California Case Update

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I would be extremely happy if the case were to be dismissed. I think it's a bit foolish to assume it will as the courts can be difficult to predict.

While seeing Kier online and around is nice...the silence is deafening.
 
One thing people seem to have forgotten here KAM:- are involved in a Court case..... they cannot comment on it here or anywhere other than in court without risking further complications/issues/ "evidence"
 
If the case gets dismissed, there is still the issue of lawyer's costs and damages.
Because let's face it, if KAM don't get back the vast sum of money (a safe assumption considering lawyers are expensive and M Grace is one of the better ones) they have spent on this case, life won't exactly be peachy for them.
 
Luxus said:
Don't celebrate just yet. There are still those private issues nagging on xenforo.
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As you say, many remaining issues are private and do not concern the customers. I fully understand that these problems affect the development of XenForo but we do not have to spy what Kier or any other individual do with their lives.
Stuart Wright said:
If the case gets dismissed, there is still the issue of lawyer's costs and damages.
Because let's face it, if KAM don't get back the vast sum of money they have spent on this case (a safe assumption considering lawyers are expensive and M Grace is one of the better ones), life won't exactly be peachy for them.
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mike os said:
One thing people seem to have forgotten here KAM:- are involved in a Court case..... they cannot comment on it here or anywhere other than in court without risking further complications/issues/ "evidence"
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Agree with you both :)
 
mike os said:
One thing people seem to have forgotten here KAM:- are involved in a Court case..... they cannot comment on it here or anywhere other than in court without risking further complications/issues/ "evidence"
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My comment was not geared towards KAM posting about the court case. It wouldn't make much sense when you can read the PACER files when they're released. This is geared toward software development and answers to the questions posed to them.
Stuart Wright said:
If the case gets dismissed, there is still the issue of lawyer's costs and damages.
Because let's face it, if KAM don't get back the vast sum of money they have spent on this case (a safe assumption considering lawyers are expensive and M Grace is one of the better ones), life won't exactly be peachy for them.
Click to expand...
I was under the assumption that there was an agreement in the case that the loser had to handle all the legal fees? I could be wrong though.
 
non the less i would suggest that to be seen openly working on a product while that product is the subject of a court case is again not in the best interests of the defendant.... and could possibly be seen as contempt?
 
mike os said:
non the less i would suggest that to be seen openly working on a product while that product is the subject of a court case is again not in the best interests of the defendant.... and could possibly be seen as contempt?
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Not true, there have been multiple releases since the court case started, they're not suddenly going to stop development purely because they're in a lawsuit.

Plus, they were never instructed or ordered to postpone development.
 
LP-John said:
My comment was not geared towards KAM posting about the court case. It wouldn't make much sense when you can read the PACER files when they're released. This is geared toward software development and answers to the questions posed to them.
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Honestly from a strategic standpoint, the silence option is a much stronger tactic in the long run. It is extremely unnerving from a short term perspective, but it's the smarter move as it gives you options to play in the long run.

Actively developing XenForo only serves as a reminder to Internet Brands that XenForo is alive and that they need to pursue them with everything they got just to drive them into the ground. Remember Internet Brands' entire tactic and strategy is to draw this lawsuit out as long as possible. Actively reminding them that XenForo exists only feeds that strategy. It prolongs this cloud of doubt over potential and existing customers. It also drains precious resources from XenForo to make the necessary advancements and developments.

The silence option has played well in XenForo's favor as shown by the recent motion filed by XenForo's counsel. Instead of waiting for a trial, they are now able to corner Internet Brands' on a technicality early on and potentially have the case dismissed now. It also puts Internet Brands into an extremely awkward situation where they:

a) have to explain why they are dragging their feet
b) have to defend that the case has merit
c) have to defend against the accusation that the sole purpose of this lawsuit was a scare tactic
d) have to defend why this lawsuit should continue.

Honestly, I would view this as where the tide is changing and going against Internet Brands. Internet Brands is now put in a defensive situation where they now have to answer to the courts and explain their behavior.

LP-John said:
I was under the assumption that there was an agreement in the case that the loser had to handle all the legal fees? I could be wrong though.
Click to expand...

Stuart Wright said:
If the case gets dismissed, there is still the issue of lawyer's costs and damages.
Because let's face it, if KAM don't get back the vast sum of money (a safe assumption considering lawyers are expensive and M Grace is one of the better ones) they have spent on this case, life won't exactly be peachy for them.
Click to expand...

Should the case be dismissed, all damages as well as legal fees are paid by Internet Brands (though it wouldn't surprise me they will fight XenForo on this one tooth and nail :rolleyes:). Any money XenForo, Kier, Mike and Ashley spent on legal fees comes straight back to them. Any damage money award to XenForo, Kier, Mike and Ashley will be split based on a percentage awarded to counsel and XenForo, Kier, Mike and Ashley.
 
mike os said:
non the less i would suggest that to be seen openly working on a product while that product is the subject of a court case is again not in the best interests of the defendant.... and could possibly be seen as contempt?
Click to expand...

Contempt would only apply if the judge would have ordered to cease development while the court case went on.
 
Not sure if this is the most appropriate place to put it - but if lawyers are expensive, is it that only those who are able to afford them can get justice? What happens to those who don't have the money?
 
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