Just a thought. If/when IB loose the US case, do you think they will still bother pursuing the UK case given their chances of winning would be very slim?
California Case Update
- Thread starter Shamil
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Just a thought. If/when IB loose the US case, do you think they will still bother pursuing the UK case given their chances of winning would be very slim?
Pope Viper
Well-known member
Thanks, Kier. It's this type of thing that really improves the morale of the community.
Thank you
V
vVv
Guest
I'm just glad it's been posted, later is better than never lol. I can see more activity, resource development firing up again, more license sales now, and perhaps even better morale in community again.
Sador
Well-known member
Damned if you do, damned if you don't...
Peggy
in memoriam 2016
I'm just glad it's been posted, later is better than never lol. I can see more activity, resource development firing up again, more license sales now, and perhaps even better morale in community again.
I'm glad he posted it, for sure, but this should have been posted months ago.
I'm playing it safe and not renewing my licenses til it IS actually back in development.
Yep, either way.
Adam Howard
Well-known member
In fairness and in Kier's defense.... That message has been repeated for 2 years. But people hear and see what they want to hear and see.
I often like to say there is the truth and then there is the "truth". Which do you think more than often is accepted, followed, believed, heard, and understood? I much prefer fact myself, but sadly our world accepts "truth" more often.
cclaerhout
Well-known member
John
Well-known member
Of course we like to hear things like that! Some of us are of the "show me the money!!!" persuasion at this point in the story, though.
The Dark Wizard
Well-known member
I don't recall it being stated anywhere saying that it stopped just a bunch of naysayers.
Keep it on topic please guys. I'm sure a lot of people have a lot of comments for what could have been done better, and i'm sure that once all the unpleasentness is behind us there will be time made to try and fix those burned (napalmed?) bridges.
Hard to say, Pams comment sums it up nicely.
"For two years, Plaintiff and legal counsel from several law firms and on two continents have torn into Defendants with a vengeance that defies rational explanation."
I would imagine that if anything they may try to push the employment stuff through the UK courts, anything trialed or dismissed in the US would fall under res judicata.
However non-compete contracts within the UK are notoriously difficult to enforce due to employment law basically saying "You can't stop someone earning a living by stopping them using their tools of the trade". As KAM's area of expertise over the last 10-15 years or so has been in forum software, IB cannot stop them working in that area as it effectively stopping them earning an income.
Hard to say, Pams comment sums it up nicely.
"For two years, Plaintiff and legal counsel from several law firms and on two continents have torn into Defendants with a vengeance that defies rational explanation."
I would imagine that if anything they may try to push the employment stuff through the UK courts, anything trialed or dismissed in the US would fall under res judicata.
However non-compete contracts within the UK are notoriously difficult to enforce due to employment law basically saying "You can't stop someone earning a living by stopping them using their tools of the trade". As KAM's area of expertise over the last 10-15 years or so has been in forum software, IB cannot stop them working in that area as it effectively stopping them earning an income.
Shelley
Well-known member
you would think by now, most would realize it's just a temporary thing till trial/case is over with(a handful of members stated in opinion/assumed as much)... so the whole "show me the money" thing wouldn't happen regardless, till it's "over".
The concerned threads have not been posted in quite a long time that are branded as naysayers, whining posts. This is an argument the same old people resort to to keep this going. Remembering, people that asked questions were severely bashed (example: syndol when he asked a perfectly legitimate question met with rude offensive posts) and there on after when it all settled down the same old people would bring this up, and blow it all out of proportion repeating this never ending bickering cycle and here we have it again continue or about to.
This is really the point where this thread will start going south because really all that is happening at this point is old wounds being pried open.Which of course, after so many months of the community bickering with each other it's all they know how tp do which is fine with me now.
If development continues great. I'm a person of action more than the written word because when all is said and done when contributors from the start voice out a concern and allowed to be met with abuse words don't hold much weight i'm afraid.
V
vVv
Guest
I see your points Shelley, and yeah you're right. I'll remove my post, so apologizes to public for posting it. Some times I just like to "get out" thoughts on things (let it for couple mins and remove it), usually I delete things I think will "start shyt"...Just wasn't quick enough this time sigh.
The Dark Wizard
Well-known member
Of course it is but some people will unfortunately get left behind because they rooted themselves in place.
Adam Howard
Well-known member
Morgain
Well-known member
I have said over and over and over that you would continue Kier - why else would you have gone on fighting?
Thank you for fantastic XF.
You do whatever you need to do to get through this lad. Salt in your bath is a good standby, a big handful.
Morgain
Well-known member
I don't see the judge dismissing the case without it going to trial...I hope not...
I'd be amazed if it doesn't go to trial.
The judge has consistently dotted all i's snd crossed all t's to avoid any chance of appeal.
However he has also indicated a desire to GET to trial. This was frustrated by IB's latest shenanigans about Mike which left no choice but to delay a little to deal with it (due Jan 7). Had he not done that it would have been fuel for a technical appeal later.
I'd now expect a trial before the end of March, maybe early March.
The alternative is if IB makes a really good offer to settle: paying all costs, withdrawing all claims and undertaking not to make any similar ones - anywhere including UK. However that could lay them open to XF suing for harassment. I doubt XF would having had a bellyful of litigation by now but IB couldnt be certain of it. A deal might include Xf undertaking not to do it.
But I have also seen comment that it's too late now for any settlement?
So XF freedom in March as the daffodils open in golden glory now looks like a good prophecy.
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