Microsoft Sues Brazilian Official for Defamation

The Importance of writes "Larry Lessig is reporting that Microsoft is threatening a defamation lawsuit against Sergio Amadeu, President of the National Institute of Information Technology (ITI) of Brazil, for comments he has made about Microsoft's business practices, "accusing the company of a 'drug-dealer practice' for offering the operational system Windows to some governments and city administration for digital inclusion programs. 'This is a trojan horse, a form of securing critical mass to continue constraining the country'." Additionally, "To Amadeu, this will be a decisive year to win the 'strategy of fear, uncertainty and doubt', as he classifies the business model of Microsoft." Microsoft's complaint claims that this is "an excess in freedom of speech and freedom of thought, by means of the dissemination of information." Read a translation of the complaint [PDF] and the original article, "The Penguin Advances [PDF]." Lessig notes that this may be defamation in Brazil, but would not be considered defamation in the United States."

Comments

Text of the complaint

[Anonymous Coward]

for those who are PDF challenged, please if you are an author and content is worth more than presentation, use text/html if its published on the internet

The Complaint

PINHEIRO NETO LAW FIRM
To the Honorable Judge of Law from the Criminal Court of the District of Barueri, State of
Sao Paulo.

MICROSOFT INFORMATICA LTDA, a company duly incorporated and existing
according to the laws of Brazil, with its headquarters at the City of Sao Paulo, at Avenida das

Nacoes Unidas 12901, Torre Norte, 27 th floor, enrolled under the taxpayers list under
number 60.316.817/ 0001-03, by means of its legal representative (Document number 01) and
undersigned lawyers, respectfully files before this court and against SERGIO AMADEU
DA SILVEIRA, Brazilian citizen, President of the National Institute of Information
Technology (ITI), with headquarters at SCN Quadra 04 Bloco B Pétala D, room 1102,
Edificio Centro Empresarial Varig, CEP 70710-500, Brasilia, DF, the following

DEMAND FOR EXPLANATION
on the grounds of Article 25 of the Federal Statute 5,250 of February 1967 -"The Press
Law", for the reasons and motives explained below:

I-On the exclusive jurisdiction of this Honorable Court to Receive, Process and Decide the
Present Demand for Explanation

1. Under the express provisions of article 42 of the Press Law, which is mandatory, the
jurisdiction to receive, process and decide the Demand for Explanation is that of the place
where the newspaper or periodical, in this case, the place where the magazine Carta Capital,
was printed. Said magazine published the article which the Plaintiff deems as incriminated.
See below:

Article 42 Ð "The place of the violation, for determining Territorial Jurisdiction, will
be that where the newspaper or the periodical was printed, and that of the place where
the studio of the permitted or conceded radio station is located, as well as the main
place of business of the news agency.
Sole Paragraph Ð Press Crimes are subject to the provisions of article 85 of the
Criminal Procedure Code.

2. The precedents of our Courts are uncontroversial in ratifying the provisions of the Especial
Law, according to the following decisions listed in the law reviews: JUTACRIM 68/ 181; 67/
225; 78/ 412; RT 555/ 343; 559/ 379; 556/ 315; 578/ 361; 656/ 269; 603/ 365 etc.

3. According to the administrative information of the abovementioned magazine, it is printed
at Avenida Marcos Penteado Ulhoa Rodrigues, 700, Santana de Parnaiba/ SP, Plural Editora e 1
1 Page 2 3
Grafica, in the district of Barueri.
4. For this reason, this Court must process and decide the present Demand for Explanation.
II -On the Facts
5. On March 17, 2004, the Magazine Carta Capital published under the title "The Penguin
Advances" a jornalistic article about the growing of private companies which would start to
adopt free software, and about the intention of the federal government to launch an
advertising campaign in favor of this type of software.

6. In this jornalistic article, Mr. Sergio Amadeu, Defendant herein, in the exercise of his
public duties of President of the National Institute of Information Technology (ITI), aiming at
disseminating free software among Ministries, State owned companies and governmental
bodies, made aggressive declarations lacking any kind of technical foundation about the use
of the software developed by Microsoft, Plaintiff herein.

III. On the References and Comments made to the Plaintiff company by the Defendant, from
which one can infer Defamation

7. With purposes still to be clarified, the Defendant, at the condition of President of ITI, gave
an intervitew to the magazine Carta Capital, in which he makes reference and imputations of
offensive nature to the Plaintiff, using phrases and expressions from which defamation is
inferred, under the terms of the article 21 of Statute 5.250/ 67, as fo

Re:Brazil and MS

[Arker]

Actually he's doing nothing more but saying what Bill G. has said in the past.

Here, for example:

"Although about 3 million computers get sold every year in China, but people don't pay for the software," he said. "Someday they will, though. As long as they are going to steal it, we want them to steal ours. They'll get sort of addicted, and then we'll somehow figure out how to collect sometime in the next decade."

MS actually DID sue!

[mangu]

To ask for a clarification formally in a court of justice, like MS did, IS the first step in a libel lawsuit in Brazil. That's the equivalent of a judge in the USA asking the defendant "you are being acused on these charges, how do you plead?"

Amadeu's response...

[KLizard]

Its on Spectras WebLog :

"Sergio Amadeu, himself, have posted a short note about Microsoft's move. It's in portuguese, of course, but here is the translation into english:

'In special response to national and international enquiries from the press, that have been supportive with the brazilian government in this unprecedented moment in which the president of an important public institution in this country suffers personally the action of those interested in keeping an hegemonic model, I come forward, after listening to my lawyers and federal solicitors, to say that the judicial provocation imposed against me is, by its own, so unusual and improper that it does not deserve any answer.

In the other hand, I'd like to register that the purchase of software that preserves the values of openness and freedom is, for the brazilian government, a subject unavoidably connected to the democratic principle. And for it have been a long and painful path to reach our current democratic developmental stage in this country, we will not walk out our fight.

If democracy is a value full of ideology, it will never be an insignificant value. If democracy is a dream, it's the one dream this country will never wake up from.

The future is free.

Thanks you all for the support. '

They clearly sued the wrong person

[dyfet]

They clearly sued the wrong person over publishing an article comparing their business practices to drug dealers since after all, we have this prior statement published in the July 20th 1998 edition of Fortune "Although about three million computers get sold every year in China, people don't pay for the software. Someday they will, though. They'll get sort of addicted, and then we'll someday figure out how to collect sometime in the next decade." from Mr. Gates.