Post by account_disabled on Jan 11, 2024 2:49:43 GMT -5
What proves the license to use software: the installation discs or the license agreement? The answer to the dilemma, which could seal the fate of intellectual property for computer programs, will still be discussed by the ministers of the Superior Court of Justice. Minister Cesar Asfor Rocha, of the 4th Panel, admitted the processing of the Special Appeal filed by Microsoft Corporation against Sergen — Serviços Gerais de Engenharia.
In 1998, Microsoft filed a lawsuit against Special Data the engineering company and obtained authorization to inspect its computers. It is stated in the records that the expertise found hundreds of unlicensed programs. Therefore, Microsoft filed a lawsuit for damages. Microsoft's defense says that there was a violation of article 9 of Law 9,609/98.
The provision provides that the use of computer programs in the country will be subject to a license agreement. And it should be noted that when there is no contract, the purchase invoice or copy licensing will serve to prove the regularity of its use.
Sergen states that it presented all program licenses.
The judge of the 11th Civil Court of Rio de Janeiro ordered that a new examination be carried out. According to Microsoft's lawyer, Alexandre Lyrio , the experts accepted the program installation discs as proof of regularity. As a result, it was up to the judge to decide whether the discs could prove the regularity of the software. The judge considered the documents presented insufficient and the ruling was in favor of Microsoft. According to Lyrio, the stipulated sentence value was 400 times the value of each pirated software.
The engineering company appealed the sentence. The 14th Civil Chamber of the Rio de Janeiro Court of Justice reformed the sentence. The judges understood that the installation discs are sufficient to prove that there is authorization to use the software. The TJ also concluded that the judge should have given reasons for not adopting the expert report to convict Sergen.
Microsoft filed a request for a special appeal, which was not admitted by the TJ of Rio de Janeiro. Then, he sent the Interlocutory Appeal directly to the STJ.
The issue goes beyond the dispute between the largest software manufacturer in the world and one of millions of users of the product. For Microsoft's lawyer, the STJ's decision should establish a watershed regarding the intellectual property of computer programs.
In 1998, Microsoft filed a lawsuit against Special Data the engineering company and obtained authorization to inspect its computers. It is stated in the records that the expertise found hundreds of unlicensed programs. Therefore, Microsoft filed a lawsuit for damages. Microsoft's defense says that there was a violation of article 9 of Law 9,609/98.
The provision provides that the use of computer programs in the country will be subject to a license agreement. And it should be noted that when there is no contract, the purchase invoice or copy licensing will serve to prove the regularity of its use.
Sergen states that it presented all program licenses.
The judge of the 11th Civil Court of Rio de Janeiro ordered that a new examination be carried out. According to Microsoft's lawyer, Alexandre Lyrio , the experts accepted the program installation discs as proof of regularity. As a result, it was up to the judge to decide whether the discs could prove the regularity of the software. The judge considered the documents presented insufficient and the ruling was in favor of Microsoft. According to Lyrio, the stipulated sentence value was 400 times the value of each pirated software.
The engineering company appealed the sentence. The 14th Civil Chamber of the Rio de Janeiro Court of Justice reformed the sentence. The judges understood that the installation discs are sufficient to prove that there is authorization to use the software. The TJ also concluded that the judge should have given reasons for not adopting the expert report to convict Sergen.
Microsoft filed a request for a special appeal, which was not admitted by the TJ of Rio de Janeiro. Then, he sent the Interlocutory Appeal directly to the STJ.
The issue goes beyond the dispute between the largest software manufacturer in the world and one of millions of users of the product. For Microsoft's lawyer, the STJ's decision should establish a watershed regarding the intellectual property of computer programs.