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(Kotaku)   Micro$oft files "squatting" lawsuit against man who registered the "XboxOne.com" domain name. Fail for choosing stupid name. Double Fail for choosing stupid name that you don't even own. Fark: Guy registered domain two years ago   (kotaku.com) divider line 89
    More: Fail, file folders, domain registration  
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4675 clicks; posted to Geek » on 27 May 2013 at 9:49 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-05-27 06:49:59 AM
Fail for Microsoft. You think even if they bought it from the guy for $100k it'd be cheaper than a lawsuit.
 
2013-05-27 07:28:04 AM

cretinbob: Fail for Microsoft. You think even if they bought it from the guy for $100k it'd be cheaper than a lawsuit.


For some companies it is about the principle of intelectual property and not the cost of the lawsuit. Microsoft being a multi-billion dollar company could shiat out a few million and not be harmed whatsoever.

Kleenex for example fights very hard to keep their intelectual property their own.
 
2013-05-27 09:57:11 AM
Two things:

1) The domain has a registered trademark "XBox" in it.
2) The domain has no content and is simply a parked domain.


Microsoft is going to win this one. It's incredibly rare that anyone would rule a domain like that would not be a squatter.
 
2013-05-27 10:02:14 AM
Get one of those "you only pay me if you win" lawyers. Drag it out as long as you can, or see if they'll settle.

Hell, I would've settled for a free xBoxOne.
 
2013-05-27 10:03:12 AM

cman: cretinbob: Fail for Microsoft. You think even if they bought it from the guy for $100k it'd be cheaper than a lawsuit.

For some companies it is about the principle of intelectual property and not the cost of the lawsuit. Microsoft being a multi-billion dollar company could shiat out a few million and not be harmed whatsoever.

Kleenex for example fights very hard to keep their intelectual property their own.


It's the legal department that initiates these things. I do get it that it would only lead to people squatting on domains in the hopes of getting paid, but seriously, offer a couple hundred bucks first, then go on to litigation.
 
2013-05-27 10:24:30 AM
There can only be xboxone, or so.
 
2013-05-27 10:25:20 AM

MithrandirBooga: Two things:

1) The domain has a registered trademark "XBox" in it.
2) The domain has no content and is simply a parked domain.


Microsoft is going to win this one. It's incredibly rare that anyone would rule a domain like that would not be a squatter.


What if he throws up an xbox one fan site with nothing but links to news about the upcoming console? If it is an active fan site that is clearly not run by MS I thought you could keep it.
 
2013-05-27 10:25:30 AM
Sony, Apple, Samsung, etc would do the same, failmitter

/but hey, MS did it, so it's bad
 
2013-05-27 10:26:13 AM

MithrandirBooga: Two things:

1) The domain has a registered trademark "XBox" in it.
2) The domain has no content and is simply a parked domain.


Microsoft is going to win this one. It's incredibly rare that anyone would rule a domain like that would not be a squatter.


Kotaku fails to mention that the website used to have content and it's not clear when the content was pulled down: http://fusible.com/2013/05/microsoft-files-disputes-over-xboxone-com- a nd-xboxone-net-domain-names/
 
2013-05-27 10:33:22 AM

cretinbob: It's the legal department that initiates these things. I do get it that it would only lead to people squatting on domains in the hopes of getting paid, but seriously, offer a couple hundred bucks first, then go on to litigation.


The problem is that if you offer a couple of hundred bucks, you're acknowledging their rights of ownership.

What many companies do is to buy up the domain, on the quiet, months before product launch. You hire a company that offers to buy it, for the sort of sum that doesn't sound desperate but is profitable (like $500). No connection to the main company, but avoids legal headaches and delays.
 
2013-05-27 10:33:44 AM

mesmer242: MithrandirBooga: Two things:

1) The domain has a registered trademark "XBox" in it.
2) The domain has no content and is simply a parked domain.


Microsoft is going to win this one. It's incredibly rare that anyone would rule a domain like that would not be a squatter.

Kotaku fails to mention that the website used to have content and it's not clear when the content was pulled down: http://fusible.com/2013/05/microsoft-files-disputes-over-xboxone-com- a nd-xboxone-net-domain-names/


http://web.archive.org/web/20021 0*/http://www.xboxone.com

fark cyber squatters ... guessing the domain lapsed and someone else picked it up to squat.
 
2013-05-27 10:42:19 AM
Well at least the guys lives in the UK. Squatters have more rights there don't they?
 
2013-05-27 10:58:57 AM

taxandspend: Come on Subby, if you want to get mad at Microsoft over something, complain about the Xbone being region locked:  http://www.digitaltrends.com/gaming/microsoft-answers-the-question-of - xbox-one-region-locks/


Thats hardly new.  What was really obnoxious is that the Xbox 360 was region locked and most of the games you bought in Europe (at least in Germany) didn't have English options.   Meanwhile, most PS3 games were region free and they all had several language choices on bootup - never had to play German only versions on that.
 
2013-05-27 11:01:22 AM
Not 100% sure with technology matters but filing an arbitration complaint is not the same as filing a lawsuit. It's a process designed to avoid the legal route and goes to an independent panel or person to decide the outcome based on each sides arguments.

I doubt however the decision is binding so if it is decided against Microsoft they then would probably file a lawsuit.
 
2013-05-27 11:07:00 AM
Wonder what they'll do about Xbone.com and Xbone.xxx.
 
2013-05-27 11:22:58 AM
I think that these issues really fall upon usage. If there was an existing website using that domain that was actually doing something, I would side with the owner. However, nothing has been done with it - a true case of cybersquatting - so screw him. I don't like big businesses bullying their way and taking property that is in use by others, but I don't like the purchasing of domains for speculative purchases.
 
2013-05-27 11:23:59 AM
Subby is 100% wrong on this -- Trademark law protects consumers as much as it does corporations.

The person who deserves the "$" sign is the $quatter -- they should have just accepted whatever Microsoft offered them instead of thinking that this was going to be a six figure pay day. Now they're going to get bleadout in court and lose.
 
2013-05-27 11:27:30 AM

cretinbob: Fail for Microsoft. You think even if they bought it from the guy for $100k it'd be cheaper than a lawsuit.


When they win, which they will, the court could order the losing side to pay Microsoft's legal costs.

This is like negotiating with terrorists. You have to demonstrate to squatters that they will always lose in court so down the road they give up quick for little money.
 
2013-05-27 11:28:26 AM
Seriously, we're on the side of squatters now? This was registered just in the hopes Microsoft would someday want it, this isn't a case of a real domain owner being bullied.
 
2013-05-27 11:33:20 AM
 "Well, I don't get rich by writing a lot of checks. Buy him out, boys."
 
2013-05-27 11:33:44 AM

MithrandirBooga: Two things:

1) The domain has a registered trademark "XBox" in it.
2) The domain has no content and is simply a parked domain.


Microsoft is going to win this one. It's incredibly rare that anyone would rule a domain like that would not be a squatter.


It's not 'Xbox One', it's 'Xbo Xone'. Duh.
 
2013-05-27 11:37:09 AM
Stupidest Console Name Ever.
 
2013-05-27 11:39:55 AM

MithrandirBooga: Two things:

1) The domain has a registered trademark "XBox" in it.
2) The domain has no content and is simply a parked domain.


Microsoft is going to win this one. It's incredibly rare that anyone would rule a domain like that would not be a squatter.


Is squatting in and of itself illegal? It seems like a reasonable investment strategy. It's no different than buying land in an area that you think is going to be developed in the future, hoping that a corporate developer will then have to pay you two or three times as much to give it up. Even when people lose their land to eminent domain, they are required to be compensated for it. I think there should be a form of electronic eminent domain, whereby a court can order the domain to the corporation, but the corporation still has to pay something to the squatter.
 
2013-05-27 11:41:11 AM

Superjew: Stupidest Console Name Ever.


Gonna have to disagree with you there. It's not even the stupidest console name of this generation. The Wii U sounds like a retarded kid playing with a toy ambulance.
 
2013-05-27 11:41:26 AM
Is it too late to buy "sellyourxboxone.com" or "xboxoneforsale.com" off of ebay?
 
2013-05-27 11:47:22 AM
i.imgur.com
 
2013-05-27 11:49:30 AM

Tommy Moo: Is squatting in and of itself illegal?


In the US, when it involves squatting on a trademarked name, yes.

http://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Protection_ Ac t

This is a UK citizen so not sure of their laws.
 
2013-05-27 11:53:00 AM

taxandspend: Come on Subby, if you want to get mad at Microsoft over something, complain about the Xbone being region locked:  http://www.digitaltrends.com/gaming/microsoft-answers-the-question-of - xbox-one-region-locks/

Then again, let's be honest: this will only affect non-US gamers seeing as the system looks to be the most America-centric console yet.


Is there any foreign development worth mentioning and importing?  I'm guessing a few Japanese Devs still put out games on Xbox, but sales over there are terrible from what I've read, and the XBone looks to be abandoning the world market.

Nonstarters for me:
-Always online and pinging servers to validate game (as often as 24 hours)
-Ties game to user account and charged used game fee (effectively raising prices on secondary market / destroying it)
-Always listening & watching with kinect
-Seem to be planning on how to use the above as marketing data to sell to vendors (per patents)

Pretty much every new feature is anti-consumer and a wet dream for publishers and data marketers.  Any benefit in lower costs are not going to consumers, but will be eaten as profits for shareholders.  MS is effectively drastically raising prices to be a console gamer, and not giving anyone a lick of anything beneficial in return beside bells and whistles.  When a corp says "this is great fr gamers" you can bet your arse you've about to get bent.
 
2013-05-27 12:05:25 PM

taxandspend: the system looks to be the most America-centric console yet.


www.texasdude.com

AMERICA! FARK YEAH!
 
2013-05-27 12:07:00 PM

divx88: fark cyber squatters ... guessing the domain lapsed and someone else picked it up to squat.


I am under the impression that every lapsed domain is picked off to be squatted. First they siphon search engine traffic intended for the original site, then try to pawn off the domain name later for an inflated amount.
 
2013-05-27 12:10:31 PM
He should countersue, they obviously took the moniker "Xbox One" from this guy.
 
2013-05-27 12:12:43 PM

MithrandirBooga: Two things:

1) The domain has a registered trademark "XBox" in it.



You know for a fact that the domain owner capitalized those specific letter in his xbox?  Because when you go to the actual sites they drop you off at godaddy splashes.
 
2013-05-27 12:16:16 PM

WayToBlue: This was registered just in the hopes Microsoft would someday want it


Two years prior to the announcement of the name of the system?  Can you show us where they went through and registered "Durango.com" as well?
 
2013-05-27 12:18:38 PM

lilplatinum: This is a UK citizen so not sure of their laws.


In the UK, its considered part of trademark law, you have the right to prevent unreasonable exploitation of your trademarks in URLs as everywhere else.

However, it really doesn't matter, as the NAF Arbitration rulings are considered final by ICANN, and the NAF operates cross-border. (In fact, ICANN hand-picked NAF to resolve such disputes for them). So if Microsoft can demonstrate bad faith the registration will be transferred, and that's the end of that.  In effect, anyone who registers a domain is agreeing to be bound by NAF rulings on cybersquatting.
 
2013-05-27 12:19:10 PM

The My Little Pony Killer: Two years prior to the announcement of the name of the system?


Thats kind of how people cybersquat, register a shiat ton of domain names with possible permutations in case one of them happens to be something they want.   It's not like it is particularly price prohibitive to get a bunch of them.
 
2013-05-27 12:24:57 PM

gwowen: lilplatinum: This is a UK citizen so not sure of their laws.

In the UK, its considered part of trademark law, you have the right to prevent unreasonable exploitation of your trademarks in URLs as everywhere else.

However, it really doesn't matter, as the NAF Arbitration rulings are considered final by ICANN, and the NAF operates cross-border. (In fact, ICANN hand-picked NAF to resolve such disputes for them). So if Microsoft can demonstrate bad faith the registration will be transferred, and that's the end of that.  In effect, anyone who registers a domain is agreeing to be bound by NAF rulings on cybersquatting.


That. Under the UDRP, Microsoft is just about guaranteed to get this domain. There's evidence of bad faith registration, since there's no site posted there; it's not clear that the registrant has rights in the name; the name is a famous mark. The only thing that could be a bigger nail in the coffin is if the registrant called Microsoft and offered to sell them the domain for $10k.
 
2013-05-27 12:28:47 PM
All he has to do to prove the domain wasn't using the xbox trademark is say he meant it as "Xbo Xone" or "X Boxone" or "Xboxo Ne"-- Microsoft has to prove intent here, and that's tough to do.

I say the guy deserves a payoff just because he was smart enough to get the jump on the giant corporation so far ahead of time. Nothing huge, but paying a nice bounty for holding the domain for MS shouldn't be a problem.

The lawyers are just being sicced on him to scare him. If he stands his ground, they'll have to pay to make this go away in time to launch.
 
2013-05-27 12:49:47 PM

ZeroCorpse: All he has to do to prove the domain wasn't using the xbox trademark is say he meant it as "Xbo Xone" or "X Boxone" or "Xboxo Ne"-- Microsoft has to prove intent here, and that's tough to do.


Everyone, point and laugh at the guy talking out of his ass.
 
2013-05-27 12:58:49 PM

Tommy Moo: MithrandirBooga: Two things:

1) The domain has a registered trademark "XBox" in it.
2) The domain has no content and is simply a parked domain.


Microsoft is going to win this one. It's incredibly rare that anyone would rule a domain like that would not be a squatter.

Is squatting in and of itself illegal? It seems like a reasonable investment strategy. It's no different than buying land in an area that you think is going to be developed in the future, hoping that a corporate developer will then have to pay you two or three times as much to give it up. Even when people lose their land to eminent domain, they are required to be compensated for it. I think there should be a form of electronic eminent domain, whereby a court can order the domain to the corporation, but the corporation still has to pay something to the squatter.


The issue is not the squatting, but the use of a trademark owned by Microsoft: Xbox. And further, the second issue is using that trademark to purposely dilute Microsoft's property.

This would be like creating some product called AdvilPlus which comes in bottles and is sold in drug stores. What's inside the bottle doesn't matter -- it could be chewing gum.

Squatting factors in because XboxOne was not a company which had been around for a while making a product that could not be confused with the Xbox -- such as if the company made bicycles. The fact the domain was never used in conjunction with anything proves that the intent was to leach off of Microsoft's property.

Also, while I don't think they've ever been tested in court, some states do have laws against cyber squatting (so totally separate from the trademark issue).

And going backing to your analogy to real estate property, there is nothing more sacred in the American legal system than that kind of property, so you can never make any comparisons to it (courts will sooner tear up a will than allow eminent domain to go through).
 
2013-05-27 01:02:50 PM

Theaetetus: gwowen: lilplatinum: This is a UK citizen so not sure of their laws.

In the UK, its considered part of trademark law, you have the right to prevent unreasonable exploitation of your trademarks in URLs as everywhere else.

However, it really doesn't matter, as the NAF Arbitration rulings are considered final by ICANN, and the NAF operates cross-border. (In fact, ICANN hand-picked NAF to resolve such disputes for them). So if Microsoft can demonstrate bad faith the registration will be transferred, and that's the end of that.  In effect, anyone who registers a domain is agreeing to be bound by NAF rulings on cybersquatting.

That. Under the UDRP, Microsoft is just about guaranteed to get this domain. There's evidence of bad faith registration, since there's no site posted there; it's not clear that the registrant has rights in the name; the name is a famous mark. The only thing that could be a bigger nail in the coffin is if the registrant called Microsoft and offered to sell them the domain for $10k.


10k? These people are so freaking greedy. Had they asked for $2,500 and been willing to accept $1,000, that still would have been a massive ROI.
 
2013-05-27 01:04:32 PM
"Sure, the guy did was violate trademark laws, and sure, the guy probably violated cybersquatting laws, but, it's Microsoft, so it's automatically unfair for Microsoft to do anything about it because Linux/Chrome/GNU/open source wharrgarbl."

Pretty much how I read that headline.
 
2013-05-27 01:14:59 PM
Showing as a no-page Godaddy domain that's available for me.
 
2013-05-27 01:58:46 PM

taxandspend: Come on Subby, if you want to get mad at Microsoft over something, complain about the Xbone being region locked:  http://www.digitaltrends.com/gaming/microsoft-answers-the-question-of - xbox-one-region-locks/

Then again, let's be honest: this will only affect non-US gamers seeing as the system looks to be the most America-centric console yet.


Why does this bother you?
 
2013-05-27 02:08:24 PM

Theaetetus: ZeroCorpse: All he has to do to prove the domain wasn't using the xbox trademark is say he meant it as "Xbo Xone" or "X Boxone" or "Xboxo Ne"-- Microsoft has to prove intent here, and that's tough to do.

Everyone, point and laugh at the guy talking out of his ass.


Your ironic levity detector is broken. You'd better call the MS help line to get it repaired.
 
2013-05-27 02:32:44 PM
I'm just excited about the patent they sought for  TV achievements.  I can't wait to get my gamerscore up by watching commercials or tuning in to certain shows that my Kinect tells me to watch.
 
2013-05-27 02:44:56 PM
First thing is Microsoft should have handled this quietly months ago by cutting the guy a check to buy him out.

It would have been cheaper and neater to buy the guy out and have him sign a non disclosure agreement on the matter.
 
2013-05-27 02:46:34 PM
I have a biased opinion on this one.  Microsoft should pay this guy the amount of money they would use on legal fees.   If he is a large time squatter then ignore that.  If he has only a handful of domain names then pay him.
 
2013-05-27 02:54:14 PM
A lot of fellating the sacred corporate cow going on here.
 
2013-05-27 03:05:53 PM
In addition to the reasons already mentioned, subby fail for using a dollar sign in Microsoft's name like it was 1999.
 
2013-05-27 03:21:23 PM

WippitGuud: Get one of those "you only pay me if you win" lawyers. Drag it out as long as you can, or see if they'll settle.

Hell, I would've settled for a free xBoxOne.


You need to get one of those lawyers BUT make sure that the bill cannot be more than 100% of receipts of the suit. None of that "we won your case for you and the award was $1. Here's your $4000 bill for all those billable hours we spent in the bars, I mean legal stacks."
 
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