California Case Update

[Rasmus Vind]

There shouldn't be any doubt that xenForo wins this trial. I have been working with vBulletin for years and hate the code base (sorry Kier) and have recently been looking into xenForo. The source code is very nice and developer friendly. There's no case. If you lose, America fails, cause that's just ridiculous.

 

[digitalpoint]

People have been waiting for months for this reassurance.

It's like "one of those things" though... Sure, it makes insecure users feel better I suppose, and props to Kier for stating the obvious... but it *is* exactly that... just stating the obvious.

If users were on my site constantly hounding me asking if my site was still going to be around in a year or two, I certainly wouldn't bother responding... and in fact, it might be kind of entertaining to watch them get themselves all wound up with doomsday predictions.

 

[Kings Hat]

It's like "one of those things" though... Sure, it makes insecure users feel better I suppose, and props to Kier for stating the obvious... but it *is* exactly that... just stating the obvious.

If users were on my site constantly hounding me asking if my site was still going to be around in a year or two, I certainly wouldn't bother responding... and in fact, it might be kind of entertaining to watch them get themselves all wound up with doomsday predictions.

I wonder if the Mayans thought the same, "It'll be funny to see people think the world is going to end"

 

[Jake Bunce]

I don't see the judge dismissing the case without it going to trial...

In a motion for summary judgment the judge has the opportunity to make a judgment based on evidence or lack thereof. Up until now the judge has not had this opportunity.

A summary judgment is based solely on material fact, unlike the pretrial which is about establishing those facts. If the facts are not in dispute then the judge can apply the law and issue a judgment. For example, IB's expert witness couldn't produce any copied code so that claim must fail. But if there is any dispute then the case must proceed to trial. The dispute must be over the material facts, not the claims made by IB. IB claims that XF copied vB's code but that is a claim and not a fact. Summary judgment is about the facts behind the claim, facts established through testimony, discovery, etc. Up to this point IB has been dealing in claims and not facts. IB has been looking for facts to support their claims. This is appropriate for pretrial, but we are now approaching the end where facts have been established.

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.

It's the same in California. Not that it matters. K&M waited until their non-compete expired before going public with XenForo. This is not in dispute.

 

[ManagerJosh]

At the end of the day the public perception is that:

• Internet Brands is a sore loser.
• Internet Brands is going "Why couldn't they do what they did to XenForo to vBulletin?"
• Internet Brands hates being being told "We told you so."
• Internet Brands is a sore loser.

 

[Adam Howard]

At the end of the day the public perception is that:

• Internet Brands is a sore loser.
• Internet Brands is going "Why couldn't they do what they did to XenForo to vBulletin?"
• Internet Brands hates being being told "We told you so."
• Internet Brands is a sore loser.

Epic

 

[tafreehm]

Of course it will, we're not fighting for nothing.

feels like Christmas came yearly this year !!

 

[AdamD]

I often wonder if it was Briscoe himself who ordered the lawsuit, given Kier's comments about Briscoe wanting VB4 rushed out and if they didn't like it, they could leave, lol

But with that said, regarding evidence, the first expert said there was no stolen code, correct? Wasn't there another company who claimed there was something stolen? or how the product was very alike to VB?

It would be nice if the judge did dismiss it based on lack of evidence, but I just can't see that happening with the way this sharade has been going on.

 

[cmeinck]

Reading that post makes me think of the beginning part of Aces High by Iron Maiden.

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[Jake Bunce]

But with that said, regarding evidence, the first expert said there was no stolen code, correct? Wasn't there another company who claimed there was something stolen? or how the product was very alike to VB?

Read this starting on page 16:

http://xflegal.com/xfl/2012/xfl-158-8.pdf

That is the testimony of IB's expert. He couldn't cite any stolen code. Instead he talked about generalities like overall design.

It would be nice if the judge did dismiss it based on lack of evidence, but I just can't see that happening with the way this sharade has been going on.

Summary judgment and the trial is based on material facts. Everything up to this point has been based on claims. It's very different:

http://en.wikipedia.org/wiki/Summary_judgment

 

[Slavik]

And once again.

Back on topic.

Thankyou.

Quoting myself and removed off topic posts.

 

[Digital Doctor]

Churchill on Xenforo (press play on the video)

We shall go on to the end.
We shall fight in California.
We shall fight on the surf and beaches.
We shall fight with brave confidence and
great strength for what's fair.
We shall defend our forum whatever the
cost may be.

We shall fight in the courts.
We shall fight on the internets.
We shall fight with Grace (and Grace).
We shall fight until exit();
We shall never surrender!!!

Read more: IRON MAIDEN - EXCERPT OF "CHURCHILL'S SPEECH & BEGINNING OF ACES HIGH" LYRICS
[ From: http://www.metrolyrics.com/excerpt-...eginning-of-aces-high-lyrics-iron-maiden.html ]

Reading that post makes me think of the beginning part of Aces High by Iron Maiden.

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[Lucas]

Of course it will, we're not fighting for nothing.

Glad you finally made a more straight forward statement to ease the drama on these young padawans.

It's like "one of those things" though... Sure, it makes insecure users feel better I suppose, and props to Kier for stating the obvious... but it *is* exactly that... just stating the obvious.

If users were on my site constantly hounding me asking if my site was still going to be around in a year or two, I certainly wouldn't bother responding... and in fact, it might be kind of entertaining to watch them get themselves all wound up with doomsday predictions.

I've actually felt these way since the beginning and have always thought it's obvious, I don't see how people are even able to extract any negative thoughts or drama from it.

 

[Brad L]

It's like "one of those things" though... Sure, it makes insecure users feel better I suppose, and props to Kier for stating the obvious... but it *is* exactly that... just stating the obvious.

If users were on my site constantly hounding me asking if my site was still going to be around in a year or two, I certainly wouldn't bother responding... and in fact, it might be kind of entertaining to watch them get themselves all wound up with doomsday predictions.

I'm not sure how someone being worried about the future of Xenforo can be labeled insecure, especially under all the circumstances. I fail to see the logic. Regardless, I'm happy and wish for a positive and quick ending to all of this. Where do we send the Southern Comfort?

 

[John]

It's like "one of those things" though... Sure, it makes insecure users feel better I suppose, and props to Kier for stating the obvious... but it *is* exactly that... just stating the obvious.

With all due respect to your opinion, I think it's plain to see that it has been anything but obvious what their intentions are. As a matter of fact, what Kier has done is confirmed that his statement back in May that "development is ongoing and never stopped" was misleading, to put it nicely.

If users were on my site constantly hounding me asking if my site was still going to be around in a year or two, I certainly wouldn't bother responding.

Treating one's customers as if they are a nuisance for asking if their investment is safe (which is a legitimate demand if there are genuine reasons to be concerned it is not) is definitely a winning business strategy.

 

[ManagerJosh]

With all due respect to your opinion, I think it's plain to see that it has been anything but obvious what their intentions are. As a matter of fact, what Kier has done is confirmed that his statement back in May that "development is ongoing and never stopped" was misleading, to put it nicely.

Just wondering, what is your definition of "development" ?

 

[ENF]

PACER Updates for: 12/11/12 & 12/17/12

GRANTING MICHAEL SULLIVANS EX PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE A SUPPLEMENTAL BRIEF OPPOSING PLAINTIFFS MOTION TO STRIKE HIS ANSWER TO SECOND AMENDED COMPLAINT by Judge Manuel L. Real: [156] (pj)

SEALED DOCUMENT- Defendant's Application to File Under Seal the Declaration of Pamela D. Deitchle and Confidential Exhibits A-J in Support of Defendants' Motion for Summary Judgment. (mat)

SEALED DOCUMENT- ORDERgranting Defendants' Application to File Under Seal the Declaration of Pamela D. Deitchle in Support of Defendants' Motion for Summary Judgment and Confidential Exhibits 1-8. (mat)

SEALED DOCUMENT- DECLARATION of Pamela D. Deitchle in Support of Defendants' Motion for Summary Judgment and Confidential Exhibits A-J. (Attachments: Part 2, Part 3)(mat)

OTICE of Manual Filing filed by Plaintiff vBulletin Solutions, Inc. of Declaration of Patrick A. Fraioli and Accompanying Exhibits in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment. (Fraioli, Patrick)

NOTICE of Manual Filing filed by Plaintiff vBulletin Solutions, Inc. of Declaration of Patrick A. Fraioli and Accompanying Exhibits in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment; Plaintiffs Application to File Under Seal; [Proposed] Order Granting Plaintiffs Application to File Under Seal; and Proof of Service of Documents Filed Under Seal. (Fraioli, Patrick)

Opposition Opposition re: MOTION for Summary Judgment as to Second Amended Complaint[158] Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by Plaintiff vBulletin Solutions, Inc.. (Attachments: # (1) Declaration Declaration of Bruce Abramson, # (2) Exhibit Declaration of Abramson - Exhibit A, # (3) Declaration Declaration of Joseph Rosenblum, # (4) Exhibit Declaration of Rosenblum - Exhibit A, # (5) Declaration Declaration of Robert Brisco, # (6) Exhibit Declarationof Brisco - Exhibits A-B, # (7) Declaration Declaration of Russell Selmont, # (8) Exhibit Declaration of Selmont - Exhibits 1-7, # (9) Exhibit Declaration of Selmont - Exhibits 8-16, # (10) Exhibit Declaration of Selmont - Exhibits 17-21, # (11) Proposed Order Proposed Order Denying MSJ)(Fraioli, Patrick)

STATEMENT of Responsive Separate Statement MOTION for Summary Judgment as to Second Amended Complaint[158] Plaintiff's Responsive Separate Statement of Material Undisputed Facts in Defendants' Motion for Summary Judgment filed by Plaintiff vBulletin Solutions, Inc.. (Fraioli, Patrick)

Evidentiary Objections Opposition re: MOTION for Summary Judgment as to Second Amended Complaint[158] Evidentiary Objections to Declarations in Support of Motion for Summary Judgment filed by Plaintiff vBulletin Solutions, Inc.. (Fraioli, Patrick)

View/Download Documents:

#161 - Signed Order
#162 - N/A - No Public Records
#163 - N/A - No Public Records
#164 - N/A - No Public Records
#165 - Notice of Manual Filing
#166 - Notice of Manual Filing
#167 - Plaintiff's Opposition to Defendants' Motion for Summary Judgement (29 Pages) [January 7, 2013 @ 10AM] (typo in original document for 2012?)
#167-1 - Declaration of Bruce Abramson (3 Pages)
#167-2 - Exhibit Declaration of Abramson - Exhibit A (3 Pages)
#167-3 - Declaration Declaration of Joseph Rosenblum (10 Pages)
#167-4 - Exhibit Declaration of Rosenblum - Exhibit A (2 Pages)
#167-5 - Declaration Declaration of Robert Brisco (3 Pages)
#167-6 - Exhibit Declaration of Brisco - Exhibits A-B (5 Pages)
#167-7 - Declaration Declaration of Russell Selmont (4 Pages)
#167-8 - Exhibit Declaration of Selmont - Exhibits 1-7 (57 Pages)
#167-9 - Exhibit Declaration of Selmont - Exhibits 8-16 (42 Pages)
#167-10 - Exhibit Declaration of Selmont - Exhibits 17-21 (65 Pages)
#167-11 - Proposed Order Proposed Order Denying MSJ (2 Pages)
#168 - Plaintiff's Responsive Separate Statement of Material Undisputed Facts in Defendants' Motion for Summary Judgement [January 7, 2013 @ 10AM]
#169 - Evidentiary Objections Opposition January 7, 2013 @ 10AM]

Please click on the document number to view the document, some of these documents are too large to attach to this post. Apologies for the delay, this took some time to collect and organize.

 

[Morgain]

Thank you for your kind eforts. I will wait for someone to explain in due course.

 

[ENF]

Thank you for your kind eforts. I will wait for someone to explain in due course.

Most all of this has to do with vBSI opposing the Summary Judgement motion filed by XF's legal team. This simply vBSI's argument back to XF to say why the Summary Judgement should not be granted. #169 targets the previous declarations made, specifically.

The whole David McHenry thing has been solidified in Bruce's declaration. More or less: 'See, I told you so.' (167-1, 167-2)

 

[Kim]

Pamela was right with the Double hearsay about all of that. I am sure it will not stand up,what a load of old cods wallop.

What respect I had for Matt Mecham has evaporated with that stun however.