CTXMedia
Well-known member
It's on hold by mutual agreement.
California Case Update
- Thread starter Shamil
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It's on hold by mutual agreement.
Anthony Parsons
Well-known member
It is currently on hold until California is completed, to the last of my knowledge on reading the documents.
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Syndol
Guest
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John L.
Well-known member
Continue to use the software and develop on top of it. Regardless I will never use any software IB has a hand in.
CTXMedia
Well-known member
No one really knows. It's a civil case so I assume the court is at liberty to decide what measures, fines, etc. are imposed once the case is finally decided; however there's a way to go yet and any number of things could happen in the meantime such as IB dropping the case, a settlement being reached, the judge throwing the case out, etc.
Presumably - and I'm a UK citizen with no legal experience (never mind the U.S. legal system) - on the basis of the claims IB are making (stealing of code, breach of contract, etc.) if the case was settled in IB's favour the court would impose a financial penalty on XF and perhaps trading restrictions or a requirement to rewrite the code? Who knows?
I don't really know what power such a court has over a U.K. company or individuals.
Fred Sherman
Well-known member
Sure, but you ask a very open-ended question with a wide ranger of possibilities.
Lets say they find that KAM had been exposed to ideas or concepts that were being explored for a new version of VB and that they used that knowledge and incorporated them into the initial design to gain a competitive advantage.
But it was also established that these ideas were suggested by VB customers on the company website in a format viewable by the public.
So their exposure would be pretty small. The conclusion would be that they used their knowledge of the roadmap to develop a competitive feature sooner. That warrants a slap on the wrist.
So the serious answer to your serious question is unless they are guilty of anything immoral - and from what we know of them as persons, that seems highly unlikely - then there isn't a reason to abandon them.
Depends on the evidence. If somehow they find them guilty without (good) evidence then I will lose a bit more faith in the US justice system once again. Otherwise we'll see what happens next. XF is good software, either way someone will probably continue to develop it. Hope this helps.
David Copeland
Member
If IB wins the lawsuit, what will happen to customers who bought the xenForo software and the ongoing support they will need - and in addition, what wil happen to this website?
Joeychgo
Well-known member
Just want to point out, you wont know the true evidence and testimony unless your sitting in the courtroom. Reading a cold record isnt the same as being present for testimony.
And if XF loses, especially for something like copyright infringement or violating trade secrets, I could possibly see the court ordering all existing licences be cancelled. Its possible there might not be an XF to open source and / or develop.
Im not trying to start drama here... I am sincerely asking. I dont want to turn this into a fight or anything.
It is my understanding that you can buy online some of the information shared in the court room, as has been done in this thread. I'm sure important evidence will be made available.
Seems unlikely but it is my understanding that as long as XF has unique/new code the software itself could probably continue in some way. There is no reason for the court to stop development if no code has been stolen. Even if some vB code would have been used, that would simply mean this part of the code has to be removed, not the complete software.
No problem, it's normal to be worried about the future of XF, I think we'd all be shocked if this case would end future development for XF as it looks so unlikely. Worst case scenario to me seems that there is simply no money left to defend themselves and they give up and sell the company. Some lawyer can correct me if he/she thinks I may be wrong.
Joeychgo
Well-known member
Well, my thinking is that if XF should be found guilty of copyright infringement or theft of trade secrets, then the remedy might be turning all existing licenses over to IB, or cancelling them and ordering them not to be used. That doesnt mean XF couldnt develop a new version based on new code.
You can buy the filings online -- but for a trial transcript, the costs can be heavy.
You can buy the filings online -- but for a trial transcript, the costs can be heavy.
Cal
Well-known member
Of course they did. They just used images. I think it's silly to ask what we'd all do....we'd continue using Xen. IB can go **** themselves in most cases.
Cal
Well-known member
They'll move on to other forums, continue using Xen, and probably this site would be shut down. However I'd be willing to bet someone would make a fan site forum where xen could be upgraded by open source developers. That would be cool.
Cal
Well-known member
How so? They going to come to my house, physically knock me down, and wipe my servers? I can do anything I want. IB has no power other than sending out a message telling people to cease and desist.
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