ManagerJosh
Well-known member
Wouldn't it be a bit premature though?
Should Twitter sue IB ?
- Thread starter Digital Doctor
- Start date
Wouldn't it be a bit premature though?
jadmperry
Well-known member
It depends....I think mainly on what claims and whether they are related to the same set of transactions the Plaintiff alleges that gives rise to the original claims. In some cases, if the Defendant does not raise a counterclaim, it will not be able to do so later.
Here are the rules on this in Federal Court:
"Rule 13. Counterclaim and Crossclaim
(a) Compulsory Counterclaim.
(1) In General.
A pleading must state as a counterclaim any claim that — at the time of its service — the pleader has against an opposing party if the claim:
(A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and
(B) does not require adding another party over whom the court cannot acquire jurisdiction.
(2) Exceptions.
The pleader need not state the claim if:
(A) when the action was commenced, the claim was the subject of another pending action; or
(B) the opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.
(b) Permissive Counterclaims.
A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.
(c) Relief Sought in a Counterclaim.
A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.
(d) Counterclaim Against the United States.
These rules do not expand the right to assert a counterclaim — or to claim a credit — against the United States or a United States officer or agency.
(e) Counterclaim Maturing or Acquired After Pleading.
The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.
(f) [Abrogated](g) Crossclaim Against a Coparty.
A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.
(h) Joining Additional Parties.
Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.
(i) Separate Trials; Separate Judgments.
If the court orders separate trials under Rule 42(b), it may enter judgment on a counterclaim or crossclaim under Rule 54(b) when it has jurisdiction to do so, even if the opposing party's claims have been dismissed or otherwise resolved."
Now, don't mistake this as me saying that XF could not sue later. I think many folks might confuse the "arises out of the transaction or occurrence that is the subject matter of the opposing party's claim" element. I think a counterclaim would have to come already if, for example, Kier alleged breach of contract and that he actually owned the copyright asserted by IB. That would probably be a compulsory counter-claim. But, I think, a separate later claim, not subject to this rule could lie against IB by XF for a number of things (unlawful restraint of trade, tortious interference with contract, unfair and deceptive trade practices, etc...). And I think some claims could not lie until after a win in this case (like a suit for malicious prosecution). I stress a number of things....these are all hypotheticals, I am simply "spitballing" some thoughts. It may make no sense for XF to even think about a claim against IB, or even if it made sense, they still might prefer not to. (Also, note, I used some general terms for some of the potential claims...some jurisdictions use different terms to describe the same ideas).
Bottom line (buried in the last paragraph) is that there are a lot of options in how you can defend a suit, including when to make a counterclaim. There is also the option to sue later on different matters.
Anthony Parsons
Well-known member
Mine too... with Themesinc working hard on absolutely outstanding themes and theme engine, this software just kicks the crap out of VB... my wallet loves it too, much cheaper server costs with massive mods added, still don't equal the load and specs I required running VB4.
If I where XF, I would honestly be happy to recover only costs incurred, and just put VB behind me and get on with development and becoming the force we know it will be.
Jose Amaral Mota
Active member
(0) zero Tweets?
jonsidneyb
Well-known member
http://www.google.com/search?q=http...s=org.mozilla:en-US:official&client=firefox-a
I could not find the thread
I could not find the thread
Digital Doctor
Well-known member
mrGTB
Well-known member
I've just been looking at the two demo themes on Themesinc, both are nice but I really do like the "Resurgent" one. Although the demo pages there are taking forever to load-up. I like also how they've highlighted the "Like Names" in a different colour so it stands out who liked a post much better when reading them.
It's a pity however that you can't really do anything with the Facebook and Twitter buttons displayed to blend them in much better with custom themes like that, your kind of stuck with their default look and colours used. And they do look a bit horrible displayed on that Resurgent theme.
crazyprogrammer
Member
isnt vbulletin friend system already copied from myspace/bebo thing 
Wildcat Media
Well-known member
isnt vbulletin friend system already copied from myspace/bebo thing
Hey, if we all want to get right down to it, wasn't vB originally a "clone" of the linear UBB style of forum?
Someone in another thread had posted before and after snapshots of vB vs. XF, and it was impressive. The big board I'm an admin for would probably do well to convert, since I can make use of Sphinx (until XF's big-board search is ready), and iTrader is now available for XF. I can think of a half dozen users who would complain about post counts not appearing under their avatars. And I can think of a single-fingered response for them...
Nasr
Well-known member
Hey, if we all want to get right down to it, wasn't vB originally a "clone" of the linear UBB style of forum?
Someone in another thread had posted before and after snapshots of vB vs. XF, and it was impressive. The big board I'm an admin for would probably do well to convert, since I can make use of Sphinx (until XF's big-board search is ready), and iTrader is now available for XF. I can think of a half dozen users who would complain about post counts not appearing under their avatars. And I can think of a single-fingered response for them...
to show post count under avatars is just a simple option.
Wildcat Media
Well-known member
Exactly. And I will never admit that to them in public either.
These users are obsessed with post counts. One of them even writes down the number of his posts each night and checks it. The few times we've rebuilt counters, he has complained non-stop until we manually fixed it or, like last time, told him to get a life. (He's an obnoxious, whiny, racist jerk anyway...but the forum owner still wants him around.
) He sulked away for a month or two but came back as he always does. These users are often ones who have the high post counts but rarely contribute anything of value to the forum.The only thing I may enable is location, since in that forum, it sometimes matters in the discussions where members are located. Then again, with the profile card a click away, I'd be reluctant to enable even that option. I like the freedom from clutter.
Nasr
Well-known member
Exactly. And I will never admit that to them in public either.
These users are obsessed with post counts. One of them even writes down the number of his posts each night and checks it. The few times we've rebuilt counters, he has complained non-stop until we manually fixed it or, like last time, told him to get a life. (He's an obnoxious, whiny, racist jerk anyway...but the forum owner still wants him around.
The only thing I may enable is location, since in that forum, it sometimes matters in the discussions where members are located. Then again, with the profile card a click away, I'd be reluctant to enable even that option. I like the freedom from clutter.
True, I've never understood the significance of post count. I admin a forum, and the same happens to me.
Wildcat Media
Well-known member
It's like a trophy to them. We had one of those "word game" threads for awhile, and a few users racked up hundreds of posts. We wound up creating a separate off-topic area for these types of long-running threads, and turned off the counting of posts within those threads. As usual, some complained, but they got over it and they are still on the forum several years later.
Even the staff had talked about hiding the post count from postbit in vB, but we ultimately left it alone. I like that if you remove the post count, it lets others value a member's opinion by the quality of his/her post, not the value of the post count.
Fufu
Well-known member
Anthony Parsons
Well-known member
I find my forum a much more productive and posted community now, removing all the post counts and nonsense from the postbit via XF... users complained initially, but such information is still on their profiles, and whilst you can include post counts by ticking one checked box in the ACP style options, I won't put it back.
Trophies suffice those users now, and by publishing their avatars in the sideblock, ie. post count, most liked, most trophies, etc... they post more to try and get higher up the box.
Trophies suffice those users now, and by publishing their avatars in the sideblock, ie. post count, most liked, most trophies, etc... they post more to try and get higher up the box.
mrGTB
Well-known member
There's always been a problem with forums showing too much information to guests giving away the forum might be dead. Such as forum member count, online now an other stuff. I do think it's better if some of these things are not so readily there for guests to view for obvious reasons. Be it them just not there, or the options permission system widened to switch them all off for guests.
Not saying it will entice people into joining them not being there, but having an empty forum and those statistics displayed to guests don't do you any favours. That was always an issue with vBulletin - too much information displayed to visitors.
Not saying it will entice people into joining them not being there, but having an empty forum and those statistics displayed to guests don't do you any favours. That was always an issue with vBulletin - too much information displayed to visitors.
masterchief
Well-known member
they gonna sue wordpress blog sites too??
Wildcat Media
Well-known member
That is a tough thing to sue for. vB is, in essence, saying: "Hey, they stole the Twitter-like functionality idea before we could steal it ourselves!" And any company can claim to be "working on it" which is a vague idea itself--it could be partially coded, it could be in beta testing, or it could be just an idea scribbled down on a napkin somewhere with other future features.
I should clarify too that they're not talking about embedding Twitter or FB, but had features like these planned for vB.
Wildcat Media
Well-known member
Same here. It turns posting from a conversation into a competition.
And I have found that if I add one bit of information to the postbit, I then have users asking, "Can you add ____ beneath the avatars?" Then you have a stack of postbit information that is longer than the posts, adding more clutter. On an earlier version of one of my forums, I had put a block of last.fm recent plays below those members who filled in a last.fm ID. I did like the idea, but it added further to the clutter, and the generated image blocks (by way of the last.fm site) often did not appear or refresh properly.
zappaDPJ
Well-known member
So where is it? I assume they have submitted evidence to support that claim. And even then, this type of integration is common across the Internet... except in vBulletin's case of course
If this accusation forms part of the expert witness report then XenForo should be grateful for it. It doesn't do the plaintiff any favours at all.
