Current Litigation

I'm not telling anyone else what to do. But there seem to be plenty of people here with legal experience that aren't losing one second of sleep, worried about whether their XenForo license will be affected by this case. If anything, it's allowed me more sleep hours since I don't have to waste hours fixing junk with each point release. I can't wait to release my foros.
 
ManagerJosh said:
Using a Foreign processor like moneybookers: While on our statements it will show moneybookers, US generally have to report where the money is going. It's required by the IRS. Any money that simply vanishes is not good and no company that has to do SOX compliance would ever allow that to happen. Even if we were to use a credit card, sooner or later VISA, Mastercard, American Express and Discover will realize they are funneling money against a court order to xenForo. A simple running of several dummy accounts would help them figure out where the money trail is and they would require those processors like Moneybookers to cease transactions with xenForo.
Click to expand...

Thank you for explaining this.
 
TheLaw said:
I'm not telling anyone else what to do. But there seem to be plenty of people here with legal experience that aren't losing one second of sleep, worried about whether their XenForo license will be affected by this case. If anything, it's allowed me more sleep hours since I don't have to waste hours fixing junk with each point release. I can't wait to release my foros.
Click to expand...

Pretty much summed it up!

There are some "interesting" discussions about enforcement of US judgments or consequences of a loss and Copyright issues. I understand the desire to discuss, but most of the discussions miss how things actually work.

I started to reply once or twice and was stymied by some of the faulty underlying assumptions. This is not to criticize people for discussing, I support discussion. But, many of the questions/issues were framed in ways that either would not occur or missed how a court might actually address some of the issues. I don't want to say that I gave up (okay, I did). It is very hard to try to explain how some hypothetical situations might work out when the underlying assumptions are starting from a situation that would not occur (not to go down this road too far, but in the interest of explaining, I think people worrying about a US District court directly ordering a payment processor to not take transactions is an unlikely situation. The court would likely just address the actions of the parties and issue orders directed at the parties and not make some difficult/impossible to enforce rulings...the court, if it felt the need to take action, would likely have better enforcement mechanisms against the parties directly...it could do this with sanctions/power of contempt/orders relating to the parties money).

Bottom line, regardless of the decision to deny (not dismiss) the motions to dismiss, I would say that Paul M. is much more likely to win the lottery tonight than IB is to prevail.

As my colleague put it so well, no one should lose sleep on how this plays out.
 
Couldn't find a perfect place to put this and I didn't want to start a new thread.

This is post I made at VB.com in a discussion about the new "VerticalResponse" feature in 4.1.2

So, why does the VerticalResponse only offer us the pay-as-you-go and not the monthly subscription plan? They offer the monthly to anyone who asks for it, why would we be different?

The only explanation I can think of is that it's precluded by their financial arrangement with VBS. I'm left to assume that besides a bounty, they will be getting an on-going percentage of all email business. So we get VerticalResponse and the iPhone App. And more to come.

When you think about IB's business model, it all starts to make sense. Buy a business and monetize it in any way possible. Now, let me say, I don't have any problem with the idea. After all, you can't sell something people don't buy. They have to build in a reasonable value. Or do they; Short-term they have a captive market, just like IB has when they buy a large forum. And a lot of big forum customers who will never switch. Unless some slick new upstart comes along that threatens that base.

Don't expect any more than the bare minimum of what they have to do on the forum software we have loved for so long. We should recognize the pattern by now; incremental improvements, vague promises, buzz-words and a complete lack of any real creativity. And every once a awhile they'll put a gun to our head for another "upgrade".

Well, it all seems to fit. What do you guys think? Reasonable, or am I just out to lunch?
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They may not....the judge stated "The Court DENIES each of the above-listed motions, for reasons
as stated on the record."
"On the record" means what was stated in court. There may not be a memorandum or further order.
 
jadmperry said:
They may not....the judge stated "The Court DENIES each of the above-listed motions, for reasons
as stated on the record."
"On the record" means what was stated in court. There may not be a memorandum or further order.
Click to expand...

CM/ECF shows something else as filed, just not entered onto PACER. I assume it is the minutes/memorandum etc.

EDIT: I've updated the post to say 'may'. I am not sure on the document filing.
 
It may be an explanation. It could be the transcript of the hearing (the record). Or it could be the plaintiff's proposed order that the court directed them to file in the court's order. So....
It could be something, or....yeah, I know, not very helpful...it could be nothing.
 
jadmperry said:
It may be an explanation. It could be the transcript of the hearing (the record). Or it could be the plaintiff's proposed order that the court directed them to file in the court's order. So....
It could be something, or....yeah, I know, not very helpful...it could be nothing.
Click to expand...
I hope it's the former, not the latter :)
 

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