California Case Update

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I think the only plan they have is try to patch the holes in their failboat with another's hard work and worst comes to worst for them and they lose...well they say bad publicity is still publicity so they would probably just write it off as advertising costs and hand that over to the shareholders...who probably don't even know how to register on a forum.

To me it makes no sense...if the techniques used in the coding of a software title is available abroad.....and the code is not copied...what can an expert provide that isn't already said...furthermore if it is not copied directly...how can you even convince a person/group of people that the design is copied without having to teach them how to fundamentally code a forum software themselves?
 
As each piece comes undone, they will invent something else... this has never been about anything other than trying to cripple XF financially, thus they remove it from the market. If VB accomplished this, they would then take XF and have something near similar designed to it, and output into the market.

There never has been any other intentions from VB. They would love to get XF through a court, but even they know that won't happen... they're not that stupid. Its only about trying to hinder XF taking off... and if XF can get through this court process and shut VB down from any further action, then VB will diminish to nothing and XF will continue to rise.
 
Another motivation, though, that comes to mind is the suit is potentially a way for some IB execs to shift blame for problems with vB. If you are getting killed on sales and you can find a scapegoat, suing them may make your bosses not blame you for the failures. Not saying this is what happened, or that it is based on anything but speculation and a hypothetical, but I could see it as another explanation for pursuing a meritless suit.
 
Kim said:
Just reading 80-4​

I am struck immediately that this guy is giving testimony on things he can have absolutely zero first hand knowledge of, nor would they fall within his expertise, for which he is supposedly giving testimony...​

Such as:​

  • The time frame of when the lads left Jelsoft, what was going through their minds at the time.
  • The conversations they had at or around that time.
  • The conjecture that they influenced vB employees, or gained information from them.
  • Psychology of developers and the Ethics thereof.
I hope the XF lawyers rip him a new one for this..Total tosh, the guy is a real mercenary obviously saying what has been handed to him to say.​

He also misses the point that VBSI never had a design specification for the real v 4.0 as there never WAS such a document other than the single page document that merely outlined the objectives for 4.0 Objectives btw that are common to all modern software products.. including Invision Power Board which went through the same total re-design slightly earlier.​
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Actually Kim, you may be onto something there. Given that Pamela has been totally on her game, I am hoping she will pounce on this. Mr. Abramson may have ventured into an area where he is not an expert in, and in essence may essentially discredit himself in the process. Plus his CV is mainly focusing on Intellectual Property, not in areas of psychology or copyright. I'm questioning whether he's on top of his game in terms of programming since his CV shows he last touched programming in 1993 and has not done much since.

Your thoughts Jadmperry?
 
jadmperry said:
Another motivation, though, that comes to mind is the suit is potentially a way for some IB execs to shift blame for problems with vB. If you are getting killed on sales and you can find a scapegoat, suing them may make your bosses not blame you for the failures. Not saying this is what happened, or that it is based on anything but speculation and a hypothetical, but I could see it as another explanation for pursuing a meritless suit.
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Funnily I have long thought this too, and said as much to Kier wayyy back when, along with my thoughts that there is an element of "If this ship is going down, we're taking you with us" about it.

They have blown their market, now have a ready made excuse for the shareholders.. and could wind up an unprofitable wing without recourse to the execs involved.
 
Kim said:
Funnily I have long thought this too, and said as much to Kier wayyy back when, along with my thoughts that there is an element of "If this ship is going down, we're taking you with us" about it.

They have blown their market, now have a ready made excuse for the shareholders.. and could wind up an unprofitable wing without recourse to the execs involved.
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Given the fact that Bob Brisco is CEO of Internet Brands, but no longer top dog on the food chain, this may be very true. Bob has to now answer to his superiors over at Hellman and Friedman.
 
ManagerJosh said:
Given the fact that Bob Brisco is CEO of Internet Brands, but no longer top dog on the food chain, this may be very true. Bob has to now answer to his superiors over at Hellman and Friedman.
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It's a theory anyway... even if not the primary motivation, it is awfully convenient for them now, isn't it ;)
 
ManagerJosh said:
Actually Kim, you may be onto something there. Given that Pamela has been totally on her game, I am hoping she will pounce on this. Mr. Abramson may have ventured into an area where he is not an expert in, and in essence may essentially discredit himself in the process. Plus his CV is mainly focusing on Intellectual Property, not in areas of psychology or copyright. I'm questioning whether he's on top of his game in terms of programming since his CV shows he last touched programming in 1993 and has not done much since.

Your thoughts Jadmperry?
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Yes, this brings up something I wrote a few days ago...that the depositions, declarations, etc. are not evidence for purposes of trial (though, they may come in as impeachment evidence if someone changes their story or states something different). So, folks should remember that just because something was stated in one of the filings, it may not come in as evidence at trial.

And then, again, it brings up my previous post on expert witnesses. If there is no basis for the testimony, it should not come in (the attorney would have to object and presumably, the judge would keep out the baseless testimony). Interesting point, if xf's attorneys go after Abramson on not being an expert on current PHP standards. The bar for qualifying as an expert is pretty low, but it would be a big smackdown if he was qualified only as to PHP coding circa 1993 and before. That would pretty much shut him out from testifying about what he is being asked to testify on- the comparisons between vBulletin and Xenforo code.

Most of this comes into play if there is a trial...I would not be shocked if there was, but I think that the case should be dismissed on the motion for summary judgment (which, if that happens, makes all the trial strategy moot).
 
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If Xenforo is a copy of VB then its liken to were they enhance an out of focus photo to ID the bad guy on CSI. Were the original is still just pixelated ant the copy is purely creative ,innovative and what everyone expects too see, born out of the imagination of those IB didn't Own.
 
ManagerJosh said:
Given the fact that Bob Brisco is CEO of Internet Brands, but no longer top dog on the food chain, this may be very true. Bob has to now answer to his superiors over at Hellman and Friedman.
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I wonder if Hellman and Friedman know what is going on with IB and vB.
 
jadmperry said:
Another motivation, though, that comes to mind is the suit is potentially a way for some IB execs to shift blame for problems with vB. If you are getting killed on sales and you can find a scapegoat, suing them may make your bosses not blame you for the failures. Not saying this is what happened, or that it is based on anything but speculation and a hypothetical, but I could see it as another explanation for pursuing a meritless suit.
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(y) In large corporations, executives will frequently find ways to "justify their continued existence" by blaming a convenient scapegoat. It works if there is sufficient evidence to make a tale plausible to some very busy party who is too consumed with other things to really pay attention to the details.

And now it looks like Fabian, the VP of Technology just fled the mother ship too. Morgan was the prior Pinada.

jonsidneyb said:
I wonder if Hellman and Friedman know what is going on with IB and vB.
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I'm sure they have no idea as to the true picture.
 
ManagerJosh said:
After reading all those briefs, I can't help but think this project management cartoon is becoming reality...

http://www.projectcartoon.com/cartoon/71700
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They forgot one...
vb_handle_comp.webp
 
Put it this way, due to this frivolous lawsuit you can see the incompetence that's being exposed from reading those documents. I personally wouldn't touch their product if they paid me. Sour grapes, and it definitely shows that when you listen to reason the benefits come, ignore those and worry about shareholders then your not thinking about the longevity of your product that could have been great if you only would have. Listened?

One thing I did notice after reading the PDFs for any length of time and you go back to reading on xenforo the fonts look great. Amazing in fact.
 
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