California Case Update

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As has been stated elsewhere, I would imagine that the cost/aggravation at this particular time would not make it worth it. They've had 2+ years of dealing with lawsuits, and I can't imagine them wanting to take more time away from work/projects/family business.

I certainly wouldn't. I would be happy with the satisfaction that the code was proven to be original and superior, that the "big guy" was attempting to crush a better product by lies, falsifications, and petty revenge.
 
As has been stated elsewhere, I would imagine that the cost/aggravation at this particular time would not make it worth it. They've had 2+ years of dealing with lawsuits, and I can't imagine them wanting to take more time away from work/projects/family business.

I certainly wouldn't. I would be happy with the satisfaction that the code was proven to be original and superior, that the "big guy" was attempting to crush a better product by lies, falsifications, and petty revenge.

and what if you had to re-mortgage your home to fund a two year legal battle, are you content enough to "just win" and pay your house off again? If the cost of the lawyers outstrip the profit made selling this software so far and/or I've poured my personal money (or other peoples) into legal fees, had my reputation & product tarnished and potentially lost customers, I would be celebrating my win of course... but I'd also be planning my revenge 10 fold. Personally I find it laughable to be content after pissing thousands of dollars away on a case like this. There is only one way to recover these losses and it is not by releasing a new version and having a beer down the pub to celebrate, although they are two things that will happen in future hopefully.
 
and what if you had to re-mortgage your home to fund a two year legal battle, are you content enough to "just win" and pay your house off again? If the cost of the lawyers outstrip the profit made selling this software so far and/or I've poured my personal money (or other peoples) into legal fees, had my reputation & product tarnished and potentially lost customers, I would be celebrating my win of course... but I'd also be planning my revenge 10 fold.
Risky.
 

If that is the case, then as an Aussie, I'd like to point out that legal system there is junk. How can it be a gamble when you just got screwed and the whole lot was thrown out with the bathwater. It just seems crazy to fear reacting as anyone rightly should after being falsely accused.
 
I agree with this though. If I were in that situation, I'd want some damages from it. The personal / mental / emotional anguish from the lawsuit, all my money spent into the lawsuit, possibly therapy bills, and whatever else that might have been affected from the lawsuit. I wouldn't be happy just walking away with "yay.. we won! everything is fine now.. i'm so happy, lets gets drunk!" pfft please, that's a given..doesn't make up for 2 yrs worth of BS and money and other expenses out the window. best to get "damages" whilst the trial is still going on. Afterwards, celebrate.

"hey honey how is your new company going"...
"I'm being sued in two countries, how was your day?"

* two years later *

"Well that escalated quickly didn't it."
"Yes but in the end, justice prevailed."

I'm not that kind of guy, if Kier or Mike are they get my upmost respect for standing thier ground, but I was taught to punch back harder whenever someone hits me. (thanks dad)
 
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Sometimes hitting back isn't the best solution especially when the other guy is quite a bit bigger than you. I say move forward and hurt them by finishing what KAM started, a solid forum software. vB sales would virtually fall on its face if XenForo could get the biggest features people are asking for and have nothing to hold them back (lawsuits).
 
Sometimes hitting back isn't the best solution especially when the other guy is quite a bit bigger than you. I say move forward and hurt them by finishing what KAM started, a solid forum software. vB sales would virtually fall on its face if XenForo could get the biggest features people are asking for and have nothing to hold them back (lawsuits).

Exactly, success is the best revenge. :)
 
Hopefully the judge find IB guilty of wasting time with a frivolous suit and thus award XF their legal costs back. That would be the bullet for IB IMHO... they endup paying their and XF's legal costs for this frivolous action.

Saying that... as discussed prior, it is never that simple with legal costs. We're all going to find out soon enough with the pre-trial in a week or two, then the trial in January. All within 2 - 2 1/2 months, answers will be resolute as to a solution, or IB will get their way for continuing the nonsense...
 
Hopefully the judge find IB guilty of wasting time with a frivolous suit and thus award XF their legal costs back. That would be the bullet for IB IMHO... they endup paying their and XF's legal costs for this frivolous action.

Any judge with common sense would do that.

IB...
- wasted their money,
- wasted xenforo's money,
- wasted their time,
- wasted xenforo's time,
- wasted the time of every lawyer involved,
- wasted time of every xenforo customer,
- wasted the time of the judge
- and inflicted damage to xenforo's young community
 
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