Peggy
in memoriam 2016
You have done very well.
California Case Update
- Thread starter Shamil
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ManagerJosh
Well-known member
Ready or not, the judge has set in stone deadlines
. Meet it, or face the consequences. That's how it is for us in advisory.
Brent W
Well-known member
I think anyone can see that with all of IBs money and lawyers, had they a case they would want it to get to trial as quickly as possible and put xenForo out of business for their alleged actions. This has not been the case however. IB has expressed very little interest in getting this to trial and has dragged it out as long as possible.
Jake Bunce
Well-known member
This seems an important point:
The way I read this is that... even if the case is allowed to proceed and IB files the new claims and serves the new defendants, the hour is very late. XenForo would not have time to respond to new claims and prepare a defense which would likely necessitate another delay in the trial date. So if the judge does not dismiss the case on November 5 then XenForo would suffer more prejudice as a result of IB's inaction. At this late hour the judge is compelled to either punish IB for their inaction by dismissing the case, or punish XenForo for IB's inaction by delaying the case. A delay might not be out of the question except that the case has already been delayed and the prosecution warned as Pamela noted in the same document. So the argument for dismissal is very strong and compelled.
The way I read this is that... even if the case is allowed to proceed and IB files the new claims and serves the new defendants, the hour is very late. XenForo would not have time to respond to new claims and prepare a defense which would likely necessitate another delay in the trial date. So if the judge does not dismiss the case on November 5 then XenForo would suffer more prejudice as a result of IB's inaction. At this late hour the judge is compelled to either punish IB for their inaction by dismissing the case, or punish XenForo for IB's inaction by delaying the case. A delay might not be out of the question except that the case has already been delayed and the prosecution warned as Pamela noted in the same document. So the argument for dismissal is very strong and compelled.
Morgain
Well-known member
You know I'm starting to think that maybe there has not been a strong will to pursue this case on the part of IB ALMOST from the start.
On the contrary I think it looks more and more like a bully making a big noise to seem scary but without any expectation that they would have to follow through. I think IB may have thought that their first "scary face" was going to be plenty to chase away XF clients. Sending out a warning to everyone saying we would be legally at risk if we bought XF was pretty stinky stuff - and untrue. Which left them with eggy faces.
Doing that, and serving legal papers on KAM didn't work. Our boys are genuinely strong, not fake bully strong. But I think IB really thought XF would collapse with too few clients and developers running away. That would have served them well, not so much because of competition - there are other forums anyway - but as an excuse.
After all what they wanted was to buy time to bring out a better version of VB because VB4 was so ghastly. While scrabbling VB5 together blaming XF to their parent company for the VB4 mess was SO useful.
But rather like an arrogant army that goes crashing in to invade without the skill or experience in how to actually hold or rule a colonised country, IB could not follow through. They knew it. So the rest has been an exercise in ever so slowly letting the case fall apart with some token moves to save face. Only they haven't - saved face.
On the contrary I think it looks more and more like a bully making a big noise to seem scary but without any expectation that they would have to follow through. I think IB may have thought that their first "scary face" was going to be plenty to chase away XF clients. Sending out a warning to everyone saying we would be legally at risk if we bought XF was pretty stinky stuff - and untrue. Which left them with eggy faces.
Doing that, and serving legal papers on KAM didn't work. Our boys are genuinely strong, not fake bully strong. But I think IB really thought XF would collapse with too few clients and developers running away. That would have served them well, not so much because of competition - there are other forums anyway - but as an excuse.
After all what they wanted was to buy time to bring out a better version of VB because VB4 was so ghastly. While scrabbling VB5 together blaming XF to their parent company for the VB4 mess was SO useful.
But rather like an arrogant army that goes crashing in to invade without the skill or experience in how to actually hold or rule a colonised country, IB could not follow through. They knew it. So the rest has been an exercise in ever so slowly letting the case fall apart with some token moves to save face. Only they haven't - saved face.
Morgain
Well-known member
That's been analysed. See above. Not going to happen.
KAM may well get their costs but there is no sign of a claim for damages. Such a claim would be yet another court case ... our boys want to get on with XF.
OSS 117
Well-known member
That really is quite sad. I only glanced through the legal mumbo jumbo. It's quite different from business law which I understand easily. This entire case has been ethically and morally incorrect from the getgo. It's just a power play by IB. Though having read some of the complaints about vB 5 and the programming talk a few pages back or in another thread, I can only wonder why people will continue buying from vB. There has to be some psychological component to it; painful anguish = good feelings.
EQnoble
Well-known member
More logic of my own that is in no way reality even though law is supposed to provide balance and protect.....
Q: vBulletin was bought for how much?
A: 111% of what it should be worth after making right against it's controllers misdeeds.
Again from my own little land of opinions, this is how the case makes me feel...I figure it goes hand in hand with the logic behind filing the case in the first place.
Q: vBulletin was bought for how much?
A: 111% of what it should be worth after making right against it's controllers misdeeds.
Again from my own little land of opinions, this is how the case makes me feel...I figure it goes hand in hand with the logic behind filing the case in the first place.
Code:
string str ("won enod ma I ,yrros");
string::reverse_iterator rit;
for ( rit=str.rbegin() ; rit < str.rend(); rit++ )
cout << *rit;
return 0;
Morgain
Well-known member
I guess of there was a collective action brought by a group of us against IB.
On what specific grounds I do not know. It would be vey difficult to demonstrate in an evidence based way that we have sustained losses because of IB actions. That would have to show solidly that if IB had not interfered we (named persons) would have made X amount (a lot) of moneuy.
Way open to argument. Not a runner I think.
The best thing is just sit tight a little longer until the case is dismissed or XF wins it. then we're in at the ground floor of a fantastic software, already rock solid even though it is so new..
Carlos
Well-known member
I know you're not a lawyer, but Jadmperrry has been trying to help out in helping people become more and more educated as to the lawsuit itself. Which requires a lot of attention to detail, and a lot of focus... passion..
But you shouldn't feel bad, in fact, you should feel honored that everyone's treating you with the equal respect that you've shown so far.
I'was just trying to be positive, is all.
Thank you for updating us, Shamil! We all appreciate it!
Stuart Wright
Well-known member
Yeah we realised all this as soon as the details of the case came to light. It's been very easy to hate IB for a long while.
p4guru
Well-known member
pretty sure any vB purchases right now are not to use vB5 but to get access to vB4 which is included in the current vB5 purchases
Morgain
Well-known member
yes I know but what I meant at this point is that IB hasn't really been doing the case since the first step. They've left it pretty much to fall apart. They expected XF to collapse quickly after the first bullying rubbish. Must have been a shock when that didnt happen! YAY XF
quite a cheerful thought at this point as they probably want it tidied out the way now too as well as us.
Geoffrey
Active member
The only reason I would buy vb would be to use v3.8. lol.
B
bogus
Guest
Even if i like vb3 i would never ever buy anything of IB again, before that will happen i go and buy me a wbb4.
But we are going offtopic
ENF
Well-known member
PACER Updates for 10/12/2012
#129
#130
Attached Documents:
129 (3 pages)
130 (3 pages)
130-1 (107 pages) [External Link, Too large to attach]
I have not read these documents yet, just posting for updating purposes.
#129
Docket Text said:
#130
Docket Text said:
Attached Documents:
129 (3 pages)
130 (3 pages)
130-1 (107 pages) [External Link, Too large to attach]
I have not read these documents yet, just posting for updating purposes.
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