California Case Update

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AzzidReign said:
Say IB does win. What happens to the US customers as it sounds like anyone but the US may be fine pending the UK court results?
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There are already documents outlining there is significant difference in the coding to not deem as copyright. IB won't get XF software through the means they are... they may get any personal issues with the owners or single persons they are going after for some other reason, but it won't have anything to do with XF software going to IB, and again, a US company and court cannot bankrupt or close down a UK company... IB would have to go into a UK court to achieve such things.

The best way to avoid issues with companies from my experience, is to put the company in your wife's name, and be an employee... when any type of doubt or circumstance exists that may bite you on the backside, they can't normally get the company if you aren't a listed owner of it, and just an employee off.
 
Anthony Parsons said:
The best way to avoid issues with companies from my experience, is to put the company in your wife's name, and be an employee... when any type of doubt or circumstance exists that may bite you on the backside, they can't normally get the company if you aren't a listed owner of it, and just an employee off.
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Well ... it doesn't protect you that much.
I heard of someone doing that with a packaging / shipping store.
They worked for UPS and then quit their job.
His wife opened up a shipping store too close to the UPS store and UPS sued the pants off them. His wife never worked for UPS but the courts saw through their plan.
 
Xenforo has a plan though....good coding practices building up to a solid platform which things can call home.

XF doesn't need some scheme to win, they unfortunately need to deal with the time it takes to get to the bottom of the non-claims because of the legal rights of the other company to file non-sense motions as long as they can bury their non-sense non-reasons between a crap sandwich of paperwork.
 
Digital Doctor said:
Well ... it doesn't protect you that much.
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Agreed... its not always a failsafe under all circumstances... some though, its the ideal solution.

In this case, hindsight and all... I don't think IB would be able to go to the extent they have with this, all the people involved, if the company started in partners names, and Kier, Mike and Ashley where all employee's, with personal contracts aside of ownership. Such contracts then aren't available publicly for legal search.

I have also seen it bite people in the backside when they've tried using it to get around something they couldn't use that tactic to get around, like you outlined.
 
I wasn't specifically referring to any of the posts on this page, but a page or two back there are a number.

it was just a gentle reminder to all that whilst that might be a fun and thoroughly enjoyable (one I myself have done plenty of) exercise, management here don't appreciate the bashing.

Sorry if you thought I was referring to you, I wasn't.
 
I have a soft spot for Anthony, he was very helpful to me a couple years ago starting my first forum (before I knew it all:eek: ). Good on ya Anthony! One of my BFFF'S*

*Best Forum Friends Forever
 
AdamD said:
Makes me wonder if a large PR campaign about this lawsuit and how IB operates, would have any affect?
Or would that only hinder or make the case worse?
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Prolly create more lawsuits. Their pockets are likely WAY deeper that the XF crew unless there's something we're mistakenly assuming about KMA! :D
 
On the positive side:

The XF software is in good hands and developing well.

The XF defense is in good hands and being looked after by an intelligent, concise, and supportive legal eagle.
(Sorry Pam, couldn't resist the "eagle" bit - it sounded too cool not to use it ... lol).

The XF customer base is rock solid and, I presume, growing steadily.

The XF community is growing daily and has some incredibly talented people in its fold that are helping newcomers and the development team alike.

The XF brand is untarnished and well respected because of the honest and open way that KAM do business.

Oh, and it's my birthday in a couple of weeks - but that has nothing to do with XF ... :ROFLMAO:

Cheers,
Shaun :D
 
This just showed up, maybe PACER's being slow.


PROCEEDINGS: Plaintiff's motion for reconsideration of order dismissing 7th & 8th claims of 1st amended complaint with prejudice based on a change in the law; Motion for leave to file a 2nd amended
complaint to add new claims and defendants based on newly discovered evidence (fld 9-5-11)
The parties submit on their papers as filed.
The Court GRANTS plaintiff’s motion as to the 7th cause of action, and DENIES plaintiff’s motion as to the 8th cause of action, and GRANTS plaintiff’s motion to file a 2nd amended complaint.
Plaintiff shall submit a proposed order.




PROCEEDINGS: MINUTE ORDER (IN CHAMBERS)

None


Due to this Court’s ruling on October 17, 2011 Granting in
Part Plaintiff’s Motion for Reconsideration, and Granting Plaintiff Leave to File an Amended Complaint, the Court
NOW VACATES the dates of the Final Pre-Trial Conference
of October 24, 2011 at 11:00 a.m. and Jury Trial of November 29, 2011 at 9:00 a.m. The Court will re-set the dates for the pre- trial conference and trial at a later date following the filing
of the amended complaint and whatever further litigation follows that filing.
IT IS SO ORDERED.
 
So in "non legal" terms, this mean.....what? What claims are they trying to get to be reconsidered and when will we know what this "new evidence" is?
 
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