California Case Update

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Slavik said:
Not a fact but a near certainty.

If Xenforo wins in the US, the likelihood is they will win the UK case also.

Would VB want to incur the costs of both trials?

Not only that, I believe there is some law in place similar to autrefois acquit even between countries.
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Gotcha..but if I was to venture a guess based on my opinion of the situation...I would say yes..vb would incur cost of anything they could to try and slow down xf. I simply think they are using the courts to try pass off any problems they have of their own on to someone else (xf) who happens to do a better job than them . If that is the case yes they would.
 
EQnoble said:
Gotcha..but if I was to venture a guess based on my opinion of the situation...I would say yes..vb would incur cost of anything they could to try and slow down xf. I simply think they are using the courts to try pass off any problems they have of their own on to someone else (xf) who happens to do a better job than them . If that is the case yes they would.
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I don't put it past them, it just depends what compensation, if any, xenforo will attempt to seek against VB for these unfounded cases.
 
I mean even for someone like myself who hates people who sue everyone for everything...I would say XF HAS to seek costs and damages all which have nothing to do with the quality of their software but in fact because of the lack of quality of another.

This software would be even better than it is now if it wasn't for this unfounded lawsuit so actually the only party guilty of anything is VB which I would have to say if it was me personally if nothing else...would go after them for defaming my name in order to stop progress elsewhere. I believe they are threatened by the quality of this software and nothing else and also believe they are using the happenstance of previous employment as a ruse to play out in court where they can control progress with payment. It's a small price for them...and they probably believe that it a means to their ends.

Again this is my opinion here.
 
Slavik said:
I agree with you 100%. If I was in Kiers shoes I would be looking at libel and tortious interference just for starters...
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maybe, but we're getting ahead of ourselves here.

XF need to win the US case first and yes, with all likelihood the UK case will be settled before it gets to court. I'd imagine that any settlement between XF and IB will include the dismissal of any other outstanding cases.
 
Agreed... if they fail in the US, they will be pushing crap up hill in the UK to even get to court, as Commonwealth proceedings are far different than US. Just because you think you have a case in Commonwealth countries does not mean you will make it to court, if the preceding processes deem otherwise. It saves courts time with wasted ventures... in already backlogged systems.

Then you have the little fact on how payment goes... and if they lose in the US, they will more than likely lose in the UK, which means they will have to pay XF for all the costs and even damages. I could only see bad things for IB trying to take XF on in the UK...
 
Slavik said:
I agree with you 100%. If I was in Kiers shoes I would be looking at libel and tortious interference just for starters...
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Would be rather difficult to do, considering he doesn't wear them but if you manage to do so, it'd be an amazing feet feat! :p

Didn't they already get promised compensation in the UK lawsuit should they win there?
 
Onimua said:
Would be rather difficult to do, considering he doesn't wear them but if you manage to do so, it'd be an amazing feet feat! :p

Didn't they already get promised compensation in the UK lawsuit should they win there?
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The claimant pays the defendant if plaintiff loses in court - in the UK.
 
Drag it out as long as humanly possible, regardless it's money well spent from the IB perspective, win or lose, it's a win.
 
Shamil said:
Documents 57 though 59 added.

First post amended.
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Thanks for those Shamil. :)

It seems clear to me that they are just trying to delay things at every stage, surely it must also be clear to the Judge?

I've only got two words for IB, and the second one is 'off'.
 
EQnoble said:
I simply think they are using the courts to try pass off any problems they have of their own on to someone else (xf) who happens to do a better job than them . If that is the case yes they would.
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Which is horribly short-sighted (but then again, that seems to be how IB runs their business), as it's only a matter of time before the next guy comes out with a better product than vB, which. let's face it, is not very hard at this moment.

I cannot even imagine how this must reflect on their employees, who undoubtedly can see the same.
 
VB could copy XF software and release it as their own... they would still fail, because they have zero insight or real knowledge on how to build forum software. They lost their gold developers through poor business skills, and they employed less than adequate ones to try and replace them.

Very few people in this world are real naturals at software development... and VB lack these staff, let alone giving them the freedom they need to explore viable alternatives. VB are their own worst enemy. The A typical rise and fall of a company, small, grow... got too big for their own selves, fall.
 
It's a non-argument, I mean .. Isn't the point of them doing something else with their PHP knowledge, and no longer doing anything for Jelsoft .. one of the motivations behing XenForo? That's how it looks to me in my opinion at least.

Why on earth would they even want to use source or features from vBulletin (4) which obviously are not working for it? The whole point (in my observation as a customer of both companies) was to do something apparently that was more modern, from a perspective of being a player in the bbs market, as well as from the needs of customers.

vBulletin 3 and 4 are html4, xhtml1, with css2, xenforo is html5/css3. They used YUI, xenforo used jQuery. The list goes on. The source code is (so it seems) started around the zend framework, I have not seen any evidence of zend or a full fledged framework on vBulletin 4.

The claim about trade secrets, like "an improved more automated upgrade or installation system" <--- isn't that public knowledge, i mean .. everybody wants to improve theirs, and have it automated. Did vBulletin see what Wordpress did? They basically have a trademark for a upload, press go, and get your password .. installation. Who's to say that's not what XF was inspired by?

It's grasping at straws, throwing stuff at a wall and see what sticks. Corporate bullying, financial draining of competitors.

I think we've gone through this before though ..
 
EQnoble said:
I simply think they are using the courts to try pass off any problems they have of their own on to someone else (xf) who happens to do a better job than them . If that is the case yes they would.
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The german version of 4.1.4 is still not released because of the many problems (Editor)
Sometimes it looks like as if there is just one person playing around with the software...

SchmitzIT said:
Which is horribly short-sighted ....

I cannot even imagine how this must reflect on their employees, who undoubtedly can see the same.
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They are doing fine so far. Still a lot buying the software.... To many wear blinkers :cool:

But thats all just speculations and has nothing to do with the threadtitle
 
Awesome-o said:
it (the US) has no other option. it's called being a sovereign country
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Not to wreck the idea/meme, but in many cases, rulings (more correctly, judgments) from other countries are enforceable in the US (and vice versa) under either treaty obligations or principles of comity.
 
Hi, love to discuss this more, but perhaps not in this thread! thanks for the link.. I will make a discussion of this point on my forum to see how other people view this.

Just one point in your quote,

it is noted that the U.S. is not a signatory to any treaty or convention and there are no proposals for this position to change
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Mike Law said:
Hi, love to discuss this more, but perhaps not in this thread! thanks for the link.. I will make a discussion of this point on my forum to see how other people view this.

Just one point in your quote,
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Yes, treaty obligations are weak in this regard (though, they do exist- also, I was not speaking only of US Federal courts, but meant to include US State courts). The most likely source of enforcement would be comity principles.
 
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