Feeds

vBulletin abandons bid for injunction against ex-devs

Suit against XenForo continues in US, UK

High performance access to file storage

Updated Net forumware giant vBulletin has abandoned its bid for a preliminary injunction against its former lead developer and his new forumware company, the UK-based XenForo.

An injunction would have prevented XenForo from doing business prior to a trial.

According to a post from XenForo's US counsel Grace and Grace LLP, vBulletin withdrew its motion for a preliminary injunction a day before its employees were to be questioned under oath. The company refused to produce its witnesses and then had no choice but to abandon the case, the post said.

“I am pleased that vBulletin's attorneys recognized the lack of merit in vBulletin's motion and withdrew it before XenForo was forced to incur additional costs," read a statement from Michael Grace, of Grace and Grace.

With the suit, vBulletin and its parent company, Internet Brands, claims copyright infringement, breach of contract, and misappropriation of trade secrets.

Kier Darby, the former vBulletin lead developer who founded XenForo after leaving the company, declined to discuss the case with The Register, saying he needed to consult his counsel first. Darby left vBulletin in 2009, roughly two years after it was taken over by Internet Brands. A year after that, he and two other ex-vBulletin employees –  Mike Sullivan and Ashley Busby – registered the XenForo domain.

In October of last year, just before the first XenForo beta was set to go on sale, vBulletin and Internet Brands filed suit in the UK against XenForo, Darby, Sullivan, and Busby. Then, a month later, it filed a similar suit in California.

In April, the U.S. District Court for the Central District Court of California dismissed two vBulletin claims that XenForo and Darby had violated computer hacking-related provisions of the Computer Fraud and Abuse Act and California Penal Code. "I'm delighted that these two unfounded claims have been dismissed and cannot be refiled," read a statement Darby at the time.

"We look forward to the dismissal of the remaining claims and invite any person with access to the source code of both vBulletin and XenForo to compare the code and discover the manifest truth that the XenForo software was independently created and infringes none of vBulletin's rights. Neither the vBulletin Solutions lawsuit in California, nor its earlier duplicate counterpart in England, should ever have been filed."

XenForo's forumware is still available here. ®

Update: This story has been updated to show that vBulletin has abandoned its bid for a preliminary injunction against XenForo, not its entire case. Its cases against XenForo are still ongoing in both the US and the UK.

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
Microsoft: Windows version you probably haven't upgraded to yet is ALREADY OBSOLETE
Pre-Update versions of Windows 8.1 will no longer support patches
OpenSSL Heartbleed: Bloody nose for open-source bleeding hearts
Bloke behind the cockup says not enough people are helping crucial crypto project
Half of Twitter's 'active users' are SILENT STALKERS
Nearly 50% have NEVER tweeted a word
Windows XP still has 27 per cent market share on its deathbed
Windows 7 making some gains on XP Death Day
Internet-of-stuff startup dumps NoSQL for ... SQL?
NoSQL taste great at first but lacks proper nutrients, says startup cloud whiz
Microsoft lobs pre-release Windows Phone 8.1 at devs who dare
App makers can load it before anyone else, but if they do they're stuck with it
US taxman blows Win XP deadline, must now spend millions on custom support
Gov't IT likened to 'a Model T with a lot of things on top of it'
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.