California Case Update

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We trust that software purchasers understand the risks of infringement of copyright law and act accordingly. We have requested that Kier, Mike and Ashley refrain from selling the software while the issues, inclusive of our infringement claims, are heard in the courts. We intend to pursue our rights broadly and vigorously. We consider Kier and Mike to be talented developers, but ones who potentially fail to grasp the implications of their actions.
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HiMrn.gif

Thank you guys for finding that one for me. I am probably going to be purchasing a copy of xenForo soon for development purposes and just want to get the big picture before I invest. Again... I appreciate it fellas. I would have purchased much sooner (during the initial release actually) but didn't want to do anything until I knew which way this whole xF/IB debacle was headed. =)
 
@Gabby

To what end? What exactly will that accomplish except making yourself feel slightly better? In all honesty it's an empty threat and a meaningless attempt to intimidate the potential xenForo client base. Don't let it get to you. ;)
 
And one more thing..LOL

VB asks that court docs be put on seal yet make public statements like this. Yeah ok.
 
Caliburn said:
@Gabby

To what end? What exactly will that accomplish except making yourself feel slightly better? In all honesty it's an empty threat and a meaningless attempt to intimidate the potential xenForo client base. Don't let it get to you. ;)
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Yeah it's sure it gonna make me feel better. LOL I'm not the kind of person to roll over and take this sheet. It is one thing to have your day in court, they are entitled, BUT it a whole different ballgame when they start threatening the average joe. Yeah no, not going to happen.

I don't see MacDonalds sueing Carls Jr customers. It's a hamburger for God's sake, with different toppings.
 
@ Gabby:

I am not a legal expert by any means so take what I am about to say with three grains of salt but after reviewing the current available documentation, their statements, their evidence, and researching various IP laws using my mastery over Google-Fu... I can honestly say that I don't think their case has any merit. They're trying to basically bankrupt Kier into submission by tying the case up for a lengthy period of time.

I am not certain but if Kier wins (I'd bet money on it) then I wonder if it's possible for him to counter-sue for damages incurred and to pursue attorney fee's.
 
Caliburn said:
@ Gabby:

I am not a legal expert by any means so take what I am about to say with three grains of salt but after reviewing the current available documentation, their statements, their evidence, and researching various IP laws using my mastery over Google-Fu... I can honestly say that I don't think their case has any merit. They're trying to basically bankrupt Kier into submission by tying the case up for a lengthy period of time.

I am not certain but if Kier wins (I'd bet money on it) then I wonder if it's possible for him to counter-sue for damages incurred and to pursue attorney fee's.
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You know I know NOTHING about coding but I'm smart enough to know that my XF software does not physically look like or run like VB which if I'm correct, as everything to do with the coding behind it no? So I'm sure your bleeding analogy is right on.

Urgg. My blood pressure is up.
 
Slavik said:
No conspiracy, just facts :D
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Gabby said:
You know I know NOTHING about coding but I'm smart enough to know that my XF software does not physically look like or run like VB which if I'm correct, as everything to do with the coding behind it no? So I'm sure your bleeding analogy is right on.
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Cosmetics mean nothing. I could make vBulletin look just like xenForo in a couple of hours and vice versa. However the backbone coding is significantly different. I know this because I've looked into it. This whole lawsuit by IB is in my opinion the equivalent of a toddler having their favorite toy taken away and then throwing a hissy fit.
 
Caliburn said:
@ Gabby:

I am not a legal expert by any means so take what I am about to say with three grains of salt but after reviewing the current available documentation, their statements, their evidence, and researching various IP laws using my mastery over Google-Fu... I can honestly say that I don't think their case has any merit. They're trying to basically bankrupt Kier into submission by tying the case up for a lengthy period of time.

I am not certain but if Kier wins (I'd bet money on it) then I wonder if it's possible for him to counter-sue for damages incurred and to pursue attorney fee's.
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I would hope he does. I knew from the get-go that IB was blowing hot air.
 
Slavik said:
vBulletins own expert witness even said as much.
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That alone should have put an end to their case. It's unfortunate that somehow the case managed to progress to this extent. I wonder why some other forum providers (like Invision) have not filed an amicus brief on behalf of xenForo. Some of the claims Internet Brands are making could be used against Invision and the entire forum industry if Internet Brands win this case.
 
Caliburn said:
That alone should have put an end to their case. It's unfortunate that somehow the case managed to progress to this extent. I wonder why some other forum providers (like Invision) have not filed an amicus brief on behalf of xenForo. Some of the claims Internet Brands are making could be used against Invision and the entire forum industry if Internet Brands win this case.
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Mate, it's quite obvious what IB is doing is simply a "***** fit" if you will against Kier. I've always wondered why would Kier take code from IB ordered work since the script was in shambles, IMHO, post 3.8. Though I much prefer the good old 3.6 days. Winston Churchill said something during his life, "You have enemies? Good. That means you’ve stood up for something, sometime in your life."
 
Caliburn said:
I am not certain but if Kier wins (I'd bet money on it) then I wonder if it's possible for him to counter-sue for damages incurred and to pursue attorney fee's.
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They might get that out of the current action, especially in light of the admissions refiled under seal.

I'd also hope that someone is looking at filing ethics complaints against the plaintiff's attorneys.
 
MikeMpls said:
They might get that out of the current action, especially in light of the admissions refiled under seal. I'd also hope that someone is looking at filing ethics complaints against the plaintiff's attorneys.
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Maybe I am getting confused with a different case on an entirely different subject (I have read too many IP lawsuit blogs today) but didn't the lawyer(s) representing IB initially bail already?
 
The initial attorneys with the case were terminated. I did note that Alstom and Bird LLC, the previous attorneys, did have links to Barbara Lynn Walsh, Executive VP and Corporate Dev. / Counsel to IB.

Prior to joining Internet Brands in 2000, Walsh was a partner in the Technology group at Alston & Bird LLP in Atlanta, Georgia, where she specialized in public and private offerings of securities, mergers and acquisitions and corporate finance.
 
Hypothetically speaking, one would easily believe that should Internet Brands / vBulletin ever wrongfully succeed in destroying XenForo; their life (all of Internet Brands) on The World-Wide Web would become difficult. And it could become impossible, should they wrongfully target (impose, restrict, or punish) innocent consumers.
 
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