California Case Update

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There is a plus side to all this.

If XenForo win's, they will no doubt be able to make a LOT of money off of IB.

That's a big maybe if they shielded them self's from liability and made sure there no assets in that company you will reach a dead-end, because it's not IB them self's that is suing. That's one part of this the second part is Xenforo it self look how the community is divided you have three camps the people that believe in Xenforo, the once that left Xenforo and the group that is watching what will happen. Sad but true this is a problem Xenforo created them self's IB played well in it by dragging there feet, Xenforo should have commented long ago and keep informing people monthly. How this is going now it seems to me that the owners of Xenforo don't even care what will happen to the company, again this is not IB fault.

You can translate everything to money but not everything you claim will be granted the people that have experience in these matters can answer this what will be granted and what not. What i have seen in the files lawyer costs can be claimed back because in the files there was a line the reserved that they could.
 
I am confident I have seen a statement earlier that KAM do not intend to pursue damages (sorry no ref.), but I am sure they will recover costs.

How this is going now it seems to me that the owners of Xenforo don't even care what will happen to the company, again this is not IB fault.

Very peculiar comment. If they don't care about the company they could have dropped it long ago and saved themselves the huge stress of the court case. If they'd closed XF IB would have got what they wanted and dropped it as well. Just in case they did not filing for bankruptcy on the lower level would not have been a lengthy or large inconvenience; IB could not go on to get any money from a bankruptcy.

If they don't care about the company it's very peculiar indeed that Kier is popping in to help on this thread by giving corrected information.

Yes I too would have liked it if we could have had a monthly bulletin. But it's not the end of the world we don't get one. The script works magnificently, I have three sites operating easily and richly using it. I get fast well targeted XF support whenever I need it. Nothing to complain about - oh except drama queens throwing gossip around wasting everyone's time with hissy fits. But as I don't watch TV I guess that's just soap opera fluff.
 
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I am confident I have seen a statement earlier that KAM do not intend to pursue damages (sorry no ref.), but I am sure they will recover costs.



Very peculiar comment. If they don't care about the company they could have dropped it long ago and saved themselves the huge stress of the court case. If they'd closed XF IB would have got what they wanted and dropped it as well. Just in case they did not filing for bankruptcy on the lower level would not have been a lengthy or large inconvenience; IB could not go on to get any money from a bankruptcy.

If they don't care about the company it's very peculiar indeed that Kier is popping in to help on this thread by giving corrected information.

Yes I too would have liked it if we could have had a monthly bulletin. But it's not the end of the world we don't get one. The script works magnificently, I have three sites operating easily and richly using it. I get fast well targeted XF support whenever I need it. Nothing to complain about - oh except drama queens throwing gossip around wasting everyone's time with hissy fits. But as I don't watch TV I guess that's just soap opera fluff.

Well, clearly, Mike and Ashley wanted to settle while Mr. Darby didnt want to. And, that's why things are the way they are right now.
 
I am confident I have seen a statement earlier that KAM do not intend to pursue damages (sorry no ref.), but I am sure they will recover costs.



Very peculiar comment. If they don't care about the company they could have dropped it long ago and saved themselves the huge stress of the court case. If they'd closed XF IB would have got what they wanted and dropped it as well. Just in case they did not filing for bankruptcy on the lower level would not have been a lengthy or large inconvenience; IB could not go on to get any money from a bankruptcy.

If they don't care about the company it's very peculiar indeed that Kier is popping in to help on this thread by giving corrected information.

Yes I too would have liked it if we could have had a monthly bulletin. But it's not the end of the world we don't get one. The script works magnificently, I have three sites operating easily and richly using it. I get fast well targeted XF support whenever I need it. Nothing to complain about - oh except drama queens throwing gossip around wasting everyone's time with hissy fits. But as I don't watch TV I guess that's just soap opera fluff.

Well that is why i say it seems that they do not care about the company, but on the other hand Kier is posting here should be easy to give a update what is happening with the company in the announcement forum. Even if they where to drop Xenforo that would only mean the case against Xenforo would be gone but not against the owners, even if you settle it can cost you a lot of money.
A monthly bulletin would have saved a lot of speculation and so on and from a PR standpoint it would have been the best thing to do, inform people educate them and they understand more then leaving them in the dark.

The software that they made is good it works but development stopped 8 months or so ago and if its true that they are continuing after the case in the US that would mean 1 year that there was no development in the software or new progress, a year of no development is a very long time in Internet terms. Also people are leaving the Xenforo platform or considering other options that in it self is not good at all and it could have been avoided by Xenforo. While IB have done much against the company Xenforo is to blame how the ethos is on this forum. Many months ago i said this before they should have gone with some one for PR then much could be avoided and sorry to say development should not be on hold, it should have continued on a small scale like a few bug fixes and then release. Xenforo is lucky that they have many loyal customers any other company would have damaged them self's beyond any help.

How it is now IB is tearing down Xenforo but Xenforo is doing the same from the inside out. Xenforo can still recover from all this because like i said Loyal Customers but then they need to take drastic steps to alter the course they are taking at the moment. But they also need some one that is not involved in the case and put everything back on track that will look what needs to be done and make it happen one way or the other.
 
Which threads?
basics-types-of-sewing-threads.jpg
 
It was the whole lawsuit thing that sent me here, from a thread on vb, not a devious plot by kam to solicit customers from some alleged stolen customer list, as IB is claiming in legal briefs.
The horrible introduction of VB4 and its overall price gouging/licence agreements, numerous bugs and issues made me forget about vbulletin and live on vb3 until I could be persuaded to try something else. Xenforo appeared. I was persuaded. Someone needs to draft a list of long time ex-users of vb and reasons why IB are complete fail and drove that place into the ground and I'll add my name to it.
 
Xenforo is to blame how the ethos is on this forum. ...

IT has rather more to do with people who post a lot of hot air hissy fits and keep demanding more information when there is none to give.
The statement we have is that development is on hold due to the court case.
That hasn't changed so there is no real need to post another announcement.

I did at one point suggest the same annoucement be posted up weekly prefqaced by the words "No change"
But really I see their point. They expect us to be grown ups not demanding toddlers asking for more instant more when there is none in the cupboard.

Xenforo can still recover from all this because like i said Loyal Customers ....

There wouldn't BE any loyal customers if XF wasn't superb code, superb design.
Since XF IS superb code, superb design, there are not only loyal customers, but three or four times as many waiting renew as soon as the court case is over. PLUS about ten times as many again who will crowd over here as soon as they hear of it to get their first licence.

If content is king code is queen.
 
I'm not quitting XF even if the world ends. Why don't we get this thread closed for the time being and open it on 5th November morning?

Unfortunately the hissy fits would just open another thread.
Then the mods would look heavy handed for continually closing down the drama queen hissy fits toddler tantrums -wanna wanna wanna announcement wanna new XF wanna wanna XF dead wanna gossip wanna fiss fuss wanna ask questions bin answered before many times wanna get in with the action wanna wanna wanna wanna whinge .... mama i'm bored so I gonna post rubbish on XF.
 
Think it was on this site that this was said but it never was confirmed or denied by Xenforo.

It is not that uncommon in a civil suit that one side or the other makes a settlement request. That way you can see what the other is after, and if the settlement is unreasonable, that can look bad.
 
PACER Update for 10/29/2012

Docket Text said:
OPPOSITION in opposition to re: MOTION to Strike Answers Answer to Complaint 104 Plaintiff's Notice of Motion and Motion for a Court Order Striking the Answers of Defendants Darby and Xenforo Limited and Entering a Default Judgment Against Them as a Sanction, or in the Alte MOTION to Strike Answers Answer to Complaint 104 Plaintiff's Notice of Motion and Motion for a Court Order Striking the Answers of Defendants Darby and Xenforo Limited and Entering a Default Judgment Against Them as a Sanction, or in the Alte MOTION to Strike Answers Answer to Complaint 104 Plaintiff's Notice of Motion and Motion for a Court Order Striking the Answers of Defendants Darby and Xenforo Limited and Entering a Default Judgment Against Them as a Sanction, or in the Alte MOTION to Strike Answers Answer to Complaint 104 Plaintiff's Notice of Motion and Motion for a Court Order Striking the Answers of Defendants Darby and Xenforo Limited and Entering a Default Judgment Against Them as a Sanction, or in the Alte 133 filed by Defendants Kier Darby, Xenforo Limited. (Attachments: # 1 Declaration Deitchle Decl.)(Deitchle, Pamela)

Documents in this pack:

135 - Objection/Opposition (Motion related)
135-1 - Declaration

[Requested to be merged....]
 

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