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Archive for June, 2013

The Destination Channel seems to have recognized how persuasive bigfootery is and has gone at it with two new shows and a full slate of re-runs.

Mountain Monsters is the newest offering, which premiered over the weekend.  Think of Finding Bigpuffery with a dash of Hillbilly Blood (a very good show) and Duck Dynasty and you have a good idea of the show.  A few random thoughts about Mountain Monsters:

  • AIMS, the group featured in the show started up in 2010.  We love thinking about all the aspiring bigfootery TV stars who have labored away for a decade or more and then are dashed by these relative newcomers.  We know who you are, there is no shame in being jealous, disappointed and angry.  Actually, we love yu’all  that way.
  • The show is described as unscripted, which may leave some wiggle room on the reality part.
  • Finding Bigpuffery may be getting a bit nervous as the mountain dudes produced tracks, video, a lair, sounds and thermal on the first episode, pretty much a whole season for that other show.
  • We worry about accidental discharges.

 

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Last week Poling filed both an Answer and Counterclaim to Hovey’s federal lawsuit seeking in excess of $75,000 against Poling for his publication of the “bigfoot back shot” picture – aka the Photograph.  To boil it down:

Poling admits publishing the photo and then pretty much denies or has no knowledge of the rest of Hovey’s assertions.  One particular denial is that Hovey has no lawful right or interest in the Photograph, her registration is not valid and cannot be enforced.  He, by counsel, also identifies eight affirmative defenses and uses some of Hovey’s own postings to her blog and other words in support.  These include:

  1. Hovey has no right or interest in authorship or artistry of the Photograph and received no assignment of right, making her sworn claims of Copyright ownership as willfully false and fraudulent.
  2. Hovey allowed use of the Photograph freely for non-profit and educational purposes, which is what Poling did.
  3. The Photograph is of a costume, and is incorrectly characterized by Hovey as a live bigfoot.
  4. Hovey fails to state a claim upon which relief can be granted.
  5. Hovey has failed to join necessary parties.  (We read this as other’s did the same with the Photograph but Hovey did not act, or the necessary parties are the ABS – copyright on the photo says one thing, her registration is for herself).
  6. Hovey’s claims are barred because of unclean hands as a result of her own misconduct and wrongdoing.   (We think – hee, hee)
  7. Hoveys actions or in-actions amount to a waiver of her claims.
  8. Hovey violates the Ohio Revised Code prohibiting frivolous conduct in civil actions.

Poling then presents a Counterclaim as part of his answer, again using some of Hovey’s published, audio and visually recorded words.  His counterclaim alleges Hovey:

  • Falsely and fraudulently claims copyright ownership.  He references two exhibits of Hoveys words and deeds asserting she has widely and publicly admitted she has falsely claimed and registered her claim to copyright of the Photograph.  She falsely and fraudulently swore a claim to the Federal Court that she is the lawful owner.  Hovey has so lawful interest but has admittedly usurped this right form the owner and others who independently posses copies of the Photograph.  Hovey allowed others to use the Photograph but singled out Poling for litigation.  Her copyright and other claims are abject failures (great lawyereese there) and this was known by Hovey and counsel prior to their effecting service of the Complaint (we speculate this means Poling got a lawyer letter saying stop and making a monetary demand or we will sue and Poling told them to stuff it).  Because of the false and fraudulent claim Poling seeks legal fees and costs of at least $25,000.
  • Defamation   Hovey has repeatedly and with malice called Poling a “lair” and a “thief” in her blog.
  • Frivolous Conduct  Hovey brought this action for the express purpose of harassing Poling with this frivolous action.  Further the express purpose of this action to extort a settlement.  Hovey’s claims are not warranted and cannot be supported with a good faith argument of existing law, and it violates Ohio code which prohibits frivolous conduct.  Poling again asks for $25,000 for his costs, expenses and attorneys’  fees for defending Hovey’s claim and for more that can be reasonably accounted for and shown to the Court.

The other new document are notes regarding a telephone and email conference of the parties.  We can boil it down to Hovey desires more time for this mess to proceed and the chance to amend her claim, Poling wants it to move fast and at an administrative level of proceedings.  Both parties expect discovery to be lengthy, mostly because so much of the stuff is on the internet.

Things will likely slow to a crawl now, unless Poling is successful in his answer.

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For once we are not talking about Bigfootery Gold but real gold.  One of the weekend indulgences of the founder, editor and stringer wrangler is to record the show Gold Fever.  One of this week’s episodes was from the Bitterroot Mountains.  The host, Tom Massey,  tells a story from his childhood prospecting the area and having what he believes was a run-in with a bigfoot.  It’s a pretty convincing story, behaviors, sounds and the evidence in forms of snapped limbs and footprints are related by Massey.  For those that are into the celebrity or semi-celebrity stories that are on the record, in terms of being aired on TV, one may want to dig up the episode.

One other piece of advice we will provide is regarding one of Massey’s business endeavors, the Gold Prospector’s Association of America (GPAA).  Bigfoot “researchers” may want to investigate the GPAA as for a reasonable annual fee you get access to a bunch of gold claims owned by the GPAA.  Most of these claims allow primitive camping, at little or no cost, and many are in areas some call “squatchy”.  Cheap camping in “swatchy” areas, with the bonus of prospecting, what a deal.

See, every once in awhile we split from the usual script of pointing out the absurdity of bigfootery and offer some decent advice.

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Time becomes so precious when weather turns good, especially with spring and rain flows.  With the end of the spring bigfoot conference season in the east we thought we would try to distill the three events into three sentences each.  Here goes, in chronological order:

Ohio Bigfoot Conference – Overflowing the Salt Fork Lodge, the ball room and a large closed circuit room, people (who were understandably unhappy people) were turned away.  The organizers is facing  a tough decision for next year, stay at the lodge and limit attendance, or look elsewhere.  Is big really better, well it is better than shrinkage and loss.

Chautauqua Bigfoot Festival – Adding Bob Gimlin to last year’s ho-hum lineup should result in a big increase in attendance, right?  Not so.  Organizer, who is a business dude, is pretty honest that the event needs to at least break even and is seriously thinking this may have been the second and last year for this event.

Creature Weekend – In their eyes they beefed up the speaker line-up, which should result in greater attendance, right?  Not so, attendance was down more than 50%.  It’s reported the lodge echoed with the sounds of….embarassment and cult chants of “this is great”.

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Readers have asked what is up with the litigious one?  Not much to report on this suit.   Unfortunately,  Poling has had to retain an Ohio attorney.   We are considering championing a defense fund.  Poling was granted  a motion to extend the time frame of their initial response, case management is scheduled for later in the month.

Editorial Statement – In our opinion the hypocritical nature of this lawsuit should be front and center.  Over the years Hovey and her ABS preached, crowed and said they would black list those persons and groups who do not respect the rights of witnesses – primarily the right to privacy, if requested.  If we were advising Poling, at the top of the list for discovery would be all electronic correspondence and a deposition of Hovey to discover the name and contact information for the alleged photographer.  That person giving Hovey the rights to the photo is key, and anything less than a personal interview with this person to resolve that question is unacceptable.  By filing this suit, Hovey placed that person’s want to privacy behind her desires to whatever she is trying to accomplish – money damages seem to be in the mix.  Imagine that witness getting a summons to appear in Ohio, way to treat the witness.  This video is fitting, but change the title to “Throw the Witness Down the Well“.

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