California Case Update

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Another thing that stands out is IB claiming Kier had in his possession pretty much any document ever produced at Jelsoft.

I guess they can prove he had all of these documents, including customer data in his possession, yes?

I also note they are still accusing KMA of hacking into their servers, despite listing in thesame document that KMA had all passwords etc. They'd better bring logs and evidence of these hacking attempts, as well as the police/FBI records from when they discovered this felony, and went to report it to the authorities...

Oh wait...
 
You have to admit that Abramson is one smart cookie. I'd give any part of my body you want to have a resume like his. I may not think he's got a leg to stand on, but the dude is a definite expert in the field. I think the only negative I see about him is that he's a professional witness (80-4 - [Exhibit Deitchle Decl. Exh. J-O] Page #30) for cases just like this, so it calls into question - for me - his motives. Were he hired by XenForo it is MY OPINION that he would be finding things in another light.

I'm not disparaging him or his character, but it strikes me as something very mercenary. Again, this is all my opinion. Except for the fact that he's got a killer resume. That's pretty much fact.
 
SchmitzIT said:
Another thing that stands out is IB claiming Kier had in his possession pretty much any document ever produced at Jelsoft.

I guess they can prove he had all of these documents, including customer data in his possession, yes?

I also note they are still accusing KMA of hacking into their servers, despite listing in thesame document that KMA had all passwords etc. They'd better bring logs and evidence of these hacking attempts, as well as the police/FBI records from when they discovered this felony, and went to report it to the authorities...

Oh wait...
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They said that logs from the allegation, related to complaint concerning CFAA have been deleted as per company policy.
 
All I know is that if we want to know where all of the trees from the Earth went, a good number of them died for this case alone. Holy hell I'm glad I'm not a lawyer.
 
Edrondol said:
You have to admit that Abramson is one smart cookie. I'd give any part of my body you want to have a resume like his. I may not think he's got a leg to stand on, but the dude is a definite expert in the field. .
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He's undoubtably an expert witness, even someone who seems to make a career out of it.

For me,the first document I found petertaing to him was apt - detailing his costs.

$400 a day, rising to $800 if he's in court.
 
I was reluctant to make the journey, because I had a year-old son and for many months I had been spending the majority of my days and evenings working on vBulletin rather than spending time with my family. Rundell informed me that if I did not travel to California, my involvement with developing the initial design for the vBulletin 4 CMS would be diminished.
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During a spring 2009 conference call with the whole development team, Joseph Rosenblum stated that no Jelsoft employees would be permitted to take any time off until vBulletin 4 was completed.
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:\
 
Shamil said:
They said that logs from the allegation, related to complaint concerning CFAA have been deleted as per company policy.
Click to expand...
Hmmm.. They make the allegation, they have the burden of proof for the allegation, but they have deleted all the evidence? Did their lawyer pass the bar exam or the Coors Light bar exam?

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Fred Sherman said:
Hmmm.. They make the allegation, they have the burden of proof for the allegation, but they have deleted all the evidence? Did their lawyer pass the bar exam or the Coors Light bar examine?
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To be honest, I'm beginning to think their legal team don't actually care and are simply doing what IB is telling them to do.
 
Fred Sherman said:
Hmmm.. They make the allegation, they have the burden of proof for the allegation, but they have deleted all the evidence? Did their lawyer pass the bar exam or the Coors Light bar examine?

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Click to expand...

Plaintiff’s repeated, unsuccessful efforts to allege viable claims against Defendants, despite the services of four different law firms and three attempts in two different courts, reflect not poor lawyering but a client that is not interested in the facts or the law but simply wishes to exploit the legal process for bully a smaller competitor into submission through excessive legal costs.
 
Brisco replied that only programmers care about software architecture,
and that anyone who proposed a project to him with a timeline exceeding six
months would be fired.
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Is this guy for real?
 
James said:
Is this guy for real?
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Sadly it appears so. Certainly explains a lot of the problems they've had over there with personnel and software.

Shamil, is that quote from the documents somewhere? Certainly damning really - 4 law firms?
 
MGSteve said:
Sadly it appears so. Certainly explains a lot of the problems they've had over there with personnel and software.

Shamil, is that quote from the documents somewhere? Certainly damning really - 4 law firms?
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I counted 3 law firms.

That's from the summary, 80-6
 
Shamil said:
Plaintiff’s repeated, unsuccessful efforts to allege viable claims against Defendants, despite the services of four different law firms and three attempts in two different courts, reflect not poor lawyering but a client that is not interested in the facts or the law but simply wishes to exploit the legal process for bully a smaller competitor into submission through excessive legal costs.
Click to expand...
I agree; I don't think their goal ever was to win the case, but to perpetuate it. In the recent weeks, I have spoken to several owners of large vBulletin-powered communities; our conversations get around to alternative forum software, and they all want something better. We eventually get to xenForo and it is the number one candidate, but the uncertainty created by the current lawsuit is too much for them.

I look at it another way, though; the lawsuit is artificially containing demand, and there is only one place to go... xenForo. Looking at just the fundamentals, when the lawsuit ends or loses it's effect, a massive rally on xenForo will take place and it will conversely create a massive supply of sub-prime vBulletin licenses (which means lower sales). IB will naturally do something in it's own interest to block or delay these sales, creating even more dissent and driving more people away. Although it may not look like it, this lawsuit will only bring IB closer to that day.
 
After reading the newest paper all I can think is:

Mike, Kier, Ashley, I was a developer for over 20 years and I know how you feel. If I would openly express my feelings about some details in this paper Brogan would have to ban me from the forum so I keep my thoughts to myself.

Previously, I wished the best for Xenforo because I believe in your reputation and the product and because I bet my business on your success.
Now, in addition, I wish the best for Xenforo because I know that you deserve the success.
 
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