California Case Update
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Reeve of Shinra
Well-known member
The cases are still on-going but IB's arguements are weak imho and xenforo's legal team is kicking much a-- and when it came time to take names, The Rock was heard in the background saying "it doesn't matter what your name is!" =p
SchmitzIT
Well-known member
I particularly like this statement in Mr. Abramson's statement:
"It took over eighteen months for VBSI to move vBulletin 4.0 through the design, coding, debugging, and testing phases into a commercially viable software product".
If vB4.0 is VBSI's definition of commercially viable software, then that about sums up exactly why IB lost my business. It also says a lot about the qualifications of Mr. Abramson that he dares utter the words VB 4.0 and "commercially viable" in the same sentence.
The rest of his claims are also laughable, at best. VB uses PHP and XF uses PHP. See, your honour how they copied that from vB? And translation and styling implemented in both products indicates trade secrets were shared? IB should be going after MediaWiki, Joomla, and WordPress then. And shame on Kier for not crippling the XenForo software so it would not be picked up by Search Engines.
Kier, I again offer to show up in a UK court to explain to the judge exactly why I ended up leaving vB for XF. It's because the vB 4 suite I bought was a bug-riddled piece of crap, delivered three months after I got tricked into buying the license, and unfit to be run on a production server. No more, no less.
Commercially viable software, my ass.
"It took over eighteen months for VBSI to move vBulletin 4.0 through the design, coding, debugging, and testing phases into a commercially viable software product".
If vB4.0 is VBSI's definition of commercially viable software, then that about sums up exactly why IB lost my business. It also says a lot about the qualifications of Mr. Abramson that he dares utter the words VB 4.0 and "commercially viable" in the same sentence.
The rest of his claims are also laughable, at best. VB uses PHP and XF uses PHP. See, your honour how they copied that from vB? And translation and styling implemented in both products indicates trade secrets were shared? IB should be going after MediaWiki, Joomla, and WordPress then. And shame on Kier for not crippling the XenForo software so it would not be picked up by Search Engines.
Kier, I again offer to show up in a UK court to explain to the judge exactly why I ended up leaving vB for XF. It's because the vB 4 suite I bought was a bug-riddled piece of crap, delivered three months after I got tricked into buying the license, and unfit to be run on a production server. No more, no less.
Commercially viable software, my ass.
jadmperry
Well-known member
And since this thread is on the CA case, I thought I would remind readers that non-competes in CA are generally unenforceable:
"Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."
Cal Bus & Prof Code § 16600
) and tweeting about messing with code after leaving VB (ohnoes! This lawsuit is so ridiculous. From my point of view, right from the start, this lawsuit has appeared to me to be simply nothing more than I.B.'s best attempt to stifle XF by serving them with a nuisance lawsuit. And everything I've seen along the way so far, just simply reinforces my initial thoughts.
I think it's a pretty sad statement, when I.B., (who has had a ten year head start in the forum business by their own admission) feel that their best course of action in competing with XF, is not developing a better version of vB, but rather is to resort to low-ball tactics like this lawsuit. That leads me to draw the conclusion that I.B. are resigned to the fact that they simply don't feel they can compete in the long term with XenForo. So therefore, they have no other choice than to attempt to financially stifle or kill off XF by trying to burden them with overwhelming legal fees and a frivilous lawsuit.
If this case revolved around two car companies, instead of two software companies, it would sorta look like this...
Two executives decide to leave General Motors and a few years later after their exit from the company, the executives reveal that they have formed their own car company and intend to release and sell a car of their own. Some months later, a prototype of the automobile they have been developing is released for public viewing, the automobile is met with much fan-fare and critical acclaim and is touted as being fresh, innovative, ground-breaking and perhaps "the next big thing".
GM executives, seeing the new prototype designed by their former executives and feeling the potential sting of lost sales to the new upstart company, decide to launch a lawsuit against the new upstart company based on the fact that the prototype car that they are showing, similar to their own cars also has; round rubber wheels on it, is touted as having a combustion engine of some kind (although GM admits they haven't been able to look under the hood yet), uses sheet metal for the body panels, has tempered glass, has a GPS navigation system and leather interior. Therefore based on those features having similarities to GM's current cars, GM makes a claim of action and sues the new upstart car company for damages and copyright enfringmenent claiming that common sense dictates that the two former executives must have stolen former GM parts and trade secrets to help develop such an amazing the car.
Honestly, what a joke.
I just hope that when all is said and done that I.B. pays big for all of this. Hopefully I.B. will come to their senses soon and settle this lawsuit out of court and move on to concentrating their efforts on developing their own product instead of following Kier's twitter account. But if I.B. don't settle this thing and instead choose to follow this through to the final gavel, I hope the court throws the book at I.B. and awards XF legal costs and heavy punitive damages.
-Chris
I think it's a pretty sad statement, when I.B., (who has had a ten year head start in the forum business by their own admission) feel that their best course of action in competing with XF, is not developing a better version of vB, but rather is to resort to low-ball tactics like this lawsuit. That leads me to draw the conclusion that I.B. are resigned to the fact that they simply don't feel they can compete in the long term with XenForo. So therefore, they have no other choice than to attempt to financially stifle or kill off XF by trying to burden them with overwhelming legal fees and a frivilous lawsuit.
If this case revolved around two car companies, instead of two software companies, it would sorta look like this...
Two executives decide to leave General Motors and a few years later after their exit from the company, the executives reveal that they have formed their own car company and intend to release and sell a car of their own. Some months later, a prototype of the automobile they have been developing is released for public viewing, the automobile is met with much fan-fare and critical acclaim and is touted as being fresh, innovative, ground-breaking and perhaps "the next big thing".
GM executives, seeing the new prototype designed by their former executives and feeling the potential sting of lost sales to the new upstart company, decide to launch a lawsuit against the new upstart company based on the fact that the prototype car that they are showing, similar to their own cars also has; round rubber wheels on it, is touted as having a combustion engine of some kind (although GM admits they haven't been able to look under the hood yet), uses sheet metal for the body panels, has tempered glass, has a GPS navigation system and leather interior. Therefore based on those features having similarities to GM's current cars, GM makes a claim of action and sues the new upstart car company for damages and copyright enfringmenent claiming that common sense dictates that the two former executives must have stolen former GM parts and trade secrets to help develop such an amazing the car.
Honestly, what a joke.
I just hope that when all is said and done that I.B. pays big for all of this. Hopefully I.B. will come to their senses soon and settle this lawsuit out of court and move on to concentrating their efforts on developing their own product instead of following Kier's twitter account. But if I.B. don't settle this thing and instead choose to follow this through to the final gavel, I hope the court throws the book at I.B. and awards XF legal costs and heavy punitive damages.
-Chris
New document of PACER/ CM/ECF: http://cl.ly/173V2C0w0I3V3J2M461P
Now thats ****ing low as it gets.
So people requesitng modifications to be ported over now constitutes justification for xenforo to halt sales.
Pathetic, simply, pathetic, these low and pathetic bits of "evidence" just made me want to re-double my efforts to move away form vbulletin.
So people requesitng modifications to be ported over now constitutes justification for xenforo to halt sales.
Pathetic, simply, pathetic, these low and pathetic bits of "evidence" just made me want to re-double my efforts to move away form vbulletin.
x4rl
Well-known member
Hmm thats a new print because my "animelon" logo is on there, I only added that a week a two ago on vb.com
and there trying to pull Paul into this sheesh what lamers are they....
This was yesterday. I caught Joe looking at a few threads. It seems that he didn't capture my full post.
SchmitzIT
Well-known member
What confuses me is what they hope to achieve with this document? Are they trying to show that people are moving away from vB? If they are so worried about that, all they'd have to do is improve their software. Instead, they keep coming up with useless crap THEY can earn money on, while leaving the people they scammed out of their money waiting for them to get what they paid for.
None of these threads were started by any of the XF Ltd employee. What are they going to do, subpoena everyone whose statements they circled? Heck, they should, so everyone has a chance to explain to the judge what a piece of garbage vB 4.0 is, how respectless IB treats its customers, and how much greener the grass is over here.
hope he didn't get banned for voting yes 
Well, someone did post saying that vB was a mess.
steven s
Well-known member
Shocking! A mess?
To me, those posts show more dissatisfaction with the product then anything else.
yavuz
Well-known member
I didn't understand that too what purpose does these marings and messages serve?
x4rl
Well-known member
If you work that out tell me because am in the same boat.
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