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."

Comments

He's got a great chance to make something of this.

[djh101010]

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.

Microsoft BUYS EM out

[firstadopter.com]

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...

Re:Microsoft BUYS EM out

[jrumney]

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.

Re:Microsoft BUYS EM out

[j-turkey]

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.

Say what you will about MS...

[Nijika]

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.

Re:He's got a great chance to make something of th

[Cyclopedian]

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

Re:XBOX?!?!

[Chess_the_cat]

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.

Biased Against M$

[bhima]

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!

But what about Hotmale.com?

[zakezuke]

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.

Re:No name change?

[GeckoX]

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.

Looks like Mike did the persuading

[greygent]

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.