California Case Update

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What is the name of the person who followed you? I have my reason also because I have one follower from vB who always seems to follow every new account I create, but never thought much of it.

Not "name now removed" is it
 
Well if it's not the name I listed (now removed), that's all I have following me from vB. I'm not popular, I only have 7 followers and most are spammers. :D
 
I was thinking about what I would have done without Xenforo yesterday.
I was sick and tired with vB4 and had turned from a vB3 fanboy to a pissed off vB4 user.
I think I would have switched back to vB3 or more likely gone to IPB.
 
whynot said:
Too late to do it now.
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You can sell anything you like which is in dispute.
Of course, you have to disclose the situation, which due diligence would find out anyway.

This is a completely honorable way of dealing with many situations. As an example (total fiction), if a company with a lot of resources (money/lawyers) decided to buy XF, they could do so and then kick IB's butt on their own dime. Sure, they are taking a chance, but it's risk/reward. Furthermore, since we have the best justice system money can buy (and I assume the UK also does, since ours is based somewhat on theirs), the player with the most (to spend) bucks often wins.

I deal in IP on occasion (patents, trademarks, etc.) and now you know why we say patent litigation is the "Sport of Kings". No normal person can afford to do it at all.

But, yeah, if money and resources are the problem here, it might be a very smart move to bring in "partners with benefits".

It's always hard to keep our collective eyes on the ball, but my assumption is that the existing team wants to make a good living and create great products which help people with community. Notice that does not include owning 100% of anything.....which, of course, would be nice, but sometimes is not doable. No man (person) is an island.

BTW, I purchased some real estate that was totally in dispute - two lawsuits against the owner and builder and even the town and state agencies that approved the development. What I did was to calculate out my potential liability in a reasonable way and then have various guarantees (personal sigs from the wealthy builder, money in escrow, etc.) so I could sleep easier.
 
Does it not depend on who owns XF the software? If it is owned by Xenforo Ltd, an English company, then the US ruling will not affect the product, IB would have to then pursue into the UK courts to affect the actual Xenforo product if owned by Xenforo Ltd, an English and Wales company. The most the US ruling could affect directly is sales in the US, as cross border legalities get very iffy in civil matters, this being such a matter, versus criminal, which is a whole different story.

The US lawsuit is really a testing bed for IB in my belief. Firstly, whether they can bankrupt a competitor before they get too big, and secondly, if they did win in a US court it would give them a reasonable foot hold in a UK court, even though how laws are handled are much different, it would still help them.

Again though, I have read every transcript to date of this case and I still don't see one tangible piece of evidence shown by IB to date, just lots of accusations, no actual proof. It really is, he said, she said... the entire substance to date, hence why I believe XF have a lot of merit now retaliating with anti-trust competition laws as a valid defence.
 
Kier, you have so many loyal customers, I am sure that most of us would support you by buying another licence, if necessary. Please do let us know if you do need our help - we really appreciate your work and would like to help you defeat goliath. We will stand by you! So do not hesitate asking for our help.

Let´s rock them!

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This is kind of the wrong place to ask this, but what is the status of the (nearly identical) case in London? I just finished reading most of the material related to the California case (thanks Shamil). Now I'm curious about how the other one is doing.
 
I can't spend the time to explain why the comments about changing the ownership of XF or the fact that XF is a UK company are incorrect as to being an effective shield.

To give a quick "road map" why transfer of ownership won't help, I will point out that fraudulent transfer laws and the fact that ownership comes with both assets and liabilities of the company (including debts from judgments) would make this idea ineffective.

As for the fact that XF is a UK company, principles of comity as well as the fact that (as relates to US to UK judgments matter) the execution of a judgment just relies on suing on the judgment in the UK...the suit would generally not be fought over, it would be a much simpler matter that would (again, generally) result in a UK court enforcing the judgment.

If things were so easy, most of international trade and business would not work.

The "path to glory" and victory for XF is that IB's claims are apparently without merit (I write "apparently" because so far no evidence has been produced showing anything they have stated has basis in reality, and none of the legal arguments make sense).
 
Oh, I forgot to write that taking on a powerful partner/shareholder/etc., with deep pockets would be a perfectly fine strategy. It would not shield against a loss in the lawsuit, but would be fine to garner resources to fight the lawsuit. Whether that is a good business decision would depend on facts that I have no way of knowing, and even more important, would depend on the cost/benefit analysis that only the owners of XF Ltd. (i.e., KAM) could make.
 
Astrum said:
This is kind of the wrong place to ask this, but what is the status of the (nearly identical) case in London? I just finished reading most of the material related to the California case (thanks Shamil). Now I'm curious about how the other one is doing.
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Last I heard IB has missed filing dates so the case is IMHO stagnant but still on the books.
 
Whilst Plaintiff may have missed filing dates, it would appear that another event has occurred, and at this point, I am not willing to divulge due to unspecified reasons (with regards to the England and Wales forum complaint).
 
Shamil said:
Whilst Plaintiff may have missed filing dates, it would appear that another event has occurred, and at this point, I am not willing to divulge due to unspecified reasons (with regards to the England and Wales forum complaint).
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That's not like you Shamil?
 
I would love to find out VB has used it's list of customers as part of a corporate legal stradegy. I wonder if this did occur if there is legal standing for a class action of past VB customers? I dunno.

I hate to admit it but I had never heard of Xenforo until I thought about renewing my VB and upgrading to VB4, and found that a skin designer was doing both VB and XF. So then I had to check out XF naturally. Thank the good lord I did. What a fantastic move I made. I don't regret it one bit. I had been debating VB upgrade for a long time, searching and searching for something that better fit my needs and so that I didn't have to go back to that software or community.

I still don't understand the technical aspect of this legal problem but I do know that both forums act, look and respond much different from one another.
 
Yes, Wayne has announced that there's to to be no more discussions about the lawsuit.

I am literally tired of the frequent whining by most of the people that have participated in this thread. This topic is no longer allowed on this site. This thread will not be reopened and any new thread will be promptly deleted. Anyone who contacts me about this decision via PM will be given infractions. I have given you more than enough opportunities to act like adults and am quite frankly tired of babysitting toddlers in the sandbox.
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