California Case Update

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jonsidneyb said:
Now lest put these two sentences together and try and analyze it.

"vBulletin withdrew the motion one day before XenForo's counsel was due to question vBulletin's key employees under oath. vBulletin refused to produce its witnesses and had no choice but to withdraw its motion."

My thoughts.

A: Someone did not want to testify. (Why)
B: Refuse to produce witnesses (Do the witnesses not want to be known?)
C: Will the refusal be able to be brought up again in later parts of this case?
D: If you are not willing to speak in court and will not produce witnesses how can you win later on in the case.

I hope this can be picked apart to see what all can be gleaned from it.
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A; Do all the employees that testified with first hand knowledge still work for Internet Brands? Do they even care? Most of them seemed like scumbags to me (Joe and Don) and I doubt they care if they are no longer with IB.
B. Its not like this is some mob hit case, its a copyright case, I doubt anominity is a reason.
C. Most likely. If the case is to proceed someone has to testify eventually from Internet Brands.
D. They pretty much can't.

If it isn't clear to anyone, this case isn't about winning or loosing to vBulletin solutions (they've already lost in more ways than one). Its about causing as much financial stress as corporately possible on xF and bankrupting them before they get started. All the analyzing of the case and watching every docket is a huge waste of time. when it comes time, Internet brands will drop all claims and say a resolution has been reached and that'll be the last we hear of it.
 
Tomble said:
Virgin Media. Do they share fibre / back end infrastructure perhaps?
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Odd - Virgin Media would account for quite a lot of UK net users. I would guess a block of IP addresses is blacklisted somewhere out there and is preventing a connection. However I lack the technical skill to do anything other than stare at a blank screen :)
 
Digital Doctor said:
I'm not sure IB's goal is to "Win" the suit.
Their arguments just don't constitute reasonable examples of violations of the law.
Sure ... I bet they hope "one of them sticks" ... but this isn't about winning.
It's about spending a bit of IB "chump change" hassling a new direct competitor who doesn't have the resources you have. Dragging it out forever would be a win for IB.
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Shamil said:
New files on ECF/CM: PACER.
Plaintiff withdraws notice of motion for preliminary injunction and expedited discovery.
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Here it seems the plaintiff is taking its time, filing motions, withdrawing them, etc. Perhaps this case may go on for another year, maybe two with the other case in the UK. The cost of these trials is astronomical.
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Firm News and Views​

XenForo Ltd. Survives Another Legal Challenge by Internet Brands​

May 16, 2011​
Los Angeles, California​

Internet Brands Inc., corporate parent of vBulletin Solutions Inc., has abandoned a pending motion for a preliminary injunction in U.S. DIstrict Court in Los Angeles against upstart English software developer XenForo Ltd. due to lack of supporting evidence. vBulletin withdrew the motion one day before XenForo's counsel was due to question vBulletin's key employees under oath. vBulletin refused to produce its witnesses and had no choice but to withdraw its motion.​

Michael K. Grace, of Grace+Grace LLP, intellectual property counsel for XenForo Ltd., stated, “I am pleased that vBulletin's attorneys recognized the lack of merit in vBulletin's motion and withdrew it before XenForo was forced to incur additional costs." The court previously dismissed all of vBulletin's claims for violation of federal and state anti-hacking laws.​

XenForo Ltd. was founded in 2010 by former Jelsoft software developers in Reading, England. XenForo recently launched a state-of-the-art forum software application that was developed from the ground up for superior performance, flexibility and user experience. For more information on XenForo, please visit xenforo.com.​

So the IB "Drag xF through the courts" strategy makes itself more apparent.​
 
Incorrect: XenForo Ltd. Survives Another Legal Challenge by Internet Brands​
Better: Internet Brands dismisses their own claims, XenForo Ltd. Thrives. ​

Full story:​

Internet Brands dismisses their own claims, XenForo Ltd. Thrives. ​
Internet Brands has come clean admitting their lawsuit was bogus from the start. They now admit they just tried to sue Xenforo because they were mad that Kier could make such nice software and they were upset Kier was right that vBulletin 4 needed to be a rewrite not just window dressing on top of old outdated code. Internet Brands mentions that dealing with vB4 spaghetti code is just like wallowing in our own self pity. Internet Brands also admits that their software is unusable and that is the main reason they can't deploy it on the hundreds of sites they own. Internet Brands was quoted as saying ... "We are hoping vB5 is better so we can use it ourselves. But until then, we are stuck with vBulletin 3". ​

 
Digital Doctor said:
Incorrect: XenForo Ltd. Survives Another Legal Challenge by Internet Brands​
Better: Internet Brands dismisses their own claims, XenForo Ltd. Thrives. ​

Full story:​

Internet Brands dismisses their own claims, XenForo Ltd. Thrives. ​
Internet Brands has come clean admitting their lawsuit was bogus from the start. They now admit they just tried to sue Xenforo because they were mad that Kier could make such nice software and they were upset Kier was right that vBulletin 4 needed to be a rewrite not just window dressing on top of old outdated code. Internet Brands mentions that dealing with vB4 spaghetti code is just like wallowing in our own self pity. Internet Brands also admits that their software is unusable and that is the main reason they can't deploy it on the hundreds of sites they own. Internet Brands was quoted as saying ... "We are hoping vB5 is better so we can use it ourselves. But until then, we are stuck with vBulletin 3". ​
Click to expand...
I want some of what he's ^ drinking. ;)
 
What happened is that an injunction against XenForo/Kier being able to sell XF licenses was lifted.
It was lifted because IB couldn't or wouldn't produce it's witnesses.
http://gracelaw.com/XenForo.html

That's all. The lawsuit itself has not been thrown out - yet.
 
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