Internet Brands claims against XenForo

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TheLaw said:
The chicken and the egg... so how does one file a lawsuit when they do not have access to code that they believe is infringing? After an allegation, that's what discovery is about. Most seem to believe that you have to absolutely prove your case before filing a lawsuit.
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But if they (XF) haven't released a product and assuming a 1-year non-compete, why would IB risk the negative publicity and monetary drain on the hope that there's something to this? There has GOT to be more than just idle speculation on their part or it makes even less sense than it does now. Frankly, I don't see how they could possibly do this without having seen the code.
 
Ranger375 said:
Funny thing is that I think this will backfire for IB. I mean, I, for one, didn't know anything about this platform until I saw their post. Sucks for them that I plan on switching over.
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I wonder how many VB owners had no idea about XF till the lawsuit brought it to their attention? And how many have since decided they are migrating to XF.
 
Edrondol said:
But if they (XF) haven't released a product and assuming a 1-year non-compete, why would IB risk the negative publicity and monetary drain on the hope that there's something to this? There has GOT to be more than just idle speculation on their part or it makes even less sense than it does now. Frankly, I don't see how they could possibly do this without having seen the code.
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That said, a lot of what they have done over the years hasn't made much sense. It's like the company is ran by brain-dead monkeys hellbent on ruining any credibility or worth they once had. Just how the hell have they amassed so much success?
 
Edrondol said:
But if they (XF) haven't released a product and assuming a 1-year non-compete, why would IB risk the negative publicity and monetary drain on the hope that there's something to this? There has GOT to be more than just idle speculation on their part or it makes even less sense than it does now. Frankly, I don't see how they could possibly do this without having seen the code.
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The company is huge. They just got bought for $640 million. Do you think they are going to worry about spending a few hundred bucks (maybe a few thousand, but equally insignificant) to get their lawyer to draft up a lawsuit in the hope it will scare Kier & Mike and discourage potential xF purchasers?
 
Edrondol said:
But if they (XF) haven't released a product and assuming a 1-year non-compete, why would IB risk the negative publicity and monetary drain on the hope that there's something to this? There has GOT to be more than just idle speculation on their part or it makes even less sense than it does now. Frankly, I don't see how they could possibly do this without having seen the code.
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..no ... someone at the top who went to a business school, ordered someone at the bottom who went to law school to use every mean available to put a stick in xenforo's wheels.
Classic crap in every IT company from Apple , Microsoft , Hp Oracle you name it .... nothing new here ... they don't need anything to sue, they only need money and fat attorneys (no offense for our fellow attorney members :D)
 
Stuart Wright said:
The company is huge. They just got bought for $640 million. Do you think they are going to worry about spending a few hundred bucks (less likely a few thousand, but equally insignificant) to get their lawyer to draft up a lawsuit in the hope it will scare Kier & Mike and discourage potential xF purchasers?
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Like the avatar Stuart, mind if I use it for mine?
 
Booth said:
I wonder how many VB owners had no idea about XF till the lawsuit brought it to their attention? And how many have since decided they are migrating to XF.
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From what I've seen quite a few and that's in 24 hours, echoes and repercussions from this kind of behaviour go on for a while in my experience, as more and more become aware, it's like throwing a big rock in a pond, eventually all the ducks bob up and down and look to see what happened.
 
TheLaw said:
The chicken and the egg... so how does one file a lawsuit when they do not have access to code that they believe is infringing? After an allegation, that's what discovery is about. Most seem to believe that you have to absolutely prove your case before filing a lawsuit.
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Agreed, but this smells essentially like a SLAPP suit to me... The timing and the tone of IB's statement seems specifically designed to disrupt Xenforo's launch and to intimidate their potential customers. I honestly don't know how else to interpret this line "We trust that software purchasers understand the risks of infringement of copyright law and act accordingly." in IB's statement.
 
Edrondol said:
But if they (XF) haven't released a product and assuming a 1-year non-compete, why would IB risk the negative publicity and monetary drain on the hope that there's something to this? There has GOT to be more than just idle speculation on their part or it makes even less sense than it does now. Frankly, I don't see how they could possibly do this without having seen the code.
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As I said in the article, it's possible they are (a) basing their claim on XF resembling something done while they guys were at IB, and (b) that there is enough over the hood to assume there is something infringing under the hood. In no way am I saying that any of this amounts to a winning lawsuit and that the lawsuit isn't about a company with a far bigger war chest trying to take the wind out of the Xenforo sails at a strategic time and knock it out as a serious player. Too early to tell.
 
TheLaw said:
As I said in the article, it's possible they are (a) basing their claim on XF resembling something done while they guys were at IB, and (b) that there is enough over the hood to assume there is something infringing under the hood. In no way am I saying that any of this amounts to a winning lawsuit and that the lawsuit isn't about a company with a far bigger war chest trying to take the wind out of the Xenforo sails at a strategic time and knock it out as a serious player. Too early to tell.
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Well it looks like it's backfiring at them big time. I won't be surprised if they try to buy out XenForo
 
Nizar Meddeb said:
Well it looks like it's backfiring at them big time. I won't be surprised if they try to buy out XenForo
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I'd be more surprised than I am with the Kansas City Chiefs being the winningest team in American football. This isn't about a buyout. That would be a settlement... if one was even forthcoming at this stage.
 
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