California Case Update

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SchmitzIT said:
What baffles me is VB's claim that Kier did not return certain documents to Lynne, when asked. Yet, VB does nowhere provide proof of which documents these are, nor proof that Kier did not return them.

The rest is just smoke and mirrors. The XF defense in my eyes stated that none of the claims made by vB were backed in the evidence they supplied. Rather than actually pointing out how and where the documents DO prove the claims, they retort by making up even more crap.
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Pretty simple. All said documents were likely in possession by the vB team.
 
♪ Once 1.1 is out and this ridiculous case is over the angels will sing this ♫

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I still can't believe people would willing work for a company like this, how low can they get?
I just have no words, I can't believe companies can inflict this rubbish on not only the defendants, but the court system as a whole
Is it any wonder cases take such a long time when they have to deal with this stuff.
 
Gotta love page 7 "all employees should be interrogated, all access logs scrutinized and all personnel assumed to be saboteurs". LOL ...
 
AdamD said:
I still can't believe people would willing work for a company like this, how low can they get?
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I'm sure this is just "business as usual" in the larger business world. Lawsuits happen all the time, no matter how ridiculous they can get (as we can see). People just work there for a couple of years, get a few references, and move on.

I think a company such as IB has a large turnover rate in some departments.
 
Peggy said:
So she lied in her previous statement? Imagine that....
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I think(someone correct me if I am wrong...)they stated something to the effect that she wouldn't have known anyways...whatever to that... it seems like a whole bunch of conjecture to me and is not even related to anything...they should have to show SOMETHING concrete to support their frivolous claims.

*I dunno..I feel like...umm..I feel like they spent more time setting up the architecture of this most ugly ruse then revamping their product. I see and interpret the actions they take as a systematic exploitation of the legal system used in malice against a legitimate competing software title's owners, all behind a fraudulent accusation which is powered by people who believe money is power and forget you can't accuse someone of something which you can not prove especially if it is destructive and demeaning to a person or persons image in a public and personal way... and what's more public and personal than taking someone to court.
*disclaimer: this has been a personal rant from an average American citizen who is sick of giant companies trying to not let the average person get ahead in this world.

I really can't wait until this smear campaign is done with...for real.
 
Regardless of the merits of their arguments, IB's lawyers do a pretty good and persuasive job of arguing their case.

Very much hoping their motion is denied and we can see this resolved soon!
 
tickedon said:
Regardless of the merits of their arguments, IB's lawyers do a pretty good and persuasive job of arguing their case.

Very much hoping their motion is denied and we can see this resolved soon!
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It's still very much throw everything on the classic "throw everything on the wall and hope something sticks" approach.

Plus has anyone seen those skype logs? I'm curious to what they are blowing smoke at...
 
ChemicalKicks said:
What's the Skype log business about, I've seen it mentioned a few times.
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I don't think a copy of the log has shown up in the public documents yet, but from the way it is worded the allegation is that Kier and/or Mike was in contact with vB employees who fed them information and that communications was done via Skype.
 
First Kier stole vb4 code...no wait, he didn't steal the code, he stole the structure!! Yeah yeah! He stole the structure! Umm....oh, he also used the name "Kier" on his site, we have copyrighted his name while on VB! Yeah yeah! Let's sue him for that too! Hmm...now what else can we try to see if the judge is dumb enough that we can win with?

(n)

That's how I feel this whole case is going. First say one thing, then retract, say another thing, then say you didn't say the first thing and say another thing, then say you meant this for the 2nd thing...and so on. If only Jersey Shore was this interesting, funny, and dramatic!! LOL
 
Are they really thinking they can win? I was under the impression that they realized they can't win, but just plan to drain resources of the defendant.
 
Haven't weighed in on this case in a while, but I thought I would add a few impressions:

Adding the additional defendants and trying to amend the complaint seems most likely a tactical move to...wait for it...drag this dog of a case out as long as possible.

Seems like the attorneys (mostly on the plaintiff's side) are being snarky and injecting personal argument into the case (essentially moving the focus from the so called merits of the case to what the attorneys did, said, didn't do, etc., and their motives). This is almost always a bad idea. Much depends on the local practice, but, that said, it is normally the case that it is bad form to turn cases away from the merits and to focus on the other side's attorneys. Judges in most courts hate this and it can border on unprofessional conduct.

Nothing that has been filed or posted has detracted from my original assessment that VBSI has no case. I run out of adjectives to really describe their case (anemic? stillborn? desperate?...maybe someone else has a better descriptive term). As an off the cuff observation, vB tried to salvage/buttress the Copyright claim with an argument that the "non-literal" infringement was what this case really turned on and that "architecture" could be the basis of a claim....ignoring the fact that XF's expert already debunked the architecture issue in his expert opinion.
 
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