California Case Update

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Shamil said:
@jadmperry, and FRE 704 for Dr Abrahamson - he did have opinion in there.

I wonder how many Lay witnesses we have here?
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Shamil,

In looking at this again, I was not sure if I missed your point or question. Do you mean that he offered inadmissible opinion testimony in the depositions? If so, remember that the depositions are not the same as evidence that can come in at trial and there is more leeway in what people can testify about. (Depositions can come in under various circumstances, like to impeach a witness if they change their testimony at trial). If he testifies at trial and tries to state something that is not proper, the attorney will (should) object.
 
Ingenious said:
Same for me too, and my historic posts on vB and IPB would substantiate that I was looking at alternatives before I knew that XF even existed.
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+1 if you check my CycleChat postings on IPB. Before XF was known to me (and probably before it was public knowledge).

It was the disasterous roll-out of vB4 that made me leave, NOT Xenforo. (y)
 
http://c746070.r70.cf2.rackcdn.com/80-6.pdf

Having reviewed and considered the papers submitted by the parties with
respect to Defendants XenForo Limited’s and Kier Darby’s Motion For Summary
Judgment (“Motion”), and finding good cause therefor, IT IS ORDERED THAT:
1. The Motion is GRANTED.
2. The First Amended Complaint is dismissed with prejudice.
3. Judgment shall be entered in favor of Defendants.
4. As the prevailing parties, Defendants are entitled to seek recovery of
their attorneys’ fees and costs of suit. Defendants shall file their motion for
attorneys’ fees and costs of suit within 14 days after entry of judgment. The
judgment shall be amended to reflect the amount of Defendants’ award.

IT IS SO ORDERED, ADJUDGED, AND DECREED.
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Does this mean XF has won all (or part) of their claim to have the case dismissed?

Cheers,
Shaun :D
 
So the judge now has to decide whether he agrees with it and if he does, the case is over and XF wins?
God, I hope he does.
 
It could happen that way. Line through one word, sign and date and it would all be over.

But when is anything in life ever that easy? Especially when you involve a US judge with a history of - I'm going to be nice - erratic judicial behavior? I wouldn't worry even if XF lost in front of Real. He also has a history of being reversed often in appeals.
 
They're an interesting read. Kier's declaration sheds a lot of light over what happened over the decision of vB4 not being a rewrite.
 
Azhria Lilu said:
They're an interesting read. Kier's declaration sheds a lot of light over what happened over the decision of vB4 not being a rewrite.
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Indeed! I'm still going through them, but I am shocked to read this:

29. When we arrived in Los Angeles on the afternoon of September 3rd 2008, we met Brisco, who was was cold and sharply criticized our development pace as “glacial.” He said that he had already informed Internet Brands’ shareholders that vBulletin 4 would be ready very soon, and, therefore, Internet Brands in Los Angeles would assume direct control over the vBulletin development process to ensure the delivery of vBulletin 4 by March 2009. To meet this accelerated schedule, Brisco proposed outsourcing all development to China and transforming Jelsoft’s development staff from code developers to code reviewers of work by Chinese software writers.

30. I told Brisco that the vBulletin 4 product as then planned could not be developed within six months, and in a period of six months we could only develop a very limited set of new features based on the creaky and outdated architecture of vBulletin 3. Brisco replied that only programmers care about software architecture, and that anyone who proposed a project to him with a timeline exceeding six months would be fired. He indicated that if we did not agree with his new direction for developing vBulletin on an accelerated schedule, we were free to leave and not return for further meetings.
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Saeed said:
Indeed! I'm still going through them, but I am shocked to read this:
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I'm not shocked that that's how it went down. Good thing Brisco has years of experience with software development and can make such a true and accurate statement. :rolleyes: If he only knew how a solid architecture, while taking more time in the beginning of development, actually saves developers a lot more time in the long run when adding new features and what not. His comments remind me of the ignorance of my current client, whom I'm about to let go.
 
Oh wow, no wonder so many have left, jeesh.
It must be so liberating not having to work under someone like that and to work for yourself.
 
Azhria Lilu said:
They're an interesting read. Kier's declaration sheds a lot of light over what happened over the decision of vB4 not being a rewrite.
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Yeah no doubt, I had no idea that's how it went down. I know I was surprised when I got my copy of vb4 suite how much really hadn't changed. Guess we know why now.
 
I'm certainly glad i left when i did. I had my suspicions which turned out to be correct. I think this is a case where my gut feeling was correct. As always goodluck xenforo and the sooner this is put to bed the better.

And thanks shamil - I don't think i've personally thanked you for taking the time out to post these docs. Greatly appreciated.
 
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