California Case Update

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BamaStangGuy said:
The trial date has been canceled and there is not another one set now. February is just a talking session, basically. We don't know when the new trial date will be and I for one will start looking elsewhere for forum software. I was fine with giving xenForo until the trial was over, granted that the trail was to start in January like planned. But I will not waste more time into next year, with no updates and no communication from Mike or Kier.

It's a shame because I really don't blame you guys for everything and know that Internet Brands will probably win this with their big bank lawyers. The pressure was never on them to do anything and they put it all on you.

However, this was the last straw for me when it comes to holding out hope. It's been 2 years and 2 months since the lawsuit has been filed and your lawyers have still not managed to get this to trial. No matter who the fault, the lack of any progress over the last 9 months and this update are just too much. Maybe you can pull it through. Maybe you can't. I'll still be around to see what happens but this was a big blow, when it came to whether or not I was going to renew my licenses. I can buy 5-6 new IP.Board licenses for what it would cost me to renew the ones I have expired by the time you guys get to a trial.
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No need to leave, im sure things will get better here. The trial was supposed to happen in about a month, not a big deal it's been pushed back further.

What more do you want the staff to say or do? It's already been confirmed by multiple forum members that Mike, Kier, and Ashley are all still working at XenForo and on XenForo, and the recent downtime was to secretly update the site to Xenforo 1.2. Any further updates are just redundant, we know the product is stagnant because of the court case, we just have to wait it out some more.
 
signal500 said:
No need to leave, im sure things will get better here. The trial was supposed to happen in about a month, not a big deal it's been pushed back further.

What more do you want the staff to say or do? It's already been confirmed by multiple forum members that Mike, Kier, and Ashley are all still working at XenForo and on XenForo, and the recent downtime was to secretly update the site to Xenforo 1.2. Any further updates are just redundant, we know the product is stagnant because of the court case, we just have to wait it out some more.
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I'm not leaving but I am exploring other solutions. xenForo is starting to have a lot of annoying issues and bugs that aren't being fixed on my end.

As far as your comment about it being confirmed that they are working on it and then linking to that.... :rolleyes:
 
PACER Updates for: 12/4/2012

Docket Text #156 said:
EX PARTE APPLICATION for Order for granting leave to file supplemental opposition filed by defendant Michael Sullivan. (Attachments: # (1) Proposed Order Prop Order, # (2) Memorandum Prop Supp Opposition, # (3) Proposed Order Prop Declaration)(Deitchle, Pamela)
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View/Download Documents:

#156 - Michael Sullivan's Ex-Parte Application (December 7, 2012 @ 10AM)
#156-1 -Proposed Order
#156-2 - Memorandum Prop Supp Opposition
#156-3 - Proposed Order Prop Declaration
 

Attachments

BamaStangGuy said:
I'm not leaving but I am exploring other solutions. xenForo is starting to have a lot of annoying issues and bugs that aren't being fixed on my end.
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Interesting because this kind of report on XF is so rare. Maybe you could say whats up? Start a support thread?
Jake probably knows the answer!
 
Go Pam, go!

Plaintiff’s contrary assertion is a new tale spun to trick the Court and to
obtain an unfair “second bite” without showing the required good cause. In more
than two years of litigating this case here and in England, Plaintiff has taken three
full days of percipient witness depositions, propounded more than 220 documents
requests, and received tens of thousands of pages of documents from Sullivan,
Darby, and XenForo. Plaintiff’s counsel is engaging in yet another twisted attempt
to cause further delays and impede Defendants’ efforts to clear their names.
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Jake Bunce said:
What bugs? I can probably provide code fixes.
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An incredibly annoying issue that makes working in the style properties frustrating while using Chrome and to an extent Firefox: http://xenforo.com/community/threads/style-properties-loads-slow.41475/

Issues with TinyMCE that have existed for awhile and are trying to be fixed, with some success but not complete success, by a user: http://xenforo.com/community/resources/tinymce-fix.1162/ (I have experience issues with TinyMCE in Chrome that are very annoying. It seems to be all javascript based as it only happens in Chrome. So Chrome updates are outpacing xenForo's current javascript code.)

PHP 5.4 compatibility still doesn't seem to be 100%

Then there are design issues that make being a user and/or Admin harder than it has to be.

Inconsistent use of inline selection: http://xenforo.com/community/threads/select-all-on-watched-threads.34925/

File Upload quirks: http://xenforo.com/community/threads/file-upload-115.36246/

There may not be a laundry list of bugs yet but the issue is that bugs and design issues reported over a year ago are still unresolved. They are piling up, one by one, as the rest of the world continues to develop their browsers and languages. I'm worried that xenForo is one major browser update away from having serious issues and no one will be around to fix them. My licenses are beginning to expire and xenForo won't be getting anymore of my money until they give me a reason to have some faith in their team. I was fine waiting around for the trial but now that is even pushed back indefinitely.

So, it's hard to invision sticking around a forum software when we can't even have an expectation of when the legal issues are going to be resolved or finalized and development will continue. Unfortunately, the January date for a trial is now gone and we are no better as to when a trial will even start, much less the resuming of development that has seemed to be halted completely.
 
Digital Doctor said:
The legal process is a slow painful one.
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Litigation takes a long time. My sense is that the judge wants this case to move to trial quickly, however, I think he was essentially placed in the position of ordering the January trial date to stand (and, thereby, essentially denying IB's motion without hearing it- and that is not favored and if done, would perhaps open up further issues that IB could appeal) or doing what he did- push off the trial date until he can hear the parties on the motions. I suspect, but cannot say for sure, after the motions hearing, we are basically going to see a trial date set for a time shortly thereafter (probably not more than a month or two, but depending on what further discovery, if any, he allows and the court's schedule, you might see a sooner trial date or a later one).

Though most everyone wants to know the outcome of this case sooner, the legal process takes time and all one can do is be patient.
 
Sorry, but the least that Kier could be doing is fixing up known and existing bugs. I know all about lawsuits and what kind of financial, emotional and psychological toll they exact, but guys, it's been nearly a year since the last major release. You can only keep coming up with excuses for releasing nothing for so long. This lawsuit could easily drag for another 6 months or more before a final judgement and all the appeals are done. As much as we've been patient and understanding here, there's a limit to everything.
 
PACER Updates for: 12/5/2012

Docket Text #157 said:
Opposition in Opposition re: EX PARTE APPLICATION for Order for granting leave to file supplemental opposition[156] Plaintiff's Opposition to Defendant Michael Sullivan's Ex Parte Application for Leave to File Supplemental Brief Opposing Plaintiff's Motion to Strike Answer to Second Amended Complaint filed by Plaintiff vBulletin Solutions, Inc.. (Attachments: # (1) Declaration of Patrick Fraioli, # (2) Exhibit Exhibits A-C to Declaration of Patrick Fraioli)(Fraioli, Patrick)
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View/Download Documents:

#157 -Plaintiff's Opposition to Docket #156 [December 7, 2012 @ 10AM]
#157-1 - Declaration by Patrick Fraioli
#157-2 - Exhibits A-C

This is the expected (plaintiff) response to document #156 from yesterday (12/4/2012).
 

Attachments

My favorite (from 157)
The Court should reject that strategy and should deny Sullivan's ex parte Application because it is an attempt at distraction. Even if it is true and correct — which it is not — the Application and argument is a sideshow.
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Coming from the mouths of those that have pushed this case off again and again and...need I say more? It appears Judge R is seeing through IB's lawyers, thankfully, so with any luck the case can get to trial sooner rather than later.
 
Psyduck.gif

I have a headache.
 
Mr_Bob said:
It appears Judge R is seeing through IB's lawyers, thankfully, so with any luck the case can get to trial sooner rather than later.
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People have been saying this exact same thing for over two years now about Judge R seeing through IB's lawyers and this going to trial.

I think it's safe to assume, he doesn't. And it's probably time to stop pretending anyone knows what the judge is thinking.

Interesting new out look on everything if you go back to the very start of this thread when Kier and company would still reply about it. Wonder why all that changed?
 
signal500 said:
People have been saying this exact same thing for over two years now about Judge R seeing through IB's lawyers and this going to trial.

I think it's safe to assume, he doesn't. And it's probably time to stop pretending anyone knows what the judge is thinking.
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It's also possible to drag this case out even longer through the appeals process than it would ever be at the trial court level.
 
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