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Taking smugness to the next level

Discussion in 'Off Topic [BG]' started by Marlat, Jan 18, 2004.

  1. Marlat


    Sep 17, 2002
    London UK
    This kid is right up their in my books (altough he has quite an unfortunate name):

    Microsoft Article

    What a champion!
  2. Gia


    Feb 28, 2001

    Could they actually legally make him change it ?
  3. nonsqtr

    nonsqtr The emperor has no clothes!

    Aug 29, 2003
    Burbank CA USA
    In Canada? You bet.

    The long arm of Bill Gates...

    He probably has more power than most heads of state. He could buy a lot of small countries lock stock & barrel.
  4. Mission : To assassinate Bill Gates.

    What a F$^*ing *******.
  5. Nick Gann

    Nick Gann Talkbass' Tubist in Residence

    Mar 24, 2002
    Silver Spring, MD
    He is my hero.
  6. i love microsoft, thats why i steal their software:)
  7. Kid has my support!
  8. Joe Turski

    Joe Turski

    Jul 29, 2003
    They can't make him change it, it's not spelt the same!

    Well, maybe they can. Bill Gates is god, right? :meh:
  9. hehehehehehehehe thats great

    a friend of the famliy works for microsoft he thinks its funny

    I think the guy should change his name legally to that id be great
  10. Mud Flaps

    Mud Flaps

    Feb 3, 2003
    Norton, MA
    Aye Aye!

    Support resonates from here as well!
  11. Wrong Robot

    Wrong Robot Guest

    Apr 8, 2002
    I wonder if someone actually typed mikerowesoft.com in hopes to get microsfot.com

    I know I would!
  12. Josh Ryan

    Josh Ryan - that dog won't hunt, Monsignor. Supporting Member

    Mar 24, 2001
    Odd. Funny though.
  13. IANAL, so this is all guesswork, but I sort of have some (continuing as of this semester) background in Internet law issues...

    Jurisdiction over Internet matters is really tricky, but its nature makes the site accessible to those in the USA. Just like US firms were required to comply with French and German law concerning the sale of Nazi memorabilia over Yahoo! auctions (which is illegal in those two countries), he can probably be held liable for this.

    Even if he were just passively making information available for consumption in the USA, that would probably be sufficient for a jurisidiction claim. But considering he seems to be selling his services to those in the USA, then he would almost definitely be held under US law, as that would probably constitute "contacts" in the state.

    Companies have to ruthlessly guard their names and anything even close to it so that it doesn't become diluted. It's why a company like Disney sued a daycare center for painting images of Disney characters on the walls without permission. They have to protect their interests, or it sets future precedents.

    So IMO Microsoft could take this to court, but they'd have a decently tough time proving that this name would hurt their business. They would have to reasonably quantify that attaching "soft" to a name is indicative of their brand, and that this kid is intentionally trying to deceive people and that actual customers would be confused.

    OTOH he's obviously using a recognizable name to his advantage, and this most definitely wouldn't be "fair use" for satire purposes if he's seeking to make a business with it.

    Internet law is obviously still evolving, and these are the kinds of things I have to pay attention to. I'll ask my e-Commerce law professor about this situation sometime this week...at least he's qualified to make his predictions, I'm totally guessing :)
  14. nonsqtr

    nonsqtr The emperor has no clothes!

    Aug 29, 2003
    Burbank CA USA

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