No offense, but you sound a bit crazy.

Stogie Chomper said...

Jack Idema seems to be a person, not an action. You make no sense. And Freedom of the press means you are allowed to disagree and criticize others. No one is immune, not you or Kimberlin or any of his cronies.

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