California Case Update

Status
Not open for further replies.
In short, here's what an application for costs means - it's the requirement that security is placed in escrow by a plaintiff with no assets to protect a defendant in a lawsuit in the event the defendant wins the suit and would thus be entitled to costs. If a US corporation has an empty wholly owned subsidiary in the UK that owns nothing more than a stapler, the US company has a "free shot" at suing a UK defendant. If the UK defendant wins, it can't recover its costs from the UK company, which has no assets. The lawsuit is actually being funded by the US company. As such, the court requires that sufficient monetary compensation exists to compensate the victor and the defendant for, at a minim, its costsof prevailing.

This means that the plaintiff has to put up and into escrow a significant amount of money to cover costs in order to continue the case, which will sit dormant until the outcome is determined.
 
Congratulations on another victory in court!

Something I don't quite understand, Jelsoft Enterprises Ltd. has no assets, doesn't appear to trade or file accounts to Companies House so how can they comply with the judge's order? If payment to the court is made by another organisation or parent company doesn't that negate the purpose of the action i.e. to ensure the opponent is able to service any outcome?
 
I think that entire aspect of IB renewing Jelsoft when it was about to expire is a question in itself. I know in Australia, you must keep a company open for x years after cessation of trading if you have a financial services license to cover any legal obligation with financial advice, I think 3 or 5 years, though otherwise, it is illegal basically to have a company that does not trade, thus ASIC will close you down, the same if you make a loss for a certain duration. I don't understand how Jelsoft can be allowed to keep the name just for this purpose of running a case against XF, when the company otherwise has not traded for x years and was bought out by IB and shifted to USA.

That just baffles me to be perfectly honest.
 
Wasn't Jelsoft bought by IB though? or VBS Inc.? therefore the "parent" has to stump up the reddies to show willing ... or ... well, I'm not sure what the or is ... drop the claim/s?
 
GeeksChat said:
Wasn't Jelsoft bought by IB though? or VBS Inc.? therefore the "parent" has to stump up the reddies to show willing ... or ... well, I'm not sure what the or is ... drop the claim/s?
Click to expand...

Yes, for all intents and purposes VBSI has no tangeable assets in the UK, however to file the suit in the UK they need a UK entity, which, they had in the form of Jelsoft... by name only... all assets were transfered to VBSI.

And yes, basically they are being told stump up or gtfo. It's a tricky move for VBSI now, if they continue with the UK case they risk losing a lot of money, likewise if they drop the case now they are also going to have lost a large amount of money, and with their case being dismantled slowly and surely in the US, its a lose lose situation for them.

While a win is still far off, I am wondering if xenforo is going to counter claim for damages incured, if this has been relayed to VBSI and how they will consider the "next move". The longer this goes on the more damage to VB it will cause. But likewise backing down is going to be a public relations NIGHTMARE.
 
Slavik said:
While a win is still far off, I am wondering if xenforo is going to counter claim for damages incured...
Click to expand...
Y'know I've wondered the same thing. But I'd almost bet that KAM don't sue for damages, etc.
I have a feeling that they just want IB to go away - far away - so that they can get on with the business at hand.
 
Slavik said:
<snipped/> But likewise backing down is going to be a public relations NIGHTMARE.
Click to expand...

How so.... Unless it is viral in news media, it will not register to most new customers until they purchase and visit vBulletin's 'Lic. Member' hidden forum. You did see what happen when they release vB4... Most bad comment/threads were removed from presales and chitchat forum... The only people that will know this is just active members that visits vBulletin (also.... phpbb, IPB, Wolf, Twitter/FB followers and large base forums.). ;)
 
IB suing Xenforo was always about the big guy hassling the little guy.
I don't think their primary motivation was "winning".
They knew that the little company with a big lawsuit on their hands would make some businesses leery about using Xenforo software.
If hassling was goal, I'd be surprised if they backed down knowing an unsuccessful lawsuit was going to cost them.

I just feel sorry for IB. Their software is so bad, they can't use it on their own sites ! Their CMS is so bad they can't use it at vBulletin.com. Almost none of their car and truck forums use their latest software. /sad
 
Slavik said:
While a win is still far off, I am wondering if xenforo is going to counter claim for damages incured
Click to expand...
The litigation is already slowing them down and making it difficult to put their all into a new product with what seems to be an exponentially-growing following. A countersuit would only prolong this massive hindrance, regardless of whether they can gain from it.
 
Digital Doctor said:
IB suing Xenforo was always about the big guy hassling the little guy.
I don't think their primary motivation was "winning".
They knew that the little company with a big lawsuit on their hands would make some businesses leery about using Xenforo software.
If hassling was goal, I'd be surprised if they backed down knowing an unsuccessful lawsuit was going to cost them.

I just feel sorry for IB. Their software is so bad, they can't use it on their own sites ! Their CMS is so bad they can't use it at vBulletin.com. Almost none of their car and truck forums use their latest software. /sad
Click to expand...
It is also about bankrupting the "little guy" so they have less competition.
 
And some more documents.

http://cl.ly/0j3x2O192s1u090e1q42 Order
http://cl.ly/3u3o3Q0S0I1A3y2A222o Declaration of Joseph Rosenblum Part 1
http://cl.ly/0E3A2n0C0T3B0u1u1n0k Declaration of Joseph Rosenblum Part II
http://cl.ly/3b323K082K2U1i193S0E Declaration of David N. Tarlow
http://cl.ly/3n0Z1V1q0h0y283O463K Declaration of Jennifer Rundell
http://cl.ly/0B3n0s0v0T2V3U130Q0s Declaration of Adrian Harris
http://cl.ly/3U0H003H3j1q2a0w373d Declaration of Lynn Tokeshi
http://cl.ly/100H43241739422m2D2P (Bruce Abramson - "Expert Witness" who has NOT reviewed the code, and is basing his opinions on abject nonsense derived completely from timeline events)
{Proof of Order} - I don't think we need to see this.
http://cl.ly/2w1d2p1N1S2V1m1u1j3R Proposed Order - they want all of our informations (?)
 
But Adrian bases his declaration on Kier looking at curly braces on a text editor... Hey, that could be C, or Object-C or C++ or Visual Basic of Java or PHP or ASP or... [enter more languages here]
 
Fufu said:
Glad Adrian at 18 years old can use Facebook.com. :ROFLMAO:
Click to expand...

I guess that shows be careful what you Tweet, you never know who watching. I just read part of that PDF and noticed the section we're Adrian took screenies of what Kier posted in Twitter way back in 2009. I would imagine that's around the same time Kier was hint dropping about something on Admin Addict, roughly. Just guessing?

It goes to show though that Internet Brands decided to watch Kier more or less right after leaving vBulletin.

But anyway, so Internet brands staff are running around take sceen-shots then eh! Take one of this I say then.

Two-Fingers.jpg
 
Status
Not open for further replies.
Top Bottom