California Case Update

[User]

I guess if you're here and asking questions about what product to use, it comes down to this. What really worries you more - whether XF has copyright and going concern issues or the whether the VB 4 Suite has serious product and potential pricing/policy issues? It's your call.

Perhaps that's IB's strategy, keep the whole thing in the courts long enough to discourage pro boards from buying or switching to XF. I obviously have no idea how much they are spending to make this happen but for profit boards certainly take business continuity into consideration when it comes to script choice.

Regardless of their motivations, this lawsuit really damages VBSI and Internet Brands, their name is rapidly becoming brown substance in the forum software world.

I think you are giving people too much credit. This whole thing will be quickly forgotten should(!) vB turn into a better product. There's a core group of admins who will hold a grudge over this for decades, everyone else will move on and judge the product rather than the history.

 

[TheLaw]

wondering do you guys have enough money to continue defending the lawsuits? even if you claimed the security protection or whats its called for uk that is only the case if you win the case in uk but what about the money for investing on lawyers during the period of the lawsuit it surely cost too much?

Data Protection Act?

From my understanding, in the UK, he who loses essentially pays the bill for the winner's legal costs. In the US, it's not nearly as automatic and there is more that falls within judicial discretion. But as of right now it looks like the US lawsuit is starting to reveal the potential direction that this case may take. If a decision is reached in the US, it's not as if an international court (or the US) is precluded from having a look. In addition, would it be even a smart idea to press on or would discussing a figure to cut losses be the right approach should those events take place?

I have no doubt that capital is available now if it is needed. I was never worried about losing my investment or the value of the modest sum I paid for XF. Remember that if funding is needed, this product has plenty of attraction for those wishing to invest money to withstand an expensive lawsuit which will result in some, if not all or more, coming back as a result.

 

[SchmitzIT]

Michael what about XF counter suing for damages themselves ? Wouldn't this be a potential bonanza ? IB did stop many customers from buying XF with this lawsuit.

I hope IB is real proud of themselves. They managed to scare people enough to stop them from buying software vastly superior to their own bug-riddled ****e. If that's not short-term business plans, then I don't know what is.

As soon as this farce of a lawsuit is over, that's when the REAL exodus from vB will start.

 

[Sadik B]

XF has always the option of getting funding from venture capitalists if they run short of funds. I don't think a superior product in today's market would find a shortage of investors.

 

[Shamil]

Data Protection Act?

From my understanding, in the UK, he who loses essentially pays the bill for the winner's legal costs. In the US, it's not nearly as automatic and there is more that falls within judicial discretion. But as of right now it looks like the US lawsuit is starting to reveal the potential direction that this case may take. If a decision is reached in the US, it's not as if an international court (or the US) is precluded from having a look. In addition, would it be even a smart idea to press on or would discussing a figure to cut losses be the right approach should those events take place?

I have no doubt that capital is available now if it is needed. I was never worried about losing my investment or the value of the modest sum I paid for XF. Remember that if funding is needed, this product has plenty of attraction for those wishing to invest money to withstand an expensive lawsuit which will result in some, if not all or more, coming back as a result.

Correct.

 

[Blandt]

Hi ALL !!! I haven't been here in awhile ... SO What's the update ? ... I went 6 pages deep and couldn't find the news
Any new updates ?

 

[Kim]

Hi ALL !!! I haven't been here in awhile ... SO What's the update ? ... I went 6 pages deep and couldn't find the news
Any new updates ?

Hey there! haven't seen you for ages

Update.. today saw Xenforo win a Round within the Cali case...... but the Californian Case is still underway... it is not over yet, sadly.

here is what happened....

http://gracelaw.com/XenForo.html

XenForo Ltd. Survives Another Legal Challenge by Internet Brands


May 16, 2011
Los Angeles, California

Internet Brands Inc., corporate parent of vBulletin Solutions Inc., has abandoned a pending motion for a preliminary injunction in U.S. DIstrict Court in Los Angeles against upstart English software developer XenForo Ltd. due to lack of supporting evidence. vBulletin withdrew the motion one day before XenForo's counsel was due to question vBulletin's key employees under oath. vBulletin refused to produce its witnesses and had no choice but to withdraw its motion.

 

[DoctorWatsOn]

Hi ALL !!! I haven't been here in awhile ... SO What's the update ? ... I went 6 pages deep and couldn't find the news
Any new updates ?

The latest is HERE

Basically it's another small battle won, but the war continues.

EDIT: Beaten to it by Kim - basically this 'preliminary injunction' was to stop XF selling the software until the final court ruling as IB were claiming it was damaging sales of vB.

 

[Carlos]

Doctor. You cheated. Ms. Kim was ahead of you by 2 minutes.

Cheater.

 

[DoctorWatsOn]

I suppose you could describe IB pulling the 'preliminary injunction' as:

One small step by vBulletin, one giant leap for xenForo.

 

[Blandt]

Thank you guys

In my book this is a major win .. even if it's a small win Because how they start their case is how they seal the deal
A smart move would be to call these "witnesses" again for the trial.. see what they are hiding ? ?

 

[DoctorWatsOn]

Thank you guys

In my book this is a major win .. even if it's a small win Because how they start their case is how they seal the deal
A smart move would be to call these "witnesses" again for the trial.. see what they are hiding ? ?

Not producing witnesses is certainly interesting, it's one thing to commit what comes out of a bull's backside to paper, it is something completely different to go into a formal, and scary for many, court room setting to justify and defend those BS claims under oath.

It happened to me years ago when I was suing a large UK media company over breach of contract after I sold them a business, the cheeky bar-stewards counter claimed for double the sum with claims they had just made-up.

Just over a week before the court date I bumped into their key witness, the one making all the BS claims, in a local wine bar - she seriously went out of her way to avoid eye contact with me. I realised at that point I had won, if she couldn't make eye contact in a wine bar, there was no way she could cope with standing in court and repeating her claims under oath. The company settled in full a day or two before the court date.

 

[Anthony Parsons]

I would be quite honestly shocked to even see VB take this to court at all now... instead just leave it lingering around to scare prospective customers from making the change.

Do it I say... I dare you... change over to XF... you won't be sorry!

 

[Ingenious]

None of the Grace Law links work for me today (or last night) either from here or from Google. Is their site wilting under the traffic or is it a problem this end? Everything else on the net is working OK for me.

 

[Ati]

None of the Grace Law links work for me today (or last night) either from here or from Google. Is their site wilting under the traffic or is it a problem this end? Everything else on the net is working OK for me.

The links work fine (and fast) for me.

 

[Ingenious]

The links work fine (and fast) for me.

Thanks - I have tried it on a different connection and it works fine. Must be something wrong with my home ISP.

 

[Tomble]

None of the Grace Law links work for me today (or last night) either from here or from Google. Is their site wilting under the traffic or is it a problem this end? Everything else on the net is working OK for me.

I'm having the same problem, very odd.

 

[John L.]

Soooooo...are we going to have a celebratory new release...maybe?

 

[Anthony Parsons]

It's heartening to know that there are still some people in this world the value ethics over personal gain and that's something Internet Brands would do well to understand.

That's the thing as I see it... companies have good times and bad, lets face facts, PHPBB went through it when they transitioned, IPB went through it, VB was capitalising on it at that time, but also lagged behind in development IMO, which Kier was the developer then... the competition was transitioning to CSS and VB lagged. The others got it right, VB made a mistake trying to rewrite a decade framework instead of transitioning with a new one...

I think its wrong to bail out on a company when transitioning or having a tough time, but IB taking over as well, it just all snowballed and then bam, lets go sue XF for creating competition, and that was the straw that broke the camels back. You don't praise someone publicly and wish them well, then sh*t on them in your next breathe. It reminds me of Jesse James and Sandra Bullock... she praised her husband who distinguished himself publicly as so loyal and truely loving to Sandra, but was sh*tting on her behind her back rooting anything that moved. The analogy tends to ring the same tune in my eyes with VB vs. XF.

VB took a big dump on XF and their customers by being hypocrites.

XF is having a bad time now having to fight VB... people shouldn't be bailing on them, they should be supporting them if they believe in the product and XF continue to do right by its customers by building a quality product and providing the service its stated it will provide as part of its license. Simple business really in my eyes.

This is why I support XF the only way I can... buy more licenses, then they have more funds to fight with. If more people stopped being scared about VB scare tactics, switched over as they've already made the decision, but just waiting due to scare tactics, then XF would have even more capital to fight with... I think we've all now clearly seen the evidence and strength of VB's case against the bogus allegations... null and void.

 

[jmurrayhead]

This is why I support XF the only way I can... buy more licenses, then they have more funds to fight with. If more people stopped being scared about VB scare tactics, switched over as they've already made the decision, but just waiting due to scare tactics, then XF would have even more capital to fight with... I think we've all now clearly seen the evidence and strength of VB's case against the bogus allegations... null and void.

FYI...I'm so close to being ready to switch that it hurts. Still working out a few data migration things and polishing up on the style. I'm hoping...just hoping I'll be ready by the end of the month. IB/vB don't scurr me.