4 ms·

Can someone explain why this legal summersault is even needed to seize botnet servers?

• Bjartr 6y ago
  I think this is allowing a civil case to be brought by Microsoft, and therefore the ability for them to bring their significant capital and legal counsel to bear, rather than just waiting for the criminal justice system to get around to doing something about it.
  • Ericson2314 6y ago
    If Microsoft can make a civil suit and gain control of the botnet infra, rather than just get damages, can I get poisoned by a mine/factor and get equity in the factory? What's weird is that presumably the botnet party, the natural counterparty, didn't show up in court, but MS appeals to a third party (domain registry) to get control of their assets rather than something more neutral for damages. I'm no lawyer but this seems awfully weird.
    • rlpb 6y ago
      The legal basis is that a court awards a remedy[1] for harm done (or being done). Often that's monetary damages, but it doesn't have to be. The courts chooses what remedy is appropriate. I'm not sure that's relevant though. This might just be a preliminary injunction[2] rather than a final decision, whereas your "get equity in the factory" seems to be thinking about a final remedy rather than a preliminary injunction sought to minimize ongoing damage. [1] https://en.wikipedia.org/wiki/Legal_remedy https://en.wikipedia.org/wiki/Legal_remedy [2] https://en.wikipedia.org/wiki/Injunction#Preliminary_injunctions https://en.wikipedia.org/wiki/Injunction#Preliminary_injunct...
      • Ericson2314 6y ago
        I sure hope it's a preliminary injunction! That would be like me taking temporary control of the factory smoke stack or discharge pipe. Great precedent in that case.
• Ericson2314 6y ago
  Because Microsoft is a vigilante looking for legal cover.
  • gowld 6y ago
    It's complicated. If I put up spikes to prevent people entering my garage, is that vigilantism? Is it vigilantism to exterminate a beehive that a vandal drops on my customer's property?
    • tialaramex 6y ago
      If the spikes somehow lock the garage closed, that's security. If they're instead designed to impale people who force it open that's going to be illegal in most places even if trespassing is also a criminal offence there. Not least because the law may authorise people to force that garage open, and it doesn't want authorised people getting hurt, regardless of how you feel about that.
  • reaperducer 6y ago
    Don't vigilantes, by definition, work outside the law?
• xwdv 6y ago
  To cover their ass while they absolutely wreck Trickbots network.