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Posts Tagged ‘Hovey’

It looks as if Courtney may have pegged the foot doc.  Seems any John with the currency (in this case media exposure) is good enough to jump in his bed.

We were going to run an April fool story on a “bigfoot researcher”  filing suit against another for copyright infringement on a picture they did not own and slander, but that actually happened about a year ago.  We did not forget and hope others will not forget this heinous act.

Because of a certain person who has a penchant  to comment upon anything that remotely shows critical thinking that is perceived as criticism of him and his event, and his attempts to take our comment section into the gutter with him, we will probably be putting him on some sort of moderation if we can figure out a way without labeling it spam.

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A rare mid-week, fall post.  Too many things happening and a breaking development that needs mentioning.  For those wondering, we have not been intimidated into giving up our rights to speech, opinions  and editorial commentary.

A Battle of Wits or Nit Wits?

The battle between Dyer and Kulls continued over the last few months.  Dyer claimed he possessed a baby bigfoot, that liked Mc’Ds and had some odd anatomy .  Kulls cries hoax, Dyer challenges him to come see it out on the west coast.  Kulls falls for the first part of the trick and leaches some frequent flyer miles and travels to LA, but then has a back up plan when Dyer attempts to get him to travel to the HOLLYWOOD sign where he would be transported to the secret location and does not fall for the rest of the gag.  Both claim victory, Kulls crows of busting a hoax.  We don’t think a few days of time and burning some jet fuel was necessary to figure out it was a hoax, Dyer was clearly going over the top in his claims, but if it helps keep Kulls thinking he is the detective man then all is well.

Take aways from this story:

– Bigfootery can create strange bedfellows, a few months earlier Kulls was exposing and calling out the same guys that were the charity source of the flyer miles to get him out west.

– Dyer is incorrigible and can work angles better than Minnesota Fats, he is sticking to the shooting story and selling a $100 dvd that gets your rights to see the body once it goes on display.

Cyber Offensive Launched Against Some Bigfooters

It would seem that someone(s) are being nefarious and hacking websites and email accounts.  Those that have been victims are revealing, if someone wants to place themselves at the various levels of bigfootery fame, the fact that you have been a target of this effort is enlightening.  Who, where, why, enquiring minds would like to know.

Take aways from this story:

– Use a good password, or at least a robust piece of software.  Change the password often and have a back up.

Melba and Crew Hold a Press Conference

We are still trying to figure out the why on this one, was just too busy to either watch the tape or read the reactions.   A few leading theories are they wanted to recapture some momentum prior to releasing a film or marketing the product as a TV special similar to the mermaid deal History aired (Yo Adrian and other investors would certainly like to see some return), they are trying to get in front of the other study as it nears release, or like many of the fourth and fifth level bigfooters they just want some media exposure.  The whole thing was met with some coverage, many snickers at the local news level and generally a “ho-hum”.

Take aways from this story:

– What little we watched showed some very awkward people and some telling body language.

– Where was Super Dave, the mastermind of the Ketchum study?  Distancing oneself Dave?  Not wanting to show up at a publicized event where service might happen?  Just too busy with the UFO people now?  Nobody willing to spring for the airfare?  Consult Kulls, he is good at soliciting charity.

Broken Neck Mountain

We can only imagine the glee when that crew coined that phrase.  Such a tricky twist to a famous phrase, they probably imagined it would join bigfootery place names like Ape Canyon and Bluff Creek.  Oh the back slapping that must have ensued.

We’ve followed it from afar for a year or more.  Owl calls, deer meeting their natural demise, it must be bigfoot.  But it got better when mis-litigation got involved.  The irony of buddying up to the mountain forefathers and those that a member of the bored use to heap abuse upon as the Bigfoot Research Buster was not lost on us.  The fact that an effort to cut out the main person involved in getting on to the property, fights over ownership of “evidence”, booting people from facebook bigfootery groups  were all too familiar when mis-litigation inserts herself in the mix.  But we digress from the point of this particular part of the post.

Last weekend we had the distinct pleasure of captaining some true patriots, and not the right or left wing political hate speech patriots, we are talking true patriots who serve US.  While they were all experienced, this particular river was new to all but one.  I had a full boat of them, my travel and BFE S-6  pard had four.  They were brilliant and interesting people, it was a pleasure to introduce them to the beast of east and it was an excellent trip.  Like magicians, I cannot reveal all the secrets on how captains select customers and each company does it a little different with repeat customer requests being honored first.  But a certain amount of seniority and a keen eye got me these people and it was a really great day on the river.

Each trip ends differently, sometimes you get a heartfelt thanks, sometimes a thanks and a tip and sometimes you get an invite to unwind in the evening.  In this case we got an invite to stop by and have dinner and some beverages, which is usually a good thing well received.  They invited us back to the cabin they had rented, more like a big house with an amazing porch and view to go along with it.  As we shot the breeze into the evening an owl was startled and let us know about it.  One thing led to another, some campfire bigfoot stories were told and we shared with them the broken neck mountain saga.  Here’s where it gets interesting, three of those customers called themselves analysts.  An i-pad was produced as this rustic cabin had wifi and we proceeded to google up broken neck mountain and show them an aerial photo and some facebook posts from the mountain.  One mid twenty something took an email address and said he could probably tell us more once he had access to his home computer, a clearer mind and some time to look into it.

Today an email appeared, here is the gist of it.  The person who had blogged the aerial thought he had scrubbed it by doing a save as picture and then making it a jpg, but the geo data is still embedded in the file once you know how to crack it open and where to look,  some of the pictures were also from camera phones and that data was also there and confirmed against the aerial.  When you put in those longs and lats it matches, the distinctive drive and pond are there.

Take aways from this story:

Fate can twist and karma is not a concept.  Mis-litigation once revealed a location, took great joy in revealing a location actually.  We did not release her address that was listed in the failed lawsuit, but perhaps a tit for a tat is appropriate.  We did not have a dog in that other hunt, it just seemed very shady to do what she did.

It’s amazing the people we get to meet on the second job, imagine usually making a dozen new friends every weekend for two months.

There are patriots and then there are bitter right-wing, and left-wing blowhards, when you spend time with the real deal it makes your disdain for the others that much stronger.

Ditto the strange bedfellows comment previously made.

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It can be read by clicking here.

We hope reader’s do not fall for the spin, swerve and damage control feverishly under way.  This is not about is it a real picture or not?  And it’s certainly not about the question of if bigfoot is real, or is it someone’s suit?

For those that ask how the collective staff is doing, we had a good virtual meeting last night.

Is it fun to have people painting us with a broad brush, emotion filled, hot button word like racist?  No.  It’s offensive.  If they only knew.  It is especially offensive given that one of the persons cyberbullying us said, “Now, some of his close friends have joked with him about his close resemblance in appearance to Kim Jong…” and then mutter we are racist.

Is it a ball of fun to be the target of political hate speech?  Ehhh, who really cares.  It reflects more poorly upon the person spewing it.

Is it fun to be threatened like:

“Are you afraid of me? You should be!”

“Go ahead, reveal yourselves cowards, I would love to have a run in with you someday at a conference. It would be an honor!”

We won’t even get into a comment that was left.

Not much, but it is very offensive to see someone bullying people over the first amendment.  Some of us fought for it, and most everyone has  fathers, mothers and forefathers who sacrificed greatly to defend those rights.

Does it feel good to have this blog reduced to simply a money-making proposition?  Not as bad as the other stuff but it is still offensive.  Facts are, we make no money, the ads appear from WordPress in exchange for our ability to store content and use their great software.  It is a fair proposition that makes us nothing and costs us time.

The other deflections of what our agenda is are simply the usual spins when someone points out a misbehavior, they are stock in trade of some of these bigfooters, seen it many times before.  If we wanted to have spent the time, we could have predicted most of this, and we could pick apart the arguments.  But ultimately it is all deflection in the hope of this going away, who knows it may work.  Who knows, we’re pretty split on how we proceed.

We will offer two predictions, we are thinking a book will be written like 50 Large, and it can be parlayed into paying back the lawyer and perhaps a few conference gigs.  Also,  this post will be panned in an attempt to further deflect the failed litigation and all of the issues that surround it, the old if I can make it about them instead of me swerve.

In the days ahead further spins will develop, and she and friends always have the fogging of memories over time and churn to sweep this away.  Some will remember, many of the long timers have seen this before and it simply confirmed their conclusions, and some will buy the spin.   And that is ok, it’s bigfootery after all.   Will she go away?  Oh heck no, this video sums it well.

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With prejudice is important.  It frequently indicates the court’s opinion of misconduct upon the part of the claimant and forbids both parties from filing another claim.

A settlement agreement was brokered by the magistrate, we imagine both parties got a piece of his mind, but especially the moving party.

Stipulations include:

  • Both parties responsible for their own cost and attorney fees.
  • Removal of and cease further disparaging or defaming remarks towards each other.
  • Hovey must file within 20 days, at her own expense, a disclaimer and forfeiture of her registration of her claim to copyright in the “Photograph”.

We suspect this did not work out quite as she hoped, out filing fees, attorney fees and loss of her copyright claim instead of $75k or more.

Two opinions:

  • We feel sorry that Poling got pulled into such a trivial matter and had to spend money.
  • People should remember that she was willing to risk giving up the identity and location of her witness during discovery in the hope to make some money off this suit.  We think that’s a violation of ABS rules, but who needs no stinkin rules when you are the Pres.  Fine hair to cut as she will cut it as part of a swerve, she never had to, but it would have happened if she continued down the path she had set in motion.  And that is how it will be spun, she nobly withdrew to prevent it – baloney.

We are outraged someone would put a witness, nay a bigfoot who posed for the best bigfoot picture ever, at risk that way.  Outraged, flabbergasted, shocked, chucklee  chucked.

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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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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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We pulled up the filing to provide some more information for readers.  While it includes information such as address and phone number, we will refrain from publishing that data.

The action is for copyright infringement and defamation.

Hovey contends the following facts (we are leaving some of the assertions out for brevity sake):

In late 2008 she formed the American Bigfoot Society.  In late February of 2012 she secured the exclusive rights and priviledges in and to the copyright of a photograph known as the “2012 Bigfoot Photo”.  The certificate of registration is included as an exhibit – Hovey is listed as the author and that the author created a photograph(s).  The certificate is in her name, not the ABS.  The actual photographer’s name or location are not mentioned, at least not yet.  So one of two things must be a fact to make this assertion; bad news for the rest of the ABS, the ABS is Hovey exclusively, or she posted the copyright incorrectly as it is in her name but ABS on what was put out on the net.

Poling infringed upon this copyright continuously since late February of 2012 resulting in irreparable damage to Hovey.  Hovey notified Poling of the infringement but it has continued.

Poling posted material online, both written and video, containing false statements about Hovey, including, but not limited to, Hovey stealing money, stealing the material relating to the copyrighted photo, used the photo for monetary gain rather than research, released video for the purposes of fame rather than professionalism, was an amateur, and filed false claims under a digital copyright act and received funds for participating in conferences.

The above acts caused damage to Hovey’s business (bigfooting  and the ABS?  again the rest of you’se folks of dues paying members and bored do not count) and reputation as she has since had to close memberships to her organization, received threats from members of the community (we really hate that word when talking bigfoot, it is more a bunch of tribes and fiefdoms) and suffered emotional distress.

The Four Counts she brings against Poling:

1. Copyright infringement – Hovey has suffered and continues to suffer damages

2. Defamation – Hovey suffered special harm from the material Poling posted.

3. Defamation Per Se – Hovey suffered from Poling’s words as it injured her trade or occupation.

4. Conversion – Poling used Hovey’s property and she was damaged by that action.

What Hovey wants:

A preliminary injunction to end Poling’s action (as it relates to the photo and other content, we guess).

Relief from the court finding Poling has engaged in copyright infringement, defamation and conversion.  And the big ones, damages, cost of action and reasonable attorney fees for copyright infringement, defamation (two counts) and conversion.  Damage award sought is in excess of $75,000 on all counts – not sure if that is a total or $75k per count.

No opinion or editorial statements just yet, we will let people stew over the above first.  Well, we did include a few observations.

 

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