The best next alternative to a Class Action Lawsuit would be to... buy XenForo. In fact, it is preferable compared to a Class Action Lawsuit I would think, because it will even give you an instant working professional product in your hands. That you still won't have if you go ahead and 'win' the Class Action Lawsuit and stay with vBulletin in the hope it will ever get any better...
What is there to win? The best statement (if possible in your circumstances) to make would be simply to leave them. You will win in the end that way. There is now a serious alternative (even more so if XenForo will introduce integrated Blogs and some kind of CMS solution in the not so distant future).
That would be against the point for a principle based person Grover. If McDonalds messes up my burger...I don't go to Burger King, I go back to McDonalds and get my money back.
Your solution is 100% for the person who knows that the time it takes for these things to develop into a solution,
but there is still the people that feel like that's almost 3 licenses I could have bought for XenForo. For me I got bashed at the site for being happy with what the product promised and trusting they would follow suit with the way they did business for years and after being talked down to, I was then made to look a fool for them proving the people flaming me right.
This leaves a foul taste in my mouth.
I will not be pursuing legal action at this point, but when they release the newest fullest version of the software (ver.5 or whatever)...if they don't offer me the option to for free or a negligible fee(less than $50) to upgrade, I WILL be trying to organize something in the way of reparations being made for the unjust actions of a company that can't deny that they know business. All on principle, I am the little guy... I am not supposed to take the hits, they are a company not a charity.
Just know that if that was me or you who did that, we would probably be broke or in a cell for defrauding customers. But it's business so they can call it something other than it is.
I still respect your solution as that is the proper thing to do if you can swallow your pride and move on.