Feeds

vBulletin abandons bid for injunction against ex-devs

Suit against XenForo continues in US, UK

The Power of One eBook: Top reasons to choose HP BladeSystem

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.

Reducing security risks from open source software

More from The Register

next story
NO MORE ALL CAPS and other pleasures of Visual Studio 14
Unpicking a packed preview that breaks down ASP.NET
Apple fanbois SCREAM as update BRICKS their Macbook Airs
Ragegasm spills over as firmware upgrade kills machines
Cheer up, Nokia fans. It can start making mobes again in 18 months
The real winner of the Nokia sale is *drumroll* ... Nokia
Mozilla fixes CRITICAL security holes in Firefox, urges v31 upgrade
Misc memory hazards 'could be exploited' - and guess what, one's a Javascript vuln
Put down that Oracle database patch: It could cost $23,000 per CPU
On-by-default INMEMORY tech a boon for developers ... as long as they can afford it
Google shows off new Chrome OS look
Athena springs full-grown from Chromium project's head
Apple: We'll unleash OS X Yosemite beta on the MASSES on 24 July
Starting today, regular fanbois will be guinea pigs, it tells Reg
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.