I think a lot of people are holding off. Not only does the spectre of the lawsuit diminish ones enthusiasm for the product, the uncertinty of future products and featres does as well. So yeah, holding off is really a sound choice if you're taking this from a business perspective.
I have no objective way of knowing whether "a lot of people are holding off." That said, I can say that from the posts that at least some folks are holding off. A few people have said as much. I would not be surprised if these folks who bother to post are not representative of a higher number who are holding off.
But, I strongly disagree that holding off is a sound choice from a "business perspective." If you mean that those holding off because XF currently does not meet their needs, well, then you have a point. If you mean that, assuming XF meets their needs and is a superior product in their view, but is somehow risky because of the lawsuit, then I would say that is not a sound choice. Though not possible to quantify with mathematical precision, I think you can at least weigh the factors. What risk is there? Well, as a result of the lawsuit, I think the only risk would be that XF cannot afford to defend itself and has to go out of business. I say this because the merits of the lawsuit...well, strike that, the suit is meritless. That said, there are potential consequences of defending the suit. For example, the litigation costs could force them out of business. I discount this possibility based on two facts. First, they have so far engaged the services of a very strong legal team, have so far litigated their case with some success- including dismissal of several claims in the CA case, and the CA case looks to be winding up in the next few months. It is highly unlikely that the additional costs of legal services would push them out of business. Second, in the UK case, IB has to post security (bond) to continue the case. If XF wins, at each stage, IB must pay their costs. So, overall, given the meritless claims, the near resolution of the CA case, and the security that IB must pay to continue the UK case, it seems that there is little risk.
I think that if you applied the same reasoning, to say, Apple or Microsoft, which each have claims of patent infringement against them, and you said, well, something could potentially happen and so, I won't use their product based on the "risk"...well, you would be foregoing a product that may be very useful to you. (Before anyone points this out, I will admit that XF, as a new company, does not have the deep pockets of Apple or Microsoft...however, in a perfect storm of legal liability, each could be wiped out if they were to found to be major infringers- some might find fault with the analogy...no need to argue it; it is admittedly imperfect. But, if you take it for its illustrative purpose, I think it works).
All of this is my opinion. And I certainly don't fault anyone who does not feel comfortable making a purchase for any reason. I just point out that I disagree with the basis of the decision not to purchase based on any risk of a lawsuit. Frankly, I would be far more worried that a bus might hit one of the principals of XF or a meteor might fall out of the sky and wipeout Ashley, Mike, and/or Kier in one fell swoop. Could happen. But it won't.
No worries, though. XF will still be here when the lawsuit debacle is ended. Look forward to having the folks who are waiting to be part of the XF community when that happens. I just think that if you want the software, there really is no reason to wait. Until, then...
