Looks like XenForo have sold out to Internet Brands

GTB · Feb 28, 2013

Just been reading somebody saying Kier has been looking at the announcement forum... got to be something coming soon, it's been 8 days now since they settled.

DaUnknownAdm!n · Feb 28, 2013

Case dismissed with both parties having to pay their own lawyers fees. So where's the announcement from Kier addressing his customers on the future of XF? They haven't even updated their customers on the latest Pacer report and no one else can do it as those threads are locked.

Brandon · Feb 28, 2013

DaUnknownAdm!n said: ↑

Case dismissed with both parties having to pay their own lawyers fees. So where's the announcement from Kier addressing his customers on the future of XF? They haven't even updated their customers on the latest Pacer report and no one else can do it as those threads are locked.
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To be fair, it's only been a few days hasn't it?
If a few weeks go by with nothing, I'd be a little concerned.

Alfa1 · Feb 28, 2013

If a settlement has been reached, then it may still take some time to formulate the specifics to customers without conflicting with the terms of the settlement. Such announcement may need to be reviewed by a lawyer and may need a bit of time.
I think the only sensible thing that can be said is that we know nothing and we can only wait to see what has happened and how the future for XF and vbulletin will look.
And while unlikely, I do think that people are underestimating that this case can have consequences for vbulletin itself.

Brandon · Feb 28, 2013

one of the mods updated the lawsuit thread..

On 27th Feb 2013 a joint stipulation was filed by both parties agreeing to the complete dismissal (with prejudice) of the case. Each side will have to pay their own lawyer and court costs.

In short, once signed off on by the Judge, the case will be dropped and can never be brought back again. The next update we can expect on PACER will most likely confirm this.
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HWS · Feb 28, 2013

Is Jake no longer available?
Because I would have expected to be him to make this update. As he did each single one before.

Weppa · Feb 28, 2013

nothing explains why KAM didn't even show up to say "hi".
nothing explains why dev stoppped for 8 months.
Now there is no lawsuit anymore, and he's just browsing his own forum and letting people speculate.

It's getting hard not to be irritated, to say the least, by such an attitude.

HWS · Feb 28, 2013

Speculation in a certain direction is only allowed for moderators and KAM fans at XF web site.

Customers who post that it may be possible that XF has partly been outsold to IB get moderated and are no longer allowed to start personal conversations at their web site.

It was even not allowed to say that you think a settlement has already been reached just minutes before the PACER update confirms it.

GTB · Feb 28, 2013

Weppa said: ↑

nothing explains why KAM didn't even show up to say "hi".
nothing explains why dev stoppped for 8 months.
Now there is no lawsuit anymore, and he's just browsing his own forum and letting people speculate.

It's getting hard not to be irritated, to say the least, by such an attitude.
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Another thing to keep in mind, I read Slavik posting this in the court update thread.

On 27th Feb 2013 a joint stipulation was filed by both parties agreeing to the complete dismissal (with prejudice) of the case. Each side will have to pay their own lawyer and court costs.

In short, once signed off on by the Judge, the case will be dropped and can never be brought back again. The next update we can expect on PACER will most likely confirm this.
Click to expand...

I really hope people don't get mislead in reading too much into that. Kier is saying nothing while browsing the forums letting the fan-boys and others read their own conclusion into things. You need to hear "first hand" from KAM what was agreed. For all anyone knows, there could be more things tied into the settlement, yet already I'm reading loads on xenForo jumping on that as though it means that's all that was involved. They both paid own costs and end of trial, but we have no idea what else (if anything) was also tied into an agreement classed as confidential ans left out PACER?

Why the do the fan-boys on XenForo always jump on a crumb that suits XenForo, and make a full loaf from it? Amazing, and they call doubters! Nobody, apart from KAM know the full settlement details at this point in time...

ProSportsForums · Feb 28, 2013

Dismissed with prejudice and settlement are two very different legal terms.

Dismissal With Prejudice

A dismissal with prejudice is dismissal of a case on merits after adjudication.The plaintiff is barred from bringing an action on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it.
A court has inherent power to dismiss an action with prejudice if it is vexatious, brought in bad faith, or when there has been a failure to prosecute it within a reasonable time. When a plaintiff who has commenced an action fails to comply with discovery devices, a court, which has issued the order of compliance, may sua sponte dismiss the case with prejudice.
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Settlement

The act of adjusting or determining the dealings or disputes between persons without pursuing the matter through a trial.
In civil lawsuits, settlement is an alternative to pursuing litigation through trial. Typically, it occurs when the defendant agrees to some or all of the plaintiff's claims and decides not to fight the matter in court. Usually, a settlement requires the defendant to pay the plaintiff some monetary amount. Popularly called settling out of court, a settlement agreement ends the litigation. Settlement is a popular option for several reasons, but a large number of cases are settled simply because defendants want to avoid the high cost of litigation. Settlement may occur before or during the early stages of a trial. In fact, simple settlements regularly take place before a lawsuit is even filed. In complex litigation, especially Class Action suits or cases involving multiple defendants, a settlement requires court approval.
Civil lawsuits originate when a claimant decides that another party has caused him or her injury and files suit. The plaintiff seeks to recover damages from the defendant. The defendant's attorney will evaluate the plaintiff's claim. If the plaintiff has a strong case and the attorney believes defendant is likely to lose, the attorney may recommend that the defendant settle the case. By settling, the defendant avoids the financial cost of litigating the case. Trials are often extremely expensive because of the amount of time required by attorneys, and even alternatives to trials, such as mediation and Arbitration, can be costly. In deciding whether to settle a claim, attorneys act as intermediaries. The parties to the suit must decide whether to offer, accept, or decline a settlement.
The cost of litigation is only one factor that encourages settlement. Both plaintiffs and defendants are often motivated to settle for other reasons. For one thing litigation is frequently unpleasant. The process of discovery—in which both sides solicit information from each other—can cause embarrassment because considerable personal and financial information must be released. Litigation can also have a harmful impact on the public reputation of the parties. Employers, for example, sometimes settle Sexual Harassment claims in order to avoid unwanted media exposure or damage to employee morale.
Like litigation itself, settlement is a process. Generally, the easiest time to settle a dispute is before litigation begins, but many opportunities for settlement present themselves. As litigation advances toward trial, attorneys for both sides communicate with each other and with the court and gauge the relative strength of their cases. If either of the parties believes he is unlikely to prevail, he is likely to offer a settlement to the other party.
Litigation ends when a settlement is reached. The plaintiff typically agrees to forgo any future litigation against the defendant, and the defendant agrees to pay the plaintiff some monetary amount. Additionally, settlements can require the defendant to change a policy or stop some form of behavior.
Often, the exact terms of settlements are not disclosed publicly, particularly in high-profile cases where the defendant is seeking to protect a public reputation. In high-profile cases, settlements are often followed by a public statement by the defendant. It is not unusual for a large company to settle with a plaintiff for an undisclosed amount and then to issue a statement saying that the company did nothing wrong.
In some forms of litigation, settlement is more complex. In class actions, for example, attorneys represent a large group of plaintiffs, known as the class, who typically seek damages from a company or organization. Courts review the terms of a class action settlement for fairness. Complexities also arise in cases involving multiple defendants. In particular, when only some of the defendants agree to settle, the court must determine the share of liability that accrues to those defendants who choose to pursue litigation.
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Cerberus · Feb 28, 2013

This is all so silly. They agreed to a joint stipulation. Once finalized the court will tell you what the stipulation was that they agreed to and that one side disagreed with it. Thus the with prejudice. So, no sense in worrying about anything until you see what the stipulation was that they decided on.

Brandon · Feb 28, 2013

http://gracelaw.com/NewsXF.html

February 27, 2013
Los Angeles, California

Grace+Grace LLP, a Southern California law firm of intellectual property trial attorneys, has secured an important victory for its clients XenForo Limited and founders Ashley Busby, Kier Darby, and Michael Sullivan in their long-running dispute with Internet Brands, Inc. and its vBulletin software subsidiaries.

After more than two years of litigation before a Los Angeles federal court and the English High Court of Justice in London, England, the parties have reached a confidential settlement agreement dismissing all of vBulletin Solutions, Inc.’s and Jelsoft Enterprises Limited’s claims.

Lead trial attorney, Michael Grace, stated, “We are pleased that the last litigation cloud has been lifted, so that XenForo can focus all of its resources on enhancing the features and functions of XenForo software. The Internet Brands litigations failed because of XenForo’s loyal customers, who supported XenForo’s dedicated, independent software development efforts over the past three years.”

Mr. Grace continued, “Today is a victory for competition in the marketplace. We’re delighted to have helped a small company like XenForo successfully defend itself and remain independent. The talented developers created XenForo software from scratch and have earned the chance to sell their software in the marketplace without further threats or false allegations. We believe that XenForo has a very bright future.”
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Cerberus · Feb 28, 2013

John · Feb 28, 2013

http://xenforo.com/community/threads/lawsuits-over-next.45107/#post-483303

As you will no doubt have seen, the litigation between vBulletin and XenForo is now over. Mike, Ashley and I are glad to see the end of this chapter in the history of forum software, and are looking forward to a revitalised software market place with innovation, quality and customer satisfaction once more becoming the primary topics of discussion.

Please appreciate that the terms of the settlement are confidential, and that as much as you might want to ask questions about it, we are unable to answer. Be assured that the three of us remain absolutely committed to and involved in XenForo's present and future success, and expect to become more active in the community once again.

We must express our gratitude to our dedicated moderators, without whom this community may not have held together as it has. Thank you, guys. We appreciate it.

I'm sure you are all eager to hear about what will happen next.

License Extension

As a goodwill gesture for the support we have been shown, we will be extending licenses for 255days, provided that licenses include updates through June 19th 2012.

License Discount

From 0:00 GMT on Monday, March 4th, ending at 0:00 on March 11th, XenForo licenses will be on sale for the discounted price of $110, instead of the usual $140 price.

XenForo 1.2

Features from XenForo 1.2 will be appearing in the 'Have you seen..?' forum in the coming weeks.

That's all for now. We'll have more for you soon. Once again, thank you all for your support and patience. We hope that our software will reward you.
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Brandon · Feb 28, 2013

Thanks @John
I added the quote of his post in your reply as well

Great news

CM30 · Feb 28, 2013

I think we should probably lock this now, they've obviously not sold out to Internet Brands and hence the whole thing is kind of irrelevant.

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Looks like XenForo have sold out to Internet Brands

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Internet Brands v. XenForo: Lawyer's Opinion

XenForo Ltd. Survives Another Legal Challenge by Internet Brands

Rick P. Network owner who sold to Verticalscope & Internet Brands @ForuMediaInc

Status of Internet Brands - xenForo lawsuit

So who do you think has won the XenForo vs Internet Brands court case?

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Looks like XenForo have sold out to Internet Brands

GTB Regular Member

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Cerberus Admin Talk Staff

Brandon Regular Member

Cerberus Admin Talk Staff

John Regular Member

Brandon Regular Member

CM30 Regular Member

Internet Brands v. XenForo: Lawyer's Opinion

XenForo Ltd. Survives Another Legal Challenge by Internet Brands

Rick P. Network owner who sold to Verticalscope & Internet Brands @ForuMediaInc

Status of Internet Brands - xenForo lawsuit

So who do you think has won the XenForo vs Internet Brands court case?

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