Current Litigation

[Floris]

The Judge told you why, he wants to see XF respond to the complaint !!

That is very reasonable. Though one could argue that the request to dismissal should have him think 'well, there's not much to respond to .. nonsense that our justice system is being used for this'.

At least NOW ib HAS TO provide evidence to their claims to show there's a case. I can't wait for them to show the registered trademarks and patents to the industry standards.

 

[Peggy]

The Judge told you why, he wants to see XF respond to the complaint !!

They already responded! They provided a whole slew of very valid reasons, and the evidence to back them up, as to why the California court doesn't (or shouldn't) have jurisdiction over this case.
What more response do they need?

 

[AnthonyCea]

This is a US Federal Court with jurisdiction over copyright violations, the case was brought by a US company based in California, that should tell you why.

 

[Floris]

This is a US Federal Court with jurisdiction over copyright violations, the case was brought by a US company based in California, that should tell you why.

And not doing commercial business in California - or the country - or not even being employed by Internet Brands is a reason to continue there, when a UK case was filed PRIOR to the ca/usa one? I don't know why this Judge desires to support bullying corporations, rather than telling them to pick a country and stick to it and not disrespect him with vague claims and no submitted evidence.

 

[Fred Sherman]

In deference to our British friends and the court which should rightly decide this matter, I say...

Bloody hell! The other decisions are a bit dodgy, but #3 is completely half-arsed. Don't you wish you could tell the sodding ****er to bugger off and let the UK decide the matter between what was a UK company and UK citizens? Letting a dozy US judge with a history of barmy rulings decide this is a huge cock-up.

I'd post the Texas translation of what I think I've said, but it would never mae it past the censorship filters.

 

[Floris]

And that all said, I am not an attorney, nor a judge, nor US or UK citizen or doing business in there .. so all I have is my opinion

 

[CTXMedia]

I'd love to see the judge's maths if he thinks there's no difference between hearing this in the US or the UK. Maybe he should fly over to the UK at his own cost to decide the matter ... I reckon that might help persuade him!!!!

 

[gfc]

And not doing commercial business in California - or the country - or not even being employed by Internet Brands is a reason to continue there, when a UK case was filed PRIOR to the ca/usa one? I don't know why this Judge desires to support bullying corporations, rather than telling them to pick a country and stick to it and not disrespect him with vague claims and no submitted evidence.

Afaik they do business in california: Everyone who lives in Cal can buy a xenforo Licence, right? Thats the bad thing about selling stuff over the internet: if you don't actively block countries, you are distributing globally and are therefore globally liable.

 

[Shamil]

Afaik they do business in california: Everyone who lives in Cal can buy a xenforo Licence, right? Thats the bad thing about selling stuff over the internet: if you don't actively block countries, you are distributing globally and are therefore globally liable.

However, the license terms may also mean that any dispute must/should be filed in the United Kingdom, averting jurisdictional issues.

 

[gfc]

However, the license terms may also mean that any dispute must/should be filed in the United Kingdom, averting jurisdictional issues.

Right but licence terms are in many juridiction not legally binding (for example MS EULAs in Germany and Switzerland) or can be subordened by courts to more important laws in most countries afaik. This again is for example quite common in Switzerland. But I have no idea if this holds for california, just guessing..

 

[Shamil]

Right but licence terms are in many juridiction not legally binding (for example MS EULAs in Germany and Switzerland) or can be subordened by courts to more important laws in most countries afaik. This again is for example quite common in Switzerland. But I have no idea if this holds for california, just guessing..

Given that Internet Brands are using it, I assume that it holds in this case.

 

[Fred Sherman]

What do you expect from The Breakfast State?

 

[jadmperry]

The issue as to jurisdiction is more complicated than just having a site where people can download who happen to live in CA equaling personal jurisdiction. The motions filed by XF explain the arguments.

Obviously, Judge Real did not agree. It seems like error to me. But, regardless, the main point is that just having a website where folks can download from a jurisdiction does not automatically confer jurisdiction based on that.

 

[dutchbb]

And not doing commercial business in California - or the country - or not even being employed by Internet Brands is a reason to continue there, when a UK case was filed PRIOR to the ca/usa one? I don't know why this Judge desires to support bullying corporations, rather than telling them to pick a country and stick to it and not disrespect him with vague claims and no submitted evidence.

Or maybe he hates them too and wants to make sure he handles the case himself to be sure they get what they deserve.

 

[Peggy]

Or maybe he hates them too and wants to make sure he handles the case himself to be sure they get what they deserve.

I bet not many people have considered that notion...

 

[Marc]

Regardless of the situation, and as has been said before in this very topic. Whether a totally unbias opinion is supposed to be given by a judge I really dont think bashing the judge in this topic is a wise thing to do... Sorry if people dont agree, I just dont think it is.

 

[Shamil]

I bet not many people have considered that notion...

The chances of that are unlikely. A judge is meant to be neutral, not biased. I have no reason to believe RT. Hon. Justice. Judge Manuel Real is biased.

 

[Peggy]

The chances of that are unlikely. A judge is meant to be neutral, not biased. I have no reason to believe RT. Hon. Justice. Judge Manuel Real is biased.

Keywords being meant to be. Not all are. But I don't want to talk bad about the judge here.

 

[Wired]

So, XF attempted to get it dismissed, and it was denied?

 

[Shamil]

So, XF attempted to get it dismissed, and it was denied?

Correct.