How To Commit Not Infringement

So after yesterday’s blog, I get a response from one of Team Lickspittle:

Well, Mr. Vogon, sir, there’s a bit of a problem with that – I can’t actually commit copyright infringement by reporting on what Hoge prints in Hogewash!.

Even if I were to do this:

From today's Hogewash!
From today’s Hogewash!


…still not infringement in spite of what Hoge’s newly updated ToS says.

Speaking of which, I have to thank you for stating publicly what has been obvious from the day Hoge issued his unenforceable decree – that it’s not worth the computing cycles expended to write it.

I don’t need Hoge’s permission to report on anything he prints on Hogewash!. I certainly don’t need his permission to quote, reproduce or print out anything on his blog and write about it here. It’s a lot like telling a major media outlet like CNN, Fox, or the New York Times they can’t report on anything he prints in his blog.

It’s called Fair Use – and he knows this. He also knows that, as a blogger, I have the same rights as a journalist.

I have satisfied all but one of his stipulations – one I don’t have to follow: I will not link to his website. Period.

Now this being the Most Litigious Country On The Planet Earth, Hoge is certainly free to file any lawsuit against me he wishes. The entertainment value will come when he stands up in a California court and tries to school the judge at which time I and my lawyers will laugh him out of court.

And then we’ll discuss my settlement for dragging me into court with my own counterclaim.

So the ball, such as it is, is clearly in Hoge’s court. I just committed – by Hoge’s standards as laid out in the Hogewash! ToS – an egregious tort, one that will be answered insofar as the law completely allows.

Or something like that. I mean, seriously, who talks like that anymore?

On the subject of today’s Hogewash!, Hoge has once again issued his famous “I’m not gonna say anything right now” which will be predictably followed by saying something related to the thing he wasn’t going to say right now in less than eight hours from now.

Set your watch.

And I’ll just go ahead and issue some predictions:

1. His motion to dismiss Kimberlin’s lawsuit will be denied.

2. His chances of prevailing against Bill Schmalfeldt in federal court on another copyright infringement matter will go down in flames and he will end up having to pay Bill – a lot of money.

3. The Lickspittles will cry “No Justice In Maryland!”

The mockery continues…



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