Current Litigation

[jadmperry]

The discussion continues on vb.com in the licensed feedback section away from public view. I don't understand why IB lets it continue except to provide a sandbox for everyone or to provide fodder for their legal staff.

If the point is that the commentary helps them, it doesn't. The stuff I am pointing out is not anything that can be overcome...it is pure defect/insufficiency of their complaint. I do weigh whether my commentary could possibly hurt XF. Not that I am slanting my opinion. It is my neutral evaluation of their (weak) claims.

 

[Shelley]

I quite amazes me that people apparently feel the need to discuss matters even if Kier Darby has specifically stated to 'please refrain as far as possible from speculating upon aspects of the case that are not yet public knowledge'. Yes, it is now public knowledge, so if you take this statement literally you maybe have a point now in wanting to discuss it. But why? What good will it bring? I have read the document (and even was in doubt of doing that, because I felt like I was putting my nose in someone's private/personal (work)life) and I fail to see why such details ought to be discussed on these company forums... the company that is actually (shamefully) dragged to court. If I would be the owner of these forums and be heavily involved in such a case myself, I wouldn't want any details to be discussed either. Isn't that perfectly understandable? Why do people persist in following their own needs instead of simply respecting what has been asked? For me it's indeed what Steven S says: regardless of any information now published, it is the intention one should consider.

Why do people request permission to post 'measured insults' if they have been specifically asked NOT to, by the managing XenForo staff? (However, I very much agree with Stuarts' latest feedback in the current discussion over at vbulletin.com, I think his statement says it all). I perfectly understand that people are angry (so am I, very much) and want to vent their strong feelings/thoughts. This is natural. So is having respect for the interest of other people in this case (literally and figuratively)...

Because some people are selfish and will continue to talk when it may hurt and be used against xenforo. Some people within this thread are very much known haters of the product so it stands to reason that "some' will think it's their own little playground and feel they need to stay in some kind of loop.

Bottom line. Selfishness to satisfying their greedy nature.

 

[Floris]

We are customers who pay Shelley, and while we might be friends with Mike, Kier and Ashley, we might also have a bit of an interest as to what we do with our money, how it's spend and how this lawsuit affects that in the short and long run. How can a 3 party company fight against the giant while we're waiting for our license to hit beta3 or rc1 or gold status?

It's public now, hard to escape, learn to live with it.

If they don't want anything to be discussed, then close this thread already and move on talking about how wonderful the quick reply feature is - while secretly wondering if we will still be using it next year after just having paid for it.

I know you're all super fanboy and anything negative should be deleted and ignored and pretended to not have happened. But they're going to bed tonight feeling like utter **** because of this lawsuit, and I am going to bed tonight feeling sorry for them, and wondering how it affects my sites' future.

People will and want to talk about it. Do a zero-tolerance and remove ANY discussion - ANY - about this from this site, or accept the fact there's real life and not just 5x smilies and 5x likes and 'click - we are now bestestestest friends'

 

[Kier]

How can a 3 party company fight against the giant while we're waiting for our license to hit beta3 or rc1 or gold status?

In the only way we can - with truth and integrity.

 

[Floris]

In the only way we can - with truth and integrity.

I think you and Ashley and Mike know how much we love you as a friend, and despite our little Argh from the other day, I think it is clear that the stupidity from the IB side is like running up the Mount Everest completely naked thinking you'll make it, and I feel really bad that you guys even have to deal with this, but confident it will go well - in XenForo's favor.

I've downloaded the .pdf with the Complaint and glanced over it. It's a shame to read that they're just grasping straws and trying every angle hoping to see something will stick.

We paying customers are looking forward to a next beta and a bright future. But I think it's clear that everybody here desires to express themselves, as well as discuss points from the suit - human nature.

 

[Blandt]

I too looked at the complaint. I didn't even go past the Jurisdiction clause.

IB is desperate! Only a desperate entity that's incorporated in Delaware sue a British citizen in CA !

A Legal aid will toss this out of court. It doesn't even need an attorney !

 

[Shelley]

We are customers who pay Shelley, and while we might be friends with Mike, Kier and Ashley, we might also have a bit of an interest as to what we do with our money, how it's spend and how this lawsuit affects that in the short and long run. How can a 3 party company fight against the giant while we're waiting for our license to hit beta3 or rc1 or gold status?

Exactly what are you expecting to be answered? You know what will happen there's going to be 1 of either 2 outcomes that will happen from this so why persist in fishing further that could ultimately land the company in trouble and possibly used against them? I don't call that being a friend but this isn't about friendship, friendship is irrelevant try looking at the bigger picture rather than painting your own self portrait . We know from recent events that have transpired that your not exactly the xenforo advocate but again this has nothing to do with that either but to wait out the outcome ensuring the best possible decision that will work out for everyone favours whether you realise this or not you promote in making things more difficult both for the company and yourself.

But of course, I know you won't listen to reason which is certainly your privilege.

 

[Floris]

Oh look Shelley, we just had a few posts about the case against XenForo above your post! Quick, get it deleted!

 

[Walter]

In the only way we can - with truth and integrity.

All the best to you and the whole team.
And don't forget: it's Internet time, the word about their practises is spreading.

 

[AdamD]

I have no idea who's right and who's wrong, but I do know Kier and co have never done any harm to me, personally, nor to anyone, or any community I know of
IB on the other hand..well, quite the opposite, so I lean towards believing Kier and Co, personally

 

[MGSteve]

The discussion continues on vb.com in the licensed feedback section away from public view. I don't understand why IB lets it continue except to provide a sandbox for everyone or to provide fodder for their legal staff.

Its hardly providing fodder for their legal staff, they seem to be quite able to manufacture fodder of their own to use.

 

[Stuart Wright]

To the people expressing frustration at the continued posts in this thread:

People visit, read and post on forums for personal education but mainly for the pleasure of it.
We enjoy posting, replying to other people, seeing their replies to our posts, engaging in the conversations.
To a large degree, it doesn't matter what the subject of those conversions are or how valid the comments are.
Quite often the content of posts is hugely insignificant and factually incorrect. Often misinformation is corrected in replies. It doesn't really matter that much.

People feel strongly about the law suits and we want to express ourselves.
I really don't think that should be discouraged.
Please allow us to do that within the confines of the libel laws and the forum rules.
We are enjoying talking about it, if not enjoying the fact that it is happening.

 

[Shamil]

I wonder what happens if the ca suit wins, uk fails or visa versa?

 

[dieketzer]

fwiw, i know what it is like to have your private life exposed to all, have your motives and integrity questioned, and be the subject of public scrutiny and judgement.
i know what it is like to face goliath in court; i was drug through the legal system by the national enquirer (ironic, i know).
the upside is that i did emerge victorious.

best of luck to k&m and xenforo. you have a lot of supporters barracking for you.

 

[Blandt]

I wonder what happens if the ca suit wins, uk fails or visa versa?

No 2 separate and unrelated suits in the eyes of the law.
but Kier could base his response as California doesn't have the jurisdiction over this matter because every accused have the right to face his accuser in a reasonable way.
Traveling from the UK to California is not reasonable and his representative in CA could provide the ongoing lawsuit in the UK as proof

 

[Jamie]

IB is desperate! Only a desperate entity that's incorporated in Delaware sue a British citizen in CA !

I'm not siding with IB here, but just stating... it's not desperate for them to file in CA (odd since they have already filed in the UK) but since they are located in CA it makes sense. As far as being incorporated in Delaware, the company I founded is incorporated in Delaware even though I like in New Hampshire.

When I stared my company through research I found that the state of Delaware is more 'business friendly' with their fees, and other things that reach out to protect my business so I created my LLC there instead of NH.

IB = desperate? In my opinion. yes.. but not because of filing location or where they were incorporated.

Jmaie

 

[cmeinck]

Someone at vB put it best (and I'm parapharasing). IB negatively affected my business with the release of vB and now they are negatively affecting my business by filing lawsuits against the proprietors of XF, possibly delaying future beta and gold releases.

Best of luck to the boys of XF.

 

[Floris]

In my opinion it appears the only thing IB has as to filing in the CA, USA is because they claim the whois records are pointing to a CA, USA address. Which since it's set by whoisguard has nothing to do with does,kier,xenforo and just laughable.

 

[Blandt]

I'm not siding with IB here, but just stating... it's not desperate for them to file in CA (odd since they have already filed in the UK) but since they are located in CA it makes sense.

Jmaie

Unless kier is a legal resident of CA this lawsuit doesn't make any sense at all. You sue where the respondent reside

 

[Jamie]

No, you sue where your contract says. Look over your terms for most any contract or license and you will see that most of them will define what the jurisdiction is.

If you were a customer of mine and we had issues we would settle them in the courts of Manchester, NH. I run an answering service and have clients all across the states and four in other countries. The terms they signed with me clearly state the venue for problems and legal issues is in NH. It doesn't matter where they live.

Now, I don't know what terms or documents Kier and crew signed or what it said, but there could be a clause in it that defines that the Plaintiff gets to choose the venue of this issue. We honestly don't know and without knowing neither of us can say whether the venue makes sense or not.

All of that was more than I wanted to get into, my point in the OP was to point out that being incorporated in Delaware isn't an odd thing.

Jamie