California Case Update

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Forsaken said:
Rather than working on vBulletin, IB has instead invested into technology to allow the siphoning of data from a persons brain.

:).
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Different people can do different jobs.
Why use a PHP developer to not work on vBulletin but play attorney in court?

What a nonsense argument you make. Well, to the point where you could argue that the amount of dollars spend on attorneys could have been used to hire a good PHP developer.

I think they clearly have money for BOTH though.
 
kyrgyz said:
PhotoPost vs vBAdvanced
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You have this on your computer.... You are ask to return digital information that resides on your computer. You then transfer all information via email and or network connection, but you will always have the original work and what you transfer is just another copy... right!. How do you transfer 'Intangible Assets' without using delete feature and without giving-up your hard drive.

Good Faith practice towards others, but not when it comes from JR of vBsi.
 
Jose Amaral Mota said:
You have this on your computer.... You are ask to return digital information that resides on your computer. You then transfer all information via email and or network connection, but you will always have the original work and what you transfer is just another copy... right!. How do you transfer 'Intangible Assets' without using delete feature and without giving-up your hard drive.

Good Faith practice towards others, but not when it comes from JR of vBsi.
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It's the first time I hear a company asked a user to physically return its software over internet. Usually developer/vendor just asks an eligible customer to uninstall and delete software before issuing a refund.
 
You quoted wrong post....

This fits your question, but it is answered within my post....

Jose Amaral Mota said:
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.....
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kyrgyz said:
It's the first time I hear a company asked to physically return its software from a user over internet. Usually developer/vendor just asks an eligible customer to uninstall and delete software before issuing a refund.
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Waiting for you to figure this one out.... ;)
Jose Amaral Mota said:
You have this on your computer.... You are ask to return digital information that resides on your computer. You then transfer all information via email and or network connection, but you will always have the original work and what you transfer is just another copy... right!. How do you transfer 'Intangible Assets' without using delete feature and without giving-up your hard drive.

Good Faith practice towards others, but not when it comes from JR of vBsi.
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Jose Amaral Mota said:
Waiting for you to figure this one out.... ;)
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Sorry. What to figure out here? They asked you to do what they perceived was proper. The rest is just nitpicking on your part.
Jose Amaral Mota said:
.... 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
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kyrgyz said:
Sorry. What to figure out here? They asked you to do what they perceived was proper. The rest is just nitpicking on your part.
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You do not understand, how do you send back digital information to another person without just giving them just a copy.

Plus you are quoting my post in partial, as you need to read it all or understand that sending via transfer will always leave a copy/original on your computer.

Remember, it is all about "Good Faith Practice" (with a hitch...)
 
Jose Amaral Mota said:
You do not understand, how do you send back digital information to another person without just giving them just a copy.
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:)

stating-the-obvious.webp
 
kyrgyz said:
I guess in case of intangibles returning means stopping using them and handing over rights.
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When you post a link to wiki... it did not help. Then offer this as your answer... it still does not help.

Ok, you borrower a book, then were ask to return it (you do). You no longer have this in your possession right!. Now, try it with digital... If you practice 'Good Faith', then why ask for something back if you already received it once before. (this is from Declaration of Joseph Rosenblum Part 1 http://xenforo.com/community/threads/cali-case-update.10037/page-14#post-192972)
 
This type of intellectual property lawsuit is very common in Silicon Valley. It almost always happens that when software companies are bought, the culture deteriorates. Senior staff come into conflict with new management, leave, and start their own companies. The larger company then sues for the rote reasons IB cites in its suit. After some number of years, there's a settlement.

It seems to me the plaintiff rarely prevails if the code is entirely different. Essentially, a suit is a drawn-out punitive action to protect its brand and forestall competition. It's de rigueur for corporate legal departments, they're just doing their job. I doubt IB is at all concerned about its reputation, especially on these discussion boards.

It's just the software business.
 
crabpaws said:
It seems to me the plaintiff rarely prevails if the code is entirely different. Essentially, a suit is a drawn-out punitive action to protect its brand and forestall competition. It's de rigueur for corporate legal departments, they're just doing their job. I doubt IB is at all concerned about its reputation, especially on these discussion boards.
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I understand that Silicon Valley companies sue each other for many reasons, and whatnot. I disagree that iB is not concerned about its own reputation - I think they're worried about it, in fact. Because xenforo is new, and something different - brings a new breath of air that vBulletin could not provide. This actually hurts their business more than what THEY let on.

They might be a corporate conglomerate [something like that, somewhat] but they're not untouchable. [See, corporations like iB think they're invincible/unstoppable in lawsuits.] So, when vBulletin learned of xenForo - they want to sue them because of the developer behind the venture.

And if the plaintiff rarely wins; then iB has done something wrong, and that Kier has done something far better than anyone that has been in a corporate lawsuit in the silicon valley.

This will mean more positive attention towards xenforo Ltd. To a level where KMA gets all the respect they are going to get with this suit.

By the way, they're not a silicon valley company, their headquarters are in El Segundo, CA - part of the greater los angeles county. I know because I live here. I live in the middle of the silicon valley epic-center.
Geographically, the Silicon Valley encompasses all of the Santa Clara Valley including the city of San Jose (and adjacent communities), the southern Peninsula, and the southern East Bay.
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Grabbed from wikipedia if you don't believe me.
 
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. 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.
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Totally agree with you.

It's probable that by the time that this lawsuit is settled, that XF will be so far out in the lead that I.B. and vB will be left in the dust. Therefore, they better win their case or IMO they're really going to be in trouble.

-Chris
 
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