Current Litigation

[Shamil]

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

True

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

Except as far as I can see, the documentation/contract doesn't say where it should or could be challenged. I'd stick to the residing jurisdiction of the defendant.

 

[AnthonyCea]

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.

 

[ManagerJosh]

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.

I'm worried a bit on the jury side. Juries generally are not too technical, and may see things more black and white than it should be.

 

[AnthonyCea]

At the same time they have to weigh evidence just as a judge would.

 

[Apokalupsis]

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.

You aren't the only one in this thread who has made such a statement (or one similar to it). How can posts made by customers be an asset to any legal team on either side?

 

[Caleb Spilchen]

I'm not sure exactly of this form of legal case.

I know in a trial in Canada, {I would assume Criminal} that if you are 18+ you can be called, and through a process, to be a part of the jury. How exactly do they pick a jury for cases like this, in America. Also, I'm confused at how they have two lawsuits.

Caleb

 

[steven s]

You aren't the only one in this thread who has made such a statement (or one similar to it). How can posts made by customers be an asset to any legal team on either side?

They shouldn't be. But who knows what a lawyer would read, interpret and run with?
The longer it drags on the more expensive it gets.

 

[Stuart Wright]

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.

That was me and it's absolutely true. Seven people work full time on AVForums, and the age of 3.8 and the inevitable development delays in the production of xF features are both negatively affecting our business.

 

[descaro]

Best of luck XF

 

[ManagerJosh]

At the same time they have to weigh evidence just as a judge would.

Very true! However, since this is also a civil trial, we're talking only a majority versus a criminal trial, where you need a unanimous vote. Especially considering that you do not need to go beyond a reasonable doubt. You can still have some doubt.

 

[Jamie]

Best of luck XF

View attachment 5531

I'd rather think of it this way...

Jamie

 

[Pope Viper]

Could someone kindly PM me where I might see this PDF so I can educate myself?

 

[Apokalupsis]

Could someone kindly PM me where I might see this PDF so I can educate myself?

Details can be found by seeing post #18. You'll have to register with PACER though.

 

[dutchbb]

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.

What I would like to know here (from someone who actually knows what they're talking about) is how long IB/vBS can prolong this case / start new ones, if they fail at the first attempts / are rejected for example. Because that seems to be the main reason why they do it and it's probably an important factor in the whole thing.

 

[jadmperry]

Cases that go to trial can last a long time. You really have to look at the complexity of the case, the parties and issues involved and the local docket to have a better feel. Remember, too, it is extremely rare for a case to go to trial. Most often, cases are settled or disposed of by a motion of the party. Average time in the Fed. Judiciary is 8.9 months for filing until disposition based on the last data available. For trials, though, in the US Dist Ct for Central District of California, median time for jury trials was 22 months. http://www.uscourts.gov/uscourts/Statistics/JudicialBusiness/2009/JudicialBusinespdfversion.pdf

 

[AnthonyCea]

What I would like to know here (from someone who actually knows what they're talking about) is how long IB/vBS can prolong this case / start new ones, if they fail at the first attempts / are rejected for example. Because that seems to be the main reason why they do it and it's probably an important factor in the whole thing.

Realize that Xenforo has recourse in the form of counter lawsuits against IB for malicious interference in their business if their claims are proved unfounded and can win large damages against IB in the process.

 

[anotheralias]

I was under the impression that a defendant isn't required to have a jury trial - they can ask for a bench trial? (I think that's the term.) Where the judge alone decides? Is that true, or did I get hold of some myth with that?

 

[AnthonyCea]

Laws are different from state to state in the USA, so you would have to wait until Michael one of our lawyer members posts to get more data.

 

[HannahP]

I'm worried a bit on the jury side. Juries generally are not too technical, and may see things more black and white than it should be.

IBs demand (which is really only a request) for a jury trial only demonstrates their contempt for most people. They assume (rightly) that if the case is ruled on by the judge without a jury trial (which could still happen), they will lose. They also assume (wrongly) that jury = stupid, and all they have to do is throw some lawyers in expensive suits in front of them, confound the yokels and chalk up a win. Even after reading the complaint I still don't think this will ever get to a California jury, so it's probably a moot point.

The case is going to hinge on the "trade secrets," and one can only speculate what they intend to define as a "secret" (I wasn't aware of any secrets in php or javascript). But whatever they present as their "secrets," the case is simply a power play, and it will fail. They know it will fail. They cannot expect to win. What they expected to do was win by intimidation - expecting X(F)L to fold in terror the moment they were served with legal papers. That didn't happen, so in that respect, they have already lost.

 

[AmericanForum.com]

Realize that Xenforo has recourse in the form of counter lawsuits against IB for malicious interference in their business if their claims are proved unfounded and can win large damages against IB in the process.

This could be a dream case for a law firm looking for punitive damages.