I seriously doubt any remotely competent person would be stupid enough to use code from their previous employer in a new similar product.
As for the "Trade secrets", that does sound rather silly, vBulletin is open source. Kind of hard to keep things a secret ...
At a glace, XenForo look pretty nice btw ... And has the old vBulletin-style license costs.
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UNIX was not designed to stop you from doing stupid things, because that would also stop you from doing clever things.
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