any new update on the case? when will the court take place?
$30 has just been paid for PACER access. Donations are welcome.
It's clear based on the discovery process and the motions granted/dismissed earlier that the Judge wants to see things through to get the facts, I doubt he will grant a motion to dismiss. Sorry if that's not what you guys want to hear. And boy do I hope I am wrong.
Agreed... just because a person works for a company, does not mean any country has jurisdiction over that person in a court of law. Even with selling things across borders nowadays through the web, it is very difficult to actually do anything to a person in another country, because jurisdiction is not a right of another country.The issue of personal jurisdiction is much different from (most) of the issues the court has already addressed. I would not look at the past as a good indicator of how the court will rule on this issue.
Agreed... just because a person works for a company, does not mean any country has jurisdiction over that person in a court of law. Even with selling things across borders nowadays through the web, it is very difficult to actually do anything to a person in another country, because jurisdiction is not a right of another country.
I get that XF are playing the game for image and so forth with VB in the US... me personally, I would have told them to stuff it in their backside and I will only deal with the country I am legally bound by which has jurisdiction over me.
The US do not own .com registration. VB can't stop Google spidering a .com purchased from another country, as all countries have access to .com TLD. Even Paypal... they won't achieve much by trying to stop sales through them, because Paypal have a UK branch in which XF can still accept payment via for US customers.
It isn't up to XF who buys their software and from what country they reside. VB can't do a damn thing under such circumstances of ignoring them... it would force them to the UK courts.
I would have to ask one question before making that decision. Did Ashley ever log on to VBSI/IB servers located in California?Just read this: http://shamil.la/pdf/vbsi-xfl/105.pdf
To my eyes, this makes a compelling argument that there is no personal jurisdiction over Ashley.
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