MOSCOW, August 9 - RAPSI. Microsoft Corporation plans to move for an entry of default and default judgment against Andrey Sabelnikov, a Russian citizen accused of having created a botnet code and then having failed to work with Microsoft toward an out-of-court settlement despite proper service of process, according to a motion filed by the plaintiff.

Salbelnikov stands accused of having created the Kelihos botnet code. A botnet is a network of computers, the security of each of which has been compromised by malware, and all of which can thus be collectively controlled by an external source. The Kelihos network was comprised of over 40,000 computers, which were infected by way of spam, malware, and child pornography.

Sabelnikov earlier published an open letter in his blog denouncing all of Microsoft's accusations against him as baseless. "I did not commit this crime. I have never taken part in running botnets or any other such programs. I've certainly never derived any benefits from such activities," he wrote.

According to Microsoft’s latest filing, Sabelnikov was personally served with process in both Russian and English during a meeting in his lawyer’s office on February 21 of this year. This was less than 30 days after he was included as a defendant in the case (January 23), and within 120 days of the filing of the lawsuit. Thus, the service of process was procedurally correct under US law. Because the defendant was served with process personally and in the presence of his lawyers, the motion alleges that it was procedurally correct under Russian law as well.

Microsoft claims that prior to having personally served Sabelnikov with process, the defendant was served with the complaint via email, after which the parties engaged in numerous conversations on the matter. However, the defendant has been nonresponsive to Microsoft’s efforts to negotiate an out-of-court settlement since having been served with process.

Based on Sabelnikov’s failure to respond, Microsoft has made clear its intention to move for an entry of default and default judgment against the defendant unless a resolution has been reached by August 24.