psTubble27
Well-known member
Ideally, yep.
California Case Update
- Thread starter Shamil
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Morgain
Well-known member
The case could take up to 2 weeks though as the IB case is so flimsy that is unlikely. The judge has already dismissed a whole lot of it.
IB might also settle out of court. Quite likely. If they do that would be early Jan. by my guess as their aim all along is to string out as much stress as possible on XF.
Earliest judgement would be the 16th. It's not a complex case and the judge is well familiar with the issues. IB have blatantly failed to a) submit solid documentation and b) necessary witnesses, and c) have blocked XF lawyer from cross examining their employees. All the kind of thing that demonstrates gaming rathe than a true case. Professionals hate being manipulated in commercial spats so all this will not have won the respect of the legal officials.
A late deadline for judgement is likely to be end of January.
After judgement there will be some follow up to process the payment of costs to the winning party.
KAM will also need a rest! but a couple of weeks should suffice. I would expect XF development to resume early February latest.
ManagerJosh
Well-known member
If the outcome goes against IB, you can count on them appealing it. To say all of this will be wrapped up in January is naive, I'm afraid. Realistically, this thing could drag on for quite a long time still even if XF wins this part of it.
As jadmperry pointed out before, one simply can't "appeal" because they feel like it. There generally has to be a legal question or something that happens during the trial to warrant an appeal.
See: http://xenforo.com/community/threads/california-case-update.10037/page-205#post-397972
Digital Doctor
Well-known member
This is the only thing I want for Christmas.
erich37
Well-known member
XenForo does not look like a VB5 clone, nor does it have the same code as VB5.
This is proof by looking at the VB5 demo.
This is proof by looking at the VB5 demo.
The claim for copyright comes in two flavours:
XenForo contains code/ideas used in vBulletin
XenForo was developed whilst Kier / Mike were employed by Jelsoft, meaning that the code would belong to their employer.
On the second one, wouldn't the code belong to the employer only if the coding was done on company work time or on company computer etc?
XenForo contains code/ideas used in vBulletin
XenForo was developed whilst Kier / Mike were employed by Jelsoft, meaning that the code would belong to their employer.
On the second one, wouldn't the code belong to the employer only if the coding was done on company work time or on company computer etc?
Shelley
Well-known member
I would imagine so. My previous employer would not have rights to my private work outside of working hours on my own computer system, using my own software I purchased or atleast that is what I would have thought.
Which makes the second claim as ludicrous as the first.
Mert
Well-known member
That is not correct .
If somehow final decision will be in favour of IB and KAM has to hand Xenforo to IB , they will own the script and you have to follow what their decision will be. License owner company can easily cancel your license and ask your host to take down your site.
They'd have to ask my host to take it down, because I am not obliged to answer to a US court. Only XenForo UK could make me take it down.
Mert
Well-known member
Sending a DMCA will be enough to take down your site.
Mert
Well-known member
Really? Can that 'really' happen? What if I switch to a host that's not in the US?
Most countries respect DMCA notices expect Russia , China and couple other ones.
If my site were hosted in a country respecting DMCA conditions, they're not enforceable in the UK, and I could actually sue a UK host for not following the correct procedure with regards to DMCA noticed.
Mert
Well-known member
Feel free to believe what ever you want dude. I am not here to argue anything , i am just pointing the truth to you and you still believe what ever you want.
I am only stating the truth - for me to comply with a "DMCA", a Cease and Desist application would need to be made.
Morgain
Well-known member
On the possibility of appeal IB could only appeal after judgement if the court had operated incorrectly - a legal technicality.
To date the judge seems well aware of that and has operated very carefully. It doesn't look good on him if his court makes a mistake.
On the point of work done while employed I remember this was hashed out earlier in this thread.
In my own business (UK copyright) my staff do not have copyright on what I pay them to do. That belongs to me because I paid for it (I actually waive my rights for them to use it elsewhere because it doesn't hurt me and makes them happy)
What they do in their own time belongs to them.
But "their own time" would be hard to establish in the IB /XF case on distance working without office hours.
Need to look this up on earlier posts.
It's always been clearly stated that the US court decision will have no jurisdiction on sites hosted outside the US.
The UK courts have tighter regulations than the US ones and would be unlikely to accept a case of this kind because of the lack of evidence. It would only go to court if the standard of evidence was good.
To date the judge seems well aware of that and has operated very carefully. It doesn't look good on him if his court makes a mistake.
On the point of work done while employed I remember this was hashed out earlier in this thread.
In my own business (UK copyright) my staff do not have copyright on what I pay them to do. That belongs to me because I paid for it (I actually waive my rights for them to use it elsewhere because it doesn't hurt me and makes them happy)
What they do in their own time belongs to them.
But "their own time" would be hard to establish in the IB /XF case on distance working without office hours.
Need to look this up on earlier posts.
It's always been clearly stated that the US court decision will have no jurisdiction on sites hosted outside the US.
The UK courts have tighter regulations than the US ones and would be unlikely to accept a case of this kind because of the lack of evidence. It would only go to court if the standard of evidence was good.
Mert
Well-known member
You guys are really amazing please don't get me wrong but even today Xenforo Ltd. can cancel your license rights and send DMCA notice to your host. If IB wins rights of Xenforo , they will own the script and they can do what ever they want to do with the script. You don't own Xenforo , you just have a right to use the software according to the defined terms. If owner of the script wants you to remove the software , you'll have to follow that request.
Anyway this is my last message on this issue.
Anyway this is my last message on this issue.
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