Comment Re:Sue them for all they're worth (Score 2, Insightful) 495
Ex parte petitions should only be used in the most extreme of circumstances and there should be a high burden of proof before a court grants them.
Again, IANAL.
Still, how can you have a high burden of proof? In an adverserial system, the only things you can prove need two opposing parties to present their case. As such, an ex-parte request does not contain proof at all (how can it?)
Instead, it contains claims backed by sworn testimony. The judge examines these claims in the light most favorable to the non-present party, but otherwise within the context of the claims presented by the moving party.
In other words, you cannot second guess the judge's decision without looking at what MS actually wrote in its TRO request. If (as likely happened) MS wrote that no-ip do not remove the offending domains, and that these domains are used on a daily basis to cause huge harm, then a reasonable judge (who, I might remind you, is not technically savvy, and may not realize the implications of granting this order are disrupting no-ip's business) might conclude that granting this Temporary Restraining Order is reasonable.
So, once again, I think MS were acting like douches. I have no idea whether the judge acted reasonably, and cannot know without looking at MS's petition.
Shachar