California Case Update

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Andy.N said:
Kier
Those tweets do not include year. That may be the source of confusion? How do we know which year it was made?
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Yes they do...?
twitter.webp twitter2.webp
 
Well, IB are talking about "within the first year" after leaving employment with them. Otherwise they have no grounds at all after that time passes.
 
King Kovifor said:
I went back to find them myself. It is true they were posted within 2010, proving my point invalid. However, this still indicates to me how unorganized and desperate they are. Several pieces of information are still incorrect.
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They are not suing to win the case. They are suing to drain finances from xF.
 
Nasr said:
They are not suing to win the case. They are suing to drain finances from xF.
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But, if I remember my law correctly (highly unlikely), XenForo can request payment for all legal costs that come from the case.
 
Kier said:
Good luck convincing any court that I should not be permitted to earn a living as a developer of software for a year after quitting my job as a software developer.
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IIRC, did you ever take on client's? Which would then prove any bit of your not being able to code invalid, as it doesn't mean you were working on XenForo, it means that you may have been doing client work...
 
King Kovifor said:
IIRC, did you ever take on client's? Which would then prove any bit of your not being able to code invalid, as it doesn't mean you were working on XenForo, it means that you may have been doing client work...
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I know some one, at least enquired about Kier doing some custom work. One of them was me.
 
Kier said:
Good luck convincing any court that I should not be permitted to earn a living as a developer of software for a year after quitting my job as a software developer.
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I would LOVE to know IB's reasoning to wanting the information and details of the customers of xenforo. In what way at all is that relevent to the case?

As a matter of legality

  • Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information (for example, the prevention or detection of crime). It is an offence for Other Parties to obtain this personal data without authorisation.
In fact, the order in the US is ordering xenforo to break the law. As without our express permission, xenforo is not allowed to provide said information.

How does that work?
 
Kier said:
Good luck convincing any court that I should not be permitted to earn a living as a developer of software for a year after quitting my job as a software developer.
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I see your point on that coming from the UK myself, any court would sooner you be putting your talent to work earning a living from a job, rather than claiming unemployment benefit from the goverment. But how do things stand if you (don't know if you did, or not), sign a document saying you would not work on specifically "forum software".

Coding skills can be used to create other types of applications, it doesn't just have to be forum software. That's what crosses my mind about the bases of the IB argument.
 
King Kovifor said:
IIRC, did you ever take on client's? Which would then prove any bit of your not being able to code invalid, as it doesn't mean you were working on XenForo, it means that you may have been doing client work...
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I was under the impression Kier helped out on tweaking a forum style for AVForums. Though regardless I can't see the problem with him just playing around with code for his own enjoyment, it shouldn't really need to be a paying client.
 
mrGTB said:
I see your point on that coming from the UK myself, any court would sooner you be putting your talent to work earning a living from a job, rather than claiming unemployment benefit from the goverment. But how do things stand if you (don't know if you did, or not), sign a document saying you would not work on specifically "forum software".

Coding skills can be used to create other types of applications, it doesn't just have to be forum software. That's what crosses my mind about the bases of the IB argument.
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As far as I am aware, the contract doesn't specify 'forum/community' software packages.
 
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