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.  

My Telephone Conversation With Ali Akbar and Robert Stacy McCain Tonight

Ali Akbar called me tonight and I had a nice phone conversation with him and with Stacy McCain.  It was good to hear Stacy's Southern lilt again, as we haven't talked in months.

It seems my fears were misplaced.  Ali has been quite active behind the scenes to reinstate the National Bloggers Club with the Secretary of State of Texas, and that should happen fairly soon.  There is more good news, but I am not at liberty to discuss it at the current time.  In any case, my confidence in Ali Akbar was given a booster shot.

Brett Kimberlin has NOT taken over the National Bloggers Club, and has no legal standing to order anyone to do anything with regards to the NBC.

Ali says he is interested in having me be the NBC's accountant, and we will work together to bring everything current and to bring the books into shape.  I look forward to this, as a way to serve the conservative blogging community.

Expect good things.  If you are a member of the National Bloggers Club, remain so; if all goes according to plan, things are going to get a lot better.

Update on Kimberlin the Corporate Raider

Ali Akbar

Apparently Ali Akbar hasn't decided whether or not to avail himself of my offer to prepare the delinquent tax filings for the National Bloggers Club ("the NBC").  The offer stands, and I won't nag him about it.  His attorney may have other plans and strategies, given the ongoing lawsuits against Ali and the NBC by Brett Kimberlin.  However, I urge Akbar to act, in order to protect the NBC and its members, in a timely fashion, with a great sense of urgency, if he has not already done so.

I have read recent responses to Kimberlin's motions in the RICO lawsuit, and ones from Michelle Malkin's attorney seem particularly devastating to Kimberlin's claims and case.  My understanding of the facts is that Kimberlin may be in legal trouble for presenting a forged summons to the court.  The summons was a cut and paste job of another summons sent to a different defendant.  The judge in the case has asked for an order to show cause as to why Kimberlin should not be sanctioned for this. 

The buzz in various comments sections says that Kimberlin may have forged a summons to Seth Allen, the first blogger he sued, which resulted in Allen losing the lawsuit by default, for alleged failure to timely respond to a summons that he never actually received.  I don't know if this is true, but it seems plausible in light of the above.

Anyone who has additional facts or corrections to the above, please supply it in the comments section.

UPDATE:  Hogewash is reporting that Brett Kimberlin has admitted to the forgery of  a summons he mailed to Twitchy, a company originally owned by Michelle Malkin.

National Bloggers Club Update: I Will Work With Ali Akbar to Bring Tax Status to Current

I have offered my assistance as a CPA to Ali Akbar and the National Bloggers Club, to bring all tax filings up to date and apply for 501(c)3 status.  Akbar seems interested in working with me to accomplish this.

Since Ali is taking steps to correct the situation, I hereby withdraw my call for him to resign as President of the National Bloggers Club.

I will provide this assistance free of charge.

Brett Kimberlin's Alleged Highjacking of The National Bloggers Club: I Have Serious Doubts That It Is True

I have been doing some research on Brett Kimberlin's alleged takeover of the National Bloggers Club, Inc, a Texas corporation.

I have grave doubts about the veracity of Kimberlin's claims.

There are two issues in this case.  One is the Texas Franchise tax; if it is not paid, a corporation can lose its active status and be denied the right to transact business in Texas.  The other issue is the organization's name.  I have seen no indication that the corporation loses the right to its corporate name if it fails to pay the state franchise tax.  Therefore, I doubt that Brett Kimberlin has obtained the legal right to use the name of the National Bloggers Club in Texas.

What forms did Kimberlin file and what fees did he pay to obtain the right to the Texas corporate name, "National Bloggers Club?"  I'd really like to know.

In order to do business as a Texas corporation, you have to jump through some hoops.  You have to submit Articles of Incorporation, issue stock, and elect a Board of Directors.  Did Kimberlin do that?  I doubt it.

Further, you can apply for a corporate name, but a preliminary approval of such a name isn't final.  The Texas Secretary of State website says this about corporate names:

1. How do I determine whether the name I have chosen for my entity will be accepted for filing by the secretary of state?

   Under section 5.053 of the BOC, a filing entity cannot have a name that is the same as or deceptively similar to a filing entity, foreign filing entity, name reservation, or name registration filed with the secretary of state. Furthermore, a filing entity cannot have a name that is similar to an existing name on file with the secretary of state unless the existing entity consents in writing to the use of the similar name.
   Texas Administrative Code, title 1, part 4, chapter 79, subchapter C sets out the rules for determining whether names are the same, deceptively similar, or similar. If you wish the secretary of state to provide a preliminary determination on name availability, you may call (512) 463-5555, dial 7-1-1 for relay services, or e-mail your name inquiry to Corporations Section. A final determination cannot be made until the document is received and processed by the secretary of state. Do not make financial expenditures or execute documents based on a preliminary clearance. Also note that the preclearance of a name or the issuance of a certificate of formation under a name does not authorize the use of a name in violation of another person’s rights to the name. See Trademark FAQs for more information.

Until such time as Brett Kimberlin supplies documentation of Texas's approval of his use of the name "National Bloggers Club, Inc" I shall have grave doubts that he is telling the truth.  It seems to me that Brett Kimberlin and Bill Schmalfeldt may be in violation of copyright or trademark law, i.e. using someone else's trademark without permission, in a clear effort to disrupt existing business relationships.  I am no attorney, but that surely sounds actionable to me.

HOWEVER, I stand by my call for Ali Akbar's resignation.   Failure to file and pay franchise taxes timely does more than cause a corporation to lose its active standing.  It also removes the corporate shield for liability, exposing its directors to personal liability in the event of a lawsuit.  That is serious enough to call for Akbar's removal.

The National Bloggers Club: Ali Akbar Should Resign as President

National Bloggers Club per Team Kimberlin

Ali Akbar has been the leader of the organization known as the National Bloggers Club (NBC) since he formed it a few years ago.  It is an organization of conservative bloggers, and puts on the "Blogbash" event at CPAC each year.

Apparently, Akbar did not file tax returns with the State of Texas for two years, and the State revoked the NBC's ability to do business as a Texas corporation.  It also released the name "National Bloggers Club" for anyone else to grab, and notorious ex-felon, vexatious litigant and righty-hater Brett Kimberlin did so.  Now Kimberlin's favorite toady, Bill Schmalfeldt, is tweeting from the "NBC" claiming to be the National Bloggers Club.  Brett Kimberlin has put up a notice on the "New National Bloggers Club" website, ordering Ali Akbar to remove all references to the name "National Bloggers Club":

To: ali@blogbash.org
Sent: Friday, March 7, 2014 8:13:13 PM
Subject: Official Notification re National Bloggers Club Inc.

To whom it may concern:

Please take this as formal notice that the State of Texas has forfeited your rights to the National Bloggers Club as of February 21, 2014, after revoking your right to transact business on October 16, 2013. I have assumed those rights through proper legal processes.

You are hereby notified that you may not use the National Bloggers Club name for any purpose, including on any website, for any fundraising, or for marketing or promotion. You must immediately remove any and all references to the National Bloggers Club on any website and from any bank accounts. If you opened any bank accounts or set up any fundraising tools or sites using the National Bloggers Club name or any corporate papers issued by the State of Texas, you must shut those down immediately.

Please note that within four days, I will be meeting or talking with officials from the State of Texas in the Attorney General’s Office, other departments, the FBI and the IRS regarding your use of the National Bloggers Club to raise funds based on fraudulent misrepresentations regarding the validity and 501c3 status of the National Bloggers Club.

Brett Kimberlin

 Another controversy surrounding Akbar's leadership of the National Bloggers Club is the organization's non-profit status.  Initially, the Club advertised itself as a 501(c)3 organization (to which donations are deductible for tax purposes), but there is no proof that the NBC ever filed papers with the IRS to become such an organization.  So what is the status of the 501(c)3 application, Ali?  

As an aside, I do not believe that the NBC ever deliberately tried to misrepresent their status as a non-profit organization.  I believe they intended to become one, but just dropped the ball.  I have only seen one such representation, and no more.  This appears to have been an honest mistake rather than an intent to mislead anyone.  Of course, Kimberlin and his toadies have jumped on it and blew it all out of proportion.  They were apparently able to do so due to Akbar's negligence in the matter.

MY CONCLUSIONS to all of this is that Kimberlin has used Akbar's administrative incompetence to harrass and embarrass the National Bloggers Club.  This happened due to Ali Akbar's failure to take care of business.  This is especially surprising because Kimberlin has has had an extreme grudge against Akbar and the NBC for at least two years, and Akbar should have known better than to be so sloppy and allow Kimberlin a clear shot.

Ali Akbar should resign as president of the National Bloggers Club.  I am not a member, and will not become one unless the Club installs a leadership that I can trust for competence and professionalism to protect my interests as a conservative blogger.

Brett Kimberlin's Continuing Assault on Truth and Justice: How About a Lie Detector Test, Brett?

Brett Kimberlin has continued his assault on truth and justice with a second amended complaint in his lawsuit against various bloggers, pundits and companies.  I didn't read it all, as I have read the first two and do not wish to wade though all of that manure again.  It appears to be 90% innuendo, long on ambiguous accusations and very short on specifics.

However, if you wish to read it, you can read it at Hogewash here.

Kimberlin complains about "false narratives" directed at him by the multitude of defendants, for implying that he had anything to do with the criminal SWATtings of conservative bloggers who, just coincidentally, had concluded court disputes with him or had written critical things about him.

I know that lie detector tests are not allowed as evidence in courts of law anymore -- it is too easy to get a false read.  However, I would be happy to accept the results of such a test, voluntarily taken by Kimberlin, that tend to exonerate Brett Kimberlin in the following areas:

1.  Whether or not Brett Kimberlin was in any way connected to the murder of Julia Scyphers, either as one ordering or acquiescing in the hit, or as one concealing the identity of the murderer, or in any other capacity as an accomplice before or after the fact.

2.  Whether or not Brett Kimberlin ordered the Swattings of various conservative bloggers or pundits, or if he knows who did, or is in any other capacity an accomplice before or after the fact.

3.  Whether or not Brett Kimberlin ordered the recent DDOS attack on Kimberlin Unmasked website, or if he knows who did, or is in any other capacity an accomplice before or after the fact.

4.  Whether or not he lied about being physically attacked and injured by Aaron Walker as claimed in his Second Amended Complaint.

The author of the book "Citizen K:  The Deeply Weird American Journey of Brett Kimberlin" wrote that when given a lie detector test about the Speedway bombings, Kimberlin's heart figuratively exploded, which tends to indicate Kimberlin is sensitive to questions in a lie detector test, and that such a test would prove reliable.

I also acknowledge that no one is obligated to disprove allegations or suspicions against himself, but in Kimberlin's case, suspicion is reasonable and inevitable in the above issues, given Kimberlin's criminal past and ruthless behavior.  That suspicion will continue until Kimberlin takes susbstantive steps to remove it.

The Innocence of Muslims Film

I should have downloaded it before the 9th Circuit banned it.  Does anyone know where I can get a copy of this film?

I would like to archive all films banned by the world's most hateful and murderous "religion."

Update:  Reader Horatio directed me to Liveleak where I was able to download a poor quality copy of the video, with the controversial actress removed.  It is a video of the film while playing on a television screen. It's better than nothing, but I would still like to find a quality copy of this film if anyone knows where I can get one.

Putin the Bully: or What Should We Do About Russian Invasion of the Ukraine? Answer: Nothing.

I am somewhat conflicted about Putin's invasion of the Ukraine.  I think it is wanton piracy, the stealing of another nation's sovereignty through armed conquest, and it is immoral and evil.

So what do we do about it?

The wisest answer:  nothing.  Well, except for denouncing Russia in the United Nations and in speeches and in print, all the usual political and diplomatic channels that accomplish nothing much.  However, we should not commit troops, or invade the Ukraine, or fight Russia with arms.

Why?  Because the Ukraine and Russia have a shared history, though not an honorable one, and the Ukraine is within the Russian sphere of influence.  We have nothing to gain by intervening in the Russian-Ukrainian war.  We have no strategic interest in doing so, and we should not do so.

Dixon Diaz: Funny Man of FaceBook is a Conservative!

Dixon Diaz is a conservative Hispanic with a great skill for satire, humor and outraging liberals.  I think he is an undiscovered talent, because Dixon is truly FUNNY, all while making salient points about the hypocrisy and stupidity of liberalism.  He expresses his biting satire on FaceBook, most often as a short article, but sometimes as a cartoon.  One of his best cartoons is below.  It describes the Massive Jewish Conspiracy, which every leftist knows penetrates into every crack and crevice of American life.

You can see more of Dixon's work at this link, and do "Like" him on FaceBook to get his latest creations.  The Conservative Blogosphere would do well to disseminate Dixon's work far and wide.

Republished with permission.