Internet Brands claims against Xenforo

I was surprised no one posted this yet. :devil:

Internet Brands claims against Xenforo

 

I'm not surprised, and I have doubts that Internet Brands will get very far with this cheap-shot of theirs. Nonetheless, I wish XenForo the best in making it out unscathed.

 

I think IB is just a little, ...whats the word.....nervous? Scared?

To be babies and ''sue''.....whatever .....that's dumb.......what's next, are they gonna cry that there's free message board software out there.....


Like I've always said, I will always use VB, and it's a great product. But this is a little "petty" if you ask me....

 

I do see the point you both made, but I'm trying to keep an open mind.
If they do have a case, I wish them the best.
Either way, it isn't going to change a whole lot for me, so I don't really care :p

 

Yeah very bad PR for IB... 1600+ post thread of support Internet Brands claims against XenForo | XenForo Community EEK

 

Don't forget the thread on vb.com, it is like 600 posts as well...

*Via my HTC EvO 4G*

 

LMAO.

 

The real funny thing about all the comments and replies, non of them other than the staff, really know the whole story.

I sort of hope it's true, so it'll shut all those xenFanboys up..lol

 

I support a companies right to protect their property. This would be like an engineer from dupont leaving the company, and then developing a plastic from what they learned from the company.

I dont think things would be any different between that chemical engineer and dupont, and whats happening between internet brands and Xenforo.

This is the reason why engineers that work for companies like dupont and exxon, do not start their own companies. If they did, they are just asking for trouble.

 

Thats the difference here, if XenForo hasnt used any of their property as in code within their product or anything they use on their site and its all unique since leaving vbulletin, it isnt really their property is it and I dont think such a claim would hold up well. I understand their feelings towards the staff, I know I would probably clutch at straws myself in their situation but it just seems to be making things worse for them.

I hope the best for XenForo and I am not a fanboy or some bandwagon jumper, I just like their software a whole lot more than what vbulletin has produced as of late and I believe their argument sounds rather redicilous unless there is something none of us have heard about just yet

 

There actually is one fundamental difference: Developing forum products is Kier's skill or trade. It is what he does to earn a living. There is no way he can be told "you can no longer perform the job you know how to do unless you work for Internet Brands."

Your engineer example, however, is different. A DuPont engineer would have learned of this "new plastic" while still employed by DuPont. The idea, plans, ingredients, etc. of this new product are the property of DuPont. This new plastic is not a skill; it's property. So leaving the company and manufacturing the new plastic is essentially stealing DuPont's ideas.

A salesman who learns sales techniques at training sessions while working for Company A and leaves to Company B, cannot be sued for employing those techniques while working for the new company. Those sales strategies make up his profession/trade, and without them, he cannot earn a living. Same concept.


So my key questions at this point are:

1 - Somebody cannot be denied the right to employ their specialty/skill/trade and earn a living. How would this case be different?

2 - How would Internet Brands have any idea whatsoever if XenForo's code violated IB's copyrights if they filed the claim before XenForo beta was even released? That's what confuses me the most...

 

Not necessarily. Programming is his skill or trade, and it could easily be argued that he could find any amount of work given as talented as he is in the programming arena.

Now, he's GREAT at forum software, I'll give him that, but that's not really his 'skill' or 'trade'. Programming is the trade

 

Wrong, a lawyer could easily argue Kier has designed forums for many years and this is his field of expertise, "Programming" is a pretty broad definition you're trying to square down there. He could easily go work for Invision boards or the like after his termination agreement with IB ended. They've gotta prove he designed xenforo during this non-compete period, using their resources. That's it. Good luck with that.

 

Nobody says that the copyright claim is based on fact or that it's a winning legal claim.