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It's an ex parte order, so presumably Vitalwerks didn't show up in court despite the summons? If you filed for a TRO against Microsoft and their lawyers ignored it, something bad might happen to them too.


Ex parte means "from (by or for) one party", the judge acts upon the moving party's request without hearing from the other party. They are supposed to be rare and meet a high bar -- generally involving emergencies (and occasionally involving actions that need to remain secret).

Given that the allegations span many months, it's hard to see how it was an appropriate form of action here. I'd be very interested to see if there was a written decision granting the TRO.

Edit: This appears to be it http://www.noticeoflawsuit.com/docs/Second%20Amended%20Order...


I mean, it's not like nuclear warheads are going off, so why should Microsoft get so much power over this situation? Plus NOIP's reply seems to point that they all along had a way to communicate openly with one another.


Ex parte order can be given even if Vitalwerks does show up (source: divorce court). Ex-parte simply means that it was an emergency and couldn't wait.

However, it also means that a new full hearing has been setup (likely in 2 weeks or so) where both parties can argue their case. The full decision will be taken then.




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