Internet Brands claims against XenForo

[Mark.B]

That is true. The problem is over hear, the courts will favour a UK business, even more so, as it's a start-up.

Shamil, I honestly don't know why you keep posting comments like this. I don't mean to be rude but you haven't a clue what you're talking about, yet you keep on presenting this stuff as fact.

Courts favour UK businesses? Courts favour small start-up businesses? Do me a favour!

Courts favour the law! Often relying on case law and precedent. How long do you think a judgement would stand if they based their ruling on how long someone had been in business?

 

[AnthonyCea]

Really, then why did they let the cops off for beating Rodney King ???

http://www.google.com/search?hl=en&...e=UTF-8&tbo=u&tbs=vid:1&source=og&sa=N&tab=iv

Then the LA riots broke out and cost Billions in losses and hundreds of Innocent lives.

 

[Mark.B]

Really, then why did they let the cops off for beating Rodney King ???

Then the LA riots broke out and cost Billions in losses and hundreds of Innocent lives.

Shamil is talking about UK courts though.

 

[AnthonyCea]

What he is saying is that courts are swayed by Politics, that is the only reason Bush was appointed as President in 2000 by a Republican Chief Justice Rehnquist who was appointed by a Republican President named Richard Nixon.

Are you saying that there are not politics in the UK ??

 

[leftie]

Yes there is polotics and there is the law and this is what seperates the UK and the us.

 

[Myster Dude]

Switching to xF.

My momma says IB is the devil. I'm also working on a comic of IB on vBulletin, but I might get sued if I release it on here or get xF sued again by the same people. But its funny. When I buy a license I'll post it on the customers area since its private, but its herlerious.

 

[Mez]

I'd love to see a copy of the actual claim

From what I can gather, either IB got the code illegally (therefore making it inadmissible as evidence), or made a generic claim, for which XF should be able to claim as legally deficient.

But that all rests on what the claim says, and whether it has actually defined what infringement has taken place. It also depends on what else is in the claim, other than the copyright infringement.

Hey, at least XF have a defence of unclean hands, which is evident to most

 

[welshstew]

I'd love to see a copy of the actual claim

If it gets to the stage where it is going to court, you will be able to. All UK court cases are public (only national security / children cases are subject to gagging orders)

 

[welshstew]

Been catching up over the past few days, and this post over on VB pretty much sums it up for me:

There is NO court case against XF.

1. The whole thing has to be assessed under UK law.
The XF developers are UK residents under UK law.
They were employed by Jelsoft (VBulletin) under UK law.
They have set up XF under UK law.

2. Under UK law the skills and information in an employee's head belongs to them, after they leave the employ of a company.
Work belongs to the employer while someone works for them.

2A. When an employee leaves that employment they may be required to sign a non-competition contract. This can only last for one year.
That is, UK law supports the right of a worker to use their skills to work.
A non-competition contract can only cover a "reasonable period" which is normally taken as one year.

3. Xenforo website did not go live for slightly more than one year after their developers left IB (jelsoft/ Vbulletin).
That fits with a standard one year non-competition contract.
After that the XF developers were free to use their skills as they wished.

4. A UK court case cannot have been "filed" as IB has claimed.
A UK court case is public information unless subject to a special gagging order such as in cases of child abuse or terrorism. As public information its outline details are publicly available.
That means there would be an official listing with the XF and IB/ Jelsoft name on it. There is none.

4A. This is also borne out by the way the IB / Jelsoft announcement merely REQUESTS the XF team not to publish XF.
If there were a proper court case starting they would have an injunction to block XF from doing business. That would have a reference number.
Or they would have a case number and would obviously quote it to strengthen their statement - make it look legal.
No such numbers have been stated or leaked.

5. The most that can have happened is that IB has perhaps MADE APPLICATION to file a case.
Their application will be assessed by the UK legal authorities to see if it meets basic legal standards.
This takes weeks, for a complex case, months or years.

6. On the above points such an application does not meet legal requirements.
There will be no case.​

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[tickedon]

Been catching up over the past few days, and this post over on VB pretty much sums it up for me:http://www.vbulletin.com/forum/show...inst-Xenforo&p=2051810&viewfull=1#post2051810

Except it's sort of wrong in places Other people have pointed out the issues with it earlier in this thread / over at VB.

 

[Puntocom]

if initially vBulletin was designed solely as a rewrite of UBB, I wonder what would happen if Infopop sue Internet Brands mentioning something like "As such, Vbulletin's software unfairly stands on the shoulders of more than a decade of development by Infopop. We own this intellectual property."

I have read it at http://www.vbulletin.com/forum/show...inst-Xenforo&p=2052931&viewfull=1#post2052931

 

[anotheralias]

That phrase "stands on the shoulders," really irked me. Yeah, their big broad shoulders, above which has been empty air for the past year. (I forget - can I say stuff like that in this thread? Just delete it and smack me if I can't.)

 

[zappaDPJ]

Mo0stly the lawyers are more trouble than they are worth - and they ALWAYS overlook things.
It's not rocket science. Just careful paperwork.

In my experience solicitors are the ones who often overlook things whereas barristers are worth their weight in gold if you can afford to engage one. I never employ solicitors as I prefer to do my own paperwork and present my own cases but I often bend the ear of a barrister as I'm lucky enough to have a number of them in the family and their advice has never let me down.

I too think we should chill out, but do remember that IB are already being investigated by the UK authorities.

They are? This is news to me, what are they being investigated for? Do you have a link?

 

[feldon30]

gagging

I've done plenty of that thinking about IB's actions.

 

[Shamil]

In my experience solicitors are the ones who often overlook things whereas barristers are worth their weight in gold if you can afford to engage one. I never employ solicitors as I prefer to do my own paperwork and present my own cases but I often bend the ear of a barrister as I'm lucky enough to have a number of them in the family and their advice has never let me down.




They are? This is news to me, what are they being investigated for? Do you have a link?

I complained to the ICO earlier this year. Investigations aren't made public by the ICO.

 

[p4guru]

Funny enough situation similar to IB vs XF is also playing in computer software world as i got news lavalys.com vs aida64.com. lavalys devs split to form aida64.com and lavalys looks to be taking legal action! At least aida64 is offering continued lavalys everest license holders extensions to aida64 app

Not saying they're exactly the same situation, but it's the world we live in.

 

[Forsaken]

Funny enough situation similar to IB vs XF is also playing in computer software world as i got news lavalys.com vs aida64.com. lavalys devs split to form aida64.com and lavalys looks to be taking legal action! At least aida64 is offering continued lavalys everest license holders extensions to aida64 app

Not saying they're exactly the same situation, but it's the world we live in.

Offering services to license holders to switch is probably a major reason they're being sued.

 

[Blandt]

Offering services to license holders to switch is probably a major reason they're being sued.

That's called free market.

 

[Jerry]

Offering services to license holders to switch is probably a major reason they're being sued.

No service, just a product I think.

 

[p4guru]

Yeah probably.. the aid64 head/dev is and was the face of lavalys - main developer i think as well.