AlexT
Well-known member
Morgain who are you exactly to decide for us what we ought to do?
Ah, and for a moment I thought your opinion was the only valid opinion here. Thanks for the clarification.
California Case Update
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Morgain who are you exactly to decide for us what we ought to do?
Ah, and for a moment I thought your opinion was the only valid opinion here. Thanks for the clarification.
Forsaken
Well-known member
My statement had less to do with the risk of the lawsuit, than the fact that the developers have stopped most communication, and nothing has been seen on the development side. Obviously we were all prepared for the risks, and we originally went with XenForo to support the community.
Even knowing that it's a bad investment I still do styles when I need them myself, or when customers ask for them. My issue is that people who have done nothing for XenForo criticize people who are spending the time to release quality add-ons and designs for stating their opinion.
IPB isn't much better than vBulletin, and at times they are much more slimy than their more corporate counterparts.
Both Kim and I had issues in the past where we won't ever use them again, even if they were the last choice for making money off our styling business (Kim has pretty much retired anyways).
So anyone who is concerned with what has happened should leave and go to another software?
That's the majority of developers and designers, and they've already been told to leave if they're unhappy, even if its at a lost of their invested time.
I can't tell if people are just stupid, or honestly believe the software will continue to thrive without third-party developer and designers. The fact that people make such inanely nonsensical posts as if they're an authority really peeves me, especially when you pretty much insult what people have done.
For that matter, telling anyone who has invested into XenForo to just leave if they choose to air their concerns is rather stupid. Unlike in the past, there is very little trolling going on (Which is about the only time I jumped on people as most of what they said was rumor), so there is no reason for you or anyone to be telling anyone to leave.
I think Morgain's point is more something along the lines of "If XF isnt working for you...then why are you still here?" rather than "Go away".
That was my interpretation of it anyway, and he's right. Why bother sticking around if you dont want to use XF in it's current condition? (Note: I'm not directing the "you" at anyone in particular there)
SchmitzIT
Well-known member
Uhm, no. This was out in the open.
Forsaken
Well-known member
Perhaps, but even then it isn't something you should be saying to other paying customers who are only saying their concerns.
If it was what was happening back in the summer, with all the trolling being done by MrGTB and others, then yes, I can see you telling them to leave if they're unhappy. In this instance it's just being an asshat.
Carlos
Well-known member
She's not the only person who got the same treatment from staff. I've been telling the staff exactly what you said in the second sentence bolded for months, not days, months. I even fought the all "almighty" Brogan himself. But it doesn't seem to get through him, or the staff. It's like they didn't care.
Brogan and the staff should know the difference between a person who is abusing against another party, and the person who's defending himself against these "abuse." So, I'm the one who got placed in moderation and whoever was in that thread was possibly collateral damage.
I even got banned just for fighting against Brogan, and went straight up to the top. Kier banned me for three months.
I expected this from vBulletin, because that's exactly the same kind of "story" I had at vBulletin's own licensed forums. I would expect better moderation here, than over there.
Jake Bunce
Well-known member
As usual this thread has gotten off topic and it's impossible to keep on track, so I am locking it again until there are more case updates.
Jake Bunce
Well-known member
The word "CONTINUED" is confusing. I assume that means the Nov 19 hearing is moved to Nov 26?
EQnoble
Well-known member
As far as my experience goes a continuance is when the court hasn't finished something in some matter for whatever reason and things will literally continue where they left off last time. I guess you could call it moved...but I think of it like a video game with a really long time on pause at least that's how it was in the court system I was in though I know this is a totally different ballpark I would have to assume it is similar.
Fred Sherman
Well-known member
Does not appear to be breaking XF's way. They seem to be outmaneuvered legally. VBSI appears to have a much better legal team.
Nasr
Well-known member
It seems to be that way. Though, most here would like to make it seem that "Pamel" is xenForo's savior. Unfortunately, reality is different than fairytales.
ManagerJosh
Well-known member
Note:
- A total of 4 minutes was spent on this motion to dismiss.
- We do not have the transcript or record.
jadmperry
Well-known member
I don't have the time to write at length on the recent motion hearing and the posts about this breaking in favor of one side or another. For that reason, the comments will be brief.
I would remind everyone that the motions are not the trial. A lot can happen with motions, cases can be won or lost based on them. However, the strong preference is for cases to be heard at trial if there are any legal bases for a case to be won IF the disputed facts can support a win for either side. That is because the "fact finder" (normally the jury) needs to determine the facts before the law can be applied to it.
Things may change based on the hearing on Nov. 26th. However, my instinct is that if the judge really saw something that would change his stated intention to get this case to trial (and that it should go to trial), we would have seen language in an order that would have reflected or hinted at this. It is near impossible to guess what his view might be, especially not having read a transcript of the Nov. 5th hearing. But, I further suspect that if there was a "bomb" here, IB would have indicated something even more forceful in their language in the brief filed after the hearing.
I tend to think that the most recent motions on both sides (along with some of the language used in the briefs characterizing each sides conduct) is most likely viewed as less than ideal.
I think we see a trial either as currently scheduled or with a short delay. I could be dead wrong about all of this. However, I don't think any view that these motions are indicative of the strength of the case overall are on target.
I would remind everyone that the motions are not the trial. A lot can happen with motions, cases can be won or lost based on them. However, the strong preference is for cases to be heard at trial if there are any legal bases for a case to be won IF the disputed facts can support a win for either side. That is because the "fact finder" (normally the jury) needs to determine the facts before the law can be applied to it.
Things may change based on the hearing on Nov. 26th. However, my instinct is that if the judge really saw something that would change his stated intention to get this case to trial (and that it should go to trial), we would have seen language in an order that would have reflected or hinted at this. It is near impossible to guess what his view might be, especially not having read a transcript of the Nov. 5th hearing. But, I further suspect that if there was a "bomb" here, IB would have indicated something even more forceful in their language in the brief filed after the hearing.
I tend to think that the most recent motions on both sides (along with some of the language used in the briefs characterizing each sides conduct) is most likely viewed as less than ideal.
I think we see a trial either as currently scheduled or with a short delay. I could be dead wrong about all of this. However, I don't think any view that these motions are indicative of the strength of the case overall are on target.
Brad L
Well-known member
Good luck Xenforo. My zero law-knowing self feels like Xenforo has a good chance of winning the lawsuit. However, there are two problematic unknowns. First, how long until this lawsuit is history? Second, will Kier and/or Mike continue development if Xenforo wins the case?
jadmperry
Well-known member
The dates for motion hearings flow from dates of filings. The timing is formulaic in nature and, unless deviated from by leave of the court, are automatic.
ENF
Well-known member
November 5th motion to dismiss = Denied.
Next date is November 26th for another motion hearing.
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