California Case Update

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It just cracks me up when their statements include things like, use of SEO, XHTML, Semantic Code, Follow Me, Content specific search... seriously. Are IB suing every other software company? SEO has been around well before vbulletin were. XHTML... what, do they now claim ownership of W3C source code? Even though XF is HTML5, not XHTML. Follow Me... lookout Facebook, your next on their list with your development of the stream style page. Content specific search. No way... vbulletin own the rights to content search? Get out... I did not know that! :ROFLMAO:
 
As for their documentary evidence of mass exodus from VB to XF... that's a no brainer... VB built less than usable software, extremly buggy and unstable at best, constant stream of problems... XF released at beta was more stable than VB's umpteenth 4.x version and 2 years of constant releases... still doesn't stack up to the stability of XF beta 1.

Does that answer that question for the mass exodus of VB?

VB are literally trying to punish someone else for their absolutely piss poor behaviour and software development. Their rot continues to be sillier and sillier.

Here's an idea VB... if you listened to Kier in the first place, if my memory serves me correctly, and he wanted to rebuild VB4 from the ground up... then VB wouldn't have lost him, nor a mass exodus of customer base. Instead, they try to touch up a 10 year old software design with a CMS and slight visual changes, charge more and call it stable, even though it was atrocious upon Gold release and suddenly sucked server resources, requiring a VPS minimum to run a forum software.
 
Anthony Parsons said:
It just cracks me up when their statements include things like, use of SEO, XHTML, Semantic Code, Follow Me, Content specific search... seriously. Are IB suing every other software company? SEO has been around well before vbulletin were. XHTML... what, do they now claim ownership of W3C source code? Even though XF is HTML5, not XHTML. Follow Me... lookout Facebook, your next on their list with your development of the stream style page. Content specific search. No way... vbulletin own the rights to content search? Get out... I did not know that! :ROFLMAO:
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heheh we're learning new things every day, are we not?
rofl.gif
 
A thought just came up, IB decided to have a statement filed via Bruce, is the XF legal team considering getting an in-industry individual to file say an amicus curiae on their behalf? Matt Mecham from IPB, another fantastic developer, comes to mind. Of course, the team is likely seven steps ahead of me on this one :). It would be superb to have someone in the industry prove false all the muck IB is spreading around. The sheer amount of ignorance present in those documents really makes me want to reconsider my future career path...

Nevertheless, looking at the new claims, especially from JR, this case has the potential to set a very bad precedent for the industry if IB wins.
 
Mr_Bob said:
A thought just came up, IB decided to have a statement filed via Bruce, is the XF legal team considering getting an in-industry individual to file say an amicus curiae on their behalf? Matt Mecham from IPB, another fantastic developer, comes to mind. Of course, the team is likely seven steps ahead of me on this one :). It would be superb to have someone in the industry prove false all the muck IB is spreading around. The sheer amount of ignorance present in those documents really makes me want to reconsider my future career path...

Nevertheless, looking at the new claims, especially from JR, this case has the potential to set a very bad precedent for the industry if IB wins.
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Afaik amicus curiae in the US is only considered in apeals? Not sure but its something that popped into my head soon as you mentioned it.
 
Slavik said:
Afaik amicus curiae in the US is only considered in apeals? Not sure but its something that popped into my head soon as you mentioned it.
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Now that I think about it, part of me wants to say you're right, because I remember studying the process for filing an amicus curiae, and the textbook I read mentioned it's generally filed in appellate court to provide evidence in addition to lower court evidence (especially in cases that make it to the Supreme Court). I'm almost certain that there is a similar opportunity in lower federal court cases (aside from statement part of the docket), but the process is not as involved as what is outlined in SC Rule 37.

s, AC or not, a statement to combat IB's nonsense would play very well.
Shamil said:
Boring file on PACER: http://cl.ly/3j1P2k0L1R2R0i2D2d2j Notice of manual filing
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Still, thanks for all the files Shamil! You're doing a great service keeping us all in the loop.
 
GeeksChat said:
I moved away from vBulletin because I was disappointed with the 4.0 product I had purchased a license for in the pre-sale (circa. Oct/Nov 2009).

I move the Invision Power Services IP.Board. This was before I'd even learned about XF and at the same time I was moving away (April 2010) lots of other people were too (there is printable evidence in the IPS forums to indicate this as well).

So ... I'd be quite happy to testify on behalf of XF to demonstrate that it wasn't XF that turned me away from the vBulletin software platform, rather it was the actions (or inaction) of VBSI and their poorly constructed, implemented, and bug-filled product which was vB 4.0 (and subsequent poor quality updates).

Cheers,
Shaun :D
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Slavik said:
Likewise I would attest to the same.
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DSF said:
Yes, so is it with me too!
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I would also attest to this. I have posts in the vB forums complaining about their product, after moving to IPB from vB, I have posts in the IPB forums talking about how much better it was and now that I am using xenforo, I can and will attest to why I moved from vB.

Jamie
 
Maybe I've read it wrong, but wasn't I.B.'s latest filing intended to help support their argument and motion where they are asking for a preliminary injunction and also an expedited discovery process?

Assuming that's the case, the copies of the forum posts are most likely just intended to show evidence and just cause for their motion as to why the process should be expedited as they are losing a lot of business to XF.

-Chris
 
Chris said:
Maybe I've read it wrong, but wasn't I.B.'s latest filing intended to help support their argument and motion where they are asking for a preliminary injunction and also an expedited discovery process?

Assuming that's the case, the copies of the forum posts are most likely just intended to show evidence and just cause for their motion as to why the process should be expedited as they are losing a lot of business to XF.

-Chris
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I stated this a while ago, and this is my belief for them using threads and posts in said exhibits.
 
Chris said:
Assuming that's the case, the copies of the forum posts are most likely just intended to show evidence and just cause for their motion as to why the process should be expedited as they are losing a lot of business to XF.

-Chris
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I still think the easiest way for them to try and stop that from happening is giving up the lawsuit, and improving the quality of their product. Instead, every new document filed is a facepalm++, and every new feature they release is something nobody really asked for but that will make IB some referral cash, while the bugs and requested features remain in the product and on the wish-list.
 
SchmitzIT said:
I still think the easiest way for them to try and stop that from happening is giving up the lawsuit, and improving the quality of their product.
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Agreed... well said. If IB cut the nonsense, stopped upsetting its very customers with what every commonsense person can interpret for themselves as a BS lawsuit, they might actually stop losing customers. Add rebuilding their product completely, from the ground up, which is what it needs, and they would be just fine. Instead, they want to try and claim ownership of another's product, being XF.

Continue making yourself look worse and worse in your customers and prospective customers eyes VB... doing a great job with that one. You are turning people away by your actions, nobody is running away otherwise. You made your bed, now you must lay within it.
 
Shamil said:
... Lynn, who has not noted ANY evidence or exhibit whatsoever to the request to return proprietary information to Internet Brands, whether it be tangible or intangible.
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How can you return something that is intangible, that I've gotta see! lol
 
MGSteve said:
How can you return something that is intangible, that I've gotta see! lol
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I could never figure this out myself. I myself ran into this problem, when I was given the wrong link to download software. I told the company that it gave me incorrect link for what I wanted. They replied by asking me to return by email? I did, but also mention that it was going to just copy and I will still have the product... They replied back by telling me not to copy their software, as I do not have right and it was against the law.... o_O

I immediately ask for a refund and they were slow at doing this, so I had my C.C. do a charge back on them... after they read my emails with this company. I also told this company "Get out of the internet services and donate your computer to a school, as you have no clue as to running services though your website... You also might want to take a computer course "Learn Computer Basics", if you wish to continue to run your services in the future from a computer. While taking this course, ask the instructor what is recycle bin/trash can do after you empty it.....

I like to here the answer of that in court.....
 
kyrgyz said:
Intangibles such as trademarks, copyrights, patents, know-how, customer lists, etc can be returned.
http://en.wikipedia.org/wiki/Intangible_asset
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Not going to hand over my computer... If it was received though a download transfer and not from media product.... (uninstall) How do you return something without it just leaving a copy on your computer? (Do not say delete it, as I mention that in the thread your partially quoted from me.) The only way for them to have this, is for me to give-up my property to them (HardDrive).

You still did not tell how to return Intangible Assets.
 
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