California Case Update

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I just hope this will be sorted soon, i want to get rid of my IPB as soon as possible
<offtopic>For me, an absolute mispurchase</offtopic>
 
Morgain said:
I agree that a summary judgement Jan 7 is very unlikely and not really desirable.
But you don't back your strange claim for such a long schedule with any reasoning or evidence. Against that I have seen plenty of reasoning by others who know legal stuff to indicate a trial in Feb, early March latest.

Court date will be set Feb 7 (think I got the day right)
Submissions have been done so it's just a matter of booking the court date and collecting a jury. Shouldnt take more than a month tops. (Which has already been stated by our legal folk - several times.)
Length of trial is always flexible and IB will try to drag of course. But really there's not much to it. The judge has had plenty of time to absorb the brief due to an extra unnecessary year of delay. He will be able to direct the court to the main points, and cut off unnecessary IB waffle and tantrums. Hopefully a day or two,
a couple of weeks if unlucky.

Fred this isn't just aimed at you. On the home stretch now tension is going to rise.

Please try to remember that every time you throw out doom and gloom you are causing distress to real people here.
Unless there is real hard evidence for negative statements the most powerful way WE can HELP the case Is to keep up morale, stay cheerful, and help everyone else to.
If there is real hard evidence for negative statements then it should be stated. Mere hints and opinions are being destructive and working against XF.
Unsupported negative statements are NOT useful.

I can accept chirpy little cheerful statements without evidence as well meant, and helping reduce gloom, they certainly do no harm. But downer statements with no evidence, no facts, no reasoning, are just useless yuck that help no one.
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What happens after Feb 7th, isn't an event; its the beginning of a process which won't start for several weeks, if not months after Feb 7th. So yes, I really do think this won't be fully resolved until sometime in August. I think we're likely to see a number of procedural delays during the actual trial itself, to be frank. It doesn't matter what the judge does or does not know. The jury doesn't know a damned thing and there is plenty to inform them of and teach them about just to be able to absorb and understand. Its not going to be a day or two.
 
Fred Sherman said:
What happens after Feb 7th, isn't an event; its the beginning of a process which won't start for several weeks, if not months after Feb 7th. So yes, I really do think this won't be fully resolved until sometime in August. I think we're likely to see a number of procedural delays during the actual trial itself, to be frank. It doesn't matter what the judge does or does not know. The jury doesn't know a damned thing and there is plenty to inform them of and teach them about just to be able to absorb and understand. Its not going to be a day or two.
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I have been informed that all things going as planned they expect the trial to start by the end of February.
 
Shamil said:
"Right now, sort of the state of the art that you can find anywhere is something called CSS, which I think stands for Cascading Style Sheets, which were an innovation in their own time. It eventually became standardized. It's the way that you go in and get your system to look like the way you want it to look.
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I agree with Stuart. If the guy doesn't even know what CSS stands for, he is hardly an expert.

He instantly after admits it became standardized. Meaning that well, it's not exactly something one would have to take classes for.

IB should maybe spend money ensuring they have some decent coders, rather than pissing it away by hiring hack-job "experts" who have no clue.
 
Slavik said:
I have been informed that all things going as planned they expect the trial to start by the end of February.
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I know it's a case of "how long is a piece of string", but is there any best guesses as to how long the trial will last for?
 
Fred Sherman said:
What happens after Feb 7th, isn't an event; its the beginning of a process which won't start for several weeks, if not months after Feb 7th. So yes, I really do think this won't be fully resolved until sometime in August. I think we're likely to see a number of procedural delays during the actual trial itself, to be frank. It doesn't matter what the judge does or does not know. The jury doesn't know a damned thing and there is plenty to inform them of and teach them about just to be able to absorb and understand. Its not going to be a day or two.
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Thanks Fred that's much better. Seeing your reasoning makes it understandable what you're saying.
However I have seen several posts here from those that know more that the judge will not set the date very long after Feb 7. Quite recent ones in the last week. I got the impression it was a February/ early March date expected.

On the trial itself you have a good point that the jury will come to it blank.
But what is allowed to be laid before them will be set by the judge. It will not be permitted to ramble about. Some will very likely be cut out completely by decisions on Jan 7.
The judge will have a fairly good idea in advance what needs to be said and decided and he will steer it accordingly. In a way a trial is like a piece of theatre with a script, and fairly predictable performance. It just has to be acted out as a kind of showpiece.
 
SchmitzIT said:
I agree with Stuart. If the guy doesn't even know what CSS stands for, he is hardly an expert.

He instantly after admits it became standardized. Meaning that well, it's not exactly something one would have to take classes for.

IB should maybe spend money ensuring they have some decent coders, rather than pissing it away by hiring hack-job "experts" who have no clue.
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Jadmperry could clear this up, but if I recall correctly, for one to be considered an expert witness, one needs to know just a little bit more than the general population :)
 
ManagerJosh said:
Jadmperry could clear this up, but if I recall correctly, for one to be considered an expert witness, one needs to know just a little bit more than the general population :)
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Serious so i can call myself an expert just like the one from IB did and i probably now more then him.
 
It is relatively easy to be qualified as an "expert." (There are a few things that follow from being found an expert, probably the most important is that they are allowed to give opinion evidence. Lay or "non-expert" witnesses are generally going to be limited to testifying about those things that are in their personal knowledge/things they have observed).

However, just because someone may be an expert, that does not mean they get to say anything they like to the jury. In one of the most recent filings XF argued well, I think, that some of the testimony proffered is not helpful to the jury- and should be excluded. (If folks are interested, they should look up the Daubert case on the judge's roles as a gatekeeper, i.e., determining what the jury can and cannot hear from experts).

From my initial look, seems to me that XF has raised some good objections to the experts's testimony being admitted. Mainly to do with what I mentioned above- that it is not helpful to the jury. But, also, on some procedural points, like disclosures not being made in a timely manner under the FRCP.
 
Morgain said:
Thanks Fred that's much better. Seeing your reasoning makes it understandable what you're saying.
However I have seen several posts here from those that know more that the judge will not set the date very long after Feb 7. Quite recent ones in the last week. I got the impression it was a February/ early March date expected.

On the trial itself you have a good point that the jury will come to it blank.
But what is allowed to be laid before them will be set by the judge. It will not be permitted to ramble about. Some will very likely be cut out completely by decisions on Jan 7.
The judge will have a fairly good idea in advance what needs to be said and decided and he will steer it accordingly. In a way a trial is like a piece of theatre with a script, and fairly predictable performance. It just has to be acted out as a kind of showpiece.
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I'm going to be very careful what I say...
As a hypothetical exercise, one cannot assume a judge will always act with common sense. There are judges with histories of erractic behavior, poor judgement and a high rate of having decisions overturned. Its always best to google any judge to see how he measures up to those criteria
 
Spend most of yesterday eating while reading 175 in more depth. I happened to see this footnote and I laughed (page 3, footnote 5) :p


In this proceeding, B. Lynn Walsh has held herself out as the “General Counsel” for Internet
Brands, Inc., the parent company of Plaintiff vBulletin Solutions, Inc. (See Doc. No. 24-2;
Deitchle Decl., Exhs. 4 & 5). Ms. Walsh, however, has not been admitted to the California State
Bar and has not been authorized to practice in California as a “Registered In House Counsel.”
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Can we say... fail? :D :D :D
 
Also, just FYI:

The seven winners for the Entrepreneur Of The Year 2012 Greater Los Angeles Award are:
  • Jeffrey Clark, President & CEO, Anthony International
  • David Overton, Chairman & CEO, The Cheesecake Factory Incorporated
  • Jon Kirchner, Chairman & CEO, DTS, Inc.
  • Simon Bax, CEO, and Bill Tillson, President & COO, Encompass Digital Media, Inc.
  • Sunnie Kim, President & CEO, Hana Financial, Inc.
  • Bob Brisco, CEO & Director, Internet Brands
  • Peter Dameris, President & CEO, On Assignment, Inc.
 
Shamil said:
We've been through this, or well I did at least, early on.

http://vbtruth.com/dear-ms-b-lynn-walsh-we-must-not-tell-lies/413/
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I know but to stay sane and not think about how ridiculously stupid this whole case is in the first place with it's menagerie of ridiculously and equally stupid misplaced accusations, I tend to tuck things away in a far off backroom in my brain...a side effect is without a major cue such as yours...hardly a chance of remembering anything at all...in fact I don't remember it still...but I believe you. <!--checks link-->yeah I do remember this ....


I care about the overall outcome of course...but just following all of the documentation over all of this time and trying to make plain English of it and observing all of the negative energy that arrived because of this case directly or indirectly makes me shut it off sometimes if you can understand that.


Shamil said:
Also, just FYI:

The seven winners for the Entrepreneur Of The Year 2012 Greater Los Angeles Award are:
  • Jeffrey Clark, President & CEO, Anthony International
  • David Overton, Chairman & CEO, The Cheesecake Factory Incorporated
  • Jon Kirchner, Chairman & CEO, DTS, Inc.
  • Simon Bax, CEO, and Bill Tillson, President & COO, Encompass Digital Media, Inc.
  • Sunnie Kim, President & CEO, Hana Financial, Inc.
  • Bob Brisco, CEO & Director, Internet Brands
  • Peter Dameris, President & CEO, On Assignment, Inc.
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EQnoble said:
I know but to stay sane and not think about how ridiculously stupid this whole case is in the first place with it's menagerie of ridiculously and equally stupid misplaced accusations, I tend to tuck things away in a far off backroom in my brain...a side effect is without a major cue such as yours...hardly a chance of remembering anything at all...in fact I don't remember it still...but I believe you. <!--checks link-->yeah I do remember this ....


I care about the overall outcome of course...but just following all of the documentation over all of this time and trying to make plain English of it and observing all of the negative energy that arrived because of this case directly or indirectly makes me shut it off sometimes if you can understand that.



To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.
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Try being a lawyer handling multiple cases :D
 
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Expert: Right now, sort of the state of the art that you can find anywhere is something called CSS, which I think stands for Cascading Style Sheets, which were an innovation in their own time.
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3scm7o.webp


Screen-shot-2012-12-10-at-6.31.webp
 
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