California Case Update

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I did request on the vB forum for my account and all privacy data to be removed, My account was denied removal and I was TOLD that all personal information was controlled through my account settings. I do not give the authority for anyone to share my information with vB as it is information that I have given to a separate party.

I shall however freely give permission for my vB account information to be passed onto the Xenforo team for cross reference and if any of my "EXACT" data is found to be the same then this may be shared back to vB.
 
The problem isn't that you can "benefit" xenForo's defense. The thing is, this is actually vBulletin calling it's former customers ...ahem. xenForo customers out. They think it's a conspiracy that KMA and co. "coaxed" customers in leaving vBulletin. In other words, they're calling you, myself, and everyone on this site the "bad guys" and ultimately we're criminals for jumping ship.

What's worse is that it's never about who left who, and why. It's once again; money drain. It's not good to be deposed. Being deposed is more like a slap on the hand.

Just remember, your information goes through the court system and sometimes, your information can land on the wrong people. Your address, your business, everything you ever shared with xenForo, or vBulletin. Everything.
 
ManagerJosh said:
Soooo, to our resident EU Lawyers here, do the EU Data Export and Data Privacy Laws apply here and that vBSI would need to compel the courts in the EU for XF to turn over the information???
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From the ICO's website.
Legal claims​

You can transfer personal data overseas where it is necessary:​
  • in connection with any legal proceedings (including future proceedings not yet underway);
  • to get legal advice; or
  • to establish, exercise or defend legal rights.
​
ExampleA US parent company is sued by an employee of its UK subsidiary. Relevant employee information may be transferred to the US parent as it is required for the defence.​
The legal proceedings do not have to involve you or the individual as a party and the legal rights do not have to be yours or the individual’s. Although this exemption could apply widely, transfers are only likely to fall under this category if they are connected with legal proceedings or getting legal advice.​
Can I transfer personal data overseas if I get a request for it from the authorities outside the UK on the basis of the laws in their country?​

No specific exemption routinely covers all such requests. However, in certain circumstances you will be able to send some personal data to the authorities or other parts of your own organisation in another country where the authorities in that country have requested it. How far you may do so will depend on the nature of the request. You will need to consider these cases carefully and can ask us for advice.​
 
Carlos said:
The problem isn't that you can "benefit" xenForo's defense. The thing is, this is actually vBulletin calling it's former customers ...ahem. xenForo customers out. They think it's a conspiracy that KMA and co. "coaxed" customers in leaving vBulletin. In other words, they're calling you, myself, and everyone on this site the "bad guys" and ultimately we're criminals for jumping ship.

What's worse is that it's never about who left who, and why. It's once again; money drain. It's not good to be deposed. Being deposed is more like a slap on the hand.

Just remember, your information goes through the court system and sometimes, your information can land on the wrong people. Your address, your business, everything you ever shared with xenForo, or vBulletin. Everything.
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I am not afraid (note that this is not a reference to, or infringement of, Eminem's song of the same name- which was also not created by, or owned by, VBSI). I would not mind being deposed.
 
You should be, because whatever you said here, or elsewhere can be used against you. Whatever "past" you had can be used against you. If you're deposed, you better be ready for the lawyer's typical "push button" tactic.

This crap isn't a game.
 
Carlos said:
The problem isn't that you can "benefit" xenForo's defense. The thing is, this is actually vBulletin calling it's former customers ...ahem. xenForo customers out. They think it's a conspiracy that KMA and co. "coaxed" customers in leaving vBulletin. In other words, they're calling you, myself, and everyone on this site the "bad guys" and ultimately we're criminals for jumping ship.

What's worse is that it's never about who left who, and why. It's once again; money drain. It's not good to be deposed. Being deposed is more like a slap on the hand.
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I actually thoroughly enjoy being deposed... Mostly because being deposed *doesn't* scare me and ultimately it's a battle of wits between you and the person deposing you.

I haven't been deposed in awhile, but last time it was, it was by some "hot shot" lawyer who flew from New York all the way to California to depose me. Was related to an MPAA file sharing case and they went on and on with me about if I had ever watched videos online. I told them yes I had and then they spent an hour on that because they thought I just admitted to watching pirated movies online (they didn't specify that). Finally after an hour of beating around the bush, they actually asked me the right question... "Have I ever watched pirated Hollywood movies online." Which of course was "no". Then they asked why I had lied to them when I said I watched videos online. "I was not aware that 'videos' meant Hollywood movies. I've watched videos online via YouTube before, and they appear to be produced by people in their homes, not in Hollywood." Needless to say, the deposing lawyer lost his cool and stormed out.

Either way, I love being deposed, and I most certainly have nothing to hide... and am not afraid of anyone using what I say or past actions against me. Sadly, I suspect they won't depose me... :(
 
digitalpoint said:
I actually thoroughly enjoy being deposed... Mostly because being deposed *doesn't* scare me and ultimately it's a battle of wits between you and the person deposing you.
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And you're right.

It's just that people on this site are being excited about being deposed, or erm.... involved in the suit. I don't think people should be excited about being deposed - I don't think you should, either. Sure, it may be fun to out-wit, out-smart the lawyer deposing you, but lawsuits like this can be troublesome especially if you don't have money for a good lawyer to assist YOU. I also don't think people should expect to be represented by the same lawyer as the defense (xenforo's).

Lower expectations = Great outcome. ;)
I haven't been deposed in awhile, but last time it was, it was by some "hot shot" lawyer who flew from New York all the way to California to depose me. Was related to an MPAA file sharing case and they went on and on with me about if I had ever watched videos online. I told them yes I had and then they spent an hour on that because they thought I just admitted to watching pirated movies online (they didn't specify that). Finally after an hour of beating around the bush, they actually asked me the right question... "Have I ever watched pirated Hollywood movies online." Which of course was "no". Then they asked why I had lied to them when I said I watched videos online. "I was not aware that 'videos' meant Hollywood movies. I've watched videos online via YouTube before, and they appears to be produced by people in their homes, not in Hollywood." Needless to say, the deposing lawyer lost his cool and stormed out.
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Good job on that! :)
 
Carlos said:
You should be, because whatever you said here, or elsewhere can be used against you. Whatever "past" you had can be used against you. If you're deposed, you better be ready for the lawyer's typical "push button" tactic.

This crap isn't a game.
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Um...well, I have no fear about anything I have said here, there, or anywhere. It would be great (though, highly unlikely that they would ever want to depose me) to explain all of my statements, especially the one's concerning my reasons for buying XF licenses at the relevant times. I would point out that my first license purchase was directly because of a post on vB warning people of the consequences of buying a license. After I explained the unfair and deceptive business practice implications of the threat, I would then explain my views on what I was promised with vB4, what I got, and the costs that I had to expend on fixing my site after buying their product.

Plus, other lawyer's questions hold no fear for me.
 
Carlos said:
You should be, because whatever you said here, or elsewhere can be used against you. Whatever "past" you had can be used against you. If you're deposed, you better be ready for the lawyer's typical "push button" tactic.

This crap isn't a game.
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what do i have to fear? i havent survived as a forum admin for this many years by being a knee-jerk fool that is easily manipulated and prone to having my buttons pushed. i guarantee i have dealt with many trolls better at pushing buttons than some ****er yank lawyer. i am also one of vBs earliest adopters, so if he were to even hint at 'proprietary concepts' or whatnot, hed better be wearing a cup.
 
I stopped actively using vB after the fiasco with vb4 - I tested my forum by upgrading it to 4.xx on a dev server. I saw the bugs, the incompatibilities with previous styling, the bloat, the slow running code, and I decided to hold off upgrading to it until it was sorted. Then I saw the company's response to the feedback on it's product (banning users and customers, deleting critical posts instead of sorting out the issues), and I wanted out.

I left my website running the most stable version of vB (3.8x) whilst I started researching migrating to an alternative. I narrowed down my options to IPB and xF. I liked the look of xF, but wasn't sure about it's maturity of code, given that it was a new platform. I waited for xF to develop as a product so I could see if it was going in a better or worse direction than IPB, and only when I was happy with what I saw did I buy a licence with a view to trialling it (as I preferred it's flexibility and speed over IPB, even though it wasn't as mature).

I tested it, loved it, and rolled it out last year. The general feedback from my users has been great. But it's not the only product I considered as a replacement for vB. If xF hadn't existed, or if it hadn't lived up to my expectations I would have taken my site onto IPB, or another alternative. xF's existence (or otherwise) wouldn't change the fact that this year, I sure as hell wouldn't be using vB 4.x in it's current form.

I still use my vB licence, but only to provide an archived, "read-only" version of my 3.8x forum to show how it previously looked and to preserve some vB-specific forum information (thread tags etc) that was lost during the conversion process to xenForo.

I'd imagine that among those who have previously used their vB licences and migrated away, a fair proportion of them have chosen IPB instead of xF (as I nearly did). I wonder what IB would make of them?
 
ManagerJosh said:
So who were the nay-sayers who said that Internet Brands wouldn't come after former vBulletin customers????
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Not even IB would be stupid enough to start involving hundreds, if not thousands of customers of XFL, even their pockets aren't that deep.
 
TheLaw said:
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.
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Indeed, this was the main reason I went and bought 2nd hand vB licenses for my two sites as VB effectively said 'Upgrade to 4.0 or stop using vB'. The added complication being that I had blogs active and of course, they decided to axe blogs so if I wanted to buy vB4, I had to buy the whole CMS suite.

They lost me, along with hundreds of other customers at this point, not when XF was launched.
 
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