--Original Message Text---
From: Erika L Walker-Arnold
Date: Wed, 21 Jan 2004 21:57:58 -0500
Exit strategy?
http://www.theregister.co.uk/content/6/35012.html
Microsoft prepares Mike Rowe legal exit
By Kieren McCarthy
Posted: 21/01/2004 at 10:15 GMT
Get The Reg wherever you are, with The Mobile Register
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. Microsoft takes its trademarks very
seriously, we are told, and the official line is: "We are currently in
the process of resolving this matter in a way that will be fair to him
[Mike Rowe] and satisfy our obligations under trademark law."
The question of obligation is a misleading reference to the stipulation
under US law that a trademark holder defend itself against misuses or
risk losing that trademark altogether. Why that does not exist here is
that MikeRoweSoft is not a misuse of the trademark Microsoft, it is
merely a man's name - Mike Rowe - with Soft put on the end, amounting to
a phonetic approximation of a different word. Funny how Microsoft's
lawyers missed that.
However, while Microsoft admits it may have taken it all too seriously,
are we in danger of taking Microsoft's apparent promises too seriously?
The Beast has not apologised and, note, it has not accepted that Mike
Rowe has the rights to the domain or that it has no legitimate claim on
it.
It won't be the first time that Microsoft, or any other big company, has
backed down in the face of press hostility only to relaunch its efforts
once the fuss has died down.
Due to the nature of the media, this second strike is very rarely
reported because it is viewed as "old news".
We only hope that Mike Rowe gets an apology and such a promise from
Microsoft before he gives the all-clear signal - something that
Microsoft's lawyers will be pushing for right this very second. R
Cheers,
Erika
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