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Microsoft Agrees Settlement Over MikeRoweSoft.com

Posted by ryuzaki0 on from the all's-fair-in-love-and-war dept.

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."

26 of 689 comments (clear)

  1. Grammar Nazi strikes again! by Limburgher · · Score: 5, Funny

    How exactly does one agree a settlement? Isn't that a bit like setting up someone the bomb?

    --

    You are not the customer.

  2. aka... by jaden · · Score: 5, Funny

    "Microsoft pulls stick out of ass... finds it makes for better PR when carrot is tied to it"... I smell an innovation patent coming.

    1. Re:aka... by Evil+MarNuke · · Score: 5, Funny

      That's funny.

      I pictured a monster sized bully beating up a kid in an ally way. Then, a small boy seeing what's going on runs off to tell a large hurd of nerds who comes running in masses. The monster is cought red handed hurting the poor kid with about 50k anger nerds and geeks watching. Quickly the monster reaches into it's deep pockets. Opps, he left the wallet at home, but he finds some chomp change and a few other goodies. He then stand before the nerds and says "This was all a big misunstanding. I was, umm, about to give him, umm, this pocket full of change, my game console, training at my enslav, I mean, training camps, in trade for his website."

      "See," moving the boy head, "he has agreed to take my offer, so can we please forget about all of this?"

      --
      The journey is better then the end.
    2. Re:aka... by devross · · Score: 5, Funny

      ...about 50k anger nerds and geeks...

      Gotta watch those anger nerds man. They're seriously dangerous. You can tell they're coming too because of the high-pitched nasal "war whine" they make when they're about to attack.

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      If these walls could talk they'd probly still ignore me. --MF DOOM
  3. XBOX?!?! by phunhippy · · Score: 5, Funny

    Cheap bastards could'nt give him a decent console like a PS2 or GC... now the poor canadian guy is stuck on Halo all day!!!!

  4. compensation? by PatrickThomson · · Score: 5, Funny

    MSCE training? Jesus, I didn't know they were going to be that hard on him

    --
    I am one of many. My idea is not unique, nor do I expect my voice alone to sway you. I speak in a chorus of opinion.
    1. Re:compensation? by Anonymous Coward · · Score: 5, Funny

      Being a Minesweeper Expert and Solitaire Consultant isn't that bad.

  5. One more thing... by patricksevenlee · · Score: 5, Funny

    Don't forget the, "I got sued by Microsoft and all I got was this stupid shirt" t-shirt :)

  6. 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...

    --
    Best Community for Gaming and Gadgets!
    1. 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.

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      -Turkey

  7. Moving site to MikeRoweHard.com... by tbase · · Score: 5, Funny

    ...I'm sorry, that was just plain wrong.

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    666-607: 6th floor apartment of the beast
  8. Re:Arrgggh! by DRUNK_BEAR · · Score: 5, Interesting

    Yes, but since he had fallen in the trap of offering to sell the domain for a good amount of money, he was pretty much done for. This is probably the best option he could go for, but I have to agree that it would have been interesting to see the developments of this story if Mike had chosen otherwise.

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    DrkBr
  9. 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 malfunct · · Score: 5, Interesting

      mikerowesoft is not a near miss. Its a very far miss at best, plus its his own damn name. I think MS was sort of out of line on this one, though he provoked them by posting (at least some at the time I saw the site) anti-MS content on the site. Shows that corporations (whether legally or though monetary means) are far more powerful than any individual which may not be a good thing.

      --

      "You can now flame me, I am full of love,"

  10. 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

    --
    /.'s 10 Millionth
  11. They'll be coming for me next by Anonymous Coward · · Score: 5, Funny

    I have never forgiven my parents for naming me Windows Crashes Too Much Jones.

  12. With any luck... by UnixRevolution · · Score: 5, Funny

    He'll mod the X-box and run linux on it.

    --
    You like your new Mac more than you like me, don't you, Dave? Dave? I asked...She said Yes.
  13. Microsoft finally did it right by kitzilla · · Score: 5, Interesting
    Microsoft seems to have realized there was a good way out of this. Now they've protected their (rather bizarre) trademark claim without creating the appearance that they'll pay cash to domain squatters.

    Master Rowe gets a nice toy or two, and has a career track ahead of him.

    In the end, everyone smiles but the lawyers. Good.

    --
    This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
  14. That It! by sherpajohn · · Score: 5, Funny

    I am changing my name to Winifred Dowes (the fact I am male is not relevant!). All my friends will now call me Win, please.

    My new Domain is gonna be WinDowesHome.com

    Will I get any games with my x-box?

    --

    Going on means going far
    Going far means returning
  15. Re:Arrgggh! by LordK3nn3th · · Score: 5, Interesting

    That doesn't mean it was in bad faith, like MS claimed. The kid had an actual business running. He simply decided to make a counteroffer when they came up to him. Had they not, he would've run the site all the same. He wasn't cybersquatting

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    ---
    Never criticize religion on Slashdot. You will be modded down for "Troll" no matter how factual it is.
  16. What about MyCrowSoft by serutan · · Score: 5, Interesting

    Probably already been posted, but I wonder how these guys are managing to survive.

  17. 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.
  18. 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.
  19. Bah... Big Company Mechanics by Dr.+Evil · · Score: 5, Funny

    Shmuck: "Hey look, this guy's got a clever domain"

    Schmuck's manager: "This guy's ripping us off"

    Schmuck's manager's manager: "This could ruin us, rake him over the coals, call legal"

    Legal: "Hmmm... let's ask him to stop and see if he demands money"

    Mike Rowe: "$10? Are you nuts? That's not worth the hassle, not for something like $10k would I do it"

    Legal: "Congratulations, you're a cybersquatter, cease and desist or die."

    Mike Rowe: "Wow, these guys suck, I'm going to the press."

    Press: "Clippy slices 17-year old's jugular"

    Microsoft PR: "Holy shit!, get Bill's lackey, get Legal!"

    Bill's Lackey: "Geeze man, Legal, back off. PR, give the kid what any reasonable 17 year old would want for the hard work he's put into his domain. And throw in some extra stuff... not so much to make it profitable though."

    Marketing: "and get some brands into the press"

  20. Re:Foster his interest in technology? BAHAHA by Paleomacus · · Score: 5, Funny

    We all know what a software festival at Redmond means. He'll spend 6 days and 7 nights in a re-education and brainwashing resort.

  21. This is a NON-STORY--here's why by bonch · · Score: 5, Informative

    Once established, a trademark must be "policed" to maintain rights. If you allow your mark to become synonymous with others' goods or services, you run the risk that your trademark rights will be lost because the name may be deemed to have become "generic" and, thereby no longer identifies a source, but a good or service available from several sources.

    From http://www.mit.edu:8001/activities/e-club/8.html