California Case Update

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Looked up KAM project and Google's first result was GRAIL MoonKAM, an education and public outreach program by NASA. Guessing that is not what is meant in this topic, though. I feel so unhip to not get it.
 
Morgain said:
I have been reading patiently through all the earlier messages on this thread. The possibility of IB acquiring the ownership of XF was already raised, discussed and dismissed. For two reasons. That could only happen if XF was coded by IB employees (Kier and Mike) while under contract to IB; which is an accusation which does not hold, and IB pretty much dropped it quite early on. Secondly the judge decides who gets what on the basis of the judgement. Apparently it is pretty much unheard of to award ownership of the disputed product to the complainant. The worst that can happen if IB win is a fine for XF to pay.

However as I read the details over again it is again clear as it was when I read them before that IB do not have a winnable case.
That was never the aim. The aim was to drain time and energy from XF as a startup competitor company.
To an extent that has happened as XF is not currently being developed further. But it has still survived the two year drain of the court case to be a vigorous and successful forum script.

If the developers can come through their current exhaustion and the personal crises it has caused XF will go on next year from strength to strength. I think they can do that. They just need some retreat time right now and the period between now and the end of the year is just the right length of time to retreat and recover (ex-therapist talking here). By December they should be able to perk up.

If they don't there are alternative avenues for XF to take so it keeps going, which have been mentioned. So XF future is to be either a KAM project or not. But XF itself will continue.
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Considering the multiple sources that mention the dissipating relationship between KAM I don't expect the original team to remain after winning the case. I assume one or two persons will be bought out or they will all sell to some other company. I truly hope I'm wrong. If they lose the case IB will probably own XF after settlement negotiations.
 
Brad L said:
Considering the multiple sources that mention the dissipating relationship between KAM I don't expect the original team to remain after winning the case. I assume one or two persons will be bought out or they will all sell to some other company. I truly hope I'm wrong. If they lose the case IB will probably own XF after settlement negotiations.
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You may be right on the buyout between KAM members. Though there's more than 3 months to go before the case. Very difficult to predict how they will feel after holidays, sorting out personal stuff etc They have time for all that.
No one can possibly know what they will want to do except them and they themselves will probably not be sure till nearer the time. It's the kind of thing gradually settles in your mind or suddenly pops up: neither process is much under personal control.

On your final comment please check repeated statements by the legal members here who know more than you or I. It has been repeatedly repeatedly stated that the XF code CANNOT be allocated to IB by the court.

Other scenarios for an eventual IB owner of XF:
- KAM sell to them as part of settlement by negotiation.
- One or two surviving KAM members sell to IB later.
Hardly.
Their name would be mud of they did just for starters and they have spent too many years building reputations for integrity which they care a lot about, to reverse their life track so far.

I know we're all a bit anxious about what will happened. But please everyone do try to remember that WE are safe. We will be able to go on using the XF code as it is now. That has been made clear repeatedly on this thread. If not sure go look. I did, to be double sure.
The risks at stake are two:
- will Kam ultimately get fined? Extremely unlikely as the case is laughable. Unfortunately American law allows laughable cases. That is why the case is happening there and not in the UK, home ground for KAM and XF as a company.
- will we get more XF development? Highly likely though there is some uncertainty on whether that will be with KAM as it now is. There have been quite a few posts about alternate possibilities.

If Kam do not continue with XF how badly will they be affected? Quite a bit I think for a while. But they are all fairly young. Setbacks before 50yrs are much easier to heal. These are simply brilliant and strong character young men so they will go somewhere impressive with their giant talent if they dont continue with XF. But my bet is, they will.

They just need a break right now. The timing is perfect to go on holiday or retreat. In another month they'll be hard pushed with case paperwork. There's no point on slaving on XF knowing they'll have to stop anyway very soon. So a major rest break is the best thing.

Hold everyone. This is a good team, good code, and it can be a good community if the drama queens would just ...
hey how about one of them starting a little forum xfdramaqueens.com - then they could all go there and wail together repeatedly foretelling disaster in spite of what the facts say.
 
Morgain said:
Other scenarios for an eventual IB owner of XF:
- KAM sell to them as part of settlement by negotiation.
- One or two surviving KAM members sell to IB later.
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I don't either will happen. xF is rather new, and it would be unwise on IB's part to buy xF at any point. If they do buy xF Ltd/Brand, I'm jumping off the xenForo ship.
 
Umm... somebody PM me when you have something to post about the case (Shamil or whoever). This thread has proven impossible to keep on track so I am locking it until some one has real information that thread watchers might be interested in. People watching this thread always complain that they receive meaningless updates.

In the meantime, for those who are interested in the current status of the lawsuit... the trial date for the California case is set for January 15, 2013. We are waiting.
 
Why? If you can't properly moderate the forums then please get some help. You are personally hurting the community here.
 
That thread almost needs a dedicated moderator. People keep posting off-topic posts there. I understand current moderators may not have the time, maybe get someone to help? I agree it should be open.
 
Brad L said:
Why? If you can't properly moderate the forums then please get some help. You are personally hurting the community here.
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Removing offensive posts, closing threads when we feel they need to be closed, et el, is properly moderating the forums. Recent posts on The California Case Update thread has nothing to do with the case. When there is a real update that thread will be re-opened. Keeping it open is using up a lot of our time that can be best used elsewhere.

As your question has been answered, time to properly moderate this thread: closed.
 
PACER Update for 10/1/2012:

Document #128

Proposed Order for Dismissal

PACER said:
Docket Text: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Prosecution filed by defendants Kier Darby, Xenforo Limited. Motion set for hearing on 11/5/2012 at 10:00 AM before Judge Manuel L. Real. (Attachments: # (1) Proposed Order Prop Ord)(Deitchle, Pamela)
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(merge this thread as needed)

Edit: Added full motion for completeness.
 

Attachments

Hmm, just to confirm:

A motion has been put forward by XenForo to dismiss the case due to lack of anything from IB?

Set for 5th November?

What's the chances of that going ahead and the Judge dismissing the case outright? If that happens, this is the end, right?
 
Presumably

Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits.
 
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