California Case Update

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why don´t all of you webmasters just sue IB because they sold you a product which does not work?
 
Whilst I find it funny that Adrian cocked-up the dates in his sworn declaration, I actually find it far more funny that IB's highly paid legal 'experts' failed to spot it before filing the 'false' declaration with the court.

If I were IB, I'd be looking for a new legal team, one that can actually get their heads around such simple things as dates. :D
 
Shamil said:
New document of PACER/ CM/ECF: http://cl.ly/173V2C0w0I3V3J2M461P
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My goodness, is IB really that inept? If anything, those posts prove the following:
  1. There are a number of skeptics who will be staying with VB, for the time being.
  2. A number of people are moving to software other than VB and Xenforo, leaving because the product (VB), and the management, doesn't live to expectations.
  3. People so much so desire to leave because of bugs / poor management that they are willing to pay to have modifications ported over (whether it be to Xenforo or another topic)
The first post in the modifications exhibit isn't even a default feature of vBulletin. Honestly now...o_O

I can't wait until this is all over, with the end result hopefully being IB is exposed as the screaming four-year-old it is.
 
Lynn Tokeshi is under the impression that the employment contract of Kier and Mike were with Internet Brands, successor-in-interest. Unfortunately, Lynn forgets that under the law of the United Kingdom, the contract remains with Jelsoft Enterprises Ltd.

Kier did not have to travel to California, however, it appears that it was in his best interests to, in order to keep his job, or to that effect? I cannot confirm this, but I see this as a logical explanation to 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.
 
If anything, whenever a lawsuit is filed by a company, it shows employees' true colours. (Adrian in particular)
 
All I know is IB didn't lose my money, they still have it from the product I so eagerly bought into. I soon after found out that it just wasn't for me, I was excited to use the CMS but it turns out that thing in my eyes was far from a customizable CMS. By the time I got done skinning the CMS it turned it out was using 3rd party modules(now owned apparently by vB*) for about every block, and the recent news feed.

When I first came to XenForo I wasn't planning on buying it right away, I figured if a forum that's been around for 10 years couldn't suit my needs how could one that's brand new hit the spot. Turns out it did... :) the style that I took almost a month to get right on vBulletin, took me roughly one weekend to get sorted out on XenForo. I'm not fan boy by any means, but XenForo sold me on the product and not the "established history".

Competition is sometimes a hassle, but in the end, it's no reason to throw a fit and sue someone. I'm appauled at the lows IB are going to, but I'm confident XL will stomp on these claims. You can't expect someone to stick with you forever when sometimes it feels like you're going backwards in development(yes vb, I'm referring to you in case you screenshot this as well:))
 
Shamil said:
Lynn Tokeshi is under the impression that the employment contract of Kier and Mike were with Internet Brands, successor-in-interest. Unfortunately, Lynn forgets that under the law of the United Kingdom, the contract remains with Jelsoft Enterprises Ltd.

Kier did not have to travel to California, however, it appears that it was in his best interests to, in order to keep his job, or to that effect? I cannot confirm this, but I see this as a logical explanation to 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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Shamil,

Good catch on the privity of contract issue. I had concerns about this last year:
The first is in the nature of violation of US Copyright Act. The remaining five counts appear to sound under contract and state law issues. These claims are asserted to be "pendent claims" under the Federal Court's supplemental jurisdiction (28 U.S.C. § 1367). However, a basic issue appears to be that the employment contract cited is between Kier and Jelsoft. The address listed in the contract for Jelsoft is in the UK and the contract states that no work will be required to be performed outside of the UK. The payment terms are in British pounds. There is no explicit statement of which law or jurisdiction applies to the contract. So, I would be hard pressed to see this as a matter of California contract law, US domestic law, or anything other than UK employment law. If that is the case, then I see no supplemental jurisdiction for any of the contract based claims.
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http://www.vbulletin.com/forum/show...-claims-against-Xenforo?p=2068087#post2068087 .

There may be other facts out there that would change my opinion, but I tend to think the restrictive covenants would be open to challenge as being asserted by IB. (Though, I can see this as an issue both for jurisdictional reasons and also on the merits).
 
So are they saying people with add-ons can't transfer over or something? Is that what this latest document is saying? :unsure:.
 
Onimua said:
So are they saying people with add-ons can't transfer over or something? Is that what this latest document is saying? :unsure:.
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No. That picture was an exhibit as an appendix to the motion, but I don't see where it fits in, apart from severe financial loss.
 
Onimua said:
So are they saying people with add-ons can't transfer over or something? Is that what this latest document is saying? :unsure:.
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Perhaps it's also attempting to somehow corroborate IB's claim that XenForo is attempting to (or already has, or intends to) duplicate vBulletin.
 
Shamil said:
No. That picture was an exhibit as an appendix to the motion, but I don't see where it fits in, apart from severe financial loss.
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Ah, I wasn't sure what the reason was for pointing out people who are asking to have add-ons ported over or functionality duplicated on XenForo. o_O I still don't think I know.
 
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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I had closed up all of my vB forums and sold my designs site, I was so disgusted with vBulletin.
Didn't even know about XF then, nor did I have any desire to move to any other forum software. Just closed up and sold it off.

I'll gladly sign an affidavit to that effect. Now where's my pen........
 
erich37 said:
why don´t all of you webmasters just sue IB because they sold you a product which does not work?
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That was already discussed in many threads on vB.com. It was silly to think there would have been a class action suit brought against IB.
 
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