From what Cisco and Microsoft are reporting NoIP is (was?) a hotspot of botnet activity. If NoIP was not doing anything against that Microsoft's lawsuit doesn't sound that unreasonable.
How this was actually implemented in the end (MS just taking over the DNS) does seem a bit strange to me though. They should at least have been taking over by a government agent.
Turning over IANA or Ford over to Microsoft would not prevent malware or robberies. Turning over NoIP to Microsoft will prevent malware (at least in the short term).
In short, it is neither obvious that turning over NoIP's domains to Microsoft will prevent malware, nor clear what should happen if it doesn't, and it is certainly not clear that Microsoft will not cause more damage than they repair by acting in this way or what should happen if they do.
Really? Not according to anyone with anything resembling a passing familiarity with malware and it's distribution...
Malware authors anticipate their communication channels to fail and usually account for it with a whole series of fallbacks.
Quite unlike your NetGear or LinkSys home router, which many people suddenly can't reach anymore from e.g. their vacation home...
It's not like this motion has created some insurmountable wall that malware creators can't possibly work around.
Using the same logic, let's just prevent malware altogether by blackholing all of the Internet traffic - problem solved!
The article of this thread (that is the blog post of NoIP in response to MS's actions) which I'm sure we all read, says that NoIP themselves DID act to prevent abuse. They were not informed of this action by Microsoft.
While I do take issue to the actions of Microsoft and the courts I also think No-IP hasn't done themselves any favours and are at least partially to blame for this coming to pass.
It stands to reason that it's close to impossible to create a free service that is impervious to abuse however it's still their responsibility to avoid mass abuse of their platform to orchestrate botnets.
Ethically, I think you're correct that it's their responsibility to do what they can.
Legally, the court in this situation thought it was somehow Microsoft's responsibility to fix it.
Economically, I'd say being held liable to what users do on your platform will hurt innovation and competition.
In terms of liberty, botnets and spam don't seem like they compare to an attack on someone's business, their users, and their freedom to operate independently.
I guess you can choose which perspective makes the most sense to you, personally.
That is a strange perspective I have to say.
If one accepts the idea that courts should be seizing entire swaths of domains just to fight malware, it's still absolutely bizarre that Microsoft themselves should be given control of them, rather than an independent policing body. If there are to be Internet police, they should be independent of any one corporation, industry group, or government.
Except it is not a crime if it's done under lawful authority (by definition) or in self-defense. Otherwise you'd argue imprisoning a murderer or using force to defend your life is a crime, because outside of these circumstances limiting one's freedom of movement or using force on somebody is a crime.
>>> If someone uses YouTube to upload copyrighted things, should YouTube have its domain stolen and its users unable to use the site any more?
If that's the only thing his domain is used for, it very well may happen, and similar things already happened. Seizures of domains used for illegal activities are commonplace.
However, safe harbour does atleast imply reasonable effort to curb mass abuse.
Responding case by case is nice but it's not the same. As it leaves open the proverbial DDoS attack where botnets just create so many domains that the process put in place to resolve them is too burdensome for companies like Microsoft (or even law enforcement) to reasonably utilize.
Hence if you have a platform that is vulnerable to such abuses you should have systems in place to handle this at a bigger scale than single case by case means.