Internet Brands claims against XenForo

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Brogan said:
I think it's best if you leave the moderating to me.
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=P easy there big fella, she was just expressing an opinion. Technically the entire thread is conjecture (since no one has seen the code bases, or the premise the lawsuit is based on), I think she was just suggesting that the topic would play itself out, not telling you how to do your job. :-)
 
ManagerJosh said:
Again, if they are willing to go this low, they can go lower. It would not surprise me they launch another lawsuit from another front. Yes the US Courts do not have any power over UK Courts, but let's look closer. It's a two fold matter from where I stand.

Internet Brands is pursing legal action against XenForo Ltd., a UK firm. Since it's place of incorporation is UK, Internet Brands must pursue it in the UK Courts.

It also appears Internet Brands is pursing legal action against Kier, Mike, and Ashley for breach of employment contract. During their time with Jelsoft, an updated contract may have shifted the trial location from UK Courts to US Courts. This is where I'm concerned.
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Sorry but that can never happen, if you are employed and based in the UK then you are governed by UK (EU) laws. Period.
 
Decado said:
Even if that were the case, that contract would only be legally binding in the USA, not the UK.
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A contract is binding agreement between two people or parties. Based on your argument, it would be the same as saying that Microsoft or IBM's contract with call centers in India are unenforceable because the contract is valid only in the US. That's pretty much absurd.
 
ManagerJosh said:
It also appears Internet Brands is pursing legal action against Kier, Mike, and Ashley for breach of employment contract. During their time with Jelsoft, an updated contract may have shifted the trial location from UK Courts to US Courts. This is where I'm concerned.
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Still has to take place is UK courts if the XF team are all British citizens ;)
 
ManagerJosh said:
Again, if they are willing to go this low, they can go lower. It would not surprise me they launch another lawsuit from another front. Yes the US Courts do not have any power over UK Courts, but let's look closer. It's a two fold matter from where I stand.

Internet Brands is pursing legal action against XenForo Ltd., a UK firm. Since it's place of incorporation is UK, Internet Brands must pursue it in the UK Courts.

It also appears Internet Brands is pursing legal action against Kier, Mike, and Ashley for breach of employment contract. During their time with Jelsoft, an updated contract may have shifted the trial location from UK Courts to US Courts. This is where I'm concerned.
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Non-compete clauses are invalid in most of California, if I am not mistaken (that's what I've been told by an IP lawyer who works there, called Cliff Maier).
 
ManagerJosh said:
A contract is binding agreement between two people or parties. Based on your argument, it would be the same as saying that Microsoft or IBM's contract with call centers in India are unenforceable because the contract is valid only in the US. That's pretty much absurd.
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Not at all. If there was a dispute with an employee at an indian call centre, then any action would have to take place in *india* according to *indian* law =)

Just because IBM is in the US, doesn't mean it can use US law to sue foreign employees, or force them to defend themselves in the US

Making sense? =)
 
Decado said:
=P easy there big fella, she was just expressing an opinion.
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I deleted comments which were originally related to the terms and conditions of the XenForo license agreement, which no-one knows yet.

Speculation is all well and good but not when it involves an EULA which hasn't even been made public yet.
 
Brogan said:
I deleted comments which were originally related to the terms and conditions of the XenForo license agreement, which no-one knows yet.


Speculation is all well and good but not when it involves an EULA which hasn't even been made public yet.
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Gotcha =)
 
Brogan said:
I have deleted 2 posts responding to this as they were pure speculation made with no knowledge of the terms and conditions of the XenForo license agreement.
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It's pretty simple though. Unless the terms and conditions explicitly say the license/ XenForo is transferred, then it stays with you. In fact, the original license was with XenForo.
 
But mhh IB accuse Xenforo to have ripped/re-used code from vb, if the xf team decides to make the sale tomorrow we will able to compare the sources of vb/xf and have proves that IB lie.
 
ManagerJosh said:
Again, if they are willing to go this low, they can go lower. It would not surprise me they launch another lawsuit from another front. Yes the US Courts do not have any power over UK Courts, but let's look closer. It's a two fold matter from where I stand.

Internet Brands is pursing legal action against XenForo Ltd., a UK firm. Since it's place of incorporation is UK, Internet Brands must pursue it in the UK Courts.

It also appears Internet Brands is pursing legal action against Kier, Mike, and Ashley for breach of employment contract. During their time with Jelsoft, an updated contract may have shifted the trial location from UK Courts to US Courts. This is where I'm concerned.
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This hardly has a case in the Uk and if it does go into the US courts, it would have to go in the state of residence which is California and non compete clauses are invalid there as far as i know.
 
When worse comes to worse just blame me..
smile.png


I have paid so much money for my legal costs insurance, I don't fear appearing before the judge. ;)
 
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