Some Syntax Is The Same Across The Board... IB Decides To Sue Over "Code"...

7 replies
Hey Guys,

I thought this was something interesting for my fellow warriors to look at. Recently Xenforo was set to launch (and at this point has launched), as a new forum script to the marketer. This script created by former members of the vBulletin team, was set to be the new thing to power forums.

A day before the launch, vbulletin made an announcement that they were going to SUE Xenforo.


Internet Brands today has commenced a lawsuit in the courts of England and Wales against Xenforo, and its founders, Kier, Mike and Ashley. 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.

In total, we are stunned by the actions of Kier, Mike, and Ashley and believe they must not fully understand the laws of copyrights, contract or business torts. Perhaps Kier and Mike think they have "refactored" enough of the code to skirt copyright law. Our analysis strongly indicates otherwise and we believe anyone skilled in understanding such things will concur. Perhaps they are of the misguided belief that because they created some of the vBulletin code as Jelsoft employees, they somehow have unique claims to that property. If so, that too is wrong. Kier's and Mike's work as Jelsoft employees was the exclusive property of their employer, and the former owners of Jelsoft not only paid Kier and Mike well during their employment, Kier was paid a handsome bonus when Internet Brands bought the business, although no such payment was required.

If the proverbial shoe were on the other foot and rather than buying vBulletin, Internet Brands had instructed our engineers to essentially copy the software, we would have been law breakers. But Internet Brands chose to play by copyright rules and bought the vBulletin intellectual property. And, in our opinion, no matter how Kier, Mike, and Ashley try to "spin" their actions, they have not. A key test for infringement is a determination as to whether a substantial portion of the underlying work amounts to an expression of the prior work. We believe we will be able to easily show that Xenforo is infringing under this test. We have numerous other claims against Xenforo that we believe are equally strong.

We trust that software purchasers understand the risks of infringement of copyright law and act accordingly. We have requested that Kier, Mike and Ashley refrain from selling the software while the issues, inclusive of our infringement claims, are heard in the courts. We intend to pursue our rights broadly and vigorously.
We consider Kier and Mike to be talented developers, but ones who potentially fail to grasp the implications of their actions.

We imagine that many of you in the community will have questions or concerns and we want to be as open and straightforward with all of you throughout this process as possible; however, since this matter is now being handled by the court system, we may be limited in some regards to what we can discuss.

Internet Brands
It is very interesting that they say Kier and Mike don't know what they are doing. You can see that post on the vBulletin Official site here.

Xenforo responded before the launch with:

As many of you are no doubt aware, the spectre of unforseen circumstances has raised its ugly head.

While this has distracted us from our preparation today and may result in some delay, it is our intention to proceed with tomorrow's release of XenForo 1.0 Beta 1.

Our thanks to everyone who has voiced their support for XenForo.
In this thread...

What are your thoughts on this type of thing.. The forum scripts are clearly nothing alike in the way that they run, or the design of the site. Plus, this law suit was filed BEFORE Xenforo launched. So how would Internet Brands even know about the coding behind Xenforo?

Thoughts..?

Caleb

PS Interestingly enough. vBulletin is what powers the Warrior Forum.
#board #code #decides #sue #syntax
  • Profile picture of the author JohnMcCabe
    Originally Posted by Caleb Spilchen View Post

    What are your thoughts on this type of thing.. The forum scripts are clearly nothing alike in the way that they run, or the design of the site. Plus, this law suit was filed BEFORE Xenforo launched. So how would Internet Brands even know about the coding behind Xenforo?

    Thoughts..?

    Caleb

    PS Interestingly enough. vBulletin is what powers the Warrior Forum.
    Caleb, have actually had a chance to compare the source code for the two packages? If not, you have no real basis for saying that the two scripts are nothing alike.

    If I were in IB's shoes, I'd file a peremptory suit, too. Based on these facts:

    The developers of Xenforo are former employees of IB.

    They are releasing a product that directly competes with IB.

    From the wording of the release, the Xenforo developers had non-compete clauses in their contracts.

    Now it's up to Xenforo to prove that none of that is true.

    As for the wording about the developers 'not knowing' things, that's a polite way of saying 'we think they stole from us, but we don't want to show our hand yet.'
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  • Profile picture of the author CDarklock
    Originally Posted by Caleb Spilchen View Post

    What are your thoughts on this type of thing..
    IB is making a preemptive strike against the one and only serious competitor they have in their line of business, on what amounts to the idea that they cannot possibly have written an entire professional-quality forum package in three months.

    IB is making a huge mistake. If you read their complaint carefully, it's got no substance to it. They've got no evidence. If they did, there would be a request for injunction from the courts, and there isn't. Meanwhile, the internet firestorm over this is going to give XenForo more publicity than they could buy.
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    "The Golden Town is the Golden Town no longer. They have sold their pillars for brass and their temples for money, they have made coins out of their golden doors. It is become a dark town full of trouble, there is no ease in its streets, beauty has left it and the old songs are gone." - Lord Dunsany, The Messengers
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  • Profile picture of the author Michael Oksa
    I am not a lawyer, but what I just read sounded a lot like opinion to me. It didn't sound legal and I agree that real substance was lacking.

    Now, that doesn't mean they don't have a case. I'm just going by what Caleb posted.

    All the best,
    Michael
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    "Ich bin en fuego!"
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    • Profile picture of the author madhatseo
      This is a real case make no mistake about it. Whether the claims are really meritorious or just grandstanding in the hope of taking some of the wind out of Xenforo's sales is anyone's guess without seeing the claims that were made specifically. If the strongest claim is that this new forums software is somehow an extension of the work provided at their private employer that might make for a very tough case to make. Regardless, Internet Brands has money to cause pain and they feel justified in handing some of it out. We'll see. Here is an analysis of where it is at present and a few more legal thoughts.

      Internet Brands v. Xenforo: A Lawyer's Opinion | The Law Professor
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      • Profile picture of the author CDarklock
        Originally Posted by slinky View Post

        If the strongest claim is that this new forums software is somehow an extension of the work provided at their private employer that might make for a very tough case to make.
        It doesn't exactly make things look good for the XF boys that their software directly competes with vB and looks a lot like they wanted vB 4 to look before they left the company.

        IB is right to suspect that vB 3 code was used, but I'm betting the XF team is smarter than that and really did start from scratch. Largely because I know exactly what every engineer really wants after a few years of upgrading and evolving software: to throw it all out and start over.
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        "The Golden Town is the Golden Town no longer. They have sold their pillars for brass and their temples for money, they have made coins out of their golden doors. It is become a dark town full of trouble, there is no ease in its streets, beauty has left it and the old songs are gone." - Lord Dunsany, The Messengers
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        • Profile picture of the author Sardent
          Originally Posted by CDarklock View Post

          Largely because I know exactly what every engineer really wants after a few years of upgrading and evolving software: to throw it all out and start over.
          Ain't that the gods-honest truth.
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        • Profile picture of the author tpw
          Originally Posted by CDarklock View Post

          Largely because I know exactly what every engineer really wants after a few years of upgrading and evolving software: to throw it all out and start over.

          Having been there and done that several times myself as a programmer, I concur...

          The biggest problem I find with a lot of these pre-built packages is "code bloat", which encourages a waste of processing resources...

          When you start with a site that processes in a split second and then add more and more stuff to it, you can eventually find that your original design works great at smaller volumes, and now years later, you are running too much volume, which in turns brings your operations to a crawl...

          I could never imagine taking software like operates this website and starting a new company based on a package that has so much bloat in it... Especially when time has proven that there are more efficient ways of doing things...
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