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January 20, 2004MikeRoweSoft reactionMicrosoft's effort to make a Canadian teenager named Mike Rowe stop using the domain name "mikerowesoft.com" for his small business has garnered widespread coverage, even earning a mention on NBC's "Today Show" yesterday morning. A sampling of the reaction:
Update, 11 a.m.: There are now indications that Microsoft may be loosening its position. Company spokesman Jim Desler just gave us this statement, echoing what the company told ZDNet earlier today: "We take our trademarks seriously, but in this case maybe a little too seriously. It’s important to recognize that under the law companies are required to take this type of action to protect their trademark against widespread infringement. But that said, we appreciate that Mike Rowe is a young entrepreneur who came up with a creative domain name. We’re currently in the process of resolving this matter in a way that will be fair to him and satisfy our obligations under trademark law." Comments
If Mike Rowe isn't careful, MS will not only buy his domain name, but will buy Mike himself along with his family, all the land they stand on, and everything they have touched, and then hit the delete button. I do not understand why he is considered to be infringing on the Microsoft name. Nobody intending to reach the Microsoft web site will "accidentally" type in MikeRoweSoft.com. What is the legal basis for Microsoft's complaint? Somebody who knows (not just some wannabe lawyer) please enlighten me. Posted by: Scott Swanson at January 20, 2004 10:46 AMExplain to me how the domain mikerowesoft.com threatens in anyway shape or form the lumbering, dimwitted giant called Microsoft? Microsoft is continuing to prove what we have all known, they want to be the only pigs who can feed at the trough and they throw a tantrum if things don't go their way. They profess innovation but take inordinate steps to squash any if they feel it doesn't benefit their pocket book. And to all you people who maintain that Microsoft "has" to defend their trademark you know as well as I that is a load of dung. Stop buying into Microsoft's marketing machine. Posted by: Dino Gelato at January 20, 2004 10:53 AMOf course Microsoft is going to treat Mike Rowe with disdain, contempt, and little regard for anything other than thier own interests. He is, after all, a consumer of thier products, yes? Why should they approach Mike Rowe differently than any other Microsoft consumer? Posted by: Ex-Microsoft User at January 20, 2004 10:53 AMI like fruit Posted by: zelda the one eyed mule at January 20, 2004 10:55 AMThe domain is the kid's name...Just because it phonetically sounds the same as microsoft is meaningless, in my opinion. Signed, I thought the test of copyright infringement was that it had to pose a threat to the copyright holder's ability to continue to earn a living from the copyright, because the alleged infringement created confusion in the public mind. MicroSoft Inc can hardly be said to be threatened by the existence of a "MikeRoweSoft" for the simple reason that no one but a congenital idiot would confuse the two. (With apologies to congenital idiots everywhere.) It recalls the episode in Canada when the Calgary Olympic Organizing Committee went after everyone in the country who had -- for no matter how long -- anything even vaguely "olympic" in its name. In Ottawa, they met their match in an old Greek who had been running a restaurant called "The Olympian" for decades. Turns out he is from Olympus, Greece and named the restaurant, in effect, after himself. The COOC came away from that one looking like fools and the Olympian remains happily in business without having threatened the Calgary Winter Olympics' ability to make a buck. MicroSoft really needs to add a threat assessment team to its stable of overpaid lawyers before simply pushing the "launch" button on its litigation missiles. Scott Swanson: The dialog in a recent movie comes to mind here. "I'm big - you're little. Its the typical big guy/little guy on the playground all over again. Micro$oft can do whatever they want. Even the Federal Government can do nothing to stop them, right? Posted by: Roger Born at January 20, 2004 10:56 AMI agree with Microsoft, they have to protect themselves by stopping the little guy before it becomes a larger issue with a real company. Microsoft has created a product we all wish we had, and in doing so has stirred the envy of many such as that of Jeff and his dreams of Linux overtaking Microsoft. If we look at the big picture we see with the help of Microsoft we have been able to create jobs, and technically advance I fail to see how Microsoft has any sort of case here. Mike Rowe did little more than add the word "soft" to the end of his name, which has very little to do with Microsoft outside of phonetics. Last time I checked, copyright law did not encompass phonetic infringement. To me, this just shows Microsoft's long-standing bully tactics have continuing merit. The kid added "soft" to the end of his name and compromised absolutely nothing about Microsoft's earnings, profits, or business structure and plans. Microsoft should save face and settle out of court. Posted by: Carter at January 20, 2004 10:58 AMThe law here is murky. If Mike Rowe had applied for a trademark or tried to register a corporate name in the US with MIKEROWESOFT as the identifier, he would have been turned down; not because of the spelling but because of the sound AND the fact that he and Microsoft are in the same business; i.e. software. However, he is canadian, and it is unclear if MicroSoft's claims have any validity in the canadian courts, or if there is any WEB regulation that covers non-trademarked domain names. None the less, he, his family and all his descendants for generations to come will be financially impoverished as a result of the corporate stupidity and arrogance of our Seattle meritocracy. Unless I am mistaken, this whole thing could have been settled quietly for less money than it has already cost Microsoft. Someone in Seattle should be fired over this one. Posted by: Tom at January 20, 2004 11:00 AMDid Mike Rowe decide to name himself "Micro", after Microsoft? Get real, greedy Microlimps! Pay the boy a real fee if you want to steal HIS name. Posted by: G.R. Hager at January 20, 2004 11:00 AMAmong several bases for the complaint, I believe their most likely claim will be that the domain name will cause "dilution" of Microsoft's trademark. As an example of the general argument, consider a conversation in which a speaker utters the sound "my-crow-soft". The distinctivness of the trademark may gradually diminish, as people may wonder whether the speaker was referring to Microsoft the computer company, or Mike Rowe Soft. This is in contrast to a world in which there is only one well established trademark of Microsoft, where people immediately know what company is being referred to. I hope this make some sense. -A US Intellectual Property Attorney (a real one) Posted by: Heileson at January 20, 2004 11:00 AMWell, guess it would be easier to feel sorry for this "kid" if if the whole point of using MikeRoweSoft wasn't to take advantage of another trademark. Sure, I think our intellectual property right laws are all screwed up and that they are skewed towards large corporations. But this smart-alec that is trying to be the "little guy" against goliath knew what he was getting into. This myth of the boy genius computer wiz doesn't help. While many want to embrace the notion that youth represents a higher form of creativity and the ultimate in computer knowledge and development, the facts speak otherwise. While I don't particularly support Microsoft, this dumb young computer hack might finally learn what computer technology really is -- BIG BUSINESS! Posted by: Bogey Bear at January 20, 2004 11:01 AMContrary to the opinion of the 'authors' of the various articles cited, legally, MS is on tenuous footing at best. The legal standard for trademark infringement is likelihood of confusion. First and foremost, domain names are not trademarks, they are addresses, a registered trademark does not give you a right to that domain name (contrary to the wishes of large corporations). Second, who would confuse MikeRoweSoft.com with Microsoft?? Nothing. Microsoft is a fairly sophisticated software company; Mike Rowe is a college student. The legal standard asks whether a reasonable purchaser would likely be confused as to the source of the product: i.e., would that "reasonable purchaser" confuse MikeRoweSoft with Microsoft. The answer, at least to me, seems to be "no, that's absurd." To all those who insist Microsoft is "protecting" themselves, I ask "Protecting themselves from WHAT?!?" There's no chance that the average consumer is going to confuse this guy with a multinational conglomerate from a different country. Posted by: A different Jeff at January 20, 2004 11:01 AMOk, the kid may be on the wrong side of this issue technically. But the real bone head move was Microsoft’s knee jerk reaction to the copyright infringement. Right or wrong, the negative press on this situation just exacerbates the already sore feelings many have toward the company’s business practices. Free advice for Microsoft: Trade the kid a new computer filled with Microsoft software; not as a buy off, but as reward for his clever inventiveness. It will put a good ending spin on a sour story… Posted by: Derek at January 20, 2004 11:02 AMbig new channel should take a hold of this story on the kids side and sink microsoft corp it all can be done yes media is a powerful tool Posted by: spince at January 20, 2004 11:03 AM
I say, GO KID! Everyone is loving how ham-handed and clay-footed the lumbering software monopoly is showing itself to be. How hilarious. MSoft.com is so creatively responding to this simple matter! Posted by: Human Being at January 20, 2004 11:03 AMTo follow up on the dilution comment; Microsoft (after the Victoria Secret case) will have to prove ACTUAL dilution (not just a LIKELIHOOD of dilution). Which clearly isn't the case here. Posted by: A different Jeff at January 20, 2004 11:04 AMMicrosoft offered to buy the domain from Mike Rowe for approximately $10. This was about what Mike Rowe's costs were. When Mike Rowe responded that he would be happy to sell the domain to Microsoft for $10,000 he basically set himself up as a cybersquatter. A precedent has been set which dictates that cybersquatters lose all right to domains that they have purchased with no intention other than profiteering. It was intended to protect corporations and individuals from having to pay exhorbitant fees to purchase domains that they would have been able to purchase at a normal price if it weren't for the aforementioned cybersquatters. In this case, I think that the precedent should be ignored. There is no way anybody is going to confuse mikerowesoft.com with microsoft.com. Individual rights should be protected with as much vigor as corporate rights. Posted by: Roy Handy at January 20, 2004 11:04 AMIf Mike Rowe were marketing an operating system, or software program called MikeRoweSoft Windoz, Microsoft would be right to challenge him. In the present case, Microsoft has no valid complaint. No intelligent person at Microsoft could possibly think that Mike Rowe is a threat to their corporate identity. I think Mike Rowe has created a clever name for his domain, nothing else...and he is now famous for it, thanks to Microsoft. Posted by: Jim C at January 20, 2004 11:04 AMChrist, it's only a freakin domain name. If microsoft is worried about people mistaking mikerowesoft for microsoft, ask the kid to simply put a freakin link on his website. Damn, just cause one anal-retentive nerd over at microsoft gets a bug up his ass.... It's the kids name...doesn't he have more rights to mikerowesoft than any money hungry a$$ over at micro(we rip you off)soft? Posted by: Henrik at January 20, 2004 11:05 AMWyn Doe's Software Please check out my new program, "4-5-6 Accounting" for small business. Posted by: Wyn Doe at January 20, 2004 11:06 AMI hope that Microsoft really stick it to the entire Rowe clan. They are obviously a heinous bunch of criminals and their rights mean nothing in the face of Microsoft or Federal stipulations. As a matter of fact, Bill Gates should be president of the free world, and his life should be an example that we should all raise our childern by. Perhaps Bill can get the Rowe's a death sentance. I don't believe sterilization will solve the problem as one of the Rowe's might pass an "idea" on and infringe further on Microsofts God given right to do whatever the hell they want. Posted by: Jackal at January 20, 2004 11:10 AMCual es el big deal? Is Microsoft coming after my site next? Posted by: Muy pequeño y blando at January 20, 2004 11:11 AMJust go to Nissan.com the same thing happened to a guy Uzi Nissan who had a bussiness site up and running in the early days of the net and before Nissan Motors ever thought of putting up a website. They may have even be Datsun back then. Posted by: Tuck at January 20, 2004 11:13 AMjust another example of big bank takes little bank. the 17yo isnt directing kids, or any other kind of traffic, to a porn site where he gets paid by the hits. if that was his intention were malicious, they would've been exposed way before now. with the media exposure micro$oft has gain on this, this proves to be a good example of a tantrum! Posted by: ex-m$ user at January 20, 2004 11:15 AMMike, don't just offer $10,000 for your domain, offer it with an increase each day of ... $1,000! Get Microsoft to either shutup or payup! (and you'll be $1,000 richer every day!) -- e Posted by: Eric at January 20, 2004 11:16 AMMS has made a mountain out of a mole hill. By trying to bully the kid with their corporate clout and big bucks, they have made Mike Rowe famous. And may be rich eventually :-) Posted by: L Man at January 20, 2004 11:17 AMI own www.garbage.com, i guess microsoft is going to be coming after me next Posted by: sun at January 20, 2004 11:18 AMRe: Jeff's Comments way to rage against the machine there buddy STICK IT TO THE MAN Posted by: Chris at January 20, 2004 11:18 AMWhy would they go after a 17 year old. No one will type in MikeRoweSoft.com and quite frankly I dont think anyone is stupid to mistake MikeRoweSoft for Microsoft. Why dont they go after www.microhard.com while they're at it? Posted by: Blaze at January 20, 2004 11:19 AMSince it's his name given to him by his parents I think he ought to be able to use it. It's not like he changed his name to Ronald McDonald and then started a hamburger chain. Lind Posted by: Lind Ohs at January 20, 2004 11:20 AMI think they should squash the little kid, he is a threat to national security and so is anyone with a domain resembling MS. All hail MS! www.mygrowsawpht.com Posted by: My Grow Sawpht at January 20, 2004 11:23 AMMike made a great site at www.wholycow.com TO ALL THE MICROSOFT proponents in regards to this case : GET A LIFE!!! We need more independent thinkers, creative people, and people who challenge the greed of companies like MyCrowSoft, Walmart, inRon, etc.... All you tech people who don't know anything except get caught up in your own little world, oh ya , let's not forget your all male group of pals.... FIX MY DAM PC...AND GO BACK TO YOUR HOLE.... I do use multitudes of software, no doubt, but as an individual I make my opinions to stand against idiots who live in bubbles... Keep fighting my friend! -Bobby Well, poor old Mike Roe is in for a bit of a surprise.... Legally, he owns a 'software' company that is ALL but too identical to the sound of Microsoft, which is ALSO a software company, as well all know. A lot of people may think that there is no harm in Mike's name, however it is... If MikeRoweSoft had a Cleaning company or sold collectibles or something similar, he would be OK....however, the suffix "soft" would be fought and won by microsoft in court - no need for the soft. Not only is Mike Rowe going to be sued and LOSE to Microsoft, but Microsoft can have Mike Rowe PAY reasonable attorneys fees and costs TO Microsoft for going after this matter in court. This really is a no brainer... Posted by: Abe at January 20, 2004 11:29 AMwholycow.com ? are they related to that big islamic business, holycow.com ? RUN MIKE! Posted by: ophise twokayx at January 20, 2004 11:29 AMif they manage to sqash you kid.... ill hire you. Gil Bates if they manage to squash you kid.... ill hire you. Gil Bates I'm not a lawyer, but I'm pretty confident that even I could win this case siteing legal precident. There have been plenty of celebrities who have been fighing in the courts and winning the rights to their names from squatters who bought domains up just to redirect people to Celebrity Entertainment as of recently. If Carmen Electra is now legally allowed rights to "carmenelectra.com" and can send Celebrity1000 a ceast & desist order, well then, Mike Rowe has every right to use "MikeRoweSoft" because the domain encorporates the use of his name which he has every right to. Bill Gates may own Microsoft, but he don't own Mike Rowe. Posted by: A Nonnie Mouse at January 20, 2004 11:31 AMI'm curious if I name my son Microsoft does that mean he will be ordered to changed his name by the court if Bill decides to sue? Posted by: Steve at January 20, 2004 11:31 AMLinux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, Linux, I think Microsoft needs to chill in a big way- I agree with averyone who said that his domain will in no way cause Microsoft customer confusion nor will cause dilution of Microsoft's trademarked name. But more importantly- this is a dispute about Trademarks and domain names, NOT copyright! You do not copyright a corporate name, only "works", defined as basically any written thing, be it music, poetry, the script to a movie, a book, a collection of such works is also considered a work unto itself. Corporate names, logos, and identifiers can be registered as Trademarks which means another company in the same business as you cannot use it. Corporations, being greedy, often get around this last point with the argument of "dilution"- that their investment in obtaining and promoting a trademark is being diluted by some other use. Thank you to the poster who noted that actual dilution must be shown to win this way, not just the fact that dilution might happen. But remember- this has NOTHING to do with copyrights. Happy posting! Posted by: Stuart at January 20, 2004 11:32 AMI think Microsoft needs to chill in a big way- I agree with averyone who said that his domain will in no way cause Microsoft customer confusion nor will cause dilution of Microsoft's trademarked name. But more importantly- this is a dispute about Trademarks and domain names, NOT copyright! You do not copyright a corporate name, only "works", defined as basically any written thing, be it music, poetry, the script to a movie, a book, a collection of such works is also considered a work unto itself. Corporate names, logos, and identifiers can be registered as Trademarks which means another company in the same business as you cannot use it. Corporations, being greedy, often get around this last point with the argument of "dilution"- that their investment in obtaining and promoting a trademark is being diluted by some other use. Thank you to the poster who noted that actual dilution must be shown to win this way, not just the fact that dilution might happen. But remember- this has NOTHING to do with copyrights. Happy posting! Posted by: Stuart at January 20, 2004 11:33 AMI think Mike Rowe should legally change his name to Li Nux. Posted by: just some guy at January 20, 2004 11:35 AMKeep fighting my friend! -Bobby response to the useless comment Posted by: T- Mac Ware Why the harsh statements against Microsoft and Corporate America? You speak so highly of the 'little folk', but your post seemed too garbled to really make any sense of your stated issue. Please attempt at elaborating, if English is your primary language...Otherwise, I don't care about your french problems. Posted by: Abe at January 20, 2004 11:37 AMi luv how computer/ internet illiterate the general public actually is. Posted by: doug at January 20, 2004 11:38 AMIf you think that the Microsoft/MikeRoweSoft battle is bad, a California lawyer just registered a new patent for the WHOLE BLOOMIN' WWW NAMING SCHEME and is now pressuring Network Solutions et. al. See http://geek.com for an article and reply blog. BTW, namesdirect.com has had the ownership of I'm gay Posted by: Bike Road Soft at January 20, 2004 11:41 AMMicrosoft is now being sued by HBO and the Soprano's for acting like Big Pussies. Posted by: Ray Davies at January 20, 2004 11:41 AMLook closer. It's all about the lawyers making money by creating problems where none exist. They're the real winners in these types of situations. Take the Exxon Valdez oil spill of 1989. Exxon still hasn't paid their fine (been under appeal for over a decade now), and whole thing has supported an entire generation of lawyers. Posted by: Eric Wadsworth at January 20, 2004 11:42 AMI feel for each and every one of you in your personal opinions for or against Microsoft. T-Mac Ware, get a life -- not all of us techs feel anything at all for Microsoft (in fact, most of us don't like Microsoft at all). If I weren't doing what I'm doing, I'd be doing something else, so I owe nothing to Microsoft for my abilities. Most of you are missing the point, though. The law is the law. Doesn't matter what you think or if you agree, it is what it is. Period. Geez, I thought democracy was alive and well -- well except for the George Bush is President part. Posted by: Bill at January 20, 2004 11:43 AMI think Microsofts Claims are ridiculous. They are truely big brother. I dare someone to get cheeky and register: www.MYCROWSOFT.com Haha sounds the same but its a frickin bird. Posted by: Kevin Chuka at January 20, 2004 11:44 AMMike, I think that m$ is just jealous of your web design skills. Posted by: mz_informed at January 20, 2004 11:44 AMI'm off to buy gewgull now and see what happens. Posted by: Anthony Edwards at January 20, 2004 11:45 AMIf MS actually goes thru with this lawsuit, the money they could get from Mike Rowe, bankrupt his family, and all of the earnings of his web design company - it will be a drop in the bucket compared to what they spend in damage control on this issue. It's gaining huge national attention, and 95% of Americans will be cheering on this 17 year old kid taking on the big guy. Don't believe me? Look at the insane lawsuit settlements through the last decade and see.. the "person" almost always wins against the "company" when it gets press time. Either they get over it and let the kid go on, or they toss him some free MS software, maybe an Xbox and a PC, and pay for a new domain name for him. MichaelRoweWebdesign or something like that. Posted by: YaRight at January 20, 2004 11:45 AMIf Microsoft has a valid case against Mike Rowe, then could someone please explain to me why Mars Incorporated does not claim copyright infringement against EMINEM for their trademark of M&Ms. Posted by: Paul Taylor at January 20, 2004 11:46 AMThe name of the game is ABUSE OF POWER by Microsoft. Bill wrote: Ahh.. you must be one of the democraticunderground hive mind "I can't think for myself, and just regurgitate what others spew out of their pie hole in the forums" crowd. Posted by: YaRight at January 20, 2004 11:50 AMI applaud Micro$oft for another round in it's continuing routine of making its self look like a$$es. I hope the kid sues MickeySoft for harrassment and damages. Maybe someday they'll get around to 'fixing' their bug ridden, virus prone software. But then, I moved on to a better OS long ago so I don't ultimately care what happens to MickeySoft. Nowdays, i just sit back and laugh as another virus makes the rounds costing businesses and everyday people who use MickeySoft products millions (billions over time?) of $ to fight and block and to fix compromised machines. Posted by: Smitty at January 20, 2004 11:50 AMLinux will set you free. He should have chosen something other than soft to end his url. He knew full well the implications, he is a smart kid. He will get a nice little sum and go about his way. Posted by: Kim at January 20, 2004 11:51 AMI hate Microsoft. They squash innovation, and they are whiney bullies. After Iraq is mopped up, I'm going to send the 82nd Airborne to take Redmond. I'll pop that weenie Bill Gates right on the mouff! Posted by: George Bush at January 20, 2004 11:53 AMIt already exists... Domain Name: MYCROWSOFT.COM Created on..............: Thu, Feb 11, 1999 Intellectual Property ... I thought of it first !! How childish can we get ? Are these people over 11 years old ? Posted by: Mike Duncan at January 20, 2004 11:55 AMOn one side, we have the mindless corp. lovers saying that Microsoft has brought the world advanced technology. Well, first of all, Microsoft has very unethical business practices. From selling shoddy software (any Windows users will agree with me) to owning the purchaser of the software (Microsoft's products own you, you don't own them.), Microsoft has taken away something precious and innocent from the computer/software industry: Choice. On the other hand, there is the "Micro$oft" haters, spouting general noble sounding but empty "little guy vs big guy" comments, how Bill Gates is the Borg, blindly praising Linux/Unix and other nonsense. Microsoft products are a mix of good and bad, Win ME was asslike, but Win2k was alright (compared to win95/98/SE) and XP is ok also (my opinion). Linux and Unix are great, but they are a pain for end users or anyone wanting to participate in business. i.e. MS Word has become industry standard, it won't run in Linux/Unix (as far as I know). So issues like that prevent linux/unix and other non-microsoft OSes from being used widespread. In this case of Mikerowesoft, I think Microsoft is out of line. However, I also think that the teenager is somewhat enterprising and will use this opportunity to their advantage. Its a dog eat dog world, but the biggest dog is not necessarily the strongest. Posted by: Alfred at January 20, 2004 11:57 AMMicrosoft might have a point (somewhere), but that doesn't make it fair. Oh no!!!! It is his name, and he produces software, so if ms-police feel he is breaking the law, why are they not suing his PARENTS, for using a trade marked name, ITS HIS MOMMIES FAULT............ Posted by: mykrowsoupht at January 20, 2004 12:00 PMHow about those curious crow hunters in Arkansas? I hear they are making a crow call named "My Crow Soft"! Are those hillbillies going to get sued? What are they going to sue them for? A pitch fork and some wine from Altus? Posted by: WOW! at January 20, 2004 12:02 PMAll this kid needs to do is drag it out a little longer - costing Microsoft's legal and PR teams a lot of money. Seriously, they will spend thousands on this. Then, he should just agree to settle with them for the original offer of $10. Then, everyone's happy - Microsoft has their domain name, and the kid can feel good that he has cost Microsoft thousands. Posted by: Maya Crosovt at January 20, 2004 12:03 PMI think the most ridiculous part of this is that trademark law seemingly requires companies to pursue legal action for a name that only sounds similar. I can understand it when it comes to logos, but in this case, Michael Rowe has a right to use his name, and if it's anything like the way it works in Canada, he can also automatically use his name as a business name without registering it - as it's the base of his domain name in this case, you'd think he'd be protected a little from malicious laws and corporations. Posted by: Andrew Powell at January 20, 2004 12:04 PM"Linux and Unix are great, but they are a pain for end users or anyone wanting to participate in business. i.e. MS Word has become industry standard, it won't run in Linux/Unix (as far as I know)." Mac OS X runs Office fine. It's built on unix... I support all alternatives to windows! This case is going to be interesting. Posted by: Tobbe at January 20, 2004 12:04 PMIt's pretty funny that the richest, most influential company in the entire world, one that owns a significant percentage of the software market (and for all appearances wants to eventually own all of it) should feel threatened by a 17yo web designer. That's right, he doesn't design software, he designs websites. So there really is no competition, unless MS wants to get into doing that, too. Dilution of copyright? I'm sorry, but the reverse is true. MicroSoft has diluted nearly all aspects of our lives with their so called innovation. To feel that the name MikeRoweSoft will confuse anyone is to be pointing out their own arrogance and contempt for anything that remotely infringes on their "intellectual property." Why is MicroSoft so scared? Do they know something we don't? Posted by: S Carpenter at January 20, 2004 12:05 PMWhy is it so hard for you morons to understand what's going on??? Wow.... Microsoft has been around for a LONG time, in which everyone knows of their existence. Then there is some yahoo that buys the name "MikeRoweSoft.com"...What was he thinking? Stupid. Maybe there should be a common sense test before someone registers a domain name. Mike and his parents will lose big time against MSFT. If MSFT lets him get away with it, then everyone else can register...mykrosopht.com; microsft.com, etc. and requests funds as well.... Most of you people responding on Mike's behalf are brain dead.... I think Microsoft needs Hooked On Phonics. They have forgotten how to spell their own company's name! You have to be kidding, stop wasting your time on this and start making a decent and stable OS. Posted by: Seriously? at January 20, 2004 12:06 PMFirst - As has been adequately clarified here, the likelihood of trademark and identity dilution is extremely minimal. Secondly - As has also been mentioned here, the wealthiest man in the world offered someone ten dollars for a phonetically similar domain name. Just because he was a 'kid'. If the domain name had been owned by Rupert Murdoch, I doubt he'd have been nearly as insulting in his first offer. After having been insulted, the kid countered with a request of $1000.00. Big surprise. Not ten thousand dollars. One thousand dollars. I'm pretty confident that Microsoft has already spent more than that amount in simply opening Mike Rowe's counter-offer. If this was a serious negotiation on Microsoft's part, it would have been over in 5 minutes, and have never seen the light of day or ink. Had Bill's attorneys been worth their salt, they'd have told Bill that too. But someone's too busy being a professional dickhead. It's either Bill, or his cronies. Your ass is showing, Bill. Just write the kid a check. Else, he may take someone else's advice, and elect to alter the price by a daily increase of $1000, until you go away or settle. It's certainly a legal ploy. Posted by: J. M. Schneider at January 20, 2004 12:06 PMThis is precisely the reason I would like to pursue intellectual property law. Someone needs to fight these tyrants! Stand up to the man. Good luck Mike! I hope you can afford 400 lawyers. Posted by: Bob Lindquist at January 20, 2004 12:10 PMSounds just dandy to me. Lets fire our rockets at the infidels. I like mustard. Posted by: anal barbarian at January 20, 2004 12:10 PMevery one on earth should help and fund the kid to fight MS...teach em a lesson Posted by: greg at January 20, 2004 12:12 PMIt comes down to the richest man in the world offering a kid $10.00 for his domain.CHEAP! Posted by: Larry Mason III at January 20, 2004 12:13 PMI hope Microsoft sees the error of its ways in this case. I believe several corporate bullies have taken the domain name issue too far. This particular reminds me of a not-so-distant legal battle between Micro$oft and Lindows; and if you go to the latter's site, you will see how that one ended up. If that battle can be won by the "little guy" (which, IMHO, posed more of a *threat*... which was still little-to-none... than does MikeRoweSoft), I feel confident that this one can be as well. That being said, should Mike Rowe decide to settle with M$, that is his perogative and he may choose to sell that domain for a price he deems fair. Should, say, USA.com be able to sue if someone registered a ewe-es-eh.com? no. Posted by: that_guy at January 20, 2004 12:13 PMi look forward to when computer manufactorer's make the general public pass a test before they can purchase a pc, you know, where's the Start button? yes, we will all be out of work then but we will still have our valid driver's license & new vehicle. makes you wonder, which one can do more damage? a computer or vehicle? Posted by: doug at January 20, 2004 12:14 PMThink about the process of coming up with that domain name. I doubt that Mike could have gone through the sometimes painful and difficult process of choosing a domain name, or inventing one from scratch, without thinking about Microsoft and the similarities there. The thought process that he used when he came up with the URL more than likely involved Microsoft; you could call it "tongue in cheek". That's why I don't think he stands a chance. You have to be more original. I seriously doubt that he made up the URL and then after he had made it up he realized that it sounded like "Microsoft". Part of the process of choosing a domain name should probably involve "saying" the domain name, to see how it sounds, whether it's catchy, hip, rhythmical. I seriously doubt that he wasn't aware of the fact that his domain sounds like Microsoft. Posted by: C. Nelson at January 20, 2004 12:14 PMalthough not cutting edge on ALL the aspects, which are hardly noticeable, of office...open office, which runs on linux gui, works great. i've opened and saved documents in mac, m$ and linux format and they open fine in their 'imported' environment. feel free to take office anywhere without having to pay micro$oft prices. open office is open source (free to you m$ loyalist) for linux AND windows. no need to worry about piracy! Posted by: tux at January 20, 2004 12:16 PMWell, Frank, let me address your claims. I wish I had their money; they can keep their product. news release: According to the Canadian papers...Mike NEVER even heard of Microsoft. He just thought that he'd name his Web designing business MikeRoweSoft What a 'tard.
In response to YaRight's posting of: Ahh.. you must be one of the democraticunderground hive mind "I can't think for myself, and just regurgitate what others spew out of their pie hole in the forums" crowd ---------------------- That's just some [attempted] platitude spewed forth by a moron. It doesn't even mean anything -- except that the speaker is a moron (my apologies to other morons who are probably not as stupid). Posted by: Bill at January 20, 2004 12:20 PMWrongtyping microsoft as mikerowesoft is very difficult. Microshit otoh comes quite naturally. Anybody ever sued www.microshit.com? Posted by: MajorUrsa at January 20, 2004 12:21 PMWhile I agree that in writing the name MikeRoweSoft has no infringment on Microsoft, it would be hard to argue that the oral name is *not* an infringment. Either way, Mike Rowe is the winner. I can't think of a better way to get publicity. Mike Rowe has won the lottery. Posted by: Donna Snelling at January 20, 2004 12:21 PMGo Mike Go! I'm behind you 1000% Linux - the Other OS Posted by: Mustang64G at January 20, 2004 12:22 PMI feel microsoft needs to go down like the titanic and never be used again. I hope Mike Rowe wins and gets ALL BILL GATES money. (power to the people) we should all ban Microsoft products down with Corperate America. This should be know different because Bill Gates STOLE the software for windows remember ANTITRUST!!!! We can ban the record companies lets ban microsoft and see them go under and go belly up. BILL GATES is a total JERK fix your stolen software. Posted by: JW at January 20, 2004 12:23 PMEven if Microsoft is a big bully, you must admit that it's nice that you can go onto any PC and already know how to use it. If there were so many operating systems, it'd be too confusing to be able to learn how to use all of them. Software would be a bitch to code and stuff. Sometimes standards are nice. Posted by: Icarus at January 20, 2004 12:23 PMI agree that Microsoft is stuck with this mess. If they don't go after Mike Rowe then more and more people will try something similar by creating phonetically named microsoft domain names. The only thing that MS can do now to get out of this mess is to offer Mike Rowe some money, equipment or some of both so that this matter is dropped quickly. I'm on the side of Mr. Rowe on this one and will donate to his legal fund. Mister Microsoft.com: Give the kid a break and stop acting like ogres that you are. Posted by: Brian at January 20, 2004 12:24 PMCheese is good, but beware eating too much cheese. It will make you fat and gassy! Posted by: Cheese Man at January 20, 2004 12:32 PMI think most people don't realize that MS is trying to grab a homonym here. Why? Because when used with voice recognition, depending on the software, "microsoft.com" could well take you to "mikerowesoft.com". Posted by: Nobody U Know at January 20, 2004 12:33 PMAs they say, might makes right. I'm afraid that the microsoft bulldozer may indeed turn Mike, his family homestead, his decendants-to-be, and most everything else his life has or will touch, into a pile of rubble. microsoft is too damn big and powerful. (I'm reminded of a great cartoon, many years ago, that showed planet Earth, as viewed from the moon . Affixed to our planet was a placard reading "Welcome to Earth, a Subdivision of Microsoft." Sadly, it ain't too far from the truth. I'm also afraid that microsoft and bill gates are far beyond the reaches usually extended by "bad publicity". The main virtue of running a monopoly is that you don't have to care about price gouging, bad publicity, lousy products, lack of innovation, et al. The masses have nowhere else to go. Let them eat cake and buy ms. But there are a few small windows (no pun intended on this fair-and-square microsoft-stolen concept). We should all seriously consider switching to Linux or Apple's OS X. Two reasons: both are superior to "windows" and, by far the more important, both pick away at m's virtual monopoly and thus increase our collective opportunities to realize new improvements in available software. Little innovation stems from a single, we're in charge, company. You ain't seen nothing til you've seen the results of good-old-home-spun US of A competition. Realize folks, I'm taking my life in my hands by sending this comment. My first name is "Bill". Since I share this with mr. gates, I'm likely at substantial risk of having to change it to "Mortimer" or the like, in order to avoid the wrath of he who holds likely holds the copywrite on this name. Posted by: Wild Bill at January 20, 2004 12:34 PMI truly thought Vanilla Ice would be the King of Rap. I guess I was wrong. Dangit! Posted by: 50 Cents at January 20, 2004 12:34 PMWow, there's just too many posts to read. Without being redundant to a post that may have already explained much of what I'm about to write, MS does have to protect its trademark by going after everyone. If they let one go the rest will follow (as simple as that sounds). And they're charging him for scheming $10,000 from MS because his asking in the settlement negotiations is that pricetag for stationary and ideas rendered. Alll and all, this is a hilarious issue. I'd feel sorry for Mike Rowe because this is as said before a big guy - little guy fight. Posted by: Someone passing by at January 20, 2004 12:34 PMAll I have to say is, "We stand in awe of your potential". Posted by: Dave at January 20, 2004 12:37 PMI beleive that Mike Rowe Soft is just a normal kid who had a good idea. The fact that Microsoft is trying to make him look like a thieve who wants to steal the corporate power of microsoft is wrong. Let the kid keep his site, there is nothing wrong here. Posted by: Devin Albright at January 20, 2004 12:39 PMWhat microsoft is doing to Mike Rowe Soft is some fucked up shit!!! Posted by: Jason Cooper at January 20, 2004 12:41 PMHow unbelievably unwise insensitive threatening What microsoft is doing to Mike Rowe Soft is some fucked up shit!!! Posted by: Jason Cooper at January 20, 2004 12:41 PMThis is a national security matter for sure. GWB sanctions full military force be applied as BG is a major campaign contributor and funds may not be forth coming if action is not taken now. Posted by: Ralph Magutz at January 20, 2004 12:42 PMThis is a national security matter for sure. GWB sanctions full military force be applied as BG is a major campaign contributor and funds may not be forth coming if action is not taken now. Posted by: Ralph Magutz at January 20, 2004 12:42 PMI'm not going to use any swear words, but holding my tongue and being more eloquent is almost denying myself. whoever got the idea some canadian kid would threaten a globabl empire must not be working for their pay, I mean, so what "mikerowesoft" and microsoft sound the same, but I doubt if you can type in a url you are too stupid to know the difference. For the microsoft big cheeses, you can have your url and eat it too, it's this simple: BUY THE URL FROM THE KID! was that so hard? I'd sell my web address for the amount they're probably paying to fight Mike Rowe. when I see microsoft lose this one, I'm going to laugh, because, they lost before they started, and the farther they go, the more public satisfaction they lose. I see why Mike Rowe put the soft, it would obviously make the web address easier to remember. if Mike Rowe loses this, then the world is going to hell in a hand basket, and I'll probably get to watch it burn. the american public, and the UNmay hate me, but what it's worth, Mr. H Posted by: Mr. H at January 20, 2004 12:44 PMI found this whole thing rather funny... Posted by: troll at January 20, 2004 12:51 PMSome facts: Microsoft makes a poor quality product. Thats why they use hackers to fix(point out) their mistakes. Microsoft is expensive. Even their "Udpates" cost if you use a metered dialup connection. Microsoft is competitive like a giant in a pygmy wrestling match. Thank BushCo for that. Microsoft is Billy's pet name for his sex life. Longhorn is... well an attempt to make up for Microsoft. and it would also seem that Microsoft is a COWARD. How could a massive outfit feel threatened by a 17 yr old kid. ahhhhhh they are starting to realise what the rest of the world already know. Microsoft sucks. Go Mike. NEVER EVER BOUGHT A MICROSOFT PRODUCT. DON'T EVEN LIKE USING THEM WHEN THEY ARE STOLEN. Posted by: Nunca M$ at January 20, 2004 12:52 PMYOU GO GUY! Mike, you have every right...keep up the fight! Posted by: jiffy at January 20, 2004 12:52 PMI heard Apple Computers is going to start protecting their name by bringing legal action against: Mrs. Smith for making apple pies, Fiona Apple, Newton's Apple, and charging people for saying Baseball, Hotdogs, Apple Pie and Chevrolet. Posted by: THEIPODROCKS at January 20, 2004 12:59 PMAlfred: Actually, OpenOffice 1.1 does all of the same file formats as Office XP, (.doc., xls, .pps, etc.). They have a version for Windows, and a version for Linux as well, and, since I have RedHat 7.3 running on a dual-boot system with WinME, I can tell you that it's every bit as easy to use as MS Office. Not only that, it's 100% free as well. Open Source kicks ass. Bill Gates: if my name was mike rowe, I would register every domain I could think of that had my name in it. The kid not only has right to this particular domain; he has a right to any domain he wants that contains his name. mikerowegarbagecompany.com, whatever. I really don't see Micr$oft winning this one, folks. Posted by: Geoff at January 20, 2004 01:00 PMIt appears that Mike Rowe also registered: mikerosoft.ca and his attorneys told him to take that down 'temporarily'. Microsoft isn't in the wrong on this one. Posted by: TDavid at January 20, 2004 01:00 PMI was thinking of dear old Machiavelli, and his question about whether it is better for a ruler to be loved or feared? Feared, he said. So, oh mighty Microsoft, crush the kid like a bug. My advice for micro-soft. Stop all hostile action towards Mike Rowe. Offer him some sort of scholarship, reasonable fee, and then, hire him. I would think that Microsoft would like to have a young go-getter like Mike on their team (right!?!)Besides, say you win a lawsuit; how long do you think it will take before you collect blood from a beet? I think this is potentially great p.r. situation for microsoft. Posted by: chicagojoe at January 20, 2004 01:05 PMyou all sound like you HAD to buy microsoft product's? let's get real, no one told you that you had to buy a microsoft product. don't ya just luv how gullible the general public is. Posted by: doug at January 20, 2004 01:12 PMWhile 'Mike Rowe' is his name, he admitted himself that he was trying to be silly/funny by adding the 'soft' at the end. altho 'microsoft' customers won't 'mistakenly' mistype 'mikerowesoft' rather than 'microsoft', 'Mike Rowe' is leeching off the backs of the already established 'Microsoft', by gaining fame and possibly fortune (great head start on his biz, plus as he said possibly having a better chance at getting in university'... This case reminds me of the 'Lindows / Windows' case microsoft had (has?) going on... Microsoft throws its weight around as best as it can, and i don't doubt they'd be willing to spend millions on fighting the 'mikerowesoft' case. All this money of course comes from the $299 copy of windows you bought... Posted by: ben at January 20, 2004 01:18 PMAs somebody who has worked at Microsoft, I can testify to how many jerks, just sheer waste of protoplasm, go by the name of Microsofties. Why does Microsoft continue to do this? How have they built a company culture where a lot of people end up coming up with ideas like these? What kind of ideas? Why does Microsoft do this? It is because they support jerks, they admire jerks and they encourage jerks in their companies to make unreasonable demands on everybody, and that includes the employees themselves. The idea is to push people beyond their limits, so they cannot even stop and think about what's going on. Unfortunately, the outside world doesn't work that way. Pushing people around when they work for you works some of the time, but pushing everyone around you all of the time is not. Don't let them push you around. I own no Linux stock, and don't work a Linux company. Posted by: Microsoft Software Design Engineer at January 20, 2004 01:20 PMI think that Mike should win, his name is Mike Rowe and naming his software company "Mike Rowe Soft" is completly ligit, i think the Canadian judges should just thow this one out! Posted by: Kevin at January 20, 2004 01:21 PMno, 'mikerosoft.ca' is not by the same guy, do a little reading next time. Posted by: ben at January 20, 2004 01:23 PMi heard that microsoft is going to introduct a 'Windows Tax' on everything that people wish to call 'Windows'. The tax will affect all (glass) windows on houses, cars, trucks, etc. They will be joining together with RIAA, together battling bother 'windows trademark' as well as piracy. RIAA claims they believe this will be the end to piracy. They feel Microsoft will be able to successfully sue the windows off of every house, thus allowing them to easily hear/spot everyone who is plaing Enter Sandman by Metallica. Posted by: billybob at January 20, 2004 01:32 PMThis is similar to that one small computer store owner who owned www.nissan.com, in which Nissan is his last name. Nissan sent their high priced lawyers to shut the store owner down. Posted by: Lisa Jackson at January 20, 2004 01:38 PMI wish you everything best Mike. Posted by: unimportant at January 20, 2004 01:50 PMI wish you everything best Mike. Posted by: unimportant at January 20, 2004 01:50 PMWhat does G. Bush have to do with this? I thought Al Gore invented the Internet? Posted by: Michael at January 20, 2004 01:53 PMThis is all a big conspiracy against Microsoft. Mike Rowe's Parents should be sued and taken to court for naming him Mike Rowe intentionally and also for financing the kid to go in the computer field, so that he will somehow register his own website as MikeRoweSoft.com. He is a 17 yr old minor so microsoft should actually be dealing with his parents. Ben - geek.com reported the story wrong. I have done a lot of reading, but my bad there. Weird that there are 2 different Mikes in this trouble. They should just try and pick unique domain names and they'd have nothing to worry about. Posted by: TDavid at January 20, 2004 02:17 PMHey kid, I'd like to buy a copy of Office. Can you help me out? Posted by: Randy at January 20, 2004 02:17 PM(Yes, I am shouting here) As a matter of fact, this is a case in point of the brutal business practices the MS employs. If they are this way with a small child, think of how they are and have been with competitors. ATTENTION MICROSOFT LEGAL DEPARTMENT: By the way, there are thousands if not millions of streets in the US named after Bill Gates -- ONE WAY! Posted by: John at January 20, 2004 02:22 PMSuggestion to Microsoft But knowing Microsoft, there approach to this would probably be to spend $100 million to buy out a company that makes phoenetic software. Of course there will probably be some monopoly issues, and microsoft will hire 100 more lawyers to work this issue. And just to keep the public happy, hire a few public relation experts to spin the issue. Mike Rowe's site looks like it was designed with Front Page ... wouldn't that be a turn of events! LOL Posted by: TDavid at January 20, 2004 02:24 PMATTN MS Legal Department: (hang this one on your wall) There is the Letter of the Law, then there's common sense. Posted by: John at January 20, 2004 02:32 PMPART II - IN RESPONSE TO, AND TO ALL PROPONENTS OF MICROSOFT IN THIS CASE... To the lawyers : You Suck! Because of your lifes work to protect criminals in collars, and I know your species very well....read the end of my first brief....YOU WILL NOT BE MISSED!!!!! To the Microsoft clan: Get a life! If in fact you actually support your greedy superiors to go after this "kid" who is not making an effort to bring dilution to the company name - STAY IN WASHINGTON, IN FACT STAY FOREVER....YOUR BORING !!!! To the kids reading this: Remember your individuality, and vision. Love what you do, and be ethical. To the people: Some of you have enough spirit to realize this entire matter is a joke!!! To the Linux guy : YOU REALLY NEED ATTENTION! INDUSTRIAL DESIGNER SCREW MICROSOFT......MYCROWSOFT.COM....(NOW YOU KNOW)... Posted by: T- Mac Ware aka Todd at January 20, 2004 02:39 PMPETE AND JOHN.....YOU GUYS ROCK.... Posted by: T-MAC AKA TODD at January 20, 2004 02:42 PMMicrosoft are clearly a bunch of losers. The test for trademark infringement is likelihood of confusion. Anyone who could think that mikerowesoft.com is in any way connected to Microsoft is too stupid to tie their own shoe and should probably be wearing a football helmet 24/7. Such a fool should be thoroughly ignored (or else mercilessly mocked) when expressing legal opinions, especially when he is a lawyer for a corporation that repeatedly breaks the law. Posted by: S.S. Eye at January 20, 2004 02:54 PMA number of people have lashed out at Microsoft for going after a teenager. What they don't seem to realize is that, no matter how young the person or how innocent the intentions, damage inflicted by a teenager is no less harmful than damage inflicted by an adult. The approach and remedy may be softened, but the need to protect one's intellectual property remains. The last thing we want to do is send the message that as long as you're under 18 years of age, anything goes. Are consumers likely to be confused between Microsoft.com and MikeRoweSoft.com? Doubtful. But it is a fact that courts look at precedent, and if Microsoft lays off this instance, they have weakened their position in going after future infringements. And in fairness, while the two domains look very different on paper (or screen), they are identical when conveyed verbally, and that has to be taken into consideration. The dilemma here is that the young Canadian didn't just pull this name out of a hat; it is his own name with the word "soft" tacked on to the end. Shouldn't a person be entitled to use their own name? Yes, they should, but under the law, a corporation is also considered a legal entity, or "person" — and there is no doubt who staked first claim to the name, who has the most invested in it, and who has the most to lose. If you read over other posts in my blog, you'll find that I'm no cheerleader for larger corporations. In fact, I'm generally quite the oppposite. But an objective look at the facts and the law shows that Microsoft should and will win this case. It is just unfortunate, though not at all surprising, that it had to turn into such a media circus and PR nightmare in the process. Posted by: Steve at January 20, 2004 02:55 PMHey everyone, Bill Gates is not the only one to blame for the evil of microsoft. Don't forget that your neighbors work there. It takes more than one person without conscience to carry out a company's greed and ambition. Why is it ok for people to screw other people when covered by the umbrella of work? Don't blame only Bill. He may be scum, but your neighbors that work there and look the other way because it's good for their stock options are just as bad. Nuke the whole lot. Posted by: Scott at January 20, 2004 03:27 PMAnyone know a teenager named Mike Rohe? www.MikeRoheSoft.com is available! Posted by: oh yeah at January 20, 2004 05:43 PMBill, are you still not satisfied being the richest man on earth? This kid probably was born with his name while you were still busy copying the Mac GUI. I understand you have to keep your lawyers busy, but please lay off the poor teenager. Posted by: Adrian at January 20, 2004 07:08 PMWhat's with everyone saying "microsoft" and "mikerowesoft" are "phonetically the same"? To me they're pretty different: the 'ro' in microsoft is a schwa (a completely reduced vowel, like the 'a' in 'about'), but you really can't pronounce MikeRoweSoft that way...it has to be Mike + Rowe + Soft. I suspect also that the 'k' sound in 'microsoft' is pronounced with the 'r' (my + crow + soft) as opposed to "mike + row...). Anyway. Posted by: Stevage at January 20, 2004 07:23 PMMicrosoft clearly has the moral high ground. But it's upsetting to see so many people using their lay knowledge of the law to paint this picture as big vs. small, established vs. young, rich vs. poor. And it's angering to see the kid spin the story so much to his advantage. In this case microsoft has a very distinctive mark. Any reasonable person would agree that the kid registered 'mikerowesoft.com' because it resembles the microsoft mark. He's not adding anything of value (technological inventions, knowledge, even humor) to the world. The only thing he's adding is hate and fear. Posted by: SNS at January 20, 2004 08:43 PMBlah Blah Blah Blogger. Must have been a slow news day. MS screws up everyday, they also do some things right (like creating blue screens of death). To stay on top requires agressive tactics. One slip and a viable competing OS with enough A/S (applications) and in one cycle of PC updates (3 years+/-?) and MS may not be #1. This calls for some serious competition squashing, never let any competition become viable, it is the corporate mantra. What goes around comes around. Patience my friends. Just be sure to sell at the top. billy boy had got nothing but crazy probably he got the same brain as gw bush and will ramp anyhing which even sound similar to micro or soft.. together they make.. Posted by: farooq at January 21, 2004 06:57 AMI truly thought Vanilla Ice would be the King of Rap. I guess I was wrong. Dangit! Posted by: 50 Cents at January 21, 2004 07:19 AM... and copying the Mouse idea. PS: I like this hyperlink below ;-) Posted by: Microsoft at January 21, 2004 09:24 AMWhat about Tao Chemical Company. Did anybody worry about that one. I always buy my napalm from the real Dow Chemical Co., but then with my towering intelligence I'm not easily deceived. Posted by: Fred at January 21, 2004 12:06 PMIn response to a post by SNS, I posit: Yes, Micro$oft has a distinctive trademark and presence in the global commmunity. Yes, they are entitled, nay, economically required to defend it. Defense requires evaluation (electively, in the courts). However, if they opt to engage in an exchange of goods in lieu of litigation (which they did, [domain name for cash]), then: a) Don't be insulting just because one party happens to be a young man, instead of a corporate entity. Offer fair value (which more accurately reflects its relative value to YOU). If it's only worth $10, then why bother picking up the phone to call the legal department in the first place? And, b) Don't be insulted when your insulting tactics are responded to in kind. Whether you're a corporation or an individual - treat all entities as you'd care to be treated, and I think you'll go a lot farther (for a lot less grief, bad press and money). If anyone's propagating 'hate and fear', it's Micro$oft doing its damndest. But that's just in my (lay) opinion. SNS Wrote: In this case microsoft has a very distinctive mark. Any reasonable person would agree that the kid registered 'mikerowesoft.com' because it resembles the microsoft mark. He's not adding anything of value (technological inventions, knowledge, even humor) to the world. The only thing he's adding is hate and fear. People Calm Down. If anything happens to Mike Rowe, I'll invoke my patent on the word "Windows" referring to those things on your computer screen that the Microsoft Company named their program after. Also, I'll hire Mike Rowe to design a new iMac, maybe one that looks like a middle finger and is always pointed towards Redmond. Buy Mac, We Care. Steve Posted by: Steve Jobs at January 21, 2004 02:56 PMAgain, the kid may be on the wrong side of this issue technically. But Microsoft’s letter of the law reaction to the copyright infringement and the picture of a multi-billion dollar company offering $10 to the teenager for his domain name is killer material for the press. Right or wrong, the negative press on this situation is costing Microsoft plenty. Free advice for Microsoft: Defuse the story and give it a happy ending; Trade the kid a new computer filled with Microsoft software; not as a buy off, but as reward for his clever inventiveness. Do it with the cameras rolling and you’ll come out on top (or you can just let things keep rolling and confirm your critic’s jeers). Posted by: Derek at January 21, 2004 04:27 PMPeople are forgetting that anybody stupid enough to actually buy a Microsoft product in this first place could very easily be confused by mikerowesoft. I can imagine it now, there are probably thousands of brain dead PC dorks on mikerowesoft wondering where the latest 600mb security patch has gone. HHHMMM web design no, HHHMMM web design no, god damn where the fsck is that patch ? Maybe they'll all get trapped on the site in and infinite loop and never get back. Now I can see why M$ is so worried. This could cause a major worldwide catastrophe ! To all of you who somehow have the goofed up notion that Billy is somehow in the right here, you are missing a few points. Billy doesn't sell web design--Mike doesn't sell software. Web pages are static documents, not application programs. They are "read only" without the ability to create or make something happen through their code. They aren't software. Period. There is no similar product to fight about. Is Mike Rowe the Canadian bound under US copyright law? I highly doubt it. Does he have a very good case to sue MS for slander? Yes. They have clearly made him out to be a con artist in the worldwide press. He is not. Everyone has the right to negotiate a fair price for something they rightfully own. I would have asked for $10 million. Put up or shut up. Talk about besmirching a good name! Will he prevail if they are stupid enough to take the case to court? Of course. Will he be indebted forever? I highly doubt it. I and many many other people have already donated to his defense fund, and if I were a high profile lawyer wishing great publicity, I would jump on the case with minimal charges or a cut in the settlement. Just look at the host that bailed him out when the hits overwhelmed his bandwith. Smartest business move they ever made. Look at the traffic and new sales they are making. Look at the negative publicity Billy is generating. It just doesn't make business sence to continue pouring money down the drain.People all over the Net are burning their MS software, cancelling orders and migrating over to the Mac platform.Fire the stupic ass who started this fiasco and move on. Get real folks. Never be afraid to take on the big guys after CNN has you on. How about the 500 million that they just lost on patent violations in their email progam Do you think CNN or NBC got Mike Rowe for free? The kid's already made way more money that he ever would have at web design, although after looking at a few of his sites, I think he's very good. I sure wish my 17 year old would stumble into something like this! Posted by: heffty at January 21, 2004 05:49 PMMicrosoft T-Shirt at: http://www.zazzle.com/products/gallery/browse_results.asp?general%5Fcategory%5Fid=103053432258371047 It seems as though a lot of these have croped up now that Microsoft attacked Mike Rowe. There's even a viagra (and other pharmaceutical sales) company that poped up at http://www.mygrowsoft.com. They have all kinds of stuff like affiliate programs for viagra, propecia and valtrex and a rather nifty little forum, too. Think that Microsoft could perceive that as "trademark dillution"? What about all of the internationalized "microsofts" which have been popping up lately... Wonder if Billy will go after them, too. Posted by: Jorge at March 3, 2004 10:17 PMPost a comment
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