Internet Brands claims against XenForo
- Thread starter Jarod
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Blandt
Well-known member
I suppose you could push the ignore button so you won't have to read my posts and take them out of context.
oh well I will just have to do it myself I guess.
Sorry I missed this till now! My knowledge is based on the Scottish courts system, so I'm afraid I don't know how the lower courts in England and Wales works. The posts (not just from Shanj) about the "CPP" is wrong though - the Crown Prosecution do not get involved in civil matters (which is what IB's announcement described). My best guess is that it will work similar to Scotland, and so will have been filed - the courts will then go through the paperwork motions, and eventually some sort of preliminary hearing will likely be arranged in front of a judge to sort things out for a full hearing. The actual process to get to a hearing could easily take a year or more...
Not sure whether I wish to read 67 pages at the minute but I don't believe this code is like vBulletin's at all. It uses different concepts, different ideas. The addition of alerts, likes, facebook like and personal conversations (to mention a few) are completely new in core forum functionality.
As for stealing concepts, almost all forums have the same software. Sure, Kier and Mike might have signed a contract of some sort but do employers really have a right to say "by signing this contract you are unable to work for or create any forum-related software ever again"?
I'm sure XF will prevail
As for stealing concepts, almost all forums have the same software. Sure, Kier and Mike might have signed a contract of some sort but do employers really have a right to say "by signing this contract you are unable to work for or create any forum-related software ever again"?
I'm sure XF will prevail
mrGTB
Well-known member
I just read a great post on vBulletin by a person, very imformative. I think this link might interest the staff here a little.
http://www.vbulletin.com/forum/show...inst-Xenforo&p=2051810&viewfull=1#post2051810
http://www.vbulletin.com/forum/show...inst-Xenforo&p=2051810&viewfull=1#post2051810
And unless IB filed for a temporary injunction (which, lets be honest will never get granted even in the rare case they did file for it) XF is free to continue selling untill a legal authority says otherwise
I can't see that, please copy-paste here.
mrGTB
Well-known member
There is NO court case against XF.
1. The whole thing has to be assessed under UK law.
The XF developers are UK residents under UK law.
They were employed by Jelsoft (VBulletin) under UK law.
They have set up XF under UK law.
2. Under UK law the skills and information in an employee's head belongs to them, after they leave the employ of a company.
Work belongs to the employer while someone works for them.
2A. When an employee leaves that employment they may be required to sign a non-competition contract. This can only last for one year.
That is, UK law supports the right of a worker to use their skills to work.
A non-competition contract can only cover a "reasonable period" which is normally taken as one year.
3. Xenforo website did not go live for slightly more than one year after their developers left IB (jelsoft/ Vbulletin).
That fits with a standard one year non-competition contract.
After that the XF developers were free to use their skills as they wished.
4. A UK court case cannot have been "filed" as IB has claimed.
A UK court case is public information unless subject to a special gagging order such as in cases of child abuse or terrorism. As public information its outline details are publicly available.
That means there would be an official listing with the XF and IB/ Jelsoft name on it. There is none.
4A. This is also borne out by the way the IB / Jelsoft announcement merely REQUESTS the XF team not to publish XF.
If there were a proper court case starting they would have an injunction to block XF from doing business. That would have a reference number.
Or they would have a case number and would obviously quote it to strengthen their statement - make it look legal.
No such numbers have been stated or leaked.
5. The most that can have happened is that IB has perhaps MADE APPLICATION to file a case.
Their application will be assessed by the UK legal authorities to see if it meets basic legal standards.
This takes weeks, for a complex case, months or years.
6. On the above points such an application does not meet legal requirements.
There will be no case.
Posted on the VB forum (Peggy said she couldn't acces it)
My own post.
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My own post.
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There is NO court case against XF.
1. The whole thing has to be assessed under UK law.
The XF developers are UK residents under UK law.
They were employed by Jelsoft (VBulletin) under UK law.
They have set up XF under UK law.
2. Under UK law the skills and information in an employee's head belongs to them, after they leave the employ of a company.
Work belongs to the employer while someone works for them.
2A. When an employee leaves that employment they may be required to sign a non-competition contract. This can only last for one year.
That is, UK law supports the right of a worker to use their skills to work.
A non-competition contract can only cover a "reasonable period" which is normally taken as one year.
3. Xenforo website did not go live for slightly more than one year after their developers left IB (jelsoft/ Vbulletin).
That fits with a standard one year non-competition contract.
After that the XF developers were free to use their skills as they wished.
4. A UK court case cannot have been "filed" as IB has claimed.
A UK court case is public information unless subject to a special gagging order such as in cases of child abuse or terrorism. As public information its outline details are publicly available.
That means there would be an official listing with the XF and IB/ Jelsoft name on it. There is none.
4A. This is also borne out by the way the IB / Jelsoft announcement merely REQUESTS the XF team not to publish XF.
If there were a proper court case starting they would have an injunction to block XF from doing business. That would have a reference number.
Or they would have a case number and would obviously quote it to strengthen their statement - make it look legal.
No such numbers have been stated or leaked.
4B. (ADDED here) If there was an official properly compiled case filed IB would REQUIRE the XF team to stop working.
They wouldn't bother with a piddling little announcement done on their own forum. There would be papers served on XF. Any announcement would give the legal references. None exist.
An injunction would stop XF operating and this site would immediately have to close down.
Clearly that hasn't happened.
5. The most that can have happened is that IB has perhaps MADE APPLICATION to file a case.
Their application will be assessed by the UK legal authorities to see if it meets basic legal standards.
This takes weeks, for a complex case, months or years.
Added here: Such applications are commonly used in business to bully someone legally. They mean very little except that IB has filled out a form and sent it into a court.
6. On the above points such an application does not meet legal requirements.
There will be no case.
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STOP PRESS!
The plot thickens. Apparently IB /VB are also in bad business trouble quite independently of XF because they are desperately trying to sell off their company in a cut price deal RIGHT NOW.
In other words they're trying to sell it quick and cheap because it's failing.
However - IB/ VB are under investigation for shady dealing about this.; They have not negotiated a fair price sale and therefore they have angered their own shareholders.
Not content with ripping off their customers, ruining a good product, driving away their best staff, they are now wrecking the rest of the company so are being legally investigated.
It will obviously be tricky for them that they are losing masses of customers to XF, due to XF being the better product. But partly because IB/ VB have themselves done their best to advertise XF to their own VB customers!
At this point in time the new buyer Hellman & Friedman Capital Partners may well smell rats and pull out.
That leaves IB having destroyed their product,
destroyed their customer goodwill,
lost a mass of customers,
lost the sale of their company,
and having strongly helped a new important competitor to succeed.
yoghurtfarmer
Well-known member
It's been mentioned that only links should be used because the data is from a section of the site that is for valid license holders only.
Jerry
Well-known member
Someone who's likely just been banned ?
It's Shanj's post on vB. She posted it here so that those who are not members there can read it as well.
Peggy
Well-known member
Which is permitted, since it's her own post.
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