California Case Update

[Edrondol]

I can't believe they're still trying to claim any type of ownership over markup based on forum software. VB weren't first to the market with forum software, so in essence they have themselves copied another's idea already.


If anyone else makes these statements I'll sue them.

 

[signal500]

I thought the trial to settle this was in January? What happened to that date?

Like seriously this is getting old.

Why can't xenforo,s attorneys get this case to trial? Why is no one putting more heat on them to get their jobs done?

It's growing tiresome, either settle it and move on or do what needs done to get this to trial. At this point all I see of both parties delaying to suck up more money

 

[Jake Bunce]

I thought the trial to settle this was in January? What happened to that date?

Like seriously this is getting old.

Why can't xenforo,s attorneys get this case to trial? Why is no one putting more heat on them to get their jobs done?

It's growing tiresome, either settle it and move on or do what needs done to get this to trial. At this point all I see of both parties delaying to suck up more money

Always check this thread:

http://xenforo.com/community/threads/status-of-lawsuit.39082/

Scratch that. The Jan 15, 2013 trial date has just been vacated. The final pretrial conference is now Feb 4, 2013. A new trial date will be set at the pretrial conference on Feb 4, 2013.

 

[Shamil]

So they are saying XenForo is like vB4?

They're saying that the code styling and such is like vB4 - in that is uses the same design patterns etc.

Basically, everyone has their own unique way of doing things, and you often replicate this as you do work - it's not something you inherently control, and I don't see why a court of law would allow this to be used.

 

[Jake Bunce]

*deleted personal attack post*

 

[Jake Bunce]

*karate chop*

 

[Adam Howard]

*karate chop*

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[signal500]

Always check this thread:

http://xenforo.com/community/threads/status-of-lawsuit.39082/

So basically this is never going to end. What went from a January win for xenforo and after a short break resuming of xf development has now turned in to at least a feb win.

It's just going to keep getting pushed back further and further...

 

[Jake Bunce]

So basically this is never going to end.

Who told you that?

 

[Kim]

There is absolutely no guarantee of anything in legal matters.

The win for Xenforo is not in any way assured, to think so is just wishful thinking.

Of course I do think they will win, but I have seen very unfair and unjust results of legal proceedings before, as I am sure everyone has.

 

[TNCclubman]

the great news is once this all ends we're going to get 2 years worth of updates and advancements for our foro in one shot! Woooooooooooooo!

unless no ones been doing anything in the mean time?

 

[ENF]

PACER Updates for: 12/18/2012

MINUTES OF Plaintiff's motion for a court order striking the answer of defendant Sullivan and entering default against him held before Judge Manuel L. Real; denying [147] Motion to Strike. The Court DENIES plaintiffs motion, for reasons as stated on the record. Court Reporter: Sheri Kleeger. (mz)

APPLICATION to File Under Seal Declaration of Patrick Fraioli and Accompanying Exhibits in support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by plaintiff vBulletin Solutions, Inc. Lodged Proposed Order. (jp)

ORDER by Judge Manuel L. Real GRANTING Application to File Under Seal Declaration of Patrick Fraioli and Accompanying Exhibits in support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment [171]. (jp)

PROOF OF SERVICE filed by plaintiff vBulletin Solutions, Inc., re APPLICATION to File Under Seal [171], Proposed Order, Declaration of Patrick Fraioli served on 12/17/2012. (jp)

SEALED DOCUMENT- DECLARATION of Patrick Fraioli in Support of Plaintiff's Opposition to Defendants' Motion of Summary Judgment and Confidential Exhibits A-Y. (Attachments: Part 2)(mat)

View/Download Documents:

#170 - Order on Motion to Strike: Minutes (Plaintiff's motion to strike denied)
#171 - Plaintiff's Application to File Under Seal
#172 - Order Granting File Under Seal Application
#173 - Proof of Service
#174 - No public records

Only point of note is #170, others are just procedural/filing related.

 

[Jake Bunce]

So Mike's response to the SAC stands, and no default judgment against him.

 

[Slavik]

Good news for Mike. Roll on January

 

[AdamD]

Woo! Good news!

 

[Rodrigo Farcas]

Can anyone explain more the last documents?

 

[Slavik]

Can anyone explain more the last documents?

In effect VB were trying to get a default judgement against Mike. The judge said no. So everything carries on as before, a day in court on Jan 7th where XenForo will try and get a summary judgement. Failing that a pre-trial conference at the start of Feb of which the trial date will be set. I have been informed they expect that date to also be within Feb also.

It also seems that from some prior documents the judge knows that VB's claims are tosh and is urging a settlement before it goes to trial, however I imagine XenForos terms will be that this gets entirely dropped, never to be picked up again with all costs repaid to them. Probably something VB would decline, so I expect a settlement would not occur.

All in all, it looks like we may have this wrapped up (pending any apeals) by the end of Feb, unless settlement terms are agreed upon beforehand, however that looks unlikely.

 

[Sheldon]

Thanks for the summary Slavik.

 

[we_are_borg]

So Mike's response to the SAC stands, and no default judgment against him.

That's at least some good news.

 

[Shamil]

It's all shaping up for a standard January trial. Nothing really special to happen soon I'd imagine, apart from stalling.