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by the_ancient 4367 days ago
It is a very dangerous notion that the federal courts can seize the domains of one company and just hand them over to another company...

It was bad enough when ICE was doing it, this takes that bad practice to a whole other level......

What is even worse is they got the order ex parte, meaning No IP did not have a chance to defend or explain themselves to the judge before their business was irreparably harmed by the actions of their competitor.

Even if the malware claim is true (which I doubt because I trust MS about as much as the NSA) No IP should have been given basic Due Process to explain their side to the Judge before their business was harmed.

1 comments

Question of fact: did the court attempt to contact No-IP.com? Or did they attempt contact, and No-IP.com failed to show up?
Courts never contact anyone. It is normally up to the Plaintiff to "Serve" the defendant. Except when the Plaintiff seeks an ex parte motion,order,etc which allows to court to act with out contacting the defendant.

Further if this would have been a situation where contact was attempted and failed it would have been a "default" judgment/order not ex parte

Fine, did any party before the court attempt to serve No-IP.com?

If No-IP.com avoided service like Charles Carreon, I have little sympathy. If there was no attempt at service, that's a different story.

Perhaps one should read my full post, as I answer this question in my "Further" second paragraph

I think you are just grasping to find any justification for what MS and the courts have done here... There are none.

HN has an international audience. Many people here do not speak English as a first language and you could help those people by being a bit clearer with your communication.
Read the order, it's floating around on the other thread. The justification is laughable at best, purjury at worst.