California Case Update

Status
Not open for further replies.
Did anyone notice in the court documents, that I.B. claims to sell 1 year and 3 year renewable licenses. I wonder if the 3 year licenses are supposed to be the vB4 lifetime ones? If so, funny that vB would finally put a timeline on how long the vB4 licenses actually run for before requiring renewal.

Or then again, maybe I've read to much into things...

-Chris
 
Not really commenting on the case, but just thinking out loud...

I wonder if an expert from Zend could provide an expert rebuttal to IB. Not only could they comment with more credibility on the potential for developing forum software (or any software) from scratch using Zend Framework in a given timeframe, but also as to whether or not it is even reasonable to consider an MVC application a 'refactoring' of 10 year old spaghetti code.
 
Can anyone find any information about:

Wendy Evelyn Giberti
iGeneral Counsel PC
PO Box 3054
Manhattan Beach, CA 90266
424-212-8718
310-280-4951 (fax)
redacted
Assigned: 12/28/2010
ATTORNEY TO BE NOTICED

The only information I can find about her is signposted with Internet Brnds.
 
You thought she was real?
"iGeneral Counsel PC"

iGeneral, as in iPad, iPod or iPhone
PC, as in personal computer

She is clearly a robot, a collaborative effort between Apple and Intel. An evil robot to be sure, as its actions are inconsistant with Asimov's First Law of robotics:

A robot may not injure a human being or, through inaction, allow a human being to come to harm.
Click to expand...
 
Fred Sherman said:
You thought she was real?
"iGeneral Counsel PC"

iGeneral, as in iPad, iPod or iPhone
PC, as in personal computer

She is clearly a robot, a collaborative effort between Apple and Intel. An evil robot to be sure, as its actions are inconsistant with Asimov's First Law of robotics:

Click to expand...
I'm only finding an animal shelter at that address.
 
Of course! Its a front organization.

Did Siegfried tell Maxwell Smart KAOS's true location? Did the RING tell Chuck where their lair was? SMERSH didn't have a website for Bond to track, right?
 
Fred Sherman said:
I wonder if an expert from Zend could provide an expert rebuttal to IB. Not only could they comment with more credibility on the potential for developing forum software (or any software) from scratch using Zend Framework in a given timeframe, but also as to whether or not it is even reasonable to consider an MVC application a 'refactoring' of 10 year old spaghetti code.
Click to expand...
Shhhh! Don't give anyone ideas like that! Zend could very well sue xenforo for using their framework! :(
 
Carlos said:
Shhhh! Don't give anyone ideas like that! Zend could very well sue xenforo for using their framework! :(
Click to expand...
Zend offers out their framework to use under the BSD license (afaik, i may be mistaken). http://framework.zend.com/ http://en.wikipedia.org/wiki/BSD_licenses - As such, they would not sue XenForo ..

(I know you probably meant it as a joke, but in case you didn't there's the facts, I recommend you pretend you were making a joke, even if you weren't, eh? ;) )
 
Well I rang the High Courts of Justice today, unfortunately in the 30 minutes I had for my lunchbreak, didn't get far.

Would someone from XF mind posting the UK case number? Will make for easier access.

Cheers
 
Slavik said:
Well I rang the High Courts of Justice today, unfortunately in the 30 minutes I had for my lunchbreak, didn't get far.

Would someone from XF mind posting the UK case number? Will make for easier access.

Cheers
Click to expand...

HC10 C0 3118

I'm waiting for an application to gain access to the papers.
 
I'm just wondering... why is everyone here or the selected few so eager to follow this? I mean it's like you guys want every single detail.

Does it really matter? I mean XF has people taking care of this... not like we have to worry.
 
FreshFroot said:
I'm just wondering... why is everyone here or the selected few so eager to follow this? I mean it's like you guys want every single detail.

Does it really matter? I mean XF has people taking care of this... not like we have to worry.
Click to expand...

Some of us follow law, problem? If its not your cup of tea then don't follow it.

Cases like these are often where new standards are brought up. I will show you one case, where Glider, an bot for your word of warcraft account was sued by Blizzard Entertainment. The rammifications of this case were huge. Blizzard claimed that by accepting the EULA, that ANYTHING they put in there was law. The district court agreed, the appeals agreed, the 9th circuit said thats rediculous.

http://www.mmoglider.com/legal/Complaint1.pdf

Blizzard claimed the bots creator was PERSONALLY LIABLE for damages. An ammount that would have completely bankrupted him. Again, district courts agreed, 9th circuit disagreed.

The district court found that Donnelly was personally liable
for MDY’s tortious interference with contract, secondary
copyright infringement, and DMCA violations. We vacate the
district court’s decision because we determine that MDY is
not liable for secondary copyright infringement and is liable
under the DMCA only for violation of § 1201(a)(2) with
respect to WoW’s dynamic non-literal elements. In addition,
we conclude that summary judgment is inappropriate as to
Blizzard’s claim for tortious interference with contract under
Arizona law. Accordingly, on remand, the district court shall
reconsider the issue of Donnelly’s personal liability.24 The
district court’s decision is VACATED and the case is
REMANDED to the district court for further proceedings
consistent with this opinion.
Click to expand...

http://www.itslupus.com/MDY.pdf

Following this, only days after the 9th circuit made these clarifications, they were cited in the geohot case.

http://www.scribd.com/doc/46739945/Motion-for-TRO

Why is all this important? Well had Blizzard won the EULA case, it would have meant that XF, or any other company could put into their EULA anything, litterally ANYTHING.
 
FreshFroot said:
I'm just wondering... why is everyone here or the selected few so eager to follow this? I mean it's like you guys want every single detail.

Does it really matter? I mean XF has people taking care of this... not like we have to worry.
Click to expand...

Well, I care because I want to have a modern forum solution from a business that is viable.
And I do not want to invest money into a company that files for bankruptcy by the end of the year.
Or have the IP of it become IB's property (having my money go to them in effect).

I can think of 7 more reasons actually but I don't want to be too negative and give people like Miko who are building a business on XenForo to lose sleep at night over the potential financial distress ..

Personally I am wondering if they're considering throwing it open source (GPL) by November if things look grim and they cut their losses, file for personal bankruptcy and sit it out a bunch of years, ..

That said, I don't think it's our business if that Wendy person is a real person or a animal shelter thingy. I am simply more interested in the judge realizing this is corporate bullying and creating unfair business practices by sueing competition that enter the market with ungrounded claims via misleading the court with nonsense like WHOIS data.

Kier and the company have nothing to do with California. Case dismissed.
 
Status
Not open for further replies.
Top Bottom