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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."

37 of 401 comments (clear)

  1. Misleading title... by mOoZik · · Score: 3, Insightful

    Suing and threatening to sue ARE NOT equal!

    1. Re:Misleading title... by JaredOfEuropa · · Score: 4, Insightful
      Suing and threatening to sue ARE NOT equal!
      MS threatening to sue is equal to them using more FUD to their advantage, hoping mr. Amadeu will shut up and that other MS opponents will decide to lay low. All this for the cost of a few hour's worth of paralegal work.

      However, I don't think MS would have any problem with actually sueing mr. Amadeu if he continues to spread his 'lies'... even if their case looks weak. They might desist though, if such a lawsuit would turn into a publicity nightmare: "We cheerfully crush the ones that oppose us!"
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    2. Re:Misleading title... by Alsee · · Score: 4, Insightful

      Suing and threatening to sue ARE NOT equal!

      Well, opening the PDF document I see:

      To the Honorable Judge of Law of Law from the Criminal Court of the District of Barueri, State of Sao Paulo.
      blah blah blah...
      "drug dealer practice" offends the most crucial foundations of the rules typifying the felony of defamation, provided at article 21 of the Federal Statute 525-/67
      blah blah blah...
      Plaintiff demands that the Defendant
      blah blah blah...

      I dunno, looks like they are suing to me. Actually the "felony" part makes it look more like a criminal charges than a lawsuit, but I don't know Brazilian law.

      They then go on to a list of questions they are demanding that defendant to answer. To summarize, "Please explain how Microsoft is like a drug dealer!" Oh, the answers are gonna be a real treat! Be sure to tune in tomorrow kids! Same bat-time! Same bat-channel!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:Misleading title... by Alsee · · Score: 1, Insightful

      Anyone reading the thread title would assume MS actually DID sue, which they did not. The anti-MS atmosphere in here is unbearable.

      Yo dopey! As usual it's the "anti-Microsoft atmosphere" which is based on fact, and your attempt to whine that Microsoft is being unfairly picked on which is founded on misinformation and ignorance.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Misleading title... by anshil · · Score: 3, Insightful

      Is "threatening to sue" not blackmailling and thus illegal? I don't know for sure, but remember it is actually illegal in the US...

      I.e. "threatening to fire somebody" is illegal in the EU. You may just do it or leave it, but it is explicit illegal to put it under any condition..

      --

      --
      Karma 50, and all I got was this lousy T-Shirt.
    5. Re:Misleading title... by 0x0d0a · · Score: 5, Insightful

      To be fair, the tactics they are using against employees of their customers that judge their product harshly are also unbearable.

      As someone else pointed out, Ballmer said that "Linux is a cancer" quite recently -- this is hardly worse than "Microsoft uses the business plans of drug dealers".

    6. Re:Misleading title... by julesh · · Score: 3, Insightful

      Note, however, that as Linux does not have the legal status of an individual (which Microsoft does, being an incorporated company), Linux does not benefit from such legal protection as Microsoft does in almost all jurisdictions.

      You can say whatever you like about Linux, and there's not a lot anyone can do about it.

    7. Re:Misleading title... by erroneus · · Score: 3, Insightful

      Threatening to sue? Wouldn't that fall under the FEAR part of "Fear, Uncertainty and Doubt" which is clearly part of the Microsoft M.O.?

    8. Re:Misleading title... by kfg · · Score: 2, Insightful

      "Please explain how Microsoft is like a drug dealer!"

      That would be supplying SCO with crack, your Honor.

      KFG

    9. Re:Misleading title... by M.+Baranczak · · Score: 2, Insightful

      Absolutely right. This is guaranteed to turn into a PR nightmare for MS if they go through with it. Whether they win the case is irrelevant - what they're doing is taking a technical debate which they could win, and turning it into a political battle which they can't win.

      According to one post on Lessig's site, MS-Brazil is now back-pedaling. (All the news sources are in Portugese, so I don't really know what's going on; news.google.com shows nothing except this /. story.)

    10. Re:Misleading title... by cduffy · · Score: 4, Insightful

      "Linux" is a trademark held by Linus Torvalds. General-purpose slander may not work, but there *are* specialized slander-of- torts.

      The GPL may promote a number of freedoms (at the expense of some others), but freedom-of-speech, in this context (that is, speech <I>about</I> the software, rather than speech <I>containing</I> the software), is pretty much orthoganal to it.

    11. Re:Misleading title... by kfg · · Score: 3, Insightful

      . . .there *are* specialized slander-of- torts.

      Of course there are. Try actually applying one to a property that is distributed freely and you'll find the orthoganality you suggest pretty much vanishes. Slander of title and like property torts only apply where direct economic harm is the result. I can call your house ugly 24/7 and there is no slander. If I say it has termites, there may be, because it reduces the salability of the house.

      Not one single penny has ever been asked or received for the millions of copies of Linux that have been distributed.

      There is no extention of the idea of slander of reputation to property. That idea is based on fitness for intercourse with society. The slandered is innately harmed if he is shunned because we are social animals.

      Red Hat may sue SCO for reducing the value of Red Hat by slander against Linux which is part of its product, but "Linux," that is the stuff that Linus distributes freely, has little cause for action because it suffers no harm from speech. Its price is in no way diminished and Linus suffers no economic harm.

      There is good legal reason why Red Hat is suing SCO but Linus is not. SCO may impune Linus's title to Linux, but there is no possible legal redress, and a suit without redress is void (and, of course, SCO has certain legal rights to impune Linus's title, which matter is before the courts. It takes more then impuning title to create slander of same).

      And yes, this is one of the effects of the GPL and why Microsoft cannot attack it with the direct means that it can bring to bear on a company. That lack of attack point works both ways legally. You can't have your cake and eat it too, as they say. The extent to which you make yourself so amorphous that you disapear to the business and legal structure is the extent to which you make yourself so amorphous that you. . . disappear to the business and legal structure. You can't be parallel and orthoganal at the same time.

      Linus may well have a good case against Ken Brown. There Mr. Brown is attacking Linus's professional reputation directly and the normal rules of slander and libel apply. He has no cause for action against Mr. Brown for devaluing the sale price he recieves for Linux.

      Saying a man or a company is like unto a drug dealer may be a slander in some jurisdictions, (and note that in the case in question it is the company against which the slander is charged, not its property, and that such like claims as have been made in America have not been a cause of action because here there would be no slander at all, especially as Microsoft has actually been convicted of the sort of criminal behaviour that is being complained about).

      Calling a property like unto a drug dealer is a legal absurdity.

      KFG

  2. Right on by mkro · · Score: 4, Insightful

    and saying "Linux is a cancer" is just an objective observation.

    --
    I shall go and tell the indestructible man that someone plans to murder him.
    1. Re:Right on by Richard_at_work · · Score: 3, Insightful

      Balmer saying linux is a cancer is attacking the product, not the owners/developers of the product. This Brazilian saying MS is ussing drug dealer like tactics in selling Windows is directly attacking the owners/developers of the product and not the product itself. That my friend is the difference between marketing and defamation.

  3. Question 6 by Space+cowboy · · Score: 4, Insightful


    It looks to me as though the only real question MS can expect a favourable ruling on is question 6: 'Is there any logical connection and/or intention from the Defendant in tipifying (sic) the behavior of the Plaintiff as "drug dealer practice" with the subsequent expression made in the interview of "fear strategy"? '

    Pretty much all of the other "questions" have fairly easy-to-respond to answers which will reflect badly on MS business practices, ie: the low-cost-of-entry and high-cost-of-maintenance, buy in haste, repent at leisure type. I don't think there's any relationship between this overall strategy and the FUD one though, they're just 2 distinct dodgy business practices that MS use [grin]

    Simon.

    --
    Physicists get Hadrons!
    1. Re:Question 6 by SlamMan · · Score: 4, Insightful

      Sure there is. "The first one is free, then they're hooked." By pushing out desktop's and servers at low prices, it makes it hard to get away from them later.

      --
      Mod point free since 2001
  4. Interesting complaint... by Queuetue · · Score: 5, Insightful
    I don't have time right now to read a lot of legalese, but from the article post:

    Microsoft's complaint claims that this is "an excess in freedom of speech and freedom of thought, by means of the dissemination of information."

    Strange that they didn't argue it was untrue. :)
    1. Re:Interesting complaint... by Timesprout · · Score: 4, Insightful

      Thats probably because they are doing what any other company would be prepared to do, offer an initial reduction to gain a contract. The problem here are the emotive terms used by Amadeu, which franky are more damaging than helpful. The language he used make him look like a deluded conspiracy theorist rather than somone presenting a rational fact based argument. Rattling on in this manner is ultimately pointless. Amadeu would have been better off presenting considered comments, pointing to OSS success stories and highlighting how there is a better alternative to Microsoft. Tyring to paint Microsoft as 'drug dealers' for engaging in standard business practise just makes it look like he has nothing to back his arguments up and therefore no point.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
  5. So.... by worfgzr · · Score: 5, Insightful

    If I say that Microsoft's is akin to those of the Maifa, that there licensing schemes are more like the fifdom taxation scheme of Ole England, and that their very existence threatens innovation and the advancement of technology, would I get sued too? I guess I'd have to say those things in a public forum, and be in the position to influence thebuing decisions on thousands, if not millions of people. Kinda like /. . Bring it own Bill! Vern Seward

    --
    I yam what I yam, and dats all dat I yam!
    1. Re:So.... by goldmeer · · Score: 2, Insightful
      If I say that Microsoft's is akin to those of the Maifa,
      I recommend against that!!!
      You don't want to make the mafia look bad.
      Accidents happen to those that make 'The Family' look bad. Look, I like you, and might be in a position to talk to those that may have been offended by your indiscretion.
      I will go out on a limb for you.
      There will come a time that I will ask you to go out on a limb for me. I trust that the favor will be returned in kind at that time. Look you are smart, but sometimes you need to stop being smart and think for a minute. If you stop being smart so much, you won't find yourself into these kind of jams.
      Don't worry, I'm sure that I will smooth it over for you.
  6. No, not at all like drug dealing by bl8n8r · · Score: 5, Insightful

    Drug dealing goes like this:

    - give away a product
    - build a dependancy
    - begin charging for the product
    - introduce new "stronger" product

    Q) How is that like anything Microsoft has ever done?
    A) Microsoft has never cut their product with corn starch (that we know of).

    --
    boycott slashdot February 10th - 17th check out: altSlashdot.org
  7. Truth is an absolute defense by squarooticus · · Score: 5, Insightful

    In the United States, truth is an absolute defense against charges of slander or libel. This is one of the many immensely logical precepts of our legal system that most of us on Slashdot (including myself, I know) take for granted just as we criticize other aspects of the same system. Let's have a round of applause for the US in this matter, and then go right back to criticism. :)

    Cheers,
    Kyle

    --
    [ home ]
  8. Re:FUD by 0x0d0a · · Score: 4, Insightful

    They are just like the linux guys who threw so much FUD at Microsoft that they've retaliated so hard against us. From the beginning, Linux guys have made their goal the destruction of Microsoft. That attitude is what I think created or exacerbated the problem we have today.

    That dislike of Microsoft is a product of putting up with years of Microsoft's abuse of their customers, not because everyone suddenly decided that "OS vendors should not have names beginning with M, and everyone in such a class should be destroyed".

  9. thought crime? by Anonymous Coward · · Score: 5, Insightful

    "an excess in freedom of thought"

    That doesn't sound any alarms with anyone else? Are they trying to say this is literally a *thought crime*?

    Holy crap.

  10. "The first one is free" by mangu · · Score: 5, Insightful

    Considering that windows comes pre-installed in most PCs, many people believe it to be "free", in the no-pay sense. It's like including a stone of crack in the school enrollment fee.

  11. Freedom of thought ? by wossName · · Score: 4, Insightful

    I think it's just hilarious that Microsoft seems to believe there are limits to the freedom of thought. Especially when it comes to incredibly important matters like their business model.

    --
    Someone is wrong on the Internet!
  12. RL is Graphical? by Moth7 · · Score: 2, Insightful

    Then what am I doing studying from textbooks and writing essays? Real life may be graphical, but a wide range of employment is text based. The key is an even balance to the two, especially if the system is to be used in both settings.

  13. Microsoft marketing: Criticizing Bill Gates by Futurepower(R) · · Score: 1, Insightful


    Microsoft may have a difficult time with this lawsuit, because the drug dealer analogy came from Bill Gates:

    "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."

    If Bill Gates compares his company to drug dealers, why can't a Brazilian official do so, too?

  14. Re:Text of the complaint by roard · · Score: 2, Insightful

    5-What does the expression proferred by the Defendant "strategy of fear, uncertainty, and doubt" referred in the article mean?

    Microsoft asking what's FUD ? Priceless !

  15. wow by ShadowRage · · Score: 4, Insightful

    didnt know you could get sued for stating the obvious these days.

    or getting sued over pointing out the truth.

    wait, yes I did, that's right everyone sues someone else to hush them up or to ruin their life or to a little more cash here and there..

    the man in brazil is correct bout m$, they are like a drug dealer, they spread their product, and lock in customers, and stifle all competition and innovation using unfair and illegal methods.

    In this case, innovation could be compared to someone cleaning up a community, which would be a hazard for a drug dealer, so the drug dealer gets friends to kill who ever tries to make the area better and make it work for them again, so their business model isnt threatened,such as how manycompanies and linux try to make innovations and bette ralternatives to windows, microsoft goes at the mand makest he market hostile for them and plays unfair because they believe they shouldnt have competition.

    Unfair and illegal methods could be compared to dealer killing off anyone who sells another kind of drug, in "their territory" or those who dare offer a way for people to stop using a drug the dealer sells.
    (such as them using lies and propagnda, lawsuits, slander, copyrights, etc to attack linux and all opposing forces.)

    So the man is correct, and he could so use that in court, too bad he doesnt read /.
    but I imagine him and his attornies already thought of how to back that.
    But he is correct, and he pointed out ag ood anology that describes microsoft. and it pisses them off because it's going to threaten their dominance and status among another 3rd world nation that they want to con for all its worth.

  16. Re:Previous Article: The Penguin Advances by menkhaura · · Score: 2, Insightful

    IIK! The press law!
    I thought that that monstrosity was wiped out along with the military dictatorship that created it! See, that law was created in 1967, during the most violent period of military dictatorship here in Brazil. It was used to shut those who were against the regime, journalists or not, and twenty years after the end of the regime, that law is back to haunt us. If Microsoft aren't drug dealers, what are they, then?

    --
    Stupidity is an equal opportunity striker.
    Fellow slashdotter Bill Dog
  17. The Filing is Revealing of Microsoft's Mentality by FreeUser · · Score: 3, Insightful
    I love how the submitter is so blatantly trying to get everyone riled up with that quote (oh no, thought crime!), when in fact that quote is actually just a direct translation of Article 12 of the Brazilian Press Law.

    So, the fact that brazilian law has written into it the notion of thought crimes means Microsoft's attempt to apply the definition of thought crime to its critics in a court of law an effort to declare their critics' spoken thoughts crimes doesn't represent Microsoft's stance on the issue?

    Come on, spare us the Microsoft spin. Those who exploit and enforce unjust laws are no less unjust or evil themselves simply because the law itself exists and is on the books. Just ask anyone who spent the time as the wrong ethnicity at the wrong time in Iran, Iraq, Cambodia, Serbia, Spain, France, Germany, the United States, or several dozen other places.

    The filing is in fact very revealing of Microsoft's mentality on the matter ... were it not, they never would have filed the case in the manner in which they did. Their quotation of that particularly noxious clause in the law underscores their take on their critic's criticisms.
    • Brazilian law defines the existence of thought crimes (probably dating back to the military junta there).
    • Microsoft wants any criticism of its cartel-like behavior and marketing strategies to be branded a thought crime under Brazilian law.

    This, irrespective of the truth of the assertions being made, that their ploy does indeed bear remarkable similiarity to the marketing methods of the drug cartels.
    --
    The Future of Human Evolution: Autonomy
  18. MSFT would have a much better case if... by dcavanaugh · · Score: 3, Insightful

    Amadeu wasn't rignt about their business practices.

  19. Re:I'm from Brazil and... by Anonymous Coward · · Score: 1, Insightful

    Sorry my bad english

    If you and I ever try to communicate in Portuguese you will see just how unnecessary this apology was.

  20. Muzzles by The+Ape+With+No+Name · · Score: 4, Insightful

    Interesting that M$ would use the laws of a country that allows politicos to bring charges to muzzle dissent. A lot of Americans thing Brazil is some sort of paradise. It is a nightmare of despair wrought by American neoconservative-backed strongarm politics. Yeah, you can check out the hot pussy in Rio, but you should see a favela.

    --
    Comparing it to Windows will be a moot point, since El Dorado is going to have a 40% larger code base than XP.
  21. are you really like drug dealers? by burritoKing · · Score: 2, Insightful

    Comparing Microsoft to Drug dealers is a bit harsh, as far as I know a Microsoft product has never killed anyone through over use*. Although the stress of running the OS is probably enough to enduce a stroke or at the very least a heart attack in some people.

    [*Disclaimer: Although i am not ruling that possibility out]

    However some people may argue that there are comparisons.

    Microsoft viciously guard their terriority. Any major reseller that tried to ship a system without a windows OS installed would feel the wrath of Redmond. It's just the MS way of sending Joey and the boys round.

    Microsoft first offers you an OS (let's call it XP Home) this is great to begin with. It does everything you need, but one day you realise that it's just not enough. You need more. As luck would have it, there is a better[sic] version out there and all you need to do is open up your wallet.

    But wait it's still not enough you need a decent word processor, perhaps a spreadsheet. You have heard about a few other suppliers, Open Source and the FSF. Should you get something from them, you don't know. MS say there "stuff" is like a cancer. You dont want that, no you better head off to MS, with your wallet wide open again, for your fix.

    Don't worry they say, you are a good customer. You have done the right thing, by coming back, they have the perfect thing for you. Sure the office application is 3 times the price of the OS, but it's worth every penny. How can you afford it, you really need it though. After all there are no other options MS told you so, and they wouldnt do anything to a "good customer". You go home, get your DVD and video player and head to the pawn shop. It's still not enough, so you go back for your cooker. OMG it's still not enough, you start to search down the back of the sofa and in the pockets of your trousers. You need this, and you have to get it no matter what, if only there was a granny you could mug, that would get you the money you need.

    Now you have the money, and your fix of MS product. But you are starting to have your doubts, the product seems impure. Every week you see your other MS using friends come down with some type of illness. Some of them even lost it all, and had to re-install. But it's just must be them, there is no way your friend and supplier would sell you anything that was less than 100% .

    Then it happens, something goes wrong. You panic, call your dealers tech support. Don't worry they say, there is a problem but it's not our fault. You see it's these nasty people, they dont like us, so they try to attack us, (and they are clever). There is a solution they tell you, go to this address. Oh bring some ID cos they can't give this out to everyone. When you get there they will supply you with some packages. Install them, about you will be fine.

    But your not happy, you decide to change supplier. You tell your original supplier this. Don't go they say you are making a mistake. Ours is a better product. No you insist you want to break the habit. Hold on they say, how about they reduce the cost of the product.......


  22. June 19th rings a bell by D4C5CE · · Score: 2, Insightful

    Astounding how such news breaks on this very day that marks the anniversary of a historic event when another country in a nearby place in Latin America tried to show how imperialism often backfires (even quite literally) on its proponents.
    No one would wish for Brazilian politicians to resort to firing squads (where an army of penguins -and lawyers- will do), but this strange coincidence should serve as a surefire warning for emperors of any kind not to defy their companies' destiny by forcing products and business models down someone's throat where entire countries reject them:
    "You're not welcome here" is a message loud and clear...