| Author |
 Topic  |
|
dayve
Forum Moderator
USA
5820 Posts |
 Posted - 19 January 2004 : 13:05:11
|
http://www.theregister.com/content/6/34955.html
quote:
In what could easily be mistaken for an Onion story, Microsoft has unleashed the full fury of its lawyers on 17-year-old Canadian high-school student, Mike Rowe, demanding the handover of his Internet domain.
The domain? MikeRoweSoft.com. No, seriously.
Victoria-based Mike is currently studying maths and chemistry and plans to study computer science at Victoria University next year. He registered the domain in August because he thought it would be cool to have a site that sounded like the famous company to show his Web designing skills.
The Beast of Redmond however reckons that the phonetic domain infringes its copyright and insists Mike hand it over or face the consequences.
Mike told us that when an email from Microsoft’s Canadian lawyers Smart & Biggar arrived on 19 November laying out its complaint, he was “amazed and appalled”. He replied saying he didn’t want to hand over the domain and didn’t feel there was any risk it would damage Microsoft’s name.
He then got another email. “They responded to this email by offering to give me all of my out-of-pocket expenses in return for the domain name. This came out to be $10; the amount I paid for the domain. This made me feel insulted. I had spent a lot of time building up my site and I had only been offered $10 for my work. I responded by asking for $10,000, which I regret doing now, for my work and domain name.”
As he now knows, Mike had unwittingly slipped into the classic trap set by companies in order to get hold of domain names - the creation of a “bad faith” use of the domain. By offering to sell the domain for profit (even if sparked by the offer of payment by the other party), according to the bent logic of domain dispute arbitrators, it shows the owner had no legitimate interest in the domain and so it should be handed over.
Microsoft, with its case bolstered, declined and Mike heard no more until 14 January when a 25-page letter and book were Fed-Ex’ed to his house explaining why he would have to hand over the domain, stating he had intended all along to sell the domain for profit and that his domain would confuse Microsoft customers.
“I decided to go to the press when I received the package from the lawyers’ office. I thought people would be interested in my story and I wanted to know what people had to say about the situation I am in. There is really nothing I can do to push or fight this except for telling people how things are going with the whole situation. The domain dispute is in the hands of the WIPO at the moment so I have no control over what happens to my domain name.”
Can Microsoft really be attempting to take a phonetic-sounding domain name? Well, Mike is reassuringly candid and although we have not seen Microsoft’s letter and the company has yet to confirm or deny its threats are real, it seems to hang together. Unless Mike is a first-rate hoaxer, it would appear that Microsoft really has lost the plot and is trying to extend the already flawed domain dispute rules into hitherto unexplored territory.
By making the situation public though, Mike tells us he has been bolstered. “After going to the press, I have realised that I should stick it out till the end. After the massive amount of support I have received from people across the globe I am motivated to stick with what I believe in.”
And so he should. It would seem Microsoft has no choice but to back down as, legally, it doesn’t have a hope in hell of winning and there are plenty of lawyers out there who would love to get a win against Microsoft under their belt.
Mike doesn’t quite know what to make of it all: “I can’t say I have ever been in a more surreal situation than this. It has all been quite overwhelming really. I don’t know what to say about it, I have just been going with the flow.” ®
Ugh...  |
 |
Edited by - dayve on 19 January 2004 13:05:45 |
|
|
masterao
Senior Member
Sweden
1678 Posts |
Posted - 19 January 2004 : 13:27:07
|
quote:
Originally posted by dayve
Ugh...
I can only agree with you, Dayve.
Claiming phonetic-sounding domain names seems very desperate to me. |
Jan
===========
FR Portal Forums | Active Users 4.0.20 Mod |
 |
|
|
ruirib
Snitz Forums Admin
Portugal
26364 Posts |
Posted - 19 January 2004 : 13:57:17
|
I sometimes get surprised when I see such stupid behavior, as this by Microsoft. Is it possible that anyone with a normal intelligence would ever think a user would confuse MikeRoweSoft.com with microsoft.com? Unless they, at Microsoft, are already preparing to use of voice-activated interfaces  .
This is the type of reaction that feeds huge anti MS feelings. Plain stupid, IMHO.
<edited to correct a typo> |
Snitz 3.4 Readme | Like the support? Support Snitz too |
Edited by - ruirib on 19 January 2004 16:33:49 |
|
|
|
DavidRhodes
Senior Member
United Kingdom
1222 Posts |
Posted - 19 January 2004 : 15:27:11
|
I'm off to buy mycrowsoft.com, to show off my collection of stuffed soft crows  |
The UK MkIVs Forum |
|
|
|
dayve
Forum Moderator
USA
5820 Posts |
Posted - 19 January 2004 : 15:34:39
|
quote:
Originally posted by ruirib
I sometimes get surprised when I see such stupid behavior, as this by Microsoft. Is it possible that anyone with a normal intelligence would ever think a user with confuse MikeRoweSoft.com with microsoft.com?
You bring up an excellent point. When I first read this article, it didn't even connect that the name sounded like Microsoft. I am amazed that his counter offer of $10,000 over the measly $10.00 (what an insult) was not considered. I guarantee that the time investment in this action has exceeded $10,000 already. Such a small amount for Microsoft, pathetically small amount. Why couldn't they just pay him off and be done with it, now they have yet another negative anti-Microsoft campaign making news all over the internet.
Off subject a tad bit... didn't Microsoft sue a bra company for them using the words micro soft fibers in the description of their material? |
|
Edited by - dayve on 19 January 2004 15:35:41 |
|
|
|
redbrad0
Advanced Member
USA
3725 Posts |
|
|
seven
Senior Member
USA
1037 Posts |
Posted - 19 January 2004 : 18:32:05
|
I really don't think Microsoft has a chance with this one, since his name is Mike Rowe. I once got approached about a domain name I registered, turned out to be a patented trademark, whick just happened to also be my last name. They gave up easily...
|
|
|
|
|
weeweeslap
Senior Member
USA
1077 Posts |
Posted - 19 January 2004 : 18:36:50
|
| If MS offered 10K now, he should deny it in my humble opinion. Go to court and make them lose more than what they bargained for. |
coaster crazy |
|
|
|
seahorse
Senior Member
USA
1075 Posts |
Posted - 19 January 2004 : 20:41:50
|
I've got a good friend at MS who is always telling how many smart people work there. I don't doubt that. My friend is no dummy.
What amazes me is that how smart people can make so many stupid PR mistakes. Things like this only reinforce the "evil empire" image the company has. Why didn't they just go out and sue a recently laid off single mother of 3 and really screw things up?
|
Ken
===============
Worldwide Partner Group
Microsoft |
|
|
|
RichardKinser
Snitz Forums Admin
USA
16655 Posts |
Posted - 19 January 2004 : 20:58:52
|
quote:
Originally posted by seahorse
Why didn't they just go out and sue a recently laid off single mother of 3 and really screw things up?
that doesn't exempt anyone from being sued.
Microsoft has every right to pursue this. They would have most likely not done so if Mike Rowe hadn't offered to sell the domain for $10,000. The one who made a mistake here is Mike Rowe. Had he not counter offered with the $10,000 price tag, Microsoft wouldn't really have a case here.
But, from reading some of the stuff on his website, it seems that he has gotten what he wanted out of this. His 5 minutes of "fame". And there are probably gullible people out there donating money to him for his "cause".
And since this involves Microsoft, the idiots over at eff.org probably aren't far behind.. |
|
|
|
seahorse
Senior Member
USA
1075 Posts |
Posted - 20 January 2004 : 03:45:20
|
You know that's the MS law firm talking.
Sure they may have the legal right to pursue this, and to a lawyer having the legal right to do something means that you should do it.
But if someone at MS had been thinking about the potential PR damage, they probably would have let it go. If the media is always looking for a chance to make you out to be the bad buy, why throw gasoline on the fire?
Looking at it now, can anyone say that suing this kid was a smart move?
|
Ken
===============
Worldwide Partner Group
Microsoft |
|
|
|
Davio
Development Team Member
Jamaica
12217 Posts |
Posted - 20 January 2004 : 10:22:08
|
Well, the kid is now getting money from all over for those persons who feel sorry for him. He has a "Please Donate to Support my Defense Fund" link on his website to a paypal account. Now to me, this sounds like a scam.
If it was me, and I bought that domain name in good faith, I would keep it, no matter what microsoft offers me. They could have offered me $10 or $1,000,000 I wouldn't have accepted.
Now is he proving that he bought the domain name in good faith, when he is making money out of all the publicity?
Read the updates he has on his site. You can clearly see, he is loving the publicity.
Microsoft checked to see if this kid bought it in good faith. And one of the ways they could find that out was to bait him. And the kid fell for it.
He probably had good intentions for the site, but at the same time, probably figured microsoft would have emailed him about it. And he slipped up.
I'm not on the kids side in this one. |
Support Snitz Forums
|
|
|
|
ruirib
Snitz Forums Admin
Portugal
26364 Posts |
Posted - 20 January 2004 : 10:46:12
|
David, even if what you write is true, why would Microsoft bother with him? There is no way anyone would confuse MS's URL with this kids URL. Better leave him alone...
(On a different note, I would sell any URL of mine for a million bucks, no doubts about that . If I could just have someone making the offer...) |
Snitz 3.4 Readme | Like the support? Support Snitz too |
|
|
|
dayve
Forum Moderator
USA
5820 Posts |
Posted - 20 January 2004 : 11:25:10
|
I think Mike Rowe figured he would counter offer the pathetic $10.00 from Microsoft out of ignorance and nothing else. Although he was wrong in doing so, I don't think it was anything that had malicious intent towards Microsoft. I guess I am just amazed that the Microsoft legal representation and process is going to cost more than $10,000 to pursue. This small and insignificant amount of money is nothing to them.
I agree that Mike screwed up... however I disagree that Microsoft should be able to go after everyone that has a name that "sounds" phonetically the same. |
|
|
|
|
Davio
Development Team Member
Jamaica
12217 Posts |
Posted - 20 January 2004 : 12:31:57
|
I have seen in the past where persons register domain names that sound like the original companies names, but spelt differently. And these sites were used to make these companies look bad, or to make fun of them, and to voice thier opinion on these companies. Sometimes even drive traffic away from the companies site and/or steal thier customers.
So large companies are now registering dozens if not hundreds of domain names that might sound or be mistaken for, thier companies domain name.
That's my assumption, but Microsoft could just be bullying the kid also. |
Support Snitz Forums
|
|
|
|
zeth
Junior Member
United Kingdom
117 Posts |
Posted - 20 January 2004 : 14:24:11
|
quote:
Originally posted by Davio
or to make fun of them, and to voice thier opinion on these companies.
You have both a right to review and a right to parody in America and Britain as far as I'm aware. |
THEOLOGY.ME.UK CROSSRING.COM |
|
|
|
Topic |
|
Topic Locked
