Microsoft Agrees Settlement Over MikeRoweSoft.com 689
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."
Grammar Nazi strikes again! (Score:5, Funny)
Re:Grammar Nazi strikes again! (Score:4, Funny)
Not only does it rock on ./ but it rocks in New Hampshire. It rocks in South Carolina and Arizona and North Dakota and New Mexico, and it rocks in California and Texas and New York. And it rocks in South Dakota and Oregon and Washington and Michigan. And then it rocks in Washington, D.C. but not enough to take back the White House.
Yeaaaaahhhhhhh!!!!
Re:Foster his interest in technology? BAHAHA (Score:5, Funny)
aka... (Score:5, Funny)
Re:aka... (Score:3, Insightful)
Here, Mr. Judge, is a big diamond studded gold carrot. Here, Mr. Senator, can I help you with your campaign funds...
Re:aka... (Score:5, 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?"
Re:aka... (Score:5, Funny)
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.
Re: Put your ear to the ground for early warning (Score:3, Insightful)
Re:aka... (Score:3, Funny)
I'm not sure I would want that stick, even if the stick had a carrot tied to it.
Re:aka... (Score:5, Funny)
Microsoft pulls stick out of ass... finds it makes for better PR when carrot is tied to it
Hey, do you think I could get an XBox too if Microsoft finds out about the web site I dedicated to my pet bird: MyCrowSoft.com?
XBOX?!?! (Score:5, Funny)
Re:XBOX?!?! (Score:2)
Re:XBOX?!?! (Score:3, Funny)
Ohh, I want a free XBox too.
www.MikeRhoSoft.com is still free.
MikeRowSoft.com, MikeRoeSoft.com, and MyCrowSoft.com are all taken.
Comment removed (Score:5, Funny)
Re:XBOX?!?! (Score:3, Insightful)
Xbox is definitely the piece of equipment to have. Linux, MythTV, emulators, media players... screw games.
Re:XBOX?!?! (Score:5, Insightful)
Re:XBOX?!?! (Score:2, Insightful)
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.
Us
Re:XBOX?!?! (Score:5, Interesting)
I started with a GC, and its still may favorite...the first party stuff can't be touched, and for multiplayer (Smash Bros, Monkey Ball 2, Mario Kart) and other exclusives (the first Rogue Squadron game on it, at least) make it the last one I'd give up.
Then I got a PS2...ugh. I got it for WDL:Thundertanks, hoping it would be another "Battle Tanx", but it sucked. For a while its saving grace was GTA3 and GTA:VC, but now it's only the thought that the sequel to those will be on this system first that have me keep it around. There are some other good games, but overall the gem/shovelware ratio is way too small to justify the expense of the system. I really think that "first mover advantage" combined with the leverage of playing PSone games (which in turn had a huge first mover advantage) as well as being untouchable for specific genres I don't care about (sports, RPGs) are what make this system the leader.
I got an Xbox lastly, and its made a tremendous impression on me. It follows in the Microsoft tradition of not really innovating much, but copying some of the very best parts of other systems. It's a buttugly huge console but it has the best controllers (the S-version, the original were just clones + minor enhancements and great enlargements of what the DC had) and some of the games are sweet...Halo and Crimson Skies in particular. It is very likely THE biggest horsepower console out now, and it shows.
So while my heart is still with Nintendo, I've really been impressed with what Xbox has done. And will probably never really forgive PS2 for the dumbness of only putting 2 controller ports on without a multitap...
Re:XBOX?!?! (Score:3, Insightful)
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.
Re:XBOX?!?! (Score:2, Insightful)
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
compensation? (Score:5, Funny)
Re:compensation? (LMAO) (Score:2, Funny)
'We wanted to do this in a way that's going to foster his interest in technology'.
...
Naaaaaah, too easy.
<grrr>
Re:compensation? (Score:5, Funny)
He's got a great chance to make something of this. (Score:4, Insightful)
Or, he can stay in his room and play with the new Xbox, that's OK too I suppose.
Re:He's got a great chance to make something of th (Score:5, Insightful)
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:He's got a great chance to make something of th (Score:3, Funny)
Yeah, look at Michael Jackson
One more thing... (Score:5, Funny)
Microsoft BUYS EM out (Score:5, Insightful)
Re:Microsoft BUYS EM out (Score:3, Funny)
-- This post has been brought to you by the letters 'S' and 'arcasm'
Re:Microsoft BUYS EM out (Score:2)
Re:Microsoft BUYS EM out (Score:5, Insightful)
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.
Comment removed (Score:4, Insightful)
Re:Microsoft BUYS EM out (Score:5, Insightful)
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 [nissan.com]). 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 [theregister.com]. 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.
Re:Microsoft BUYS EM out (Score:3, Insightful)
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 som
Re:Microsoft BUYS EM out (Score:5, Funny)
"All right boys, buy 'em out!"
(Bill's thugs start smashing Homer's office)
"What, you don't think I got this wealthy by writing checks, do you? Muahahahahahaha!"
Re:Microsoft BUYS EM out (Score:3, Insightful)
Bah... Big Company Mechanics (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"
Re:Bah... Big Company Mechanics (Score:5, Funny)
An Xbox for the price of registering a domain sounds like a profit to me.
I'm just off to register My Crow Soft
Technology? (Score:4, Funny)
Then what the hell is he going to do with a Microsoft cert?
Moving site to MikeRoweHard.com... (Score:5, Funny)
No name change? (Score:4, Interesting)
Re:No name change? (Score:3, Funny)
Re:No name change? (Score:5, Insightful)
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.
That's one way to get an XBOX... (Score:2)
Though, he should have know that the Red's were out of bullets. Then he could have traded away his pacifist medic! I hope he got bill gates to admit he likes ribbons in his hair and that he wants to kiss all the guys on the blue side.
Re:That's one way to get an XBOX... (Score:2)
Help him? (Score:4, Funny)
Say what you will about MS... (Score:5, Insightful)
Re:Say what you will about MS... (Score:5, Interesting)
Re:Say what you will about MS...2 dumb 2 use Inet (Score:4, Funny)
Anyone who types MikeRoweSoft when they mean Microsoft is too dumb to be using a computer and the Internet anyway.
Re:Say what you will about MS... (Score:4, Insightful)
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...
They'll be coming for me next (Score:5, Funny)
With any luck... (Score:5, Funny)
Did MS *really* do the right thing here? (Score:2)
Re:Did MS *really* do the right thing here? (Score:3)
Now if it was me (granted, I'm not a 17 YO anymore), I'd have held out and told MS to bite my shiny metal ass.
The Value of This Settlement... (Score:2)
Microsoft certification training, an Xbox, an invitation to a technology festival at Redmond...
Where you are on the Windows-Linux continuum will dictate how you see this. Also, the trolling possibilities are just endless - "MCSE pwnx0rs!!!11", etc...
Gotta love that quote from Mr. Desler, though! Means to an end, indeed!
GTRacer
- Wouldn't mind an Xbox and a broadband pipe to play it on
You know... (Score:2)
It's a nice ending (Score:2)
Foster his interest in WHAT? (Score:3, Insightful)
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.
Media, aint it great. (Score:2)
Extension of Copyright? (Score:3, Interesting)
Microsoft finally did it right (Score:5, Interesting)
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.
The one good thing is... (Score:2)
M
Give it up? Never. (Score:2)
It seems the kid was only interested in money, not the principle. In theory if my last name is 'Book' and my wife's last name is 'Rizzoli', and she hyhenates her name, she would be 'Rizzoli Book'. Just like the actual Rizzoli Books [rizzoliusa.com] company.
Should s
He should have... (Score:3, Funny)
Trademark, not Copyright (Score:3, Informative)
If you make someone think that you are someone else by using their logo/name, that's trademark violation. If you copy the site itself, that's copyright violation.
canada (Score:2)
unless they can prove you are acting in bad faith (a fast food chain named McDonald and Sons)
Confusingly similar (Score:5, Informative)
The commonly quoted case is that of LEXUS the law archival and search company and Toyota who wanted to use the same name of thier luxury division. LEXUS sued and lost.
Why not from the beginning? (Score:3, Insightful)
Re: (Score:2)
That It! (Score:5, Funny)
My new Domain is gonna be WinDowesHome.com
Will I get any games with my x-box?
Re:That It! (Score:3, Funny)
Good for Mike (Score:2)
Had a similar experience... (Score:4, Interesting)
The good deed was graciously recieved. After meeting up with some of the guys at E3, GameSpot then offered me a paid summer internship in San Francisco when I was 16.
Bam! Those were the good ol' days.
- Philosopistry [philosophistry.com]
"invitation to a technology festival at Redmond" (Score:3, Funny)
So when are they going after THIS guy? (Score:3, Informative)
At least this Mike Rowe dude could make an argument that it was his fricking name.
What about MyCrowSoft (Score:5, Interesting)
The Real Reason Microsoft Sued... (Score:3, Funny)
Biased Against M$ (Score:5, Insightful)
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?
Get real! Finally MS is doing the right thing (TM) and you STILLwhine!
Now lets talk about XML patents!
But what about Hotmale.com? (Score:5, Insightful)
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:But what about Hotmale.com? (Score:5, Funny)
I made that association and I don't even use hotmail!
(or hotmale)
I think this is big....here's why (Score:3, Insightful)
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*
damn my TV is busted... (Score:5, Funny)
Looks like Mike did the persuading (Score:5, Insightful)
A win-win situation for both parties involved.
www.mikeroesoft.org (Score:3, Interesting)
What I don't understand (Score:3, Interesting)
Copyright? (Score:3, Informative)
He wasn't putting pirated MS software on his site, and I just missed that part, was he?
"MicroSoft" is a trademark, not a piece of literature or other artistic work.
the only reason (Score:3, Insightful)
Re:Arrgggh! (Score:5, Interesting)
Re:Arrgggh! (Score:5, Interesting)
Re:Arrgggh! (Score:3, Funny)
Until he decides to throw a mod chip in it and open up Mike's house of XBOX hacking.
It all goes downhill from there...
Re:Arrgggh! (Score:4, Funny)
Re:Arrgggh! (Score:3, Funny)
No, it's just another way of saying "Go to hell".
Re:Arrgggh! (Score:4, Funny)
This is a NON-STORY--here's why (Score:5, Informative)
From http://www.mit.edu:8001/activities/e-club/8.html [mit.edu]
Re:This is a NON-STORY--here's why (Score:3, Insightful)
Yes, it does. Mike Rowe calling it "Mike Rowe Soft" was an obvious and intended play on Microsoft.
mod parent up (Score:2)
Re:I should point out (Score:2)
Re:I should point out (Score:2)
Of course I started a chain of emails to try to get them to start using a Gentoo topic icon (since they have em for all of the other distros, including Caladra) to no avail. I sometimes wonder who's running the show around here.
CB
Re:New precendent? (Score:5, Interesting)
One odd thing: I keep reading about copyright violations in these stories, but shouldn't Microsoft's claims be trademark-related? Copyright doesn't apply to a business name as far as I know.
Regarding the settlement: it mentions the MCSE, the XBox and so forth, but I'm guessing there's money in there somewhere, too. This was a very bad PR situation for Microsoft. Since Mike had the PR on his side, yet is giving up the domain, I'm guessing he got more than just some courses, plane tickets and a game console in return.
Re:Mike Rowe cowed down (Score:3, Funny)