California Case Update

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if IB and IPB is outta question for sure, just get XF, and if XF doesn't seem to suit needs later down road then go with Burning Board 3 for cheap license of 60.00, upgrade when version 4 is beta (has xf importer) and be aight..lol
 
ibaker said:
That's just my own personal dilemma and trying to make decisions with my hands tied behind my back...that's all
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IF it will ever be clear that XF won't ever be updated again, there will be third party coders offering bug fix add-ons and maybe even a roll-up with updated core elements. I've no doubt that XF will be usable, even in such worst case.

It is only that uncertain situation currently that makes everyone insecure about XenForo. This lack of official communications does in fact more harm than good. But I'll stop criticising that now, because there is no sense in doing that.
 
PACER Updates for: 1/23/2013​
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Docket Text said:
ORDER by Magistrate Judge Victor B. Kenton,, Set deadlines and hearings( Confidential Settlement Statement due by 2/6/2013, Settlement Conference set for 2/13/2013 10:00 AM before Magistrate Judge Victor B. Kenton.) (rh)​
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View/Download Documents:​
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#179 - Settlement Conference Order​
 

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There's something terribly wrong with a justice system that moves as slow as this does. Just think about how this cripples the economy and people's lives to have to wait this long for a case to be over. This is not critique towards the judge or any employees BTW, just the system itself seems to be disfunctional.
 
ENF said:
The key here is the date of the settlement conference. There should be further updates sometime after 2/13/2013 -- until that time, don't expect any further information.
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Thanks lots ENF.
Translation for those who are not American natives that is Weds 13/02/2013 now there's a fine date!

Numerologically that's a 3 (the numbers add up to q2, which adds up to 3)
A 3 is the number of abundance, generosity, wealth, honesty, pride, the chieftain, rulership, triumph.
Brighde/ Brigit/ Rhiannon/ Hera/ Gaia the great Mothers, Matrones, y Mamau,
Zeus/ Jove/ Odin the great and the mighty.
Guardians of Justice. Triple Goddess.
As priestess and an Elder of Britain, I will call for the cauldrons to simmer the night before. ;)
 
dutchbb said:
There's something terribly wrong with a justice system that moves as slow as this does. Just think about how this cripples the economy and people's lives to have to wait this long for a case to be over. This is not critique towards the judge or any employees BTW, just the system itself seems to be disfunctional.
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Results may vary. Our legal system is kind of gamble (in my opinion).

I've seen cases which were dragged on forever with no end and I've seen cases which were rushed through virtually overnight. Some of them were well investigated and others not at all.

It shouldn't work that way, but it often does (in my opinion). And clearly it does need some fixing, but most justice systems more than often reflect the society they inhabit.

... Results may vary.
 
The local rules essentially require a settlement conference (as does F.R.Civ.P. 26(f)).

One thing that grabbed my attention (and was raised by XF's attorneys in previous filings) is the Plaintiff is required to file a statement of damages. From what vBSI has stated, they can't do that. This may present a large problem (among many) with the case.

I am not privy to any discussions or facts that are not in the filings. But, I doubt settlement is in the offing.
 
erich37 said:
hmmm... Kier gonna meet Brisco ? :cautious: :D
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I imagine that would be a very awkward moment for Bob Brisco (in my opinion).

Here is this large CEO of a large multi-million dollar company face to face with not "the trojan army" or the lead executive of a large think thank, but rather 1 simple man of 3, who have out performed, out managed, and produced a superior quality products that supersedes all the hired help Bob Brisco could ever come up with (in my opinion).

I'd imagine it should be a humbling moment for Bob Brisco to finally meet such an individual.
 
Jake Bunce said:
You doubt any kind of settlement? Or you doubt a settlement in favor of a particular party? Settlements can favor either side, right?
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It's a good point/question. Yes, either side can offer to settle.

But, I do doubt a settlement offer from vBSI that is reasonable. The continued cost of litigation is not a factor and having to pay legal fees should they lose would also not be a real issue for them. Again, this is all speculation, but it would seem to me that there is too much face to lose in settling, the costs are not an issue, and for the extra-legal reason that it appears the goal is to slow/impede/bleed XF, continued litigation is likely better for vBSI than settlement on almost any reasonable terms. I can't think of what terms would be reasonable that vBSI might offer. They were looking for many millions in damages (and, bigger issue, an infringement finding would allow them to likely halt XF going forward). They basically want to crush and eliminate the competition. Any settlement that does not accomplish this would seem to be a strategic loss.

And for XF, I can't see a monetary settlement that would be feasible to be of interest to vBSI. It would have to be so great as to be not payable given what I speculate to be the ability of XF to pay.

You never know, though. My guess is that the parties participate as ordered, and nothing much comes of it...but, I still think the damages issue will look bad for vBSI and likely the magistrate will make note of that.
 
jadmperry said:
But, I do doubt a settlement offer from vBSI that is reasonable. The continued cost of litigation is not a factor and having to pay legal fees should they lose would also not be a real issue for them. Again, this is all speculation, but it would seem to me that there is too much face to lose in settling, the costs are not an issue, and for the extra-legal reason that it appears the goal is to slow/impede/bleed XF, continued litigation is likely better for vBSI than settlement on almost any reasonable terms.
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are you saying that "justice" is "all about money" ? :notworthy:


Anyway, IB already lost face in their case against WikiMedia:

https://blog.wikimedia.org/2012/11/28/update-to-internet-brands-travel-site-lawsuit/

http://www.nytimes.com/2012/09/10/b...l-now-bedevils-owner.html?pagewanted=all&_r=0
 
jadmperry said:
The local rules essentially require a settlement conference (as does F.R.Civ.P. 26(f)).
One thing that grabbed my attention (and was raised by XF's attorneys in previous filings) is the Plaintiff is required to file a statement of damages. From what vBSI has stated, they can't do that. This may present a large problem (among many) with the case.
I am not privy to any discussions or facts that are not in the filings. But, I doubt settlement is in the offing.
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I do not understand, but that may be because my experience of (civil) legal cases is British.
If IB cannot demonstrate monetary damages, then how can there be a case at all?
The only type of civil case here I know where monetary damages are not part of the plaint, are in family law e.g. custody of a child; or libel,/ slander where the case hangs on the truth of the defamation.
Any BUSINESS case is about claiming financial loss due to the action of the defendant.
Is this an American (Californian) thing?
 
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