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Microsoft Agrees Settlement Over MikeRoweSoft.com

GillBates0 writes "CNN's reporting that Microsoft Corp has settled with Mike Rowe, persuading the teenager to give up his domain name in exchange for costs of changing the existing domain to a new Web site, Microsoft certification training, an Xbox, an invitation to a technology festival at Redmond and some other gifts. Includes a choice quote from Microsoft spokesman Jim Desler: 'We wanted to do this in a way that's going to foster his interest in technology'. Mike had received a 25-page letter from Microsoft informing him he was committing copyright infringement, and threatening legal action, as reported earlier on Slashdot."

39 of 689 comments (clear)

  1. He's got a great chance to make something of this. by djh101010 · · Score: 4, Insightful

    I hope he takes the free publicity & does something good with it. If he can handle this gracefully and turn it into something positive, he can end up being seen doing so by the right people, and turn it into a good opportunity for himself.

    Or, he can stay in his room and play with the new Xbox, that's OK too I suppose.

  2. Microsoft BUYS EM out by firstadopter.com · · Score: 5, Insightful

    Sounds like Microsoft realized they were getting bad press, so bought him out with.. you guessed it, Microsoft freebie products. Now bad press turns into Microsoft product marketing. Those guys are brilliant in Redmond. Grrr...

    1. Re:Microsoft BUYS EM out by jrumney · · Score: 4, Insightful
      Exactly what should they have done to satisfy both parties?

      Leave him the fuck alone.

      They knew full well that Microsoft(TM) do not have a legal leg to stand on in trying to get Mike Rowe to stop using his own name. If Microsoft thought they were right, do you think they would have caved like this? That would just be inviting domain squatters to taunt them.

    2. Re:Microsoft BUYS EM out by NanoGator · · Score: 2, Insightful

      Only on Slashdot would Microsoft's handling of this case be mutated into evil form.

      --
      "Derp de derp."
    3. Re:Microsoft BUYS EM out by DrEldarion · · Score: 3, Insightful

      I don't know about you, but if I were Mike Rowe, I'd MUCH rather have a bunch of nice stuff than a $10 domain name.

    4. Re:Microsoft BUYS EM out by j-turkey · · Score: 5, Insightful
      They knew full well that Microsoft(TM) do not have a legal leg to stand on in trying to get Mike Rowe to stop using his own name. If Microsoft thought they were right, do you think they would have caved like this? That would just be inviting domain squatters to taunt them.

      First of all, although it's bad publicity, they have a leg to stand on, especially once you realize that this is not only about Mike Rowe using his own name (which it isn't at all...that's been done before with the Uzi Nissan/Nissan.com case). Now I don't know a damn thing about Canadian law (and very little about trademark law anyway) -- but Microsoft has enough cash and lawyers to bankrupt this kid (and his family) -- which means that after they bankrupted Mike Rowe (and his family) they'd win a summary judgement when Mike Rowe failed to show up for court.

      Secondly, Microsoft HAS to protect their trademark. This is not a simple case of a kid just using his name...I keep hearing this and I just think it's naive. Check out the Register article from the original slashdot post last week. In it, they paraphrase him as saying he wanted a cool site with a name that sounded like the software giant (my paraphrase). If this is true, Microsoft has a case -- it's NOT just someone's name, and if Mike Rowe actually said this, it proves intent. Now, as far as how trademark law applies to homophones (and this is the crux of the case) -- I don't know. AFAIK, it hasn't even been tested. However, if MSFT's trademark was dilted in any way, or it is even perceivable that their trademark is being tested, MSFT is responsible (to their shareholders) to fight tooth and nail to preserve that trademark. Otherwise, Microsoft's trademark doesn't mean squat under law. If I ran a business that had a trademark to protect, I'd consider doing the same thing.

      Instead of looking bad and spending a shitload of money, they ended up looking like nice guys and spending next-to-nothing. Sounds to me like they did the right thing. A win/win situation. This is about the easiest settlement I've ever heard of. Do you think that every time someone settles, it's because they didn't have a leg to stand on? Do you have any idea how much it takes to go to court, especially when you know you will not benefit?

      I guess what frustrates me about this (I ranted alot in earlier coverage of this topic) is that this shows where Slashdotters seem to have the hardest time being objective. If they see Microsoft, they immeadately think "those bastards". If a company tries to protect IP or trademark in any way, slashdotters will jump and yell "bastards". If a big company with deep pockets sues a little guy, slashdotters will jump and yell "bastards". If there's ever a dispute over a domain name and a large orginization is involved, Slashdotters are quick to yell "bastards". Sure, alot of these guys are bastards (I'm not Microsoft fan), but it's pretty imporatant to at least try and learn the facts before taking sides.

      BTW -- if it's not immeadately clear from the post, IANAL.

      --

      -Turkey

    5. Re:Microsoft BUYS EM out by someonehasmyname · · Score: 2, Insightful

      Disclaimer: I don't want to sound like I'm defending Microsoft here, I hate Windows and despise MS's business tactics.

      IANAL, but I have been reading copyright/trademark law extensively lately. I'm helping a friend legally secure his band name, as well as exclusive use of the name on t-shirts, posters, stickers, etc. All of that is in the realm of Trademarks, more specifically, a subset called a "Service Mark."

      "Microsoft" is a trademark. Trademarks aren't like Copyrights. If a trademark owner knows someone else is violating their trademark and doesn't do anything about it, their trademark can be REVOKED. Where with Copyright, you can ignore someone violating your copyright if you want, and it's still a valid copyright.

      I don't agree with Microsoft's tactic of waiting for a counter-offer so that they could bring out the big guns, but they had to make an effort to notify Mike Rowe that they believed he was in violation.

      Aside from the legal aspects, you and I both know he only used "soft" in the name because it'd sound exactly like "Microsoft."

      --
      Common sense is not so common.
  3. Say what you will about MS... by Nijika · · Score: 5, Insightful

    This is a good way out for both parties, really. While I don't dig Microsoft going after anyone for a domain name, it's a known tactic to squat on "near miss" domains. Usually the speculators aren't bright eyed 17 year old kids, and that tactic would be suitable for the usual bottom feeders. In this case though, where they clearly want to quash that domain, but not cripple some poor teenager, I like this.

    --
    Luck favors the prepared, darling.
    1. Re:Say what you will about MS... by MP3Chuck · · Score: 3, Insightful

      I would hardly call MikeRoweSoft.com a near miss. He obviously took advantage of his own name so that it SOUNDED like Microsoft... but to think that his intention was to dupe people into "accidentally" getting to his site is a bit absurd.

      Aside from that, I don't see how his domain name could be copyright infringement anyway. Unless MS somehow owns copyrights on any word or phrase that sounds like Microsoft...

  4. Re:He's got a great chance to make something of th by Cyclopedian · · Score: 5, Insightful

    He's only 17.

    Let him have his XBox fun, and some college life to go with it. If he should focus on being all business now at that age, he might grow to regret it later in his life.

    But I agree: it's a chance to build some positive ties that he can use to network his way into a job after college.

    -Cyc

  5. Re:aka... by yintercept · · Score: 2, Insightful

    Microsoft has always been adept with the distribution of carrots...how else do you think they've been able to steer their firm through the treacherous waters of antitrust lawsuits.

    Here, Mr. Judge, is a big diamond studded gold carrot. Here, Mr. Senator, can I help you with your campaign funds...

  6. Foster his interest in WHAT? by jrumney · · Score: 3, Insightful
    We wanted to do this in a way that's going to foster his interest in technology

    Shouldn't that be foster his interest in Microsoft?

    I mean come on, an X-box? An MCSE course? And I bet the migration to another webserver has to be to IIS and all.

  7. Re:XBOX?!?! by Chess_the_cat · · Score: 4, Insightful

    Who cares what the developers think? The Xbox is definitely not the favorite console of the people playing games. And to mangle a quick quote from Maddox, saying the Xbox has the best graphics and therefore is the best console is like saying that since I painted this picture with the best paints, I must be the best artist.

    --
    Support the First Amendment. Read at -1
  8. Re:aka... by Anonymous Coward · · Score: 1, Insightful

    "how else do you think they've been able to steer their firm through the treacherous waters of antitrust lawsuits."

    Yeah, remember how they got the Justice Department to drop their lawsuit before it got to court. Oh, wait ...

  9. Why not from the beginning? by Rufus211 · · Score: 2, Insightful

    What I don't understand is why Microsoft didn't do this from the beginning. They send a legal threat and find out they're dealing with some kid. Instead of turning around to sue the hell out of the kid if they had just offered this from the beginning there would never have been any story and this would be a complete non-issue.

  10. Re:XBOX?!?! by Anonymous Coward · · Score: 2, Insightful

    Gamespot.com also always claims

    Dude, I don't know where to start to point out what's wrong with your post and your brain...

    When you enter "biased" and "I feel lucky" at google chances are high that it will take you straight to gamespot.com and their latest XBox homage.

    You certainly never spend time in front of all these consoles but you try desperately to us that the XBox (you know it's just a inferior PC that hardly runs Linux) is superior and rules the world (except Japan, Europe, and pretty much the rest outside the US).

    Get gamespot.com out of your head and _try_ to form your own opinion.

  11. Re:XBOX?!?! by mrm677 · · Score: 2, Insightful

    It really comes down to games. However most developers are increasingly writing their games using cross-platform toolkits so that they can penetrate all three markets. And according to the people I know, Xbox performs the best. Gamespot.com corraborates this.

    So unless the few games that are console-exclusive are really what matters to you, or some tangible things like form factors, then the only difference is graphics/gameplay quality and smoothness. And XBox wins here for most cross-platform games.

    Using your paint analogy, if an artist draws the exact same picture multiple times using different paints, then the superior picture will be the one that uses the superior paints.

  12. Re:What if FOX did this? by Anonymous Coward · · Score: 1, Insightful

    Hmmm, perhaps satiric speech is protected speech?

  13. "You have the right to retain dumb consumers" by Anonymous Coward · · Score: 1, Insightful

    So how far would they be allowed to go if his full name was Mike Rowesoft? What limit do we put on the price of preventing so-called consumer confusion?

  14. Re:aka... by firstadopter.com · · Score: 2, Insightful

    Seriously they are the best at settlements. Remember how they offered all that software to the States... Microsoft s/w! We give it away for free so we I can lock you in the future!

  15. Re:Arrgggh! by md65536 · · Score: 2, Insightful

    Yeah.

    "Ha! He took the bait! He said his site was worth $10000 to him! Now his ass is ours! Let's eat his soul!"

    "Oh wait! The public is actually sympathizing with this monster? Let's give him an xbox! Make sure to get some nice press photos of us and our new best friend."

  16. Re:XBOX?!?! by Anonymous Coward · · Score: 1, Insightful

    Hey asshole, I have friends and family who write console games for a living.

    Can you spell "irrelevant"?

  17. One more destined for our camp? by miffo.swe · · Score: 2, Insightful

    I myself being a highly trained at Microsoft products was what made me realixe just how plain stupid they are sometimes. Having knowledge in linux before i started training Windows 2000 server made me understand that linux does many things easier for an admin. Account management is a breeze in linux as opposed to the nightmare of managing domains, AD and security principles (barf!).

    The more he reads about MS stuff the more the kid is going to understand that there are much better and faster ways of doing things.

    Pople who tend to stay at the MS camp is often people who dont quite understand what happens behind the bells and whistles.

    Typing this away at my 25th reboot installing a frigging client machine Running W2k after having installed a fully fledged Linux Terminal Server with 1 (one) reboot.

    Aww, these moments make me appriciate the awkwardness of VI.

    --
    HTTP/1.1 400
  18. Biased Against M$ by bhima · · Score: 5, Insightful
    Come on guys! I use Linux at home, hell I even use NetBSD on my QUBE 2, I'm Pro Open Source and Pro Free Software as much as most of the folks here.

    But be honest! if this had been Gentoo, SUSE or any other Linux oriented company, giving this kid crap lying around in the marketing department would have been applauded.

    What the hell did you expect MS to give him?

    Redhat certified engineering courses? A free G5 Powermac with Steve Jobs' Autograph?

    Get real! Finally MS is doing the right thing (TM) and you STILLwhine!

    Now lets talk about XML patents!

    --
    Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
  19. But what about Hotmale.com? by zakezuke · · Score: 5, Insightful

    Mike Roe Soft is indeed a soundalike to mic-ro-soft, on this point you can not debate. It took me a second after reading it to make the sound connection, what the hell does Mike Roe have to do with Microsoft, who is this Mike Roe person, what the hell does Micro.. oh yea....

    Hotmale.com is a much closer soundalike, and a hell of alot more likely to be a miss then mikeroesoft.com. Haven't you been in an office and had people yell "I was just checking my mail and I'm getting gay porn popups from hell".

    Why doesn't Microsoft go after sites that offer gay porn rather then products for the microcomputer? After all... some people might be offended by gay porn popups from hell, and might learn to associate Microsoft's mail service with gay nakid men.

    --
    There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
  20. Re:aka... by Anonymous Coward · · Score: 1, Insightful

    Linux may be given away freely, but you sure have a better chance of it remaining free in the future. With MS, the first hits free, then your MS's b*tch.

  21. Re:No name change? by GeckoX · · Score: 4, Insightful

    No, because then that would be a Trademark case.
    MS wasn't charging him with that because they knew that they don't have a case there, they'd lose hands down. They played the prove-he's-a-domain-squatter card on him.

    Big difference.

    However, now that Mike Rowe has caved to MS, should he try to continue a company under the same name, MS will have HUGE ammunition in a trademark case because Mike Rowe has essentially admitted to attempting to profit off of a name similar to Microsoft...

    Man, that little turd's done all kinds of damage by caving to them.

    --
    No Comment.
  22. Re:Arrgggh! by firstadopter.com · · Score: 2, Insightful

    I think he would of gotten his $10K if he held out. But he probably got a few thousand worth of Microsoft goodies + a visit to Redmond isn't 1/2 bad.

  23. I think this is big....here's why by andy_geek · · Score: 3, Insightful

    Micro$oft never changes their mind, never yields to public outcry, no matter how outrageously far they might have overstepped any particular line. In fact, as a company they've always sort of delighted in the fact that they didn't have to make decisions based on practicality and expediency: they've always wanted to world (read, competitors) to understand that they will do what they want, when they want and to whom they wish to do it.

    So, I think it's a pretty big thing when the Redmonster backs down, even over something this silly (and arguably, that they had no claim to in the first place). No, this is not like them apologizing to Apple for stealing-and-ruining their OS (or, to be fair, like Apple doing the same to Xerox-PARC) or changing their mind on just how hard it actually would be to de-couple the browser from the OS, but I think it's an indication of a subtle cultural shift. Maybe it was Ballmer's off-day?

    In addition, I commend young Mr. Rowe for taking as much out of them as they'd give, even if their motives were PR-driven rather than a sincere wish to right a wrong. Besides, the more experience he gains with ASP/.NET, the more he'll realize he was smart to be heading in the direction of PHP to begin with. *snicker*

    --
    "Don't matter how New Age you get, old age is gonna kick your ass." - Utah Phillips
  24. Re:XBOX?!?! by kisrael · · Score: 2, Insightful

    You know, you can buy an adapter to allow you to use more controller ports for games that support it on the PS2. Just like how you can buy a remote to watch DVDs on an X-Box.

    Yes, but I have pet theories that by requiring users to buy an extra piece of middleware, roughly the cost of a controller but with no other tangible benefit, far fewer game companies put 4 player modes into their games then would if it was 4 ports in the basic hardware.

    --
    SO YOU'RE GOING TO DIE: The Comic for Dealing with Death
  25. Re:XBOX?!?! by LilMikey · · Score: 2, Insightful

    They said foster his interest in technology...

    Xbox is definitely the piece of equipment to have. Linux, MythTV, emulators, media players... screw games.

    --
    LilMikey.com... I'll stop doing it when you sto
  26. Looks like Mike did the persuading by greygent · · Score: 4, Insightful

    The CNN article doesn't say that Microsoft wooed him over with this set of cash and prizes. and judging by what the prizes are, I'd wager that Mike set these terms, and Microsoft said "okay".

    A win-win situation for both parties involved.

  27. Umm. Still Not resolved! by AwesomeJT · · Score: 2, Insightful
    C'mon! They just swept the issue under the rug. The bought out a poor kid -- probably scared to death over the thought of being sued by the Almighty Bill. But the real issue still has not been resolved! Did he really do anything bad or is just M$ trying to take over the world again?

    How is this no different than Lindows? Very similiar names, and they probably chose the name because of the closeness to a popular product of M$. Sure, you can argue that point, but can M$ patent/copywrite words that sound similar to their name or products?

    Darn. I was hoping the kid would counter sue. Although, I can't blame him. I would probably sell out too -- but since I already have an XBox -- I would hold out for the $1M instead.

    --
    SPAM solution made easy: 1 spammer, 5 cords of rope, 5 hourses, and fireworks. Be creative.
  28. What really happened by bonch · · Score: 2, Insightful

    Schmuck: Some kid named their group "Mike Rowe Soft."

    Schmuck's Manager: He's riding the coattails of our trademark. Legally, we have to get him to stop.

    Legal: Please stop using this or we will be forced to puruse this legally.

    Mike Rowe: $10? This is worth $10k.

    Legal: You're setting a price? We owe it to our shareholders to pursue this.

    Mike Rowe: Oh, crap! I didn't realize trademark law existed! Could we settle?

    Legal: Sure. Here's some cool stuff if you change your domain name like we requested in the beginning.

    Mike Rowe: Cool, thanks!

    Slashdot: M$ IS RAKING A 17-YEAR OLD OVER THE COALS!!!11

  29. Re: Put your ear to the ground for early warning by old7 · · Score: 3, Insightful

    See, it is only funny to those with asthma. Everyone else assumes that it is offensive. What a world we live in.

  30. Re:This is a NON-STORY--here's why by bonch · · Score: 2, Insightful

    Even though it's good business policy to protect your trademark, that does not give your business some exclusive right to other words that are pronounced in the same way.

    Yes, it does. Mike Rowe calling it "Mike Rowe Soft" was an obvious and intended play on Microsoft.

  31. Re:This is a NON-STORY--here's why by lowe0 · · Score: 2, Insightful

    Actually, he said it was an intentional play on it. Hence, there went a large portion of his defense.

    The kid may be getting some technology training from MS, but the real lesson here is to keep your mouth shut and let a lawyer do the talking.

  32. the only reason by CAIMLAS · · Score: 2, Insightful

    the only reason they gave him an xbox at all is because it cost them less to give it away than to sell it, after the tax write off.

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
  33. Heres an idea! by Anonymous Coward · · Score: 1, Insightful

    Has anybody thought of how funny it is that Microsoft is suing a guy named mike, considering that in their commercials they talk about how they encourage "Michael and all his potential". Could a satirical counter commercial like moveon.org did of bush be far behind?