Internet Brands claims against XenForo

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If this all hinges on a no-compete then whether tried in the USA or UK it will be thrown out.

A product cannot compete until it is available to the general public... it's release is well beyond the usual maximum term a US court would consider fair.

As xenForo is being released today, well after a year since K&M left then there is no case to answer.

This leaves the possibility of vBulletin code being present in xenForo..... dream on IB, dream on.
 
Floris said:
I don't understand your response to what I said - I wasn't talking about KAM.
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Well guess what? I don't either, lol. It wasn't you I meant to quote, it was another post, that I now can not find.
So pooh, lol. I removed the quote from my post.
 
If you ask me, IB's move reeks of publicity stunt. They realize that people are leaving vBulletin, and moving to XenForo. How to take care of it? Attempt to sue Kier and Mike, of course. In America, if something doesn't go your way, most of the time, people just sue each other, until results come out of it. :p

The market is dying for vBulletin, in my eyes. As soon as I can find some sucker person to unload my licenses on, I will be doing that.
 
TheLaw said:
Here are my thoughts and insights: http://tiny.cc/9q3z0
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For your uncertainty on the prevention of sales, these are for the most part only handed out in the UK if it would cause severe damage to the public interest. Temp injunctions are even harder to obtain and are generally only even considered if there is an immediate threat to public safety.
 
We believe we will be able to easily show that Xenforo is infringing under this test.
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In otherwords, they think there'll be evidence to support their claims. They need the discovery portion of the lawsuit to show this.

Law dudes, US / UK, mind clarifying the discovery portion of a case / lawsuit for us?
 
Wired said:
In otherwords, they think there'll be evidence to support their claims. They need the discovery portion of the lawsuit to show this.

Law dudes, US / UK, mind clarifying the discovery portion of a case / lawsuit for us?
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The discovery section of a case is a pre-trial period where each party is allowed certain methods to obtain all the information they require ready for the trial. The problem for XF is these methods usually have a very large scope and nearly every stone can be turned. The premise being that if one company is going to use a peice of evidence in the trial the other company will also know that it might come up and thus prepare for it.

Basically, this is the pre-fight eye up. Each company can see what the other is bringing to the table and work out what their chances of winning are if it goes to trial. Due to the costs involved of going before a Judge and Jury, it is not uncommon for a company if in a significantly weaker possition to conceed the case at this stage due to the costs invloved if they lost due to a ruling.
 
What is the standard for a copyright infringement case? That an unauthorized copying of copyrightable property was done. All IB is saying is that they claim that the evidence they have collected will show this has happened. Each side alleges it is right, that's all.
 
Until more details come to light this is all just spitting in the wind. I think what most people are basing their view on, though, are past actions by both parties involved. vB does NOT have a good track record with playing well with others.
 
Darat said:
By far the best article or post I have read about this turn of events, hopefully it will gain more attention. (And your new apps look very nice!)
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Thank you... I put a little work into thinking about the issues and hope it helps clarify the issues better. Regarding the apps... thank you again. I've been very hard at work! :D
 
I'm not a coder or anything like that so i may be talking poop but one thing has stuck out for me in posts at vbulletin. Some posts state that Kier wanted to rewrite vb4 from the bottom up but IB decided against that hence the frankenstein that it has become. I would imagine that Xenforo has been written from the bottom up which to me, a simple person that likes beer and Star Trek, means a totally new and different software.
Erm.... that's it.
 
Funny thing is that I think this will backfire for IB. I mean, I, for one, didn't know anything about this platform until I saw their post. Sucks for them that I plan on switching over.
 
leftie said:
I'm not a coder or anything like that so i may be talking poop but one thing has stuck out for me in posts at vbulletin. Some posts state that Kier wanted to rewrite vb4 from the bottom up but IB decided against that hence the frankenstein that it has become. I would imagine that Xenforo has been written from the bottom up which to me, a simple person that likes beer and Star Trek, means a totally new and different software.
Erm.... that's it.
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and you are totally correct in that assumption.
 
The statement by IB reads like they have examined xF code and are convinced it is 're-factored' vB code. Firstly I don't think they have examined the code. In order to do so, they would have have to have been sent it by an alpha tester. This us unlikely to have happened since the alpha testers were hand chosen by the xF team. Secondly if they *have* examined the code, they would have seen that it bears no resemblance to vB code. Or the examiners are incompetent.
The most likely truth in my opinion is that they have not examined the code.
So my conclusion is that IB are using baseless accusations to bully the xF team into submission.
 
It's pure scare tactics. You bluff a story together for which you have no proof whatsoever and hope your customers will not buy from your opponent. That's all this is I think.
 
Stuart Wright said:
The statement by IB reads like they have examined xF code and are convinced it is 're-factored' vB code. Firstly I don't think they have examined the code. In order to do so, they would have have to have been sent it by an alpha tester. This us unlikely to have happened since the alpha testers were hand chosen by the xF team. Secondly if they *have* examined the code, they would have seen that it bears no resemblance to vB code. Or the examiners are incompetent.
The most likely truth in my opinion is that they have not examined the code.
So my conclusion is that IB are using baseless accusations to bully the xF team into submission.
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The chicken and the egg... so how does one file a lawsuit when they do not have access to code that they believe is infringing? After an allegation, that's what discovery is about. Most seem to believe that you have to absolutely prove your case before filing a lawsuit.
 
An IT company is its people.

IB should have kept the best and brightest ... but they didn't ... so now they are suing for their screw-ups. I mean what do they expect ? own the guy ? and ban him from working?

I want to hire the best and brightest, and IB is telling me no... you can't do that :mad:
 
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