California Case Update

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VB = an old jalopy. Ran nicely back when JFK was in office.

Speaking of Xenforo, Shamil, did you ever get the transcript of the judge's ruling on the motion for forum non conveniens? I'd certainly like to know the judge's rationale for his first decision.
 
TheLaw said:
VB = an old jalopy. Ran nicely back when JFK was in office.

Speaking of Xenforo, Shamil, did you ever get the transcript of the judge's ruling on the motion for forum non conveniens? I'd certainly like to know the judge's rationale for his first decision.
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I don't have the transcript, but I have the citations made by the court, from which one can draw one's own conclusions.
 

Attachments

Hmm, a quick perusal makes me wonder if the court somehow used pendant jurisdiction to support personal jurisdiction over KMA (essentially, using Copyright claims jurisdictional findings to then extend jurisdiction over other claims...). It doesn't really matter much at this point, but in a hypothetical appeal, I could see a lot of potential challenges. Looks to me that the merits will be implicated before any of these technical jurisdictional issues get a final airing.
 
jadmperry said:
Hmm, a quick perusal makes me wonder if the court somehow used pendant jurisdiction to support personal jurisdiction over KMA (essentially, using Copyright claims jurisdictional findings to then extend jurisdiction over other claims...). It doesn't really matter much at this point, but in a hypothetical appeal, I could see a lot of potential challenges. Looks to me that the merits will be implicated before any of these technical jurisdictional issues get a final airing.
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I think that the court decided there was personal jurisdiction based upon "presence" - which itself is questionable. Assuming there was personal jurisdiction; the court then tackled the question as to whether it was appropriate to hear this case which was already being tried elsewhere. It seems that the judge decided to use the Neuchatel case to apply pendent jurisdiction, reasoning that the federal court must hear any case unless there are "exceptional circumstances." Not saying it's the case here but some judges don't care for "forum non conveniens" arguments as they feel as though someone else is dictating to them what is in their power to adjudicate.

I just found an excellent article/paper on Duplicative Foreign Litigation - warning to the laypersons: this is not light reading! It's a draft. The author should probably be using this case as the quintessential example of using justice for injustice.
 
I guess I am still at a loss to what is actually happening.

I am also going to guess that in this case XenForo needs the most computer literate jury possible and the other side wants it to be less computer literate.
 
erich37 said:
honestly, anyone who have watched the Have You Seen videos by now, will figure that Kier+Mike have no need in stealing anyones code or copyright.
Those 2 guys are simply much faster by creating their own code and concepts than it would take to copy&paste some outdated code.

Their ability is in their brain, in their talent and their focus on the customer.
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You want Proof of that look at this poll on VB LOL
CMS and Shopping Cart Integration Feedback
 
The proof is how well Xenforo works. There isn't any reason why Kier, Mike or anyone would beg, borrow or steal code that was due for refactoring/rewriting when you have the opportunity to write it from scratch. I'm finding the less time I spend at VB the better off I am and probably everyone here. I am looking forward to the case being over once the judge (or judge's clerk) starts reading the briefs and the trial gets underway. The plaintiff has taken his best shot. He's been allowed to fish in every stinking pond that nobody visits and hasn't ever had signs of life.

Most of all I look forward to increasing my investment in XenForo. My 2 significant limitations are now no longer limitations. As such, I'm moving forward as if this pathetic blithe on society doesn't exist and will think of it as little as possible. I have several sites that will scream with this software like a Wes Craven movie.
 
rootsxrocks said:
You want Proof of that look at this poll on VB LOL
CMS and Shopping Cart Integration Feedback
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Honestly, that has a bait and flame written all over of it. XenForo is not a CMS, but a forum platform that offers huge extensible, and flexible frameworks that allow anyone to add comprehensive code.

I feel that by voting on that poll, it only serves as a catalyst to inflame the case even more and for IB to chase after XenForo, and good people like Colin, Mert and Darren (and others not listed) even harder.
 
ManagerJosh said:
Honestly, that has a bait and flame written all over of it.
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No, it has bait and nothing else. They are trying to buy time and hope to use silence and hype to convince customers from fleeing in even larger numbers that they finally must be up to something. There are only so many times you can hire a new marketer to drum up excitement yet again. In this place, the principals of the company post personally and tell you what's on the agenda. Same in other reputable companies and forums. There is no need to discuss what goes on there. Nothing is going on there that is worthwhile wasting any more time and effort and best to put all the effort where there is honesty, integrity and history that shows proof of the ability to deliver best of breed. What you see is the best they can deliver. 'nuff said.
 
TheLaw said:
The proof is how well Xenforo works. There isn't any reason why Kier, Mike or anyone would beg, borrow or steal code that was due for refactoring/rewriting when you have the opportunity to write it from scratch. I'm finding the less time I spend at VB the better off I am and probably everyone here. I am looking forward to the case being over once the judge (or judge's clerk) starts reading the briefs and the trial gets underway. The plaintiff has taken his best shot. He's been allowed to fish in every stinking pond that nobody visits and hasn't ever had signs of life.

Most of all I look forward to increasing my investment in XenForo. My 2 significant limitations are now no longer limitations. As such, I'm moving forward as if this pathetic blithe on society doesn't exist and will think of it as little as possible. I have several sites that will scream with this software like a Wes Craven movie.
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They had their PHP skills before they joined Jelsoft, why would they need to copy/paste when they can do it themselves. Plus, 'stealing' from others just means they're limited to doing things how the others do it. This way they've got complete control and freedom.
 
Edrondol said:
I can't even see it. Insufficient rights.
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There is nothing to see. Lawrence is a marketing/hype guy. As if they don't have enough issues they need to fix/enhance with the forum - he asked whomever remains there willing to waste time to speak about a CMS and shopping cart feature. A small handful of people took the bait for the umpteenth time. There is no commitment to build anything nor to deliver it to current customers without yet another cost. Even if they started today they will be a long way from delivering anything - which is why they refused to provide a road map. Nothing to read, nothing to see.

With regard to the lawsuit here, we'll see what this next stage brings. They are running out of dead wood to throw at the fire.
 
TheLaw said:
VB = an old jalopy. Ran nicely back when JFK was in office.

Speaking of Xenforo, Shamil, did you ever get the transcript of the judge's ruling on the motion for forum non conveniens? I'd certainly like to know the judge's rationale for his first decision.
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Waiting on Sandra :/

Order has been put up on PACER, I think we know its contents.
 
The Dark Wizard said:
This silly case has not slowed me at all nor has it made me doubt xF. I have two licenses now and I will add more as I need them.
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Same here. I bought replacement XF licenses for all my vB licenses, and then ended up buying more. If vB had delivered what they promised at the vB4 getgo, that would have been money in their pockets.

Shame they had to lie and totally destroy the vB software.
 
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