California Case Update

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Forsaken said:
Most judges have less understanding of technology than your average jury.
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Judges are much more capable of deciphering information than your average citizen. That is what they are trained for. If they were imbeciles unable to analyze what is provided to them, then they wouldn't be judges. They don't live in a cave, they are aware of technology to a certain extent. As for the possible people on the jury, it really depends on their age range. Most young people in the US are in touch with technology (but still don't understand the interworkings of it -- if it looks the same, functions the same to them, it is the same). As for the older people, there is no hope there.

By reading the original post, it sounds like the plaintiff only has allegations and no evidence. Obviously the judge is going to dismiss that crap.
 
Rarez said:
Judges are much more capable of deciphering information than your average citizen. That is what they are trained for. If they were imbeciles unable to analyze what is provided to them, then they wouldn't be judges.
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:ROFLMAO::ROFLMAO: Oh, that was a good one.
 
From what I glance over, it looks like IB wants all of XenForo's data, including those of us who have purchased XF, tickets and I guess forum posts ("All COMMUNICATIONS between YOU and any XL customer"), and pretty much anything else. Other than that, it's just rehashing why IB believes their case is valid.

And shouldn't they contact Google for this? :p

contact_google.webp​

Crazy, crazy, crazy.
 
Remarkable filing (docket #97). There is a lot worthy of comment, but I don't have time now to hit it all.

I thought it was interesting that vBSI wants lists of XF clients so it can depose them and find out "what dealings they [the clients] had with Defendants [XF] and why." I am not sure that this would work out the way they hope it would.

Very curious argument as to "consideration" for the restrictive covenants. Consideration is required to have an enforceable contract (i.e., the parties have to exchange something of value- without consideration, you might have a promise, but normally that does not give rise to something you can sue somebody on). VBSI states that the consideration that Kier was given "access and use" of the trade secrets and proprietary information ("so long as they were properly used for business purposes."). Hmm...this does not seem to be valid consideration- or if it is, it would seem to only be so if Kier could use it for whatever purpose he wanted. I think this is a strained understanding of consideration.
 
jadmperry said:
I thought it was interesting that vBSI wants lists of XF clients so it can depose them and find out "what dealings they [the clients] had with Defendants [XF] and why." I am not sure that this would work out the way they hope it would.
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It would be funny however to read the customer dispositions, I can already imagine what mine would say -- LOL!!!
Jokes aside, I don't believe I've had any direct one one one type of communication with the XF team aside from what is publicly available on this site.

But as far as the matter goes about XF interfering with the the renewals of current vb customers, I believe that's flat out untrue given the number of people who expressed interested, and even purchased a copy of, IPB to test out. I believe IPB had a really aggressive sale aimed at dissatisfied vb4 customers prior to XF going on sale too. I know I bought I license of IPB to try out as did many others.
 
Heh, so people left Vbulletin, not because it was an inferior product, but because Xenforo made them leave! ohnoes! :P

They are so deluded, it's unreal and reading these updates, just makes me despise (sp) them all the more.
 
A lot of people left vBulletin in the 12 months before any knowledge about XenForo was available. Many sold their licenses, many discontinued running new sites, nor invested in new licenses of vBulletin. Many didn't upgrade or invest in version 4 because of how poorly it was received. Eventually XenForo came to market, just how IP.Board has version 3.0 and 3.1 come out or how WordPress upgraded to a much better version and some people changed their forum into a multi-user blog, etc.

When a customer buys a software license from XenForo it is still the choice of the customer.
 
stfu.IB.dreamers.webp


Wait a second.
I saw Kier here and I assumed I was just updating my vBulletin license.
Hey .... Yous Guyz Trikked Me :( :(
WTF iz ZenFourOH !?!?!

Lines 8-13: IB fail #24601.

I like on Page 2 how they want to ask me what dealings I had with the defendants and why.
Please IB: pick me to tell the Court the truth about the plaintiff and their failing / fledgling software.
 
IB has all the data why everyone left.
They are just lying through their teeth.

Here would be 100s of testimonies.
https://www.vbulletin.com/forum/forumdisplay.php/144-Licensed-Customer-Feedback

https://www.vbulletin.com/forum/showthread.php/363884-Internet-Brands-claims-against-Xenforo
https://www.vbulletin.com/forum/sho...ternet-Brands-claims-against-Xenforo-(part-2)
https://www.vbulletin.com/forum/showthread.php/345398-Why-we-ditched-vb4
https://www.vbulletin.com/forum/showthread.php/390874-Third-party-Developer-and-Skinner-Pain-Points
https://www.vbulletin.com/forum/sho...or-resolution-in-future-maintenance-releases)

and so on ... and so on ...

IB: many of us are using the same names !

These reports would be better than getting Xenforo customer testimony.
This is an excellent historical record of EXACTLY WHY WE LEFT.

Surprise / Newsflash : IB doesn't want to know why people left vBulletin because they already know. They are just suing Xenforo to hassle a competitor.
 
There's a lot of legal mumbo jumbo in the parts of #97 that I read, but still no proof of haxing.

And for the record, again. If XenForo had not been released, and even if IB had been the last forum producer on the planet I STILL wouldn't have renewed my licenses. IB lost me as a customer after they failed to deliver the vB4 I was promised and paid for. vB4 was a lemon. Nothing more, and certainly nothing less. THAT is why I left, and why I will never touch anything ever tainted by IB ever again.
 
SchmitzIT said:
There's a lot of legal mumbo jumbo in the parts of #97 that I read, but still no proof of haxing.

And for the record, again. If XenForo had not been released, and even if IB had been the last forum producer on the planet I STILL wouldn't have renewed my licenses. IB lost me as a customer after they failed to deliver the vB4 I was promised and paid for. vB4 was a lemon. Nothing more, and certainly nothing less. THAT is why I left, and why I will never touch anything ever tainted by IB ever again.
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Interesting how they are turning things up ! The day they released VB4 i considered about not looking back into vbulletin as simple as that . Isn't it easy to understand vbulletin add-on devs were already dropping their development process for most of add-on's after vb4's release and styles development too .
 
Here's one for you IB... I have left your company because your moral and ethical standards for business suck. I have no longer renewed VB licenses previously held with you, and in fact sold them for bargain prices. I converted my entire suite of VB sites to Xenforo. One, because of above. Two, because Xenforo is better software (albeit lacking in features due to time basis, though will come in time) and the owners actually provide me quality software that so far I have not had to use the ticket system to date as a result... because it just works for me or is extremely quickly answered here on the forum by staff / members with a fix / solution.

So please IB... please... try and come across borders to Australia, my country of residence, with your US nonsense orders and legal threats in documents to XF and try to get my details or any further information... because the only way you will get a thing is by coming to an Australian court and having an Australian judge tell me what I must do, not a US judge who has zero jurisdiction over me or who I purchase software from and/or official legal reasons why I make such purchases.

Pretty, pretty please. With such arrogant statements you only further my own cause to ensure anyone I personally know to not buy from you, and instead XF or IPB as the other two prime commercial providers. Never will I recommend your software again for your own incompetence and arrogance.
 
Interesting note regarding the highlighted text provided by dieketzer. I looked at the SAC (Second Amended Complaint) and noticed that vBSI/IB seems to be claiming that the annual maintenance agreements "constitute one year renewable contracts." vBSI argues that they would have enjoyed the benefits of numerous ongoing renewals but for the presence of Xenforo. Hmmm.... Last I recall, vBSI put an end to renewable licenses with vBulletin 4 back in 2009, more than 6 months prior to the appearance of XenForo. So exactly how is vBSI claiming that the sale of XF harmed the renewal rate if vBSI itself terminated that option long before Xenforo even existed and made available for sale? This is another quintessential example of WHOIS misrepresenting the facts.

jadmperry said:
I thought it was interesting that vBSI wants lists of XF clients so it can depose them and find out "what dealings they [the clients] had with Defendants [XF] and why." I am not sure that this would work out the way they hope it would.
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Yes, this is most interesting and not quite sure what the goal is here. So thousands of vBSI customers should fear the potential of being deposed and should have an attorney on autodial? I wonder what other privacy advocates might think of this ludicrous fishing expedition. Perhaps it's about time that more parties became actively involved in putting an end to this farce. I haven't spoken up much lately about this case as I have been insanely busy but I find this personally offensive because it is now personal, thanks to vBSI.
 
TheLaw said:
Yes, this is most interesting and not quite sure what the goal is here. So thousands of vBSI customers should fear the potential of being deposed and should have an attorney on autodial? I wonder what other privacy advocates might think of this ludicrous fishing expedition. Perhaps it's about time that more parties became actively involved in putting an end to this farce. I haven't spoken up much lately about this case as I have been insanely busy but I find this personally offensive because it is now personal, thanks to vBSI.
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Aye. I'm also lost as to what they hope to achieve. Will they go after anyone who once owned a vB license and now an XF license, because freedom of choice is not something backed by IB? In that case, they should just set up their offices where they belong. In North Korea.

Oh man, I do hope it'll be the labour camps for me, for not only moving my own sites away from vB, but also helping others achieve the same.
 
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