California Case Update

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I speak very bad English and even worse I understand law. Please, could someone tell me what IB really wants from XF?
 
Interestingly, my post about who owns them appears to be a bit out of date. As stated in another post after that, IB is now owned by Hellman & Friedman.

I think this actually makes it worse because it is a new acquisition and they will be fighting to keep it solvent.

Question is... worse for whom? If I just shelled out big bux for talent on a profitable company and within two years wound up with my highest paid execs spending a lot of my cash on attorneys and salary for time spent in court while the company I'm paying them to run has shown dropping revenue and reputation equity. (reference: my previous post about this hypothetical scenario).

There's also another expression that Judge R and others may be aware of... winning the battle, but losing the war.
 
I hope all this ends soon... I (and many others like me) are waiting for its end to hopefully buy a Xen license. I can't afford to take a chance, as I do most of my forum stuff on my own, and change is simply BAD as most of it is out of my reach (I'm a moron when it comes to updates etc).

I am wishing to actually start three or four new forums, have a guy that will be doing the webby work... we are simply biding our time till this is all over, as they will all be Xen assuming it'll be around. From what I can tell thus far, it is the best there is (aside from possibly Invision *shrug*)... either way, I'm not updating my vB account, and my new forums will NOT be on that either.

Interestingly, my post about who owns them appears to be a bit out of date. As stated in another post after that, IB is now owned by Hellman & Friedman.

I think this actually makes it worse because it is a new acquisition and they will be fighting to keep it solvent.
That looks to of happened just last month at some point. Maybe IdeaLab wasn't too keen on their business practices... and now that it's just been bought, maybe someone higher up will be looking into the worthiness of such actions.

One can hope at least...
 
Actually, no its not. Xenforo was coded outside of any contract between KAM and VBSI. vBulletin will never own the code to xenforo.

You don't understand. If they can't afford to defend themselves, this is exactly what's going to happen. vB will win by default.

Right now this is not a legal play but a financial one. The facts as has been seen are not good enough to win the case on their own merit. So it seems to me - and I stress that it seems to me - that they are throwing as much as they can at timed intervals so that the case drags on, bringing with it the greater and greater chance that XF will not have the financial staying power to keep fighting.

If that happens, then XF will be forced to give up the code and it would be owned by vB.
 
I was really hoping the judge would see through this (in my opinion) fairly transparent ruse, but I think he's [THIS COMMENT HAS BEEN REDACTED TO PREVENT SLANDER]!!

So there!
 
So.......in a worst case scenario...What would happen to xF if the unspeakable happened?

Depends on which charges. VB claims xenforo was created while KAM worked for them, and on that grounds xenforo is their property. This claim can be easily disproved by the SVN repo and other such tidbits.

Claims of copyright infringement would usually carry huge fines, so worst case, Xenforo Limited would have to shut down as they would not have enough liquid to pay vBulletin. ABSOLUTE worst case, KAM could potentially carry jail time on the wire fraud and hacking charges.

You don't understand. If they can't afford to defend themselves, this is exactly what's going to happen. vB will win by default.

If that happens, then XF will be forced to give up the code and it would be owned by vB.

Incorrect. Laws are in place to stop that situation, the only way that would work is if Xenforo SELLS the code to vBulletin to pay for costs. However, as XFL is a limited company, there is a nice loophole.

Assuming they lose, KAM auction of the software rights in the UK via a liquidation company and shuts down. I buy those rights to the code, set up a new company and hire KAM.

;)
 
Depends on which charges. VB claims xenforo was created while KAM worked for them, and on that grounds xenforo is their property. This claim can be easily disproved by the SVN repo and other such tidbits.

Claims of copyright infringement would usually carry huge fines, so worst case, Xenforo Limited would have to shut down as they would not have enough liquid to pay vBulletin. ABSOLUTE worst case, KAM could potentially carry jail time on the wire fraud and hacking charges.

Incorrect. Laws are in place to stop that situation, the only way that would work is if Xenforo SELLS the code to vBulletin to pay for costs. However, as XFL is a limited company, there is a nice loophole.

Assuming they lose, KAM auction of the software rights in the UK via a liquidation company and shuts down. I buy those rights to the code, set up a new company and hire KAM.

;)
Could you afford it >_>?
 
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