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-   -   vBulletin and XenForo Finally Settle Case! (https://vborg.vbsupport.ru/showthread.php?t=295523)

vijayninel 02-27-2013 04:17 AM

vBulletin and XenForo Finally Settle Case!
 
Quote:

MINUTES OF Settlement Conference held before Magistrate Judge Victor B. Kenton:The Court met with counsel for a continued session of settlement discussions, and the matter did result in a full and complete settlement. It was agreed on the record that the Settlement Agreement and Mutual Release constitutes a binding settlement in this matter.The Court notes that the Settlement Agreement and Mutual Release must still be executed by the parties,and further notes that it is provided therein that within five (5) business days of the parties execution of the document, Plaintiff shall file a Notice of Dismissal With Prejudice.The Court advised counsel to contact the District Court with regard to any pending hearings.Court Recorder: c/s. (rh)
Apparently Internet Brands and Xenforo decided to settle their dispute case earlier last week without going to trial. :D

The exact terms of the settlement are not known till now So far there has been no official word from IB or Xenforo. I wish that the companies at least told us if this would have any impact on customers and their licences.

The settlement has only been reached in the U.S. but it is likely that the U.K case would be wound up soon on similar terms.

I wonder if anyone here has any inside info/clues of the settlement and if they could share it with us. ;)

puertoblack2003 02-27-2013 05:12 AM

i wonder if the decision was made because of this settlement https://vborg.vbsupport.ru/showthread.php?t=295214 and IB decided to move on..

vijayninel 02-27-2013 06:36 AM

^^ Yes maybe they decided that the money spent on lawyers was better spent giving prizes to vb.org MOTM winners. :P

But these are positive developments. Now they could employ more people and resources on their sites/products.

Spinball 02-27-2013 11:39 AM

Quote:

Originally Posted by puertoblack2003 (Post 2406637)
i wonder if the decision was made because of this settlement https://vborg.vbsupport.ru/showthread.php?t=295214 and IB decided to move on..

No I think it's because Judge Real ordered the magistrate overseeing the settlement talks to force a settlement in which IB fundamentally accepts a loss. This is because their case is so weak that it's preferable (less humiliating) to getting the case dismissed in XF's favour.

If IB's case was strong enough, in line with all their tactics of wanting to bleed XF dry, they would have wanted to proceed to trial. I think their case was so weak, they were forced to settle.
We will find out the details soon, but that's my speculation and my hope.

mokujin 02-27-2013 01:04 PM

Good luck to Kier !

BSMedia 02-28-2013 12:56 AM

Quote:

Originally Posted by Spinball (Post 2406696)
No I think it's because Judge Real ordered the magistrate overseeing the settlement talks to force a settlement in which IB fundamentally accepts a loss. This is because their case is so weak that it's preferable (less humiliating) to getting the case dismissed in XF's favour.

If IB's case was strong enough, in line with all their tactics of wanting to bleed XF dry, they would have wanted to proceed to trial. I think their case was so weak, they were forced to settle.
We will find out the details soon, but that's my speculation and my hope.

Oh Xenforo fanatic logic.

Lets summarize your thought process.

IB doesn't have a case, judge knows IB doesn't have a case.
Judge lets case go on for almost 3 years
Judge wants parties to settle rather than have a trial, or throw out the case altogether knowing there is no case.
Judge forces a magistrate to get them to a settlement.
Some how this settlement is an automatic win for XenForo?

Sounds logical every step of the way.

A win for personal lives of KAM, perhaps. A win for XenForo, not hardly. IB accomplished what it set out to do. It's destroyed the script, the community, any chance of XenForo being successful ever again.

Kudos to IB for the win!

BirdOPrey5 02-28-2013 07:33 PM

We have no ideas the terms on the confidential settlement, for all we know VB is getting 50% of every XF licence sold, no point in speculating.

Glad to have the mess behind us and both sides can continue to develop their products.

cloferba 03-01-2013 01:31 PM

Quote:

Originally Posted by BirdOPrey5 (Post 2407058)
for all we know VB is getting 50% of every XF licence sold, no point in speculating.

what?? where did you get that info?

they are separated companies...

kh99 03-01-2013 02:02 PM

Quote:

Originally Posted by cloferba (Post 2407184)
what?? where did you get that info?

they are separated companies...

He said "for all we know". The point is that since no one has any information, anything could be possible.

In Omnibus 03-01-2013 02:48 PM

Misinformation abounds ...

doctorsexy 03-01-2013 06:23 PM

Great ..now we can kiss and makeup.... and get on with making a job of vb5

JacquiiDesigns 03-01-2013 08:39 PM

Quote:

Originally Posted by BSMedia (Post 2406855)
Oh Xenforo fanatic logic.

Lets summarize your thought process.

IB doesn't have a case, judge knows IB doesn't have a case.
Judge lets case go on for almost 3 years
Judge wants parties to settle rather than have a trial, or throw out the case altogether knowing there is no case.
Judge forces a magistrate to get them to a settlement.
Some how this settlement is an automatic win for XenForo?

Sounds logical every step of the way.

A win for personal lives of KAM, perhaps. A win for XenForo, not hardly. IB accomplished what it set out to do. It's destroyed the script, the community, any chance of XenForo being successful ever again.

Kudos to IB for the win!

Who pissed in your cheerios?! Nevermind - Don't answer that - It was a rhetorical question.
In other news - Nobody is likely caring about the B***S*** BSMedia or any of your other netnames is spewing.
Hope you're doing well though :)

J.

TheLastSuperman 03-01-2013 09:59 PM

Hey now, no need for soggy cheerios no matter what liquid so with that said, don't be rude pricks to each other :p.

Lawsuit? What Lawsuit? All I know is I'm still making vBulletin sites look great, if you can do the same w/ a Xenforo site then go do so... you ladies and gents should spend your time more wisely imo because atm it seems as if your old women wondering when All My Children is returning to daytime soaps :o.

JacquiiDesigns 03-01-2013 11:22 PM

Quote:

Originally Posted by TheLastSuperman (Post 2407280)
Hey now, no need for soggy cheerios no matter what liquid so with that said, don't be rude pricks to each other :p.

Lawsuit? What Lawsuit? All I know is I'm still making vBulletin sites look great, if you can do the same w/ a Xenforo site then go do so... you ladies and gents should spend your time more wisely imo because atm it seems as if your old women wondering when All My Children is returning to daytime soaps :o.

hmmmm - I've always been a Days girl although One Life to Live was sweet.
Yeah - I'm wondering when ABC will bring back One Life to Live :P
Have you built any great vB 5 Connect sites yet? It'll be super-interesting to see what people are doing with vB 5....

8thos 03-02-2013 11:40 PM

Quote:

Originally Posted by BSMedia (Post 2406855)
1. It's destroyed the script

2. the community

3. any chance of XenForo being successful ever again.

Well I figured out what the BS in BSMedia stands for.

borbole 03-03-2013 02:05 PM

Quote:

Originally Posted by BSMedia (Post 2406855)
A win for XenForo, not hardly. IB accomplished what it set out to do. It's destroyed the script, the community, any chance of XenForo being successful ever again.

Really? Last time I checked xenforo is still standing and by the looks of it, still very successful despite everything. All the lawsuit did was slow xenforo down, but failed to destroy it.

--------------- Added [DATE]1362323154[/DATE] at [TIME]1362323154[/TIME] ---------------

Quote:

Originally Posted by 8thos (Post 2407478)
Well I figured out what the BS in BSMedia stands for.

Ahahahahaa, couldn''t help but lol very hard at this :D

Paul M 03-03-2013 02:20 PM

Quote:

Originally Posted by borbole (Post 2407618)
Ahahahahaa, couldn''t help but lol very hard at this :D

It made me smile as well. :)

New Joe 03-04-2013 03:14 AM

I am happy it's now over and the xenforo guys can start to develop their software more.
From reading xenforo this case never slowed down their sales too much, many people were still buying and using it.

I have waited to see what happened, now I will go ahead and buy a licence and start to use it.
It is great software and it blows away vb5 for sure.
I love vb4 and hope that xenforo will be just as good if not better.

vbresults 03-05-2013 05:58 PM

Quote:

Originally Posted by New Joe (Post 2407724)
From reading xenforo this case never slowed down their sales too much, many people were still buying and using it.

Have to disagree there; many of our clients cited their reason for not transferring to XenForo was the uncertainty surrounding the litigation.

zooki 03-16-2013 01:15 AM

These are my last days with VB. I did not buy a VB5 license, I bought Xenforo license - Around 7 years I was loyal to VB. Its just lost its way, very poor products, lack of meaningful innovation.

That said, I really hope Vbulletin survives. I have great memories of using Vbulletin, especially the 3.x series !! Times have changed though

Spinball 04-09-2013 05:27 AM

Quote:

Originally Posted by BSMedia (Post 2406855)
Oh Xenforo fanatic logic.

Lets summarize your thought process.

IB doesn't have a case, judge knows IB doesn't have a case.
Judge lets case go on for almost 3 years
Judge wants parties to settle rather than have a trial, or throw out the case altogether knowing there is no case.
Judge forces a magistrate to get them to a settlement.
Some how this settlement is an automatic win for XenForo?

Sounds logical every step of the way.

A win for personal lives of KAM, perhaps. A win for XenForo, not hardly. IB accomplished what it set out to do. It's destroyed the script, the community, any chance of XenForo being successful ever again.

Kudos to IB for the win!

Been over a month since you wrote this, and in that time it has already been demonstrated to be BS (other people already pointed out the aptness of your login name).
The judge wanted the serious claims by IB to be considered properly. That takes time.
Any way you slice it, IB brought the claim, the judge ordered a settlement negotiation with a magistrate, the case ended. IBs claims (both in the US and UK) were dismissed WITH prejudice meaning they can't be refiled.
Ultimately IB made some allegations and those have not been upheld by the court. They didn't even go to trial. Meanwhile Xenforo development has continued with a new maintenance release and 1.2 release announced, the community is thriving and new addons are being published regularly (daily?). Also more people (like us) are announcing plans to migrate to Xenforo or have already done it (e.g. Digital Point, which is not an insignificant site).
I feel your analysis of the situation is demonstrably incorrect.
I think this is even born out by the failure of your forum complaints website to load. Not quite the success you were hoping? :)

findingpeace 04-09-2013 12:26 PM

This lawsuit never made any sense to me. If you're producing quality forum software, who cares what else is on the market? vB should be focused on being the best it can be, not making sure others aren't good.

Competition is awesome. It encourages creativity and diversity. While xF might not be my cup of tea, it certainly seems to be a perfect fit for many others. So what's the problem?

It would be one thing if these guys marched out the door with vB source code and sold it at a lower price. But xF is nothing like vB, visually or functionally. I'm glad the case got dismissed.

BirdOPrey5 04-09-2013 12:30 PM

Quote:

Originally Posted by Spinball (Post 2415251)
IBs claims (both in the US and UK) were dismissed WITH prejudice meaning they can't be refiled.

ANYTIME a case is settled the case is dismissed WITH prejudice otherwise why would anyone settle if they could just be sued again?

Quote:

Ultimately IB made some allegations and those have not been upheld by the court. They didn't even go to trial.
Hardly conclusive as nothing can be upheld without a trial.

Quote:

(e.g. Digital Point, which is not an insignificant site).
Moved before the settlement.

Quote:

I feel your analysis of the situation is demonstrably incorrect.
;)

FWIW I am personally happy to see XF development resume, but that does not change the facts above.

setishock 04-14-2013 10:15 AM

Competition is good for business. When you have a competitor pushing out a product that gets your customer base's attention, you better step up your game to keep them. Lawsuits are a waste of time and money. Resources that would be better used in making your product better for your customers and keeping your company competitive.


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