# Microsoft Sues 17 Year Old Over Use of Own Name.



## Go3iverson (Jan 19, 2004)

http://www.cnn.com/2004/TECH/internet/01/19/offbeat.mike.rowe.soft.ap/index.html

Pretty slick, huh?


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## Urbansory (Jan 19, 2004)

There like Disney, so uptight with their copyrights... but if they want to hold that name, I'm not surprised they did it at all. Doesn't do much for their PR though.


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## Go3iverson (Jan 19, 2004)

I could understand it if the person's name wasn't so close to the copyrighted trademark, but he obviously works with software/computers and his name works in this case.  If the site was bashing Microsoft, I could see it as well, but this just seems kinda lame.  Offering him $10 is just a slap in the face from one of the biggest corporations in the world.


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## cockneygeezer (Jan 19, 2004)

Go3iverson said:
			
		

> http://www.cnn.com/2004/TECH/internet/01/19/offbeat.mike.rowe.soft.ap/index.html
> 
> Pretty slick, huh?



Pathetic, absolutely pathetic. Typical American lawyer bullsh*t. Is that the answer to everything in the USA? Sue them?

It's not like that Mike Rowe (soft) name is spelt the same as Microsoft is it! Ain't the USA meant to be the land of the Free, democracy and all that, and yet, if you don't conform, i.e. change your name or else, you'll be sued?

All Mike R. has to do is drop the 'soft' in his URL, but what happen to consumer rights? Copyright and Trademarks are such a fine line issue and so complex it gives me a headache. 

At the end of the day, if Mike R. doesn't make a dime directly off the name Microsoft, there's nothing really Microsoft can do...

Note: All instances of Microsoft are a trademark of Microsoft Corporation. (Don't want to get sue now do I? Tut)


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## Go3iverson (Jan 19, 2004)

That's why I don't use their product.  I'm afraid they'll sue me for mentioning the name without their concent.


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## MacNEO (Jan 19, 2004)

Microsoft is like the Matrix, nothing but controlling the world. Glad I don't need Windoze.


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## weaselworld (Jan 19, 2004)

Well Rowe could've helped himself a bit by not trying to be cute and asking for $10,000. If I were 17 and noticed that Microsoft had taken a negative interest in me, I think I might have consulted someone before making any move against the giant, and it surely doesn't seem like he talked to his parents or a lawyer or anything. It says "'I never even thought of getting anything out of them,' he said, adding that he only asked for the $10,000 because he was 'sort of mad at them for only offering 10 bucks.'" I seriously doubt that anyone would advise him to take that position. It sounds to me like he was just doing it to be a butt, which isn't a smart thing to do.

You can see that no one was actually getting sued until the kid decided to poke the tiger with a stick. While I don't condone Microsoft's actions, and do think it was ugly to offer $10, Rowe should've just quit while he was ahead or gotten some actual legal advice. And if he did....well....hopefully he won't be taking that lawyer to court.


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## Trip (Jan 19, 2004)

Micro$oft sucks.


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## Anim8r (Jan 19, 2004)

weaselworld said:
			
		

> Well Rowe could've helped himself a bit by not trying to be cute and asking for $10,000. If I were 17 and noticed that Microsoft had taken a negative interest in me, I think I might have consulted someone before making any move against the giant, and it surely doesn't seem like he talked to his parents or a lawyer or anything. It says "'I never even thought of getting anything out of them,' he said, adding that he only asked for the $10,000 because he was 'sort of mad at them for only offering 10 bucks.'" I seriously doubt that anyone would advise him to take that position. It sounds to me like he was just doing it to be a butt, which isn't a smart thing to do.
> 
> You can see that no one was actually getting sued until the kid decided to poke the tiger with a stick. While I don't condone Microsoft's actions, and do think it was ugly to offer $10, Rowe should've just quit while he was ahead or gotten some actual legal advice. And if he did....well....hopefully he won't be taking that lawyer to court.



You are kidding?

They offered him less than the price of registering a domain and hosting. That is an insult.

Poking the tiger with a stick is what my reaction would have been had I been offered $10 for a site that was MY name.


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## Go3iverson (Jan 19, 2004)

Yeah, but if Microsoft called you and said the domain you purchased was going to be taken away and they'd give you $10 for your time and effort, you'd probably just retort back "more like $10,000,000.00 ha ha ha" sarcastically.  I know I would if Microsoft just told me they were taking away my domain for $10.00.  I mean, c'mon, are they strapped for cash this month after losing their suit to California?


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## Pengu (Jan 19, 2004)

See this is where you've got something wrong.


> if Microsoft called you and said the domain you purchased was going to be taken away and they'd give you $10 for your time and effort



They aren't taking it away. they WANT him to de-register the name or transfer it to them. The problem they have is, no judge in the world is going to tell Mike Rowe he can't have MikeRoweSoft.com because bill gates is paranoid about the size of his penis.


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## weaselworld (Jan 19, 2004)

Go3iverson said:
			
		

> Yeah, but if Microsoft called you and said the domain you purchased was going to be taken away and they'd give you $10 for your time and effort, you'd probably just retort back "more like $10,000,000.00 ha ha ha" sarcastically.



Um.....no. Had I decided by that point to fight one of the largest companies in the world, I'd get the lawyer I'd already hired to write a proper letter stating that the $10 would not be enough to cover the costs of the domain, and politely insisting that more be offered in compensation. Why? Because if you act like a smartass, you're going to piss someone off.

I probably wouldn't even try to fight them in the first place. It's just not something I'd want to get into. Rowe will probably come out more or less on top, as I believe MikeRoweSoft.com would be considered a parody. The parody issue is so fuzzy that, in the past, most people who've challenged parodies have lost. In the end, though, it's so over the top that it probably wouldn't be a hotly debated issue. Like Pengu said, most judges wouldn't even bother with it. Nonetheless, it's something that I would not want to get myself tangled up in. Court, lawyers, court, court, court. 

Unless he actually has something at stake, like a little 17 yr old business or something, then I can't understand why he'd bother with the hassle.


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## pds (Jan 19, 2004)

cockneygeezer said:
			
		

> Pathetic, absolutely pathetic. Typical American lawyer bullsh*t. Is that the answer to everything in the USA? Sue them?
> 
> [



see the link, the kid is from BC. 

*bends topic even further
Definition of a Canadian - an American with health insurance and a gun control law.

*escapes from angry mods



			
				Go3iverson said:
			
		

> Yeah, but if Microsoft called you and said the domain you purchased was going to be taken away and they'd give you $10 for your time and effort, you'd probably just retort back "more like $10,000,000.00 ha ha ha" sarcastically.



Maybe, but Microwhatever didn't call him on the phone, they sent him a letter, probably a typical "cease and desist" thingy that is not to be taken lightly. Mike Rowe did not behave in a civilized way to Microwhoevers over-civilized action.

Two fouls. No winners


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## Randman (Jan 20, 2004)

He should be sued for a) being Canadian b) using Micro$oft stuff to begin with.


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## pwharff (Jan 20, 2004)

I donated 5 bucks for his cause!


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## RyanLang (Jan 20, 2004)

Yeah, I sent him 5 bucks also, it's the least I can do to make me feel a tiny bit less enraged about the whole situation. Everybody send him at least a buck! Come on, its against MS so its worth it.


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## mkwan (Jan 20, 2004)

I just love the anti-Canadian sentiment....hey! the feeling is mutual...


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## pds (Jan 20, 2004)

Oh come now, don't be so hyper-sensitive!

the health insurance thing is a Canadian joke (at least I heard it in Montreal) and a slam of Americans, oops I mean United Statesians


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## Randman (Jan 20, 2004)

just joking, eh.


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## pds (Jan 20, 2004)

obviously!

must be all that cold dry air blowing around up there, has folks a little edgy


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## diablojota (Jan 20, 2004)

cockneygeezer said:
			
		

> Pathetic, absolutely pathetic. Typical American lawyer bullsh*t. Is that the answer to everything in the USA? Sue them?


Actually, if I am not mistaken, it was Microsoft's Canadian division and lawyers that filed the suit.  Not the US, although I am sure they supported it.


			
				cockneygeezer said:
			
		

> It's not like that Mike Rowe (soft) name is spelt the same as Microsoft is it! Ain't the USA meant to be the land of the Free, democracy and all that, and yet, if you don't conform, i.e. change your name or else, you'll be sued?


Well, that's what is at issue.  Is a phoenetical spelling protected under a companies trademark?  I would hope not.  But this is what is at stake.

I agree, this is a bunch of shiat.  I think that Microsoft has overstepped it's bounds on this one.  I just hope the judge throws it out.
Good luck, Mike Rowe!


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## Giaguara (Jan 20, 2004)

Mike Rowe should sue Microsoft for mental stress etc ..


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## mdnky (Jan 20, 2004)

Blame Canada...blame Canada...(sorry, just a South Park thing coming to mind...).  The kid screwed up by shooting his mouth off with the 10k thing and it will definitely do damage to his case.  There were much better ways of handling that which would have not added fuel to their fire.

 In the end he would probably be wiser to drop the 'soft' off the name.  It won't cost him a butload in defense, which most likely is going to result in an order for the termination of 'business use' for the domain...similar to the www.nissan.com thing that recently happened.  There's no reason to put 'soft' in the name of the business, especially since he has no link with software.  I don't see a judge missing that point.

 Funny thing about it is if you go to one of the sites this kid designed, you get the good old "Your browser is not Win32 compatible" popup.


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## Giaguara (Jan 20, 2004)

... hmm, is miclosoft.com free? not even an italian or japanese could mix mykerowesoft to microsoft or vice versa .. but the engrish japanese thing .. miclosoft.com would be fun


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## Fahrvergnuugen (Jan 21, 2004)

I just hope he doesn't give in.


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## mkwan (Jan 21, 2004)

Mike Rowe should kick Bill Gates in the nuts for $10000


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## Arden (Jan 21, 2004)

mkwan said:
			
		

> Mike Rowe should kick Bill Gates in the nuts for $10000


 Ha ha ha... that's gotta be every Mac lover's dream!


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## brianleahy (Jan 29, 2004)

For those interested, Microsoft has settled with Mike Rowe:

http://story.news.yahoo.com/news?tmpl=story&u=/nm/20040124/od_uk_nm/oukoe_tech_microsoft_teen_1

What do you think?   A fair settlement?  Or should he have held out for more?


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## Randman (Jan 29, 2004)

He got something for his troubles and his 15 minutes of fame. It's not like he's Star Wars Kid or something enduring such as that.


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## Zammy-Sam (Jan 29, 2004)

isn't he selling some document he got from microsoft where they kinda told him he is using a bad domain and he should give it up? I think I read its on more than $2000 now. Not bad...


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## Arden (Jan 29, 2004)

Eh, he got off pretty well, all things considered.  I don't think he should have tried to squeeze more money out of Microsoft, even if they do have a $50 billion cash cache in the bank.  He got off a lot better than he might have.

He should register mssux.com... LOL


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## bookem (Jan 29, 2004)

It's at $3550 now.  Go Mike Rowe! 

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=3382073018


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## mnor (Jan 30, 2004)

bookem said:
			
		

> It's at $3550 now.  Go Mike Rowe!
> 
> Now it goes up more than $22K...really crazy!!!


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## Zammy-Sam (Jan 30, 2004)

UFFFF
And in the beginning he wanted just $10K ...
What a little crook


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## bookem (Jan 30, 2004)

Lets all get sued by Microsoft


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## Arden (Jan 30, 2004)

Oy vei...


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