Internet Brands claims against XenForo

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OperaManiac said:
has someone answered this question?

is a user liable if he uses xenforo beta on a live domain?

can he be targeted by IB with a lawsuit?
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I'm just spitballing here but, if I were to copy a column from the NYT word for word and publish it in a book and then the NYT sued me and won, I don't think the person who bought the book would be liable.
 
Ah right. I had not thought about the possibility that I migrated to XenForo and the company mmm goes bust. What happens then. :P

IB has done a pretty good job of creating the IFs.
 
The law on Non-Disclosure as it applies to a California company (which IB is by their location) :

Customer Non-Solicitation Provisions Are Unenforceable Unless No More Restrictive Than Necessary to Protect Legitimate Trade Secrets

The California Court of Appeal's published opinion in Thompson v. Impaxx, Inc., 113 Cal.App.4th 1425, 7 Cal.Rptr.3d 427 (2003), is important because it concludes that customer non-solicitation provisions are enforceable only to the extent necessary to protect an employer's legitimate trade secrets. The plaintiff in Thompson sued his former employer for wrongful termination after the employer terminated the plaintiff's employment for refusing to sign an agreement containing a customer non-solicitation provision. The employee in Thompson sought to build upon the decision in D'Sa v. Playhut, Inc., 85 Cal.App.4th 927, 102 Cal. Rptr.2d 495 (2000), in which a former employee refused to sign a covenant not to compete and sued his former employer for wrongful termination. The former employee prevailed because the covenant not to compete was not limited to the protection of the employer's property, trade secrets, or other proprietary information and was therefore unenforceable under section 16600 of the California Business and Professions Code.
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Did you happen to notice two cases quoted along with the Code it's based on?
 
Actually, I wonder if we can talk XF teams into having the court hearings held at Birminghams Magistrates Court... as most hearings are held in public I could go along and sit in to hear the arguements :)
 
OperaManiac said:
Ah right. I had not thought about the possibility that I migrated to XenForo and the company mmm goes bust. What happens then. :p

IB has done a pretty good job of creating the IFs.
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Which is exactly what they wanted to accomplish. And they must have been scared out of their wits to be so blatant about it.
 
Paul M said:
As usual you are talking bull****.

First of all, its not MY forum. Secondly, I have deleted nothing.

Of course, dont let mere facts get in the way of your continuing insults.

Oh, and my Dad died over 20 years ago, you really are a piece of work, grow up.
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Paul, you know you are stiring up trouble by replying with comments like this? What are you trying to achieve. Just take the higher ground and ignore them.
 
Paul has always been a stand-up guy in my opinion. Let's make some basic differentiations between the current issues between vB and XF and the people who work for either side. While I disagree with some of Paul's posts, personal insults towards him accomplishes nothing.
 
and I would say best defense is offense. Sue them in CA for unlawful termination.

Sue them where it hurts. find something :D
 
Well, I have to go soon - I'm not sure when "after U.K. business hours" is but I suspect it's not in the next 15 minutes. I hope I see the BUY button when I return. :)
 
Elizabeth said:
Maybe not but they were working for a California company which IB thinks has jurisdiction.

Actually that law SUPPORTS KM&A, not IB.
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Actually they worked for an English company Jelsoft Ltd which was acquired by IB and Jelsoft is still in place , looks like IB withdraw their request of shutting down Jelsoft ( you can check it from company house )
 
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