MikeRoweSoft

[Shovel]

Yes. But Microsoft saying that it's a trademark issue and it actually being a trademark issue are different things.

I can see why they'd defend it anyway - other than selfishness - since if www.microsoft.sex were to get hauled into the dock one day, and said "but you let Mike Rowe get away" then Microsoft find themselves having to fight against phonetic trademarking - which of course they'd probably quite like to have if the opportunity came along.

 

[yaruar]

Yes. But Microsoft saying that it's a trademark issue and it actually being a trademark issue are different things.

I can see why they'd defend it anyway - other than selfishness - since if www.microsoft.sex were to get hauled into the dock one day, and said "but you let Mike Rowe get away" then Microsoft find themselves having to fight against phonetic trademarking - which of course they'd probably quite like to have if the opportunity came along.

it's a very dark grey ares with phonetics, in the same way that common mistypes are. Would micr0soft.com or microsofy.com breach trademark? possibly. The law is still being tested all the time when it comes to the internet so it's hard to say where the lines will be drawn in the medium to long term.

the problem for me with this whole case is that mike rowe knew exactly what he was doing when he registered the domain, whether it was for a joke or because he wanted more hits for his web design work (he has been quoted as saying both) he was deliberately using the microsoft (tm) name to create hits on his site. If it was accidental I'd say that had a case for unfairness/unjustness, but he did deliberately use a variation of a trademarked name because it was a trademarked name.
He should have passed on the site to MS when the offer came through.

the way things stand I doubt this will go to court, all the info from microsoft has been that they are trying to settle this amicably and in a way that can not damage their trademark.

 

[Scouse]

You have to be careful here. This is not and never has been a copyright issue.

No. I don't have to be careful. Trademark/copyright/whatever - thats being pedantic as we're not in a court of law - we're in a gaming forum

The fact still stands that it's a bullying tactic and wrong.

 

[yaruar]

No. I don't have to be careful. Trademark/copyright/whatever - thats being pedantic as we're not in a court of law - we're in a gaming forum

The fact still stands that it's a bullying tactic and wrong.

it's not particually pedantic and it's entirely relevant to bring up the distinction as each has to be dealt with in different ways especially with trademark abuse.

and if we are a gaming forum then maybe we shouldn't debate these things.

 

[Insane]

No. I don't have to be careful. Trademark/copyright/whatever - thats being pedantic as we're not in a court of law - we're in a gaming forum

Whaaaa??!!!???

we're supposed to be talking about games in here?

oh bollocks

 

[Scouse]

Anyone who read my last post before I deleted it, pls ignore. Lunchtime drinking eh

 

[~Yuckfou~]

it's not particually pedantic and it's entirely relevant to bring up the distinction as each has to be dealt with in different ways especially with trademark abuse.

and if we are a gaming forum then maybe we shouldn't debate these things.

Is he for real?

 

[Wazzerphuk]

and if we are a gaming forum then maybe we shouldn't debate these things.

Aye, and then maybe you can stop arguing Microsoft's case so vigorously when in fact no-one cares about the differences of copyright, trademark, whether or not they have grounds to.

Quite why people are still covering the same ground on this is beyond me, dullest thread evar?

 

[yaruar]

Is he for real?

I'm sorry for trying to have an intelligent informed debate on here.

I'll just post pictures of tits shall I like the most popular thread on here.

Will that make people happy....

 

[nath]

Yes.

 

[yaruar]

Aye, and then maybe you can stop arguing Microsoft's case so vigorously when in fact no-one cares about the differences of copyright, trademark, whether or not they have grounds to.

Quite why people are still covering the same ground on this is beyond me, dullest thread evar?

If you don't like the thread or it's contents you don't have to read it, it's as simple as that really.

I'm sorry for being so pro microsoft (didn't realise I was being, oh well...) I'm just trying to point out the reasons why things are happening the way they are in the context of the law...

But then again I forgot, according to you as I play daoc I'm not allowed to post on these forums anyway

 

[Wazzerphuk]

That's right, why don't you go and lick some more MS bum, DAoC weenie!

(Dear God they get stupider and stupider, I swear.)

 

[Doh_boy]

Surely the fact that if you compare micr0soft.com to microsoft.com (or microsofy.com) they are similar and contain mostly the same letters. If you look at Mikerowesoft.com and compare it to microsoft.com they are markedly different. I remember reading that for a trademark to infringe another is for the two to be similar enough to cause a person confusion. As this is the interent that definition is more important because mistyping is easy when you're not paying much attention.

Also when you say that he added 'soft' to the end malicously I believe you're either being too harsh or exagerating to prove your point. He admits to adding 'soft' to the end of his name for a laugh. Regardless of why he did it adding soft to the end of something isn't enough to create trademark infringement. Mikerowe and micro aren't close enough to, ever, be confused with each other. So I'll ask you, do you seriously think that you would/have in the past be (been) misled by the Url mikerowesoft.com? Because when it comes down to it that's the arguement.

Unless you're arguing for the phonetic of a trademark to be defended then the sticking point in this case is that the other site is an online only affair and wouldn't been spoken aloud quite as often as an off-line business would be.

 

[yaruar]

That's right, why don't you go and lick some more MS bum, DAoC weenie!

(Dear God they get stupider and stupider, I swear.)

Well seeing as I've seen nothing to denote any intelligence or insight from your direction yet that's not much of an insult.

Some badly conceived attempts at humour on other threads, but nothing special to drag you up from the general mediocracy.

 

[Wazzerphuk]

Well seeing as I've seen nothing to denote any intelligence or insight from your direction yet that's not much of an insult.

Some badly conceived attempts at humour on other threads, but nothing special to drag you up from the general mediocracy.

You're beginning to get the idea. However you're still trying to push that nail into the wall with that wobbly hammer.

 

[yaruar]

You're beginning to get the idea. However you're still trying to push that nail into the wall with that wobbly hammer.

Problem is, you have to be carefull hammering into plasterboard as it's so delicate one mistimed hit can shatter the whole underlying structure.

 

[Will]

yaruar : the reason people are reacting so strongly against you is the simple fact that you are supporting a multi-billion dollar company in its quest to take a 17 year-old kids domain away. There is no case of trademark/copyright dispute, since no one, as has been said, would be fooled that MikeRoweSoft and Microsoft are the same company, they don't compete for customers.

They may have acquired the legal high ground, but they have managed to lose the moral high ground rather convincingly.

 

[Wazzerphuk]

Problem is, you have to be carefull hammering into plasterboard as it's so delicate one mistimed hit can shatter the whole underlying structure.

Would serve you right for making your base on shit then, wouldn't it?

 

[yaruar]

yaruar : the reason people are reacting so strongly against you is the simple fact that you are supporting a multi-billion dollar company in its quest to take a 17 year-old kids domain away. There is no case of trademark/copyright dispute, since no one, as has been said, would be fooled that MikeRoweSoft and Microsoft are the same company, they don't compete for customers.

They may have acquired the legal high ground, but they have managed to lose the moral high ground rather convincingly.

All these reports are coming from a single press handout.

When the case is looked at in more detail though it appears that microsoft are actually trying to resolve this dispute without sueing the guy.

Although as I've said before, this guy must have known what he was doing. He's a self proclaimed geek and any geek will know that microsoft will protect their market.

 

[Doh_boy]

Problem is, you have to be carefull hammering into plasterboard as it's so delicate one mistimed hit can shatter the whole underlying structure.

Having worked with it for ages I'll say with some little authority that you want to use a light metal structure and screw* using a controlled burst on a screw-gun. As long as you have the collar on you won't drill too deep. Sorted.


*Never hammer nails.

 

[Lazarus]

*Never hammer nails.

But that was what they were designed for.

 

[yaruar]

Would serve you right for making your base on shit then, wouldn't it?

My base is only a temporary creation based itself around the missive to which I am replying though.

Which really makes it a poor facsimile doesn't it.

 

[Will]

We are reaching the line that gets threads closed. Next insult gets an edit, next one after that gets things closed.

 

[Lazarus]

jeezuz!!!

a straight forward post indicating a large corporation bully boy tactics adn it turns into a pro/con MS

put yourself in Rowes shoes. He registers a domain (perhaps as a joke at the time) and then builds and adds to it developing what he hopes, will be his future business. Then along come MS and say give it to us for $10 or else.

I ask you - would you hand it over?

 

[Doh_boy]

But that was what they were designed for.

It was in the context of 'Don't use nails' I used the above to make it a more complete post-script. If you wanted any more complete it would be "don't nail nails into plasterboard".

 

[Driwen]

jeezuz!!!

a straight forward post indicating a large corporation bully boy tactics adn it turns into a pro/con MS

put yourself in Rowes shoes. He registers a domain (perhaps as a joke at the time) and then builds and adds to it developing what he hopes, will be his future business. Then along come MS and say give it to us for $10 or else.

I ask you - would you hand it over?

the thing is though that Rowes for fun or for practical gain added soft behind his domain so it sounded like microsoft. People most likely wont mistake his domain with microsoft, but Rowe did this most likely knowing that MS might contact him later on.
Also Rowes company isnt gone, because he has lost his domain. He could ask MS to let him keep the domain name for 3 months so he can then register a new one and redirect to that one and slowly make the transition.

But yes 10 bucks is a rather pathetic amount and I would take such an offer as an insult as well. Giving the option to let him use it for some time to make the transition without offering any money might have been accepted more kindly even (or slightly more money might have done the trick).

 

[Scouse]

There is no case of trademark/copyright dispute, since no one, as has been said, would be fooled that MikeRoweSoft and Microsoft are the same company, they don't compete for customers.

They may have acquired the legal high ground, but they have managed to lose the moral high ground rather convincingly.

READ THE ABOVE PEOPLE. IT'S PRETTY FUCKING SIMPLE!!

 

[RandomBastard]

any1 for a free-mikerowesoft site

*gets his coat

 

[Driwen]

READ THE ABOVE PEOPLE. IT'S PRETTY FUCKING SIMPLE!!

and then mr Rowe turns his domain into a real coorperation with commercials. Where it isnt just text you read, but the phonetics actually play a part aswell. I wouldnt know for sure, but it might be the case that unless MS fights Rowe's domain name now they might not have a case later when it actually does matter.

Also if MS allows this name, maybe a name that is actually damaging them might be allowed aswell as they didnt take action against mikerowesoft.

 

[Scouse]

Also if MS allows this name, maybe a name that is actually damaging them might be allowed aswell as they didnt take action against mikerowesoft.

It's not a question of MS allowing anything. They've got NO LEGAL BASIS WHATSOEVER to do what they've been doing.

It's heavy handed bullying tactics, the kind of which are employed all the time by large corporations who will stomp over all the "little man's" basic rights all the time if we allow them.

And don't think they don't. Often.... Baby... :|