Comment Re:Sue them for all they're worth (Score 5, Interesting) 495
Also, apparently No-ip didn't appear when summoned. Apparently, that's kinda of a big no-no. Maybe next time they will buy their domains somewhere with proper laws.
IANAL. All of this is from following legal procedures.
Not showing up is a big no-no. A judge can, usually, assume that the party not showing up has nothing to say in the matter, and just accept the petition as is. This is, however, not what happened here. From the first link:
On June 19, Microsoft filed for an ex parte temporary restraining order (TRO) from the U.S. District Court for Nevada against No-IP.
Emphasis mine.
An Ex-Parte petition is filed without the other side being given a chance to answer. This is outrageous act by Microsoft. You ask for an ex-part hearing when there is danger that the other side, if given prior warning of your requested subpoena, will destroy evidence. Since Microsoft is claiming that no-ip are unknowingly hosting malware, this simply wrong.
Before you go to blame the judge, however, please bear in mind that he can only rule based on the petitions before him. Presumably, a two-party hearing will be held soon, and then things can, and should, go differently. Also, the judge should have ordered Microsoft to place some money in escrow, which no-ip will automatically get in case the temporary restraining order is found to be unjustified.
What I'm saying is that we don't have enough information so far to conclude that the judge did anything wrong, but the first link, written by Microsoft, clearly shows MS to be douche bags in this case.
Shachar