California Case Update

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maidos said:
so does it mean that the uk lawsuit will be dismissed too?
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Not really, this is the U.S. court. The U.K. battle is a different case being heard.

However, like many others have said many times in this very thread, U.K. courts look un-favorly on [corporate] bullies, so xenForo has a better chance of beating IB in the U.K court.
 
Good, so nothing is being given away as it would be in the documents I should imagine.

Let's hope they continue on Xenforo and gain back lost income and customers now.
 
My first reaction to the latest group of posts was astonishment that anyone would think this is good news!
IB have cost XF a huge amount of money for no good reason and they get away with it scott free.
But then putting myself in KAM's shoes, if it's the best option available, I can understand how they might agree to take this huge hit just to make the years of stress go away.
Maybe there will be something which balances out this apparent injustice in the details and my first reaction is proved to be incorrect. I hope so.
Anyway if I were KAM I would want to really hit IB where it hurts and make XF so much better than vB that everyone switches.
Some would argue XF is already in that position, but I think they need a few more features yet to win over the larger market. Tech savvy folks already know how much better XF is.

For my part, in protest at IB, I have not renewed our Forumrunner branded license and we're switching to Tapatalk.
Also I've made a commitment to migrate AVForums to XF by the end of Q3 2013 so I can ceremoniously dump vBulletin.
 
Stuart Wright said:
My first reaction to the latest group of posts was astonishment that anyone would think this is good news!
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The latest PACER is about dimissal. "STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A)(ii) filed by Plaintiff vBulletin Solutions, Inc..(Giberti, Wendy)"
In other words, the person who dismissed it, is dismissing the case altogether. As in, they've acknowledged that they've come to a settlement.
IB have cost XF a huge amount of money for no good reason and they get away with it scott free.
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The next few days or next week will be very important. Because the signatures has not been set in stone, and nothing has been reported yet. I don't think IB has gotten away with it, yet. I think somehow, somewhere, they've #@^&ed up and the judge will rule. And I don't think he'll rule lightly, he will rule hard. IB has been warned many times.
But then putting myself in KAM's shoes, if it's the best option available, I can understand how they might agree to take this huge hit just to make the years of stress go away.
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I think everyone is in agreement in this thread when I say: "I'd understand their perspective." As in, we collectively understand the pressures put on their shoulders...
Maybe there will be something which balances out this apparent injustice in the details.
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Yes, that's what Jake, and other "experts" are saying. Wait it out.
Anyway if I were KAM I would want to really hit IB where it hurts and make XF so much better than vB that everyone switches.
Some would argue XF is already in that position, but I think they need a few more features yet.
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They don't really need more features. It's fine as it is now.
For my part, in protest at IB, I have not renewed our Forumrunner branded license and we're switching to Tapatalk.
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It's a nice software. :D
Also I've made a commitment to migrate AVForums to XF by the end of Q3 2013 so I can ceremoniously dump vBulletin.
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Right on! (y) Welcome to xenForo! :)
 
Stuart Wright said:
My first reaction to the latest group of posts was astonishment that anyone would think this is good news!
IB have cost XF a huge amount of money for no good reason and they get away with it scott free.
But then putting myself in KAM's shoes, if it's the best option available, I can understand how they might agree to take this huge hit just to make the years of stress go away.
Maybe there will be something which balances out this apparent injustice in the details and my first reaction is proved to be incorrect. I hope so.
Anyway if I were KAM I would want to really hit IB where it hurts and make XF so much better than vB that everyone switches.
Some would argue XF is already in that position, but I think they need a few more features yet.

For my part, in protest at IB, I have not renewed our Forumrunner branded license and we're switching to Tapatalk.
Also I've made a commitment to migrate AVForums to XF by the end of Q3 2013 so I can ceremoniously dump vBulletin.
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Stuart,

I think you are missing a huge point here- the settlement terms have not yet been disclosed (and they may never be). It is possible that the settlement required a payment to XF. (Though, in the realm of possibilities, it is also possible that XF agreed to pay some monies). The fact that the stipulation stated that no attorneys fees would be awarded does not impact in anyway what might be contained in the agreement- and the terms of the agreement may not even state for what reason any amount of money is being paid to one party or the other.

Bottom line, we have no idea what actually happened yet, except that there has been a settlement and that the case is stipulated to be dismissed.
 
Jake (and jadmperry who replied while I was composing this) I hear what you are saying as without the full details we don't know the balance of the outcome.
However my first reaction was surprise. I have been expecting an outcome where IB pay XF's legal fees, which will be huge, so I was not expecting this particular element. My wife's first reaction was the same. Deep intake of breath.
But on reflection of course there are all manner of permutations of outcome and as frustrating as it is, of course you are right and we have to wait more.
I was describing my first reaction. I'm grateful that you've cleared up the situation for me and other people with the same reaction.
The important thing is that the team can return to advancing the development of this awesome software unfettered by nasty IBs machinations.
 
i really hope we can get some word from KAM guys. Doesnt need to mention anything about the lawsuit but if they just say, we are continuing developing and have x version planned in x timeframe

but in anyway i would be ordering 5 license to support these wonderful guys for not giving up on the forum platform and the community here for so many years now
 
This is one of those discussions where the more you read it, the LESS you know what's going on.

Settling means licking your wounds and going home. While it's also possible that the plaintiff was thrown a bone of some sort (for example, promise to abandon/rewrite a portion of the code, not make new versions until VB5 goes gold, etc), any compromise wouldn't be fatal for XenForo--otherwise they wouldn't have settled.

So breathe a sigh of relief and congratulate your favorite developers on the settlement. It's good for them.
 
Carlos said:
The next few days or next week will be very important. Because the signatures has not been set in stone, and nothing has been reported yet. I don't think IB has gotten away with it, yet. I think somehow, somewhere, they've #@^&ed up and the judge will rule. And I don't think he'll rule lightly, he will rule hard. IB has been warned many times.
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Carlos,

I agree with most of your sentiments in your post. However, the judge will not rule in this case. It is going to be dismissed. That means that there is no ruling (other than the order of dismissal) that will come from the judge.

<channeling Butt-head>

He said "hard"

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</channeling Butt-head>
 
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