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View Full Version : Microsoft sues kid for being named Mike Rowe...


MacBytes
Jan 19, 2004, 10:48 AM
Category: Microsoft
Link: Microsoft sues kid for being named Mike Rowe... (http://www.macbytes.com/link.php?sid=20040119114835)

Posted on MacBytes.com (http://www.macbytes.com)

Approved by Mudbug

Mudbug
Jan 19, 2004, 10:49 AM
oh...


my...


god...


I can't believe this is serious...

nagromme
Jan 19, 2004, 11:13 AM
Insult to injury... when the kid wanted to settle, they offered him ten dollars to stop using his domain!

mrsebastian
Jan 19, 2004, 11:26 AM
what a bunch of bastards!!!!! i'm kinda surprised disney hasn't sued me for having the name sebastian, which is also the name of the crab in little mermaid... come on m$ this is just stupid.

the really funny thing is, he offered to sell he domain name for $10,000, but the m$ high-priced lawyers probably charged m$ $20,000 just to send this poor kid a threatening letter.

stick to your guns mike! someone call steve and tell him to send mike a g5 server to run mikerowesoft :D

latergator116
Jan 19, 2004, 11:33 AM
They only offered him 10 dollars??!!!....what cheapskates. Now 10,000 dollars is another story.;)

billyboy
Jan 19, 2004, 11:37 AM
Just change his domain name to MikeRoweSoftware. Might get another $10 from MS. Or split the difference between the two offers, $5005 should do it to finance Mike's first attempt at a windows Operating System that works.

Mr. Anderson
Jan 19, 2004, 11:44 AM
That's just pathetic - but with the news coverage I'm sure things will get changed around soon enough. Provided Mike Rowe doesn't just give up.

M$ - what a bunch of idiots - not a very impressive move there guys.

D

bennetsaysargh
Jan 19, 2004, 11:53 AM
well, 10 dollars isn't that much. it can't even buy you a shirt anymore. well, maybe he should get a G5 server to run it:p

SilvorX
Jan 19, 2004, 12:38 PM
that is ***** pathetic, if someone had the last name Apple or more commonly Macintosh, would apple get in a hissy....maybe *shrugs* but its a persons freaking name, these law suits over "having the same name as a famous person" and such are getting pathetic

1macker1
Jan 19, 2004, 01:40 PM
I totally agree with MS, he's just trying to get money from them. His name is MikeRowe....not MikeRoweSoft. He's just some random bastard trying to get some easy money.

Bob Knob
Jan 19, 2004, 01:54 PM
CNN's Headline News ran a ticker on this.

(edit) And now they did a brief story on it, just a report, no interviews.

MrMacMan
Jan 19, 2004, 02:24 PM
I totally agree with MS, he's just trying to get money from them. His name is MikeRowe....not MikeRoweSoft. He's just some random bastard trying to get some easy money.

What the heck are you on?

All he did was add 'soft' to his name, which is fine because he mas a SOFTWARE company.

I mean it doesn't take a genuis to abverate software... and also really it sounds like Microsoft, but that still is a good thing.

simX
Jan 19, 2004, 03:01 PM
Originally posted by 1macker1
I totally agree with MS, he's just trying to get money from them. His name is MikeRowe....not MikeRoweSoft. He's just some random bastard trying to get some easy money.

How come I am totally not surprised at the position you take on this topic? :rolleyes:

filipp
Jan 19, 2004, 03:07 PM
Mike, you're the man!
Fight'em!

nagromme
Jan 19, 2004, 03:14 PM
Trying to get money? He just had a legitimate personal site with a pun on his name--it was MS who contacted him, not the other way around!

And it was MS who named the first amount: $10. Mike only named a higher figure later in RESPONSE to that insult. And $10 is indeed an insult.

PS... Who exactly is it that goes to MikeRoweSoft.com, which doesn't even pretend to parody MS in any way... and then actually believes they are somehow on the MS site, thus losing business or damaging the MS brand??

Kirkster
Jan 19, 2004, 03:25 PM
That does not even cover the cost of the DNS registration. Would have pissed me off also. Stick to your guns on the 10K mark. Not over the top since they insulted you. If Mike would have said One Million Dollars (with a pinky to his lips) I would have to say he was trying to take it to microsquish, but when they came back with 10 Bucks I would have been insulted also.

K

redAPPLE
Jan 19, 2004, 03:32 PM
now is the time for mike rowe to put some merchandise in his site... coz he is gonna get a lot of hits! :D

Nermal
Jan 19, 2004, 03:34 PM
More detailed article here (http://www.theregister.co.uk/content/6/34955.html).

1macker1
Jan 19, 2004, 04:04 PM
Don't know and don't care.
Originally posted by simX
How come I am totally not surprised at the position you take on this topic? :rolleyes:

awulf
Jan 19, 2004, 04:49 PM
Microsoft tries to destroys anything it doesn't like.

www.MikeRoweSoft.com doesn't work anymore. Looks like his web server shut it down.

Forbidden

You don't have permission to access / on this server.


Apache/1.3.27 Server at www.mikerowesoft.com Port 80

Classic
Jan 19, 2004, 05:23 PM
Originally posted by awulf
www.MikeRoweSoft.com doesn't work anymore. Looks like his web server shut it down.

I did a whois and found his webhost is http://www.motionxl.com/

Pretty funny. They have a little News column on the left apologizing for the slow network connections because one of their clients had "overwhelming traffic."

Anyway, Mike, screw 'em! Stay strong!

Nermal
Jan 19, 2004, 05:28 PM
Apache/1.3.27 Server at www.mikerowesoft.com Port 80

Ah, THAT'S that reason MS want it shut down - it's not running MS server software!

SilvorX
Jan 19, 2004, 05:38 PM
looks like someone registered mikerowesoft.org/.net/.info as well as a few others today, probably theyre hoping to get $$$ from M$

smorr
Jan 19, 2004, 05:47 PM
Once he settles, he should register the domain "buttheadsoftwarecompany.com" and go for another 10K from M$

pgwalsh
Jan 19, 2004, 07:08 PM
Originally posted by 1macker1
I totally agree with MS, he's just trying to get money from them. His name is MikeRowe....not MikeRoweSoft. He's just some random bastard trying to get some easy money. He didn't approach them and he has every right to choose that name.. It's silly for Microsoft to do anything.. They're not going after ****Microsoft.com are they? no..

simX
Jan 19, 2004, 07:45 PM
Originally posted by 1macker1
Don't know and don't care.

Spoken like a true Windows troll. *clapclapclap*

Sabenth
Jan 19, 2004, 09:27 PM
all that i can say is this LMAO good one kid keep it up and rub there noses in it.. 10 Dollars jeez

suntzu
Jan 19, 2004, 09:31 PM
... he can't be sued for a number of reasons. Let's start with the money. Since they offered HIM $10 and he counter-offered $10,000, then you can figure that as entrapment. They brought it up and made an offer, he simple counter-offered.

Second thing, it's not copyright infringement because he's parodying which is protected by the law. Imagine if SNL got snagged for every-time they mentioned a celebrity or made fun of a company.

It's like if I called my site BruceGreenofDeath.com. Microsoft can't sue me.

1macker1
Jan 19, 2004, 09:33 PM
well i do declare mr. beauregard, such words.
Originally posted by simX
Spoken like a true Windows troll. *clapclapclap*

revenuee
Jan 19, 2004, 09:41 PM
Tomorrow i'm going to go put a copyright on;

"the", "and" and maybe the letter "a" and the number "1"

so if any of you uses any those four things in any sentence -- you have to pay me 10$ each time.

or i'll sue you for copyright infringement.

1macker1 looks like you owe me 30$


:rolleyes:

1macker1
Jan 19, 2004, 11:43 PM
Yeah, but i own the copyright to the words "copyright" and "infringement", thus making you legal documents useless and wouldn't hold up in court.
Originally posted by revenuee
Tomorrow i'm going to go put a copyright on;

"the", "and" and maybe the letter "a" and the number "1"

so if any of you uses any those four things in any sentence -- you have to pay me 10$ each time.

or i'll sue you for copyright infringement.

1macker1 looks like you owe me 30$


:rolleyes:

revenuee
Jan 20, 2004, 08:30 AM
Originally posted by 1macker1
Yeah, but i own the copyright to the words "copyright" and "infringement", thus making you legal documents useless and wouldn't hold up in court.

LOL .... then you agree that my statement is ludicrous right?


As i see it ... Microsoft suing Mikerowesoft is just as asinine.

1macker1
Jan 20, 2004, 08:40 AM
Oh I think it's insane, but I can see why they would do it from a business standpoint.

revenuee
Jan 20, 2004, 08:56 AM
Originally posted by 1macker1
Oh I think it's insane, but I can see why they would do it from a business standpoint.

But how? why?


The kid doesn't doesn't design software

and i don't see microsoft owning rights to the word soft (unless i missed something) .

1macker1
Jan 20, 2004, 09:03 AM
Because there are some idiots out there that will think he is some how some way, working inconjunction with the real microsoft. You might believe it, but it happens.
Originally posted by revenuee
But how? why?


The kid doesn't doesn't design software

and i don't see microsoft owning rights to the word soft (unless i missed something) .

sgtlmj
Jan 20, 2004, 09:41 AM
Like I suggested on the other thread: Once he wins he should change his name to Steve Jobs or Mack Intosh out of spite. He could be the web page designer formarly known as M$.

jrv3034
Jan 20, 2004, 09:44 AM
Originally posted by 1macker1
Because there are some idiots out there that will think he is some how some way, working inconjunction with the real microsoft. You might believe it, but it happens.

But it's not even spelled remotely the same way!!!! NO ONE would accidentally show up at his website thinking it was MS, and even if they did, WHO CARES?!

This is ridiculous. I hope he wins all of their money and spreads it amongst the poor of the world.

1macker1
Jan 20, 2004, 09:46 AM
MS cares.

Mudbug
Jan 20, 2004, 09:54 AM
DNFTT. thank you.

crazytom
Jan 20, 2004, 10:19 AM
Mike Rowe should countersue, claiming that M$, its name and its practices give his character and business a bad reputation. He could sue for lost potential wages (possibly 100's of thousands), pain and suffering (millions!), and defamation of character (more millions!).

:D

rvernout
Jan 20, 2004, 10:23 AM
Originally posted by revenuee
But how? why?


The kid doesn't doesn't design software

and i don't see microsoft owning rights to the word soft (unless i missed something) .

I am afraid the boy hasn't got a chance in court.

Microsoft has become a well known trademark (unfortunately). According to the trademark law well know trademarks are protected against infringement even if the potential infringer's commercial activities are not related to the activities that the trademark is registered and used for. Therefore I am not allowed to set up a commercial web-design activity called Coca-Cola, or in fact Microsoft.

Mikerowesoft is phonetically identical to Microsoft. This situation is covered by the law, and thus there is infringement.

A judge has the possibility to weigh the parties' interests before making his judgement (such as the fact that the boy is using his own name), but unfortunately Mike Rowe could have chosen any word to add to his name but "soft", and thereby easily avoid infringement.

So, Microsoft will easily win this case. It still seems quite pathetic though to actually sue him at this stage, where it isn't really a commercial activity yet. A friendly warning would be more appropriate and yet preserve Microsoft's rights. Uhh, Microsoft and friendly?

Sun Baked
Jan 20, 2004, 10:35 AM
Victor's Secret won in Kentucky... considering it was the dude's name he used for his adult shop.

But he had already changed his shop name by the time victory arrived.

At least he didn't have to pay damages, nor did he do any damage to the trademark, since people are smart enough to tell the difference between a lingerie store and an adult boutique.

Remember there are PC users who get confused easily.

So it's doubtful this kid will win, especially when the MS lawyers get through telling the judge how dumb their customers are, and how they might actually think this is their site.

sgtlmj
Jan 20, 2004, 10:54 AM
The Simpsons "Das Bus"
Original airdate on FOX: 15-Feb-1998


Homer: Ooh, they have the Internet on computers now!

Marge tells Homer Bill Gates is here to see him. Homer panicks, and tells Marge to get out of here so it doesn't look like a two-bit operation.

Bill Gates: Mr. Simpson?

Homer: You don't look so rich...

Bill Gates: Don't let the haircut fool you, I am exceedingly wealthy.

Homer: [quietly] Get a load of the bowl-job, Marge!

Bill Gates: Your Internet ad was brought to my attention, but I can't figure out what, if anything, Compuglobalhypermeganet does, so rather than risk competing with you, I've decided simply to buy you out.

Homer and Marge quietly discuss this proposal.

Homer: I reluctantly accept your proposal!

Bill Gates: Well everyone always does. Buy 'em out, boys!
[Gates' lackeys trash the room.]

Homer: Hey, what the hell's going on!

Bill Gates: Oh, I didn't get rich by writing a lot of checks! [insane laughter]

1macker1
Jan 20, 2004, 10:55 AM
Yeah, he stated in the article that he thought it would be funny. Well I guess MS missed the punchline. They'll settle out of court.

noxes
Jan 20, 2004, 01:03 PM
Looks like m$ is getting a little to much exposure on this one.
http://news.com.com/2100-1014_3-5143614.html?tag=nefd_top

jrv3034
Jan 20, 2004, 02:02 PM
Hooray!!! Never underestimate the power of thew masses! I'll bet they'll pay him a little more than $10.

Nice link, noxes!:D

SiriusExcelsior
Jan 20, 2004, 03:11 PM
Originally posted by rvernout
Mikerowesoft is phonetically identical to Microsoft. This situation is covered by the law, and thus there is infringement.
Myke-row-soft and my-crow-soft are not phonetically identical, besides, if anyone is stupid enough to confuse between the two, they have no hope for the future anyway, because, as you've said, "Microsoft has become a well known trademark" (for better or for worse :P ), so people will know whether it is MikeRoweSoft they're looking for, or Microsoft. You don't see bear.com suing bare.com suing beer.com do you?
At most this should be settled with a link on Mike's site pointing to M$.

And yes, $10 is absolutely absurd. :mad:

1macker1
Jan 20, 2004, 04:09 PM
whether is stupid or not, it is covered by law.

revenuee
Jan 20, 2004, 06:44 PM
Originally posted by 1macker1
whether is stupid or not, it is covered by law.

If i did everything by the law ... i'd never get anything done :D

coopdog
Jan 20, 2004, 10:53 PM
Originally posted by revenuee
Tomorrow i'm going to go put a copyright on;

"the", "and" and maybe the letter "a" and the number "1"

so if any of you uses any those four things in any sentence -- you have to pay me 10$ each time.

or i'll sue you for copyright infringement.

[Kyle] looks like you owe me 30$


:rolleyes:

That sounds so much like Cartman on Southpark! :D

groov'
Jan 21, 2004, 08:52 AM
The Register has a new story about it:

Microsoft prepares Mike Rowe legal exit

"Microsoft has started making the first sounds about extricating itself from the brouhaha surrounding its legal threats against 17-year-old student Mike Rowe and his MikeRoweSoft.com domain.

The Beast of Redmond crossed the line when it sent in its lawyers over the site Mike uses to display his Web design talents, claiming that it infringed the company's trademark. It even went to the trouble of playing out the classic sting where it offered a low amount of money in order to get the owner to ask a higher amount and so "prove" his bad faith with regard to the domain.

However, following a huge amount of negative press coverage across the world, Microsoft is now telling reporters that it may have taken the case "too seriously" after all..."

Read more: http://www.theregister.co.uk/content/6/35012.html

revenuee
Jan 21, 2004, 08:59 AM
Thats it ... I'm switching to Open Office. And totally deleting Internet Explorer.

I'll bite the bullet, and flush the money i put down to get Office X, and download the alternative that is semi compatible.

It is free isn't it?

EDIT

i just wanted to add ... that interestingly enough ... if you put mikerowesoft into good ... the

"Did you mean microsoft?" shows up just over top of Mikerowesoft Design

hmm ... what if i register mightgrowstuff.com ... thats almost phonetically identical to Microsoft if you read it fast :rolleyes: