3 ms·

Considering how little the public knows about this case, I wouldn't be surprised to find out that no-IP refused to respond to the court process, so the court si

Considering how little the public knows about this case, I wouldn't be surprised to find out that no-IP refused to respond to the court process, so the court simply ruled against them. Just as with lavabit, a petulant refusal to respond to legal process does not result in good outcomes. Instead it results in the forfeiture of your rights within the process.

Alupis 12y ago
Possibly -- and I guess time will tell. However, given the tone of noip's public statement regarding this issue -- there seems to be no indication they had any forewarning, be it refused court order or not. Since we know very little at the moment -- it has to remain a possibility that the other happened -- we are left in the dark on purpose due to the nature of the event... and possibly some favorism from the court (citing Microsoft's past aid to law enforcement)
makomk 12y ago
Not really. We've got the text of the actual restraining order under which the domains were seized, and it's quite clear on the fact that No-IP wouldn't get advance notice of the fact that Microsoft were trying to seize their domains or a chance to challenge it: "Microsoft’s request for this emergency ex parte relief is not the result of any lack of diligence on Microsoft’s part, but instead based upon the nature of Defendants’ unlawful conduct. Therefore, in accordance with Federal Rule of Civil Procedure 65(b) and Civil Local Rule 7-5, good cause and the interest of justice require that this Order be Granted without prior notice to Defendants, and accordingly, Microsoft is relieved of the duty to provide Defendants with prior notice of Microsoft’s motion." (Microsoft's motion in question being their attempt to seize the domains.) The basis for this was "unlawful and/or negligent conduct". Basically, Microsoft managed to convince the courts that because in their eyes No-IP weren't policing their services well enough, Microsoft had the right to seize all their domains and shut them down without giving them the opportunity to challenge this in court first.
- xorcist 12y ago
  I seem to remember the massive DDoS Microsoft enacted against the blackhole servers of the RFC1918 in-addr.arpa zones for example, that was borderline criminal. I could probably think of a dozen other occasions, including the contant stream of spam that was Hotmail for quite some time after the takeover. Could I have had windowsupdate.com or hotmail.com seized then? I strongly doubt it.

Alupis 12y ago

Possibly -- and I guess time will tell. However, given the tone of noip's public statement regarding this issue -- there seems to be no indication they had any forewarning, be it refused court order or not. Since we know very little at the moment -- it has to remain a possibility that the other happened -- we are left in the dark on purpose due to the nature of the event... and possibly some favorism from the court (citing Microsoft's past aid to law enforcement)

makomk 12y ago

Not really. We've got the text of the actual restraining order under which the domains were seized, and it's quite clear on the fact that No-IP wouldn't get advance notice of the fact that Microsoft were trying to seize their domains or a chance to challenge it: "Microsoft’s request for this emergency ex parte relief is not the result of any lack of diligence on Microsoft’s part, but instead based upon the nature of Defendants’ unlawful conduct. Therefore, in accordance with Federal Rule of Civil Procedure 65(b) and Civil Local Rule 7-5, good cause and the interest of justice require that this Order be Granted without prior notice to Defendants, and accordingly, Microsoft is relieved of the duty to provide Defendants with prior notice of Microsoft’s motion." (Microsoft's motion in question being their attempt to seize the domains.) The basis for this was "unlawful and/or negligent conduct". Basically, Microsoft managed to convince the courts that because in their eyes No-IP weren't policing their services well enough, Microsoft had the right to seize all their domains and shut them down without giving them the opportunity to challenge this in court first.

xorcist 12y ago
I seem to remember the massive DDoS Microsoft enacted against the blackhole servers of the RFC1918 in-addr.arpa zones for example, that was borderline criminal. I could probably think of a dozen other occasions, including the contant stream of spam that was Hotmail for quite some time after the takeover. Could I have had windowsupdate.com or hotmail.com seized then? I strongly doubt it.