Internet Brands -v- XenForo

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Floris

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On October the 4th, 2010, on vBulletin.com the currently still public InternetBrands.com (INET) has apparently commenced a lawsuit in the UK against Xenforo, and its founders, Kier, Mike and Ashley.

Adrian says: http://www.vbulletin.com/forum/showthread.php?363883-Internet-Brands-claims-against-Xenforo

"The lawsuit is about these claims: infringement of our copyrighted intellectual property, breach of contract, and unfair business practices. The suit is simple: we claim that Kier, Mike, and Ashley have infringed and violated contracts they signed with us to gain unfair business advantage. As such, Xenforo’s software unfairly stands on the shoulders of more than a decade of development by Jelsoft. Internet Brands owns this intellectual property."

Note that XenForo Limited earlier that week announced the first beta of their new forum product to go on sale on the 5th of October, 2010. Not 24 hours after the claim by Internet Brands against XenForo [and its founders].

The only 'response' the vastly growing community at XenForo.com has received was that unforeseen circumstances have delayed it a bit, but that it will still go on sale. Which it did, still on the 5th. (http://xenforo.com/community/threads/unforseen-circumstances-but.4743/)

Other comments have not been published about the matter by either party, besides comments towards the press, as one can read here: http://www.theregister.co.uk/2010/10/05/vbulletin_sues_ex_employees/

A couple of weeks have passed, and we at XenFans.com haven't expressed ourselves as of yet, as there was no confirmation of a claim actually being filed, or any details about what these claims specifically entail. The unanimous opinion about the matter so far is that Internet Brands Inc. rather bullies the competition out of the way by financially drying them out in court, rather than embracing healthy competition in an open and free market. Another strong opinion appears to be against IB that it's a low blow move. An opinion shared en-masse by current and ex-vBulletin customers, and of course XenForo customers.

Opinions can be found here (vBulletin hides it in private forums only visible by customers): http://www.vbulletin.com/forum/showthread.php?363884-Internet-Brands-claims-against-Xenforo and http://xenforo.com/community/threads/internet-brands-claims-against-xenforo.4727/ (XenForo closed it for further comments).

Others have also expressed themselves in blog entries, such as this customer who walks through the comments by users and the claims posted: http://www.thelawprofessor.com/internet-brands-v-xenforo-a-lawyers-opinion/ - helping fight some of the mis-assumptions that people share.

It doesn't end there, even competitor forum developers express themselves via personal blogs, such as Matt from Invision Power Services: http://mattmecham.tumblr.com/post/1243676816/how-to-lose-friends-and-alienate-people

The reason I now felt like publishing some information about this is because discussion threads about this are either being closed or aren't public, while it's an interesting topic that can have an affect on the XenForo Limited company, or the people behind it. And because today I've learned the court case number, which was confirmation for me that Internet Brands Inc has indeed filed claims against XenForo and its founders.

I wish both parties the best of luck, but regardless of outcome I feel that the damage to vBulletin's reputation is their own doing, and that's my opinion - based on my observation of the vBulletin 4 release and company/product changes in the last year or so.

Royal Courts of Justice in the Strand,
case number HC10 C0 3118
Jelsoft -v- Xenforo Ltd.
(Dated: October 4th, 2010)

If you have an opinion, information, or feedback, feel free to leave a response.
 

SNN_imported

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In my opinion, Internet Brands is solely trying to wipe out the competition with (most likely) false accusations. Now, without knowing Kier, Mike, and Ashley's contracts, I would not know how the "breach of contract" would work.

Copyright infringement - so you're saying you can copyright Kier's style of coding? Mikes style? Ashley's style of business practice? Does this mean I can copyright my way of programming and enforce it on another company and sue as such? No.

Can I sue someone for the sake of saying that they were performing actions against another company, even though they hadn't said a single word against my company? No.

My opinion in a nutshell; unless they have something in their contract that says (in basic terms) "You may not develop any forum software after leaving the vBulletin / Jelsoft, Ltd. Team" - they have no case in my eyes.
 

Floris

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Until the details of the claims are known, I think we can only assume that Mike/Kier have started with an empty index.php and that they're capable enough to write code themselves. That this is not about source code re-use infringement. Kier and Mike obviously had the PHP / MySQL skills prior to joining the Jelsoft team. I suspect the IP infringement is in regards to having made work or ideas on behalf of Jelsoft, now owned by IB, and that they claim Mike/Kier are using that work or ideas in their XenForo product. The part of unfair business practice leans on the non-compete claus from their contract. We can only assume there was one, as they were (lead) developers for Jelsoft as employee and it's not uncommon for companies to have such a claus. And that IB perhaps believes that they were selling or working for a company within this claus time period. Hopefully the details of the documents which surely will become public the coming week(s) will clear that up (even though we shouldn't care about legal issues when it doesn't involve us - but I understand, we're paying customers and interested in the future of the companies involved).
 

Myster Dude

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I feel that IB is either making a big fat mistake or a desperate move against XenForo. "Intellectual Porperty" they say, blah! That's just wrong, seriously. Okay so their sueing people who praticly made vbulletin and they are sueing XenForo because they suspect they used vBulletin code. it doesn't make sence, IB is being dumb. The fact of the matter is, XenForo woulden't use vBulletin because they don't need that new awful code. They just built their own...

Eh, I'm just going in circles, I believe IB is just making a big fat mistake.
 

Hagai

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As I said many times before:
IB is getting herself a really bad name, a name of a Company that uses her lawyers to get what they want.
They think that they will make a bad name for xF and there clients won't leave because they claim that xF is copied from vB.
its the same as telling that MyBB and vB is the saim. they look the same at least.
So here is a question for them, why don't they lawsuit MyBB?
because they are a GPL script. IB wants only 0ne thing: money.
That's why they don't take out MyBB and others.
They want to win the "War"? they need to start develop more a better and more advanced script then xenForo.
 

kuyenmotdivad

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I use to love vBulletin when it was run by Jelsoft but since IB as taken over it's gone down the hill, I can't see vBulletin lasting much longer as they will lose a lot of customers by suing smaller companies, Just because they are jealous of there scripts being better... XF and IPB are the leading bulletin board systems - but thats just my opinion. :)
 

George G Halstead

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I agree, i love IPB but Xenforo is extremely easy to use and i love the simple permissions system and the theme system as well.
 

CurveGotti

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Without speculating on the actual suit at hand, I do agree that it's sad they took this road, the xF developers are good people. I am glad to see their tactics have backfired quite a bit and that many administrators saw these actions as a slap in the face to our entire forum community. As I stated in a harsh way in their customer feedback forum, I agree that since Jelsoft sold vbulletin, the product has become stale and that their management seems to be bloated. I used to support vB 100% it was the best of it's time, but as with all things, it will be replaced by a better product.
 

Floris

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They've now announced a second lawsuit against XenForo, this time in California. And XenForo Ltd has responded publicly about this.
 

CurveGotti

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They've now announced a second lawsuit against XenForo, this time in California. And XenForo Ltd has responded publicly about this.

Yeah I saw this the other day, they know their days are numbered.
 

Freshfroot

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Well what hurt me the most was selling Jelsoft to IB, when guys like Kier could've taken over. I'm sure Kier was hoping to take over and not see vB bought out by a company full of shareholders.

It must be hard to help create something only to not be able to take control of it. And, then watch someone else start to destory it piece by piece.

I kinda wish James had made some arrangment with Kier and the rest of the crew to aquire Jelsoft.

Then again, XF wouldn't have been born either. But, it would've saved a lot of people the hassle of moving and stressing.
 

Xryix

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The thing about IB is, they have no need to care.
Look at a company like IPS for example, owners aren't (as I know) millionaires with the support of thousands of shareholders, the same for xenForo. IB as said has shareholders, and vBulletin is just one little part of the IB enterprise so whether they make money, or not, will not affect them in the same way it would IPS or xenForo.
Developers should want to make their product better, and basically the better the product is, the more they will profit, out of license sales etc. There is no strive for this for IB developers, they will get paid whether they go to work, or lay in bed all day (perhaps not literally but you see what I am saying).
I think that has been a major downfall of the vB package since IB took over, it just seems there is no love for the product
IB DEV #1: "Oh no, looks like we are going to have to produce several hundred patches before this can be stable"
IB DEV #2: "Ahhhh shucks not again"
IB DEV #1: "Yeah, better get fixing that.... but not today, tomorrow".

Any respect I had for IB was lost instantaneously when I read the announcement that they were suing xenForo. Talk about good business practice.... Just shows really the true colours of the corporate bully, thinking that just because they have some shareholders and have bought (and 100% screwed up vBulletin) that they are allowed to dominate that area of software development.
 

Floris

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We've learned today that the hearing is on the January 18th, 2011. And that there's a motion to dismiss, which is great news - however, the Judge hasn't signed the papers as far as we can tell.

Shamil posted some documentation on xenforo.com to the US CA case.

http://dl.dropbox.com/u/1545603/031111358764.pdf
http://dl.dropbox.com/u/1545603/031111358765.pdf
http://dl.dropbox.com/u/1545603/031111358778.pdf
http://dl.dropbox.com/u/1545603/031111358779.pdf
http://dl.dropbox.com/u/1545603/031111358799.pdf
http://dl.dropbox.com/u/1545603/031111358800.pdf
http://dl.dropbox.com/u/1545603/031111358803.pdf

This sounds all quite promising and a good sign towards a happy ending.

Please note that we believe that when dismissed that InternetBrands Inc can't refile the same claims or request a different judge. Which on its own is positive news.

Lets hope it all plays out indeed, in the favor of Kier Darby, XenForo Limited's John Does 1-10.
 

Hescominsoon

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it depends on how it's dismissed. If it is dismissed with prejudice then it cannot be refiled in the jurisdiction(us only however..don't know the English equivalents). If it is dismissed without prejudice then it can be refiled.
 

Damien_imported

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The thing about IB is, they have no need to care.
Look at a company like IPS for example, owners aren't (as I know) millionaires with the support of thousands of shareholders, the same for xenForo. IB as said has shareholders, and vBulletin is just one little part of the IB enterprise so whether they make money, or not, will not affect them in the same way it would IPS or xenForo.
Developers should want to make their product better, and basically the better the product is, the more they will profit, out of license sales etc. There is no strive for this for IB developers, they will get paid whether they go to work, or lay in bed all day (perhaps not literally but you see what I am saying).
I think that has been a major downfall of the vB package since IB took over, it just seems there is no love for the product
IB DEV #1: "Oh no, looks like we are going to have to produce several hundred patches before this can be stable"
IB DEV #2: "Ahhhh shucks not again"
IB DEV #1: "Yeah, better get fixing that.... but not today, tomorrow".

Any respect I had for IB was lost instantaneously when I read the announcement that they were suing xenForo. Talk about good business practice.... Just shows really the true colours of the corporate bully, thinking that just because they have some shareholders and have bought (and 100% screwed up vBulletin) that they are allowed to dominate that area of software development.

Bottom line is IB is a company focused on the bottom line, you can bet if the ass ever falls out of vbulletin they would pass it on before the red ink shows up in the accounts department.
 

Floris

I'm just me :) Hi.
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We've learned via Shamil that more documents for the ca, USA case have become available;

http://dl.dropbox.com/u/1545603/pdf/031111472186.pdf
http://dl.dropbox.com/u/1545603/pdf/031111472949.pdf
http://dl.dropbox.com/u/1545603/pdf/031111479574.pdf
http://dl.dropbox.com/u/1545603/pdf/031111479680.pdf
http://dl.dropbox.com/u/1545603/pdf/031111479681.pdf
http://dl.dropbox.com/u/1545603/pdf/031111479762.pdf
http://dl.dropbox.com/u/1545603/pdf/031111479763.pdf
http://dl.dropbox.com/u/1545603/pdf/031111480003.pdf
http://dl.dropbox.com/u/1545603/pdf/031111480021.pdf


What's more interesting is that the few blog posts I started, edited later and published later, are included as evidence by Joe.

http://dl.dropbox.com/u/1545603/pdf/031111479680.pdf Point 14.

Since it's evidence and I prefer to not say anything that could potentially get me further involved in this case, or could be used to incriminate me, I will leave it at that. But for timeline reasons to this article I felt it was worth to mention.
 

phonegnome

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I am not really a XenForo "fanboy", I can see where IB are coming from. Their best developers leave and set up a competing product. Of course they are going to be angry, they have lost some of their team and have a new competitor.

However, I think the lawsuit is unfounded and IB don't really deserve to win - we will have to wait and see.
 

Floris

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To be honest, unless something spectacular happens now. I do not believe this will end well. The money-pit a lawsuit like this is, will ruin the Darby & Sullivan families. The small customer-base they currently have doubtfully can help cover the legal fees.

My own interest here is having great communities, and I will keep running XenForo until it becomes IB's property, and in regards to XenFans.com - the host is paid until February 2012, so I will revisit that situation by the end of the year. We have a few plans with the site, including a plan b; which I have enough time to shape into something realistic.

I want to have hope, and be optimistic. But the reality of a case going to trial in two countries, with various points to win/lose on, costing so much money, .. it's hard - and I have to be realistic as well.

Obviously I wish Kier & Mike & Ashley the best of health and best of luck, and I am as confident they will win war, despite losing this battle. But seeing how this got dismissed and why, kinda shakes things up. I hope I am wrong, and they will thrive victoriously. Despite doubts about the reality of a serious court case.
 

p4guru

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To be honest, unless something spectacular happens now. I do not believe this will end well. The money-pit a lawsuit like this is, will ruin the Darby & Sullivan families. The small customer-base they currently have doubtfully can help cover the legal fees.

My own interest here is having great communities, and I will keep running XenForo until it becomes IB's property, and in regards to XenFans.com - the host is paid until February 2012, so I will revisit that situation by the end of the year. We have a few plans with the site, including a plan b; which I have enough time to shape into something realistic.

I want to have hope, and be optimistic. But the reality of a case going to trial in two countries, with various points to win/lose on, costing so much money, .. it's hard - and I have to be realistic as well.

Obviously I wish Kier & Mike & Ashley the best of health and best of luck, and I am as confident they will win war, despite losing this battle. But seeing how this got dismissed and why, kinda shakes things up. I hope I am wrong, and they will thrive victoriously. Despite doubts about the reality of a serious court case.
Maybe Kier and Mike need new revenue streams to build up their coffers ?

Commercial paid addon scripts for Xenforo
  • Xenforo CMS
  • Xenforo Phot:wave:Gallery
  • Xenforo Sphinx Search
Unfortunately they all take time to develop.
 

Digital Doctor

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Commercial paid addon scripts for Xenforo
  • Xenforo CMS
  • Xenforo Phot:wave:Gallery
  • Xenforo Sphinx Search
Unfortunately they all take time to develop.

I'm not sure it would be fair for them to be working on a CMS with basic things like Custom Profile Fields not in place. And an ignore system. Gallery would be a good first addon (quick, straightforwardish).
 
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