It's all in this thread and I don't feel like digging it up. I'm not aware of any legal injunction won by VXL. Legal fees being one of the main reasons. I've talked with Seibo about this extensively and from what I recall they got screwed by the manufacturer and had no real viable options but to move on to the Evo.
Edit: Since you edited your post I'll reply to it here:
Do you have any evidence of a settlement other than claims the asshole manufacturer stopped selling the FakeXhales? It was clear that VXL couldn't warranty the old Clouds given the circumstances and were forced to move on to a new design.
I told Seibo not to warranty the old clouds; he wasn't contractually obligated to at that point (against my interest because I had a couple defective units). Whether that's why he didnt choose to I have no idea, but the law is clear that he didn't have to.
And I'll give you that I never looked into whether there was a formal suit. I could search the court records, or have a paralegal do it, or ask siebo , but your point you're trying to make has no meaning in the real world:
Siebo talked about filing a law suit. I assumed he followed through. As a practical matter, though, either way he prevailed; litigation starts with a demand letter or communication with the opposing party. Paying a $200-300 filing fee and filing a complaint in court OR threatening to do it is the same in my book....
Litigation, no matter how started, ends when the other side stops doing what you dont like or you get what u want. That's prevailing. A settlement agreement is not needed in such cases; people stop bad behavior when they fear the legal consequences of such behavior.
In this case, there is zero doubt that the manufacturer was told by siebo's company to stop. They did. But for Seibo's company telling them to stop, and threatening legal consequences, they had no reason to stop. Thus, like I said Siebo prevailed.
I guess I can amend my statement to say: "vapexhale sued, and/or threatened to sue, and prevailed" but that's splitting more hairs then most ambulance chasers even would do.
Vapexhale could have found a new manufacturer for clouds, but chose to create the evo. The warranty issue was not a deciding factor; they just made a new product and moved on.
During all that time, Ebay for sure deleted the link for unauthorized units. That was immediately after after I emailed seibo a link of the unauthorized sales and he thanked me for that. The fact that the units stopped being sold on Ebay demonstrates Seibo prevailed, i.e., the bad behavior stopped for whatever reason after vapexhale threatened legal consequences....
No offense, but "not if VXL goes out of business" makes perfect sense.
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The notion that the "only thing that got better was that the bamboo is more easily replaced" is a gross technical understatement.
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Please, stick with the law and stay away from engineering.
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Yes, you have a valid point; it can be argued that the OG surpasses the EVO in terms of raw performance....
The last quote is exactly what I said. All the engineering in the evo failed to out perform the cloud. So that engineering failed in my book. All I really care about is performance in a desktop unit. I mean the units are basically the same, one just does not perform as well....
And the quote still doesn't make sense. I said the Cloud's performance is better and that performance is all that matters when comparing the two units. That's my opinion. Cloud = better than evo because it performs better.
What does bankruptcy have to do with my opinion that the cloud performs better than the evo??!!
And, yes, the only thing that got better with the evo was that it can more easily replace the bamboo. The evo certainly does not perform better.
I guarantee anyone who has both (which I do), who puts them side by side and uses both, will reach for the cloud seven days a week and twice on Sunday if best performance is what is desired. (Granted they both perform well---but the cloud is the clear winner.... my evo gets a lot of dust.... and only gets to whistle at me when I go some where and dont mind risking breaking the poorer performing evo.... despite all of its wasted, new, "engineering"...)
