California Case Update

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Sounds like it will take XenForo a while to recoup the funds lost in the past year...I am sure sales have declined since the lawsuit and all the money they wasted on legal fees...
Now, lets see in what type of financial condition XenForo is in.

Also the document above does not include everything, I am sure there are some things that are still not released.

I am pretty sure we will hear from the XenForo team in the next few days.
 
My understanding (based on some quick Googling, not based on being an expert), is that this Stipulation of Dismissal is pretty much it. If it's not in the stipulation, it wasn't agreed upon.

http://legal-dictionary.thefreedictionary.com/dismissal
Stipulation Once a defendant has served an answer to the plaintiff's complaint, the plaintiff may obtain a dismissal without prejudice by entering a formal agreement, a stipulation, with the defendant. The parties agree to the terms of the dismissal, which must be filed with the court clerk and put into effect by the action of the clerk. A dismissal agreement is a court order that enforces the stipulation of the parties. A dismissal by stipulation is a dismissal without prejudice unless the parties otherwise agree and record their agreement in the text of the stipulation.
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From what I read, it's very very simple. IB agrees to drop the case and will not pursue it again in the future (with prejudice), and everybody pays their own legal fees. That's it - nothing more.

Not the ideal outcome we were hoping for - but still a win for XenForo nonetheless, IB gets nothing beyond what they have already achieved with their action of slowing down development of XenForo, while XenForo get to avoid the extremely costly court case and further delays and close the matter for good - and can now move on with rebuilding their company.

What this means going forward is difficult to tell - depends on what this whole debacle has cost KAM (financially and emotionally) and whether they will be able to afford to pick up where they left off or whether things have changed behind the scenes due to the costs.
 
All this document means is that the lawsuit has ended and everyone pays their own fees. There are no winner and no need to pop the corks. They both lost and perhaps XF lost the most. Good to be over, but hardly anything worth celebrating.
 
In all honesty, the stipulation wasn't bad. It wasn't good either, but it wasn't bad too. Now the question remains of "Who owns XenForo?"
 
Glad to know that it's finally over. :)

My primary interest is in knowing -
  1. Is the team KAM together?
  2. Is the development continuing? I think KAM intended to continue developing the software once the case is over. It's unlikely that they've lost control of XF.
Thanks. Awaiting formal announcement before I go to sleep today [that'd be ~13 hours from now].

By the way, it'd be great to see -


Staff Online Now -

Mike
Kier
Ashley
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I miss those days.
 
Fred Sherman said:
All this document means is that the lawsuit has ended and everyone pays their own fees. There are no winner and no need to pop the corks. They both lost and perhaps XF lost the most. Good to be over, but hardly anything worth celebrating.
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I disagree - if you understand just how much it would cost to wage a potentially lengthy court battle - even if you eventually win. I think making the court case go away without needing to defend yourselves in court is a huge victory.

It's not the complete-and-utter annihilation of IB that we had hoped for (ie winning with costs awarded to XenForo), but I think it's still a victory.

It's also quite a massive moral victory for XenForo - IB were not able to prove any of their claims and have forgone the right to bring these claims against them again in the future. XenForo have not been proven to have done anything wrong and IB have been shown to be nothing more than corporate bullies who will use any tactics to harm a competitor.
 
This latest document is not the settlement agreement. We do not yet know the terms of the settlement. For all we know the settlement could have included costs and damages. We are still waiting for more documents or an official announcement. There is no real information in this latest document. We already knew the case would be dismissed following execution of the settlement agreement which has not been made public (yet?).

More waiting is required.
 
Jake Bunce said:
This latest document is not the settlement agreement. We do not yet know the terms of the settlement. For all we know the settlement could have included costs and damages. We are still waiting for more documents or an official announcement. There is no real information in this latest document. We already knew the case would be dismissed following execution of the settlement agreement which has not been made public (yet?).

More waiting is required.
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Thanks for clarifying this Jake!
 
Jake Bunce said:
This latest document is not the settlement agreement. We do not yet know the terms of the settlement. For all we know the settlement could have included costs and damages. We are still waiting for more documents or an official announcement. There is no real information in this latest document. We already knew the case would be dismissed following execution of the settlement agreement which has not been made public (yet?).

More waiting is required.
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It is a small fragment of the settlement agreement. In this particular instance, both parties agreed to:
  • Close the case, with prejudice and settle
  • They each pay their own legal fees.
 
Jake Bunce said:
That is still unknown. The settlement could have addressed the UK case as well. Gotta wait for more information.
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Hey will there be a xenforo celebration party? Can I go?

'I'mmmmm coming up so you better get this party started!'

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ManagerJosh said:
It is a small fragment of the settlement agreement...
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It is no part of the agreement whatsoever. The settlement agreement document is titled "Settlement Agreement and Mutual Release." This is not that document. This latest document contains no information about the settlement agreement, explicit or inferred.

More waiting is required.
 
Jake Bunce said:
It is no part of the agreement whatsoever. The settlement agreement document is titled "Settlement Agreement and Mutual Release." This is not that document. This latest document contains no information about the settlement agreement, explicit or inferred.

More waiting is required.
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Are you speaking as a lawyer or what? I'm confused when you became the lawyer of the forum to state such things in face of such plain English in the latest document.
 
BamaStangGuy said:
Are you speaking as a lawyer or what? I'm confused when you became the lawyer of the forum to state such things in face of such plain English in the latest document.
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You do realize you're talking to a moderator, riiiiiiight?
ibaker said:
So the only people that won were IB and the Lawyers...the lawyers get their money and IB won by:
- damaging XF's reputation
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And as for you....

...xF's reputation has not really been hurt all that much. In fact, it's the other way around. This lawsuit has hurt IB/vBSI's reputation by a large margin. A lot of people are waiting in line just to buy xenForo.

The way that I see it, xenForo is the PlayStation 2 of the forum software world.

All this lawsuit does is suck xenForo's funds dry. And hurt the founders/executives where it matters: The bottom line.
 
God dammit, now when you click the original thread with the redirect it redirects you to the first post of this thread and not the one with the pdf. Sigh.

Why can't we just leave nice things alone? Mark that as a bug?
 
Jake Bunce said it well- I guess there is a reason why it says he "Probably knows the answer." The actual settlement agreement could contain any number of terms. It could be a payment to either party. It could state that one party or the other has to take certain actions, refrain from taking actions, or any of basically an infinite number of permutations. It may contain a non-disclosure agreement. Or it may not. Impossible to know now.

Everyone (including me) would like to know what the terms of the settlement are. We may or may not ever know. If the terms are not confidential, we will know in due course. If they are confidential, we may never know.

Either way, the stipulation of dismissal seems to indicate a good thing for XF. (You have to ask yourself, why would there be a settlement by XF if the terms were not more favorable than the risks of a bad outcome at trial? Really, this does not mean much- there are many reasons to settle. And the vast majority of cases never make it to trial. It is, of course possible that XF agreed to really bad terms. But, I doubt that is what happened. Like I said, we may know or may not know the details going forward. But, my instinct is that this is good news for XF).

Best wishes to KAM that this was a good outcome. Best wishes for all of us that XF can now move forward with continued development. And thanks to Jake, Lawrence, Slavik, and Dean for doing a great job holding this community together in the interim.
 
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