California Case Update

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ManagerJosh said:
Assuming that what David wrote is false, I hope he gets sued off his butt and turned into a laughing stock.
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digitalpoint said:
He didn't really do anything (legally) wrong... just relaying what Matt said. {shrug}
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Even assuming what McHenry reported was said by Mecham is true, I don't see the relevance (in favor of IB, anyway). Kier is alleged to have said to Mecham that in Oct of 2009 that he was "thinking of starting new forum software..." Kier left the employment of Jelsoft (and depending on how you read the employment contract, of IB) on June 19, 2009. http://shamil.co.uk/pdf/vbsi-xfl/1.pdf , para. 23. The idea of starting a new software is not intellectual property. It cannot be the basis of Copyright infringement. Then, Oct 5, 2010, well more than a year past June 19, 2009, XF goes on sale. http://xenforo.com/community/threads/xenforo-1-0-0-beta-1-released.4858/ . Even if everything said is true, I see no claim or liability here (especially as non-competes are per se invalid under California law).

As to between McHenry and XF/Kier, I agree that there are not any apparent claims for this limited issue of having contacted IB's attorneys and doing what he did. However, I could see potential claims by Mecham against McHenry. That is not to say that they are clear or strong, just potentially there (but would need more facts). However, especially bad from a moral/ethical point of view, in my opinion, is that he contacted IB's lawyers and provided this information when Matt specifically mentioned not wanting to end up in IB's litigation.
 
"I don't fancy having my computer seized." If the judge grants this motion, and it seems anything can happen with this judge, then at least Matt and AdminExtra may enjoy having some of their hard drives needlessly imaged as well. And if we follow the irony, I noticed that vBulletinsucks.com is currently down for "revamping" as well. The other site in the network remains up.

I thought the last page was interesting where Matt Meachem says he recalls an alleged discussion concerning the non-disclosure agreement. There wouldn't be any concern about breaching an NDA unless you plan on sharing that information with unauthorized third parties. Considering that all three involved worked at IB, this would have been a complete non-issue. And if Matt is talking about an October 2009 date, then it's possible he might be misremembering many things considering Kier left and Xenforo allegedly began long before this late date.
 
digitalpoint said:
He didn't really do anything (legally) wrong... just relaying what Matt said. {shrug}
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Let me step forward here from a digital evidence perspective since I deal with electronic discovery and digital forensics investigations.

Here's what I see:
  • We are engaging third parties outside the scope of vBulletin v. XenForo.
  • We have a third party producing a chat logs between himself AND an individual named "Matt Mecham", allegedly is the same Matt Mecham who is the developer for IPS.
From an electronic discovery perspective, I strongly question the integrity of the chat logs. For all we know, the logs could have been altered or edited to remove crucial context. Chain of custody issues come into play.

We also do not know if that "Matt Mecham" is the real Matt Mecham from IPS, or merely a fictitious "Matt Mecham"

How do we know for sure that David_ did not sign up for a Skype account and talk to himself?
 
ManagerJosh said:
From an electronic discovery perspective, I strongly question the integrity of the chat logs. For all we know, the logs could have been altered or edited to remove crucial context. Chain of custody issues come into play.

We also do not know if that "Matt Mecham" is the real Matt Mecham from IPS, or merely a fictitious "Matt Mecham"
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I've dealt with electronic discovery for several years. You can make these arguments but it's really moot because both can testify (and they are under oath) that these conversations took place and that these emails are authentic to the best of their knowledge. But even so, this is where the joy begins to spread. IB subpoenaes AdminExtra for a database dump of their website. I'm sure they would be pleased... (n)
 
PACER Update for 10/22/2012

Docket Text said:
REPLY in support MOTION to Dismiss for Lack of Prosecution 128 filed by Defendant Kier Darby, Plaintiff vBulletin Solutions, Inc.. (Attachments: # 1 Declaration PDD Decl)(Deitchle, Pamela)
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Documents in this pack:

#134 - Motion to Support Dismissal
#134-1 - Declaration

Regards, ENF


(I've asked Jake to merge this thread into the primary update thread...)
 

Attachments

Nice info and wording on that document! Only thing that would of finished it off it the lawyer said "Plaintiff can and should, suck it.". Excellent to see a lawyer really fight for what's right for their client.
 
I'm just waiting to see what Matt from IPS has as "damning evidence". I wonder what his motives could be... :rolleyes:
 
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