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Microsoft Jumps on "Sue Teens" Bandwagon
Posted by George D. Ziemann on January 19, 2004 at 12:12 PM   (printer friendly)

VANCOUVER, British Columbia (AP) -- It's Microsoft versus Mike Rowe-soft.

Rowe, a 17-year-old high school senior and Web designer from Victoria, has angered the software giant by registering an Internet site with the address www.MikeRoweSoft.com.

"Since my name is Mike Rowe, I thought it would be funny to add 'soft' to the end of it," said Rowe.

Microsoft, however, is not amused.

It has demanded that he give up his domain name. In November, Rowe received a letter from Microsoft's Canadian lawyers informing him he was committing copyright infringement.

Complete Story

A Better Version is at the Register.


User Comments (These do not necessarily reflect the beliefs of this site)

RythmMethod  
Date: January 19, 2004 @ 12:26 PM
Is there no end to the lunacy of these frigging mega billion corporations? All I can say is I hope Jesus make good on his promise to return soon and put an end to this BS! Let's see if the shyster lawyers can crucify him again like they did 2000 years ago.

scayf  
Date: January 19, 2004 @ 12:35 PM
I wonder if www.BilGaytes.com is taken?

purfus  
Date: January 19, 2004 @ 12:41 PM
I don't think they can get away with that. Mike Rowe has every right in the world to use his own name as he pleases so really they are threatening to sue for the use of the word soft. And if they are trying sue because it sound similar they are off in that respect as well. His Rowe is a far cry from ro. Not to mention the meaning of micro and mike rowe are completely different.

purfus  
Date: January 19, 2004 @ 12:43 PM
Did anyone get to view it before it disapeared?

gdZiemann  
Date: January 19, 2004 @ 12:44 PM
But MS offered to buy the domain for Mr. Rowe's expenses ($10 to register the domain) and he made the mistake of countering that he would sell it for $10,000.

Read the Register link (just added).

independentm...  
Date: January 19, 2004 @ 12:57 PM
I am sure Mr. Rowe will win in court with even a half decent lawer.

Microsuck knows this, but want to sue anyway?

No end to copyright/trademark/patent law abuses these days it seems.

Shmoo, of Electric Gypsy
Support Local and Independent Music!

death123  
Date: January 19, 2004 @ 1:05 PM
They have no place suing this kid just because he won't give up the domain name.

mtekk  
Date: January 19, 2004 @ 1:08 PM
this is retarted. doesn't microshaft have something better to do such as making a better windblows? or maybe they really don't give a damn, and want to controol everything

purfus  
Date: January 19, 2004 @ 1:21 PM
10 dollars. That's just insulting.

purfus  
Date: January 19, 2004 @ 1:21 PM
Hell I'de have told them I was not willing to part with it for less than a million.

compmore  
Date: January 19, 2004 @ 1:35 PM
they know they would loose. like any corporate giant they use the treat of lawsuits to intimidate it's victim weather it's right or wrong. usually it works

undeath  
Date: January 19, 2004 @ 1:52 PM
Microsoft has absolutely no case. Their trademark is specifically for Microsoft, not MikeRoweSoft. There's no way I would let a case like this happen based on the SOUND of a name.

raoulduke1  
Date: January 19, 2004 @ 2:17 PM
" informing him he was committing copyright infringement."

I am not a Canadian lawyer si I may be wrong on this. In the US you cannot copyright a name or title. The protection machanism is Trademark Infringement.

independentm...  
Date: January 19, 2004 @ 2:44 PM
Didn't Fox just recently get laughed outta court when they tried to sue Al Frankin?

Sometimes I think the USA needs a frivolous lawsuit penalty like I hear they got over in England.

Shmoo

compmore  
Date: January 19, 2004 @ 2:47 PM
they have a frivolous lawsuit penalty in England?? wow they should have that here. maybe that'll help curb the upcoming lawsuits the Recording industry in England is about ready to launch

independentm...  
Date: January 19, 2004 @ 3:48 PM
frivolus lawsuits probably only apply when the "little people" try to sue a corporation and not vice versa.


ChairmanMao  
Date: January 19, 2004 @ 4:01 PM
It's a shame too cause that domain name actually made me laugh. I thought microsoft had a better sense of humor, just look at windows 98.

burner97119  
Date: January 19, 2004 @ 5:14 PM
now that they are playing games its time to up the price to $100.000.00 and court cost's . 10 bucks is a joke if they were worried about it they should have made an honest offer, now i would make them put up or shut up

TheSherminator  
Date: January 19, 2004 @ 5:47 PM
Not only that, but "MikeRoweSoft" is not the name of any company anywhere. It happens to be pronounced the same. Well tough shit. My initials are JVC, the same as the successful VCR people. Maybe I should sue them for profiting off of my initials. He is also not profiting off of the use of the name which is spelled very differently but happens to be prounounced the same. Nobody will see that and think that it's related to MS nor would anybody accidentily type that url instead of MS. And even if the aforementioned were wrong.. it's still his name and he is allowed to have it even if MS doesn't want him to.

Screw Microsoft right in the ear.
use linux and openoffice (openoffice.org)
There's nothing else MS is good for. They're not really even good for that. Delete MSN Messenger.. like that multi-billionaire needs more money at the expense of you becomming a marketing guinea pig.

surfside6  
Date: January 19, 2004 @ 6:09 PM
I'd give them the name, all they would have to do is sign a check to Mike Rowe for say 500 million.....

CodeWarrior  
Date: January 19, 2004 @ 6:39 PM
Targetting kids needs to stop...think about this...how many kids are there in this country? Now, imagine they take just a bit more than it takes to buy ONE cd...say 20 bucks a piece, or even 10 bucks...and using the collective purchasing power of millions of people in high school and college...to establish a high dollar legal defense fund, such that if you are sued...you have serious resources to defend you....

Hmmmm...sounds like a great notion to me...kind of like a class action defense :)

CodeWarrior  
Date: January 19, 2004 @ 6:46 PM
How the HELL is using MikeRoweSoft a copyright infringement? Does Billy boy own the copyright to Mike Rowe? There is NO registered copyright for MikeRowesoft...

from me to you mike...download the form, send in your 30 bucks, and register your copyright, STAT!

nyer82  
Date: January 19, 2004 @ 7:11 PM
I can see Microsoft having a case if the domain name was something like Microsfot.com or something.

Theres laws that are on the books that let companies sue someone trying to profit off misspellings of company names. (the most famous of these cases was a pornographer dude who was registering domain names like Bobthebiulder.com and stuff like that.)

However, theres not even a close resemblence of the two domain names in anything besides pronunciation, and its clear he's not trying to mislead anyone that he is Bill Gates.

CodeWarrior  
Date: January 19, 2004 @ 7:25 PM
how about DiaRIAA.com
since the RIAA has oral diarrhea, I'm surprised they haven't complained that name is confusingly similar to theirs :)

raoulduke1  
Date: January 19, 2004 @ 7:35 PM
Wow, I wish I could type. Anyway it has got to be trademark infringement not copyright. And with trademark infringement, infringement can occur when the spelling is different but the phonetics are the same.

If TheSherminator went into the electronics business and tried to use his intials he would be sued for TM infringement and lose. He probably lose if he went into anykind of business with those intials.

Trademark Law is almost as bad as patent law, which is almost as bad as copyright law.

purfus  
Date: January 19, 2004 @ 8:07 PM
Anyone who thinks that the sounds rowe and the sound ro are the same is a moron. A lip reader could tell the difference. Not to mention it is his name and so far I have only seen it written with each word capitalized which makes it a short way of saying Mike Rowe Software, which is what his page is about. If I could see his page I would but I'm sure his software has nothing more to do with windows than maybe it runs on it, which Microcrap should be just friggin tickled about. If they do sue or this kid does settle I'm gonna go register www.microwesoft.com to market my imaginary microwave enhancement devices.

purfus  
Date: January 19, 2004 @ 8:08 PM
Oh and there soft because they have pillows on them.....

compmore  
Date: January 19, 2004 @ 8:11 PM
I just tried going to the site to see what it's about and access is denied.

stilltrying  
Date: January 19, 2004 @ 8:30 PM
One Word COUNTERSUE

TheSherminator  
Date: January 19, 2004 @ 9:34 PM
purfus, I'll work for you.

The soft-as-a-baby's-ass-microwave. Now at www.microwesoft.com

If MS wants to do something about it, they can buy out the company for 40 billion dollars.

Justin42980  
Date: January 19, 2004 @ 10:27 PM
microsoft is a bunch of aholes.. My xbox was defective past warranty after a year and a half because of a faulty thompson DVD drive they put in it and they wanted me to pay 110 dollars to have them fix it even though thousands of people complained about the same problem. The guy I talked to on the phone about it lied to me saying that it was all propaganda.. BS.. I hate Microsuck!

purfus  
Date: January 19, 2004 @ 11:28 PM
Haha, we got a company. Let's incorporate it and make our selves executive officers so we can go by new SUV's and get tax breaks.

furrball316  
Date: January 19, 2004 @ 11:58 PM
hey compmore, try it again. It's up now, apparently he got too many hits and his host had to take it down because of traffic.

kyodylee  
Date: January 20, 2004 @ 12:00 AM
Or how about this one.

DMusic Radio or D's Music Radio?

compmore  
Date: January 20, 2004 @ 12:04 AM
haha. thanks. won't Microsoft and the other mega giants ever learn. If they want to keep something quiet you don't make a big stink.

compmore  
Date: January 20, 2004 @ 12:06 AM
whoops. still says access forbidden. will try tomorrow

TheSherminator  
Date: January 20, 2004 @ 1:44 AM
Alright purfus. We're ready to go. When I get a new SUV can it be an XL Excursion? I can haul my other cars around in the back of it and still have room to take the kids to soccer.

Can we make it a highly profitable non-profit organization? I know who we can model our company after.


clie  
Date: January 20, 2004 @ 7:39 AM
Guys,

Here is the Google cache of the website:

http://66.102.7.104/search?q=cache:FSp2EjIGGqwJ:www.mikerowesoft.com/+&hl=en&ie=UTF-8

Zheldon  
Date: January 20, 2004 @ 10:11 AM
Here are some links to a case that kind of reminds me of this. Some of you may or may not remember it. I hope this post takes HTML. Otherwise I'll just have to post again.

At The Bizjournals and At CNN

Zheldon  
Date: January 20, 2004 @ 10:11 AM
Didn't take. here they are again. http://www.bizjournals.com/dayton/stories/2002/04/15/daily9.html and http://www.cnn.com/2003/LAW/03/04/scotus.trademark/

axxis  
Date: January 20, 2004 @ 12:28 PM
I just checked the MikeRoweSoft web site just earlier. This person is very good at his work.

Hey, Microsoft, leave this kid alone.

stdlibh  
Date: January 20, 2004 @ 4:30 PM
Boycott-Microsoft.com

anyone start this yet?

mawcs  
Date: January 20, 2004 @ 5:26 PM
Microsoft is easing up...

http://finance.myway.com/jsp/nw/nwdt_rt.jsp?section=news&cat=INDUSTRY&feed=reu&news_id=reu-n20127667&date=20040120

MacLiberatio...  
Date: January 21, 2004 @ 2:12 AM
While I totally support the whole 'David vs Goliath' theme that this represents, I think Mike Rowe is a poor example of our David. I personally think this was done just for the publicity and the money. He has gone on the air (and a follow up on CNN) stating that he was hoping Microsoft was going to put him through college, but then contradics himself on his own website. Out of all the people that try this scheme each year, he got lucky and got his 15 minutes of fame.
I would find it hilarious if Microsoft said 'hell with it' and left him alone.

razorpop  
Date: January 22, 2004 @ 1:17 PM
CodeWarrior, I haven't heard from RIAA about my site at DiaRIAA.com. As MacLiberationFront says, that would be the best thing that happens to the site. :-)

Marc, RazorPop / TrustyFiles

PS. I also have GonoRIAA.com ...

Remye  
Date: January 25, 2004 @ 11:32 AM
anyone remember Thomas Dolby? If you do, then you'll probably remember his lawsuit against Sony for the use of the "Dolby" monicher. To be honest, I don't remember who won, but I know that both names/formats exist. Point is, it has happened in the past, people said back then that it would probably happen in the future
This guy was just using his name for recognition (same as brand recognition in my pov).
Billy Gates needs to get off his horse and remember where he came from. He coined the term Microsoft in his freaking GARAGE. Maybe he's worried this Mike guy will replace him?
Tell ya what, with all the press this has gotten, I'd like to see what kind of business Mike Rowe Soft has gotten. What does he sell anyhow?
rant rant rant. Bottom line? Bill Gate$ is just an ass. I wonder if bi11 G8t$ is copyrighted?
ttmmm