Class Action?

[jadmperry]

Well a member on my forum sent me a link, and I must say the charges being levied are serious, but I think that IB will have a hard time proving the allegations in court, and that is what is needed to win a lawsuit, proof.

Also, to win, you need a complaint that alleges jurisdiction correctly and will survive a motion to dismiss for lack of subject matter jurisdiction. Other than that, IB looks to have a strong case (sarcasm).

 

[tickedon]

Well it's probably a lot harder to get a Class Action suit going in the UK, than the USA, but I am sure it is possible, and it certainly wouldn't have to be only UK license holders I wouldn't have thought.

Class Action suits don't really exist in the UK, certainly not in the way they do in the USA. There have been discussions about them and a few attempts to achieve similar outcomes (e.g. Which v JJB case) but if you want a Class Action, you'd be better sticking to the USA

 

[Dragapult]

I'd join a class action. They killed my business with the 4.0 disaster to the tune of $1000's a month. A large class action with a huge damages demand is what is in order.

Just curious as to how it actually ruined your business?

 

[jonsidneyb]

would opening vbulletinsux.com by the right place to have a forum for a class action suit?

 

[Blandt]

would opening vbulletinsux.com by the right place to have a forum for a class action suit?

I have registered vbullies.com back when we heard about the first lawsuit we could make it into a nice page for that purpose.... indeed they are bulling us customers !

 

[ManagerJosh]

I have registered vbullies.com back when we heard about the first lawsuit we could make it into a nice page for that purpose.... indeed they are bulling us customers !

Just throwing this out there, but wouldn't it be better to consolidate all our efforts into a small group of sites? We seemed to be so scattered. At one point we had vbflames.com, vbull.net, vbtruth.com, antivb.com, now vbullies.com. Add to the equation defendxenforo.org

By in large, we seemed to be unorganized and and it is counter-productive.

 

[jonsidneyb]

I think for a class action suit you need a forum. I wonder however. A class action suit is going on the offense. Defendxenforo is in defense of XenForo and I thought should stay in defense of XenForo. A class action suit against IB would have nothing to do with other forum software so I think it should be a site devoted to problems with vB.

 

[Blandt]

Just throwing this out there, but wouldn't it be better to consolidate all our efforts into a small group of sites? We seemed to be so scattered. At one point we had vbflames.com, vbtruth.com, antivb.com, now vbullies.com. Add to the equation defendxenforo.org

By in large, we seemed to be unorganized and and it is counter-productive.

Yes we must consolidate
but defendxenforo.com plays one thing which is to defend xenforo's right to exist and us users to use it.
Another site ..vbflames, vbtruth ... or even vbullies is for us frustrated vb customers who are getting together to demand our rights as customers and IB must fulfill its agreement with us ----> class action

2 different sites for 2 different things.

I am not against vbulletin. but i am against a bully who dictates to me what I can and can't use for my sites

 

[ManagerJosh]

Yes we must consolidate
but defendxenforo.com plays one thing which is to defend xenforo's right to exist and us users to use it.
Another site ..vbflames, vbtruth ... or even vbullies is for us frustrated vb customers who are getting together to demand our rights as customers and IB must fulfill its agreement with us ----> class action

2 different sites for 2 different things.

I am not against vbulletin. but i am against a bully who dictates to me what I can and can't use for my sites

In the interest of fair disclosure, I do host vbtruth.com.

Disclosures aside, I think vbtruth by in large has probably been on top of everything. Plus they seemed to have played their hand extremely well and they continue to be on Internet Brands case, kinda like a thorn in their side. Add to the fact they also have Google News exposure, I think if we would get some exposure to if it came down to it.

But would that exposure play against us?

 

[Floris]

I dunno managerjosh, discuss it on your site This thread is about the case against xenforo, not a vB hate site (or whatever it is)

 

[Blandt]

In the interest of fair disclosure, I do host vbtruth.com.

Disclosures aside, I think vbtruth by in large has probably been on top of everything. Plus they seemed to have played their hand extremely well and they continue to be on Internet Brands case, kinda like a thorn in their side. Add to the fact they also have Google News exposure, I think if we would get some exposure to if it came down to it.

But would that exposure play against us?

vbtruth it is then once the word is out .. the word is out it doesn't matter which site
Alright then since you host the site get the ball rolling .... I just need to get the exact dates .. prices and what went wrong so we can draft something

 

[Mr_Bob]

If you guys want to create a class action I'll join up. However, there are a few provision in the VB License Agreement which, as far as software quality and bussiness issues are concerned, seem to release them from liability. Specifically:

9. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VBULLETIN SOLUTIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE AND ANY RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. VBULLETIN SOLUTIONS DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES IT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE THROUGH THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS

11. Indemnification
You agree to defend, indemnify and hold vBulletin Solutions, Internet Brands, and our officers, directors, employees, agents or affiliates, harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your use of the Software or your vBulletin forum users' use of the Software, laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right or invasion of any privacy rights. This obligation will survive the termination of this Agreement.

Sorry for the caps in the first; it was a direct quote from the vb license agreement. Not sure about point 11, but I know point 9 was in the license agreement dating back to the VB 3 series. Basically, find a lawyer to find a loophole around those two and we're gold (no pun intended ).

 

[Floris]

well, it kinda says right there "arising from YOUR use of the software" .. doesn't say anything about not holding them responsible for what THEY do or haven't done to their business, or their business practices, or whatever you guys feel you're making a class action suit for.

 

[Blandt]

Your point is well taken Mr_Bob however IB breached its agreement with us.
when we bought vb3 the agreement was you pay $80 to renew and receive upgrades ... then 4.0 comes out and that agreement went to hell. now we must pay $180 to renew ...etc ... (now this is my simple terms in explaining our cause)
The power of class action lawsuit is in its number of people. say 1000 person join up ... that's a hell of a number that got ripped off

 

[AnthonyCea]

Floris, if the mod's want to split the thread off to cover possible class action against IB they can.

The class action major claim would be the fact that Jelsoft is not honoring the original agreement of the "lifetime license" that both parties accepted upon the sale of the software, and the stipulation that Jelsoft for a yearly fee would give us the latest updates for our scripts.

 

[Floris]

Floris, if the mod's want to split the thread off to cover possible class action against IB they can.

The class action major claim would be the fact that Jelsoft is not honoring the original agreement of the "lifetime license" that both parties accepted upon the sale of the software, and the stipulation that Jelsoft for a yearly fee would give us the latest updates for our scripts.

Yeah, but that discussion is old and went over vbcom forums for the last 12 months, and nobody actually done anything. And the mods are just lazy as they should split it off.

I don't give a fudge about a class action suit against vB, and it's got nothing to do with this thread except for "feeding the revenge bone"

- in my opinion at least.

 

[Blandt]

Yeah, but that discussion is old and went over vbcom forums for the last 12 months, and nobody actually done anything. And the mods are just lazy as they should split it off.

I don't give a fudge about a class action suit against vB, and it's got nothing to do with this thread except for "feeding the revenge bone"

- in my opinion at least.

I put my money where my mouth is if there is a way and my attorney is willing to give it a shot ... you bet I'm going ahead with this

 

[AnthonyCea]

You have a point Floris, if the mod's split if off no one will *****.

 

[jonsidneyb]

I am pretty sure vB.com lets certain things be talked about over there because it is not public. I think they prefer things to be over there as it is not seen by potential new customers.

 

[jonsidneyb]

In the interest of fair disclosure, I do host vbtruth.com.

Disclosures aside, I think vbtruth by in large has probably been on top of everything. Plus they seemed to have played their hand extremely well and they continue to be on Internet Brands case, kinda like a thorn in their side. Add to the fact they also have Google News exposure, I think if we would get some exposure to if it came down to it.

But would that exposure play against us?

Can you add a forum to vBTruth?