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Microsoft sues Brazilian magazine, IT official for defamation

By Fergus Cassidy on June 20, 2004 (8:00:00 AM)

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<ed by cp 6.20> Microsoft Brazil has initiated legal proceedings against a magazine and a senior government official, claiming the company has been defamed.

In a 7 June filing to the Criminal Court of Sao Paulo, Microsoft said that "Sergio Amadeu, 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."

The filing continues: "In defending free software, Mr. Amadeu does not abstain from criticizing Microsoft, accusing the company of a 'drug-dealer practice' for offering the operational system Windows to some governments and city administration for digital inclusion programs.

"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.

"These declarations made by Mr. President of the ITI, beyond being absurd and criminal, extrapolate prohibitions and violate duties inherent to the public office the Defendant exercises."

Asserting that Amadeu's remarks are infringing speech under Article 25 of the Press Law, Microsoft has demanded that Amadeu answer a list of questions, mostly centred on the use of the phrase "drug dealer practice."

Microsoft wants to know whether Amadeu spoke "about free software to the Carta Capital magazine in an article published on 17 March 2004." And "has the defendant referred to the attitude of the Plaintiff Microsoft as 'drug dealer practice'."

Microsoft also asks: "What does the expression proferred by the Defendant 'strategy of fear, uncertainty and doubt' referred in the article mean?"

Open source in Brazil

As President of the National Institute of Information Technology, Sergio Amadeu has been one of the Brazil's foremost proponents of open source software. The government is committed to open source as a political strategy.

"We are not opting for a product, we are opting for a software-use development model. This is a political decision, and I cannot emphasize this enough, based on an economic reason -- a reduction in the remittance of royalties. It also expands Brazil's technological autonomy and strengthens our collective intelligence," Amadeu remarked recently.

This adoption of open source means that Brazil is the biggest public sector user of Linux in South America. Government targets are committed to exporting around $2 billion worth in software every year; to replacing Windows with Linux in 300,000 federal computers; to transferring $1 billion from the Telecommunications Fund to the free software-based Digital Communications System and to network the country's 200,000 public schools using open source.

Six government ministries are in the process of switching over to open source, and by the end of next year it is planned that 40 percent of ministries will be using open source. Cost savings are estimated at $5.8 million over five years.

Last week, IBM announced it was targeting the Brazilian enterprise IT market with new offerings based on Linux. In its most recent quarterly report, IBM identified Brazil as its hottest growth market in the Americas.

Brazil's drive for open source has led to an on-going war of words between Microsoft and the government, which will now spill out again into the courts.

Last month Microsoft was found not guilty by Brazil's antitrust regulator of stifling software competition following a six-year investigation. The case resulted from claims by Brazilian software house, Paiva Piovesan, that Microsoft had harmed the competitiveness of one of its financial programs.

Microsoft critical of government policy

Microsoft has not held back on its criticism. The company's president in Brazil, Emilio Umeoka, has attacked the government's ideology. He told Reuters recently: "If the country closes itself off again -- as it did when it protected its information technology, 10 years from now we will wake up and be dominant in something insignificant."

He also said the policy of the country's president, Luiz Inacio Lula da Silva, was leading the country in the wrong direction: "The sectors, ministries, and governments with which we have had dialogue we have managed to work well with. Where we have encountered an approach much more ideological, not based on the technical area, we fail to discuss effectively. I don't know if this is the best way to attract investment into the country. I know this is not the best way to create a base of development from which to export, because there's no revenue from something free."

In response to the defamation filing by Microsoft, Sergio Amadeu -- the president of the National Institute of Technology cited by the company in its defamation allegations -- released a press statement last Thursday.

He said the "judicial provocation imposed against me is, by its own, so unusual and improper that it does not deserve any answer. On 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." He ended his statement with "The future is free."

A support campaign has been launched by Softwarelivre Brazil.

Fergus Cassidy is a technology writer with the Sunday Tribune.

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on Microsoft sues Brazilian magazine, IT official for defamation

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Bill Gates 1998: "They'll get sort of addicted..."

Posted by: David Mohring on June 20, 2004 10:41 PM
<A HREF="http://news.com.com/2100-1023-212942.html?legacy=cnet" title="com.com">Gates, Buffett a bit bearish, July 1998</a com.com>

Gates shed some light on his own hard-nosed business philosophy. "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."

#

Re:Bill Gates 1998: "They'll get sort of addicted.

Posted by: Anonymous Coward on June 21, 2004 12:35 AM

I noted on a post on Groklaw that the quote you mentioned could scuttle any legal case that Microsoft brought. Microsoft itself made the association with the drug-dealer-like approach to doing business and that they were actually going to depend on it! Perhaps the defendents could subpeona Warren Buffett and some of his cronies who were in attendance at that gathering to provide a little testimony about what was said.

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the truth

Posted by: Anonymous Coward on June 20, 2004 11:24 PM
So, telling the truth can get you in court....
Nothing new.

DG

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is it April fools day?

Posted by: ammoQ on June 21, 2004 12:06 AM
C'mon, you must be jokin'. M$ doesn't know the meaning of FUD? Next thing you tell me they don't know why anyone could consider them a monopoly.

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how to become MS-addicted

Posted by: ammoQ on June 21, 2004 12:11 AM
This programme is for ISVs:

http://members.microsoft.com/partner/competency/i<nobr>s<wbr></nobr> vcomp/empower/default.aspx

The first two years are very cheap; but afterwards, you cannot renew. It's likely that a software vendor becomes contigent on the tools he's used for two years; so after the two years, it becomes very expensive.

#

Turds smell. A fact is a fact.

Posted by: OwlWhacker on June 21, 2004 12:47 AM
This is interesting.

Somebody tells the truth and it's considered to be defamation? How can you make Microsoft look bad, it already looks bad. Saying that a turd smells is certainly not defamation-related, you just have to sniff to work that out.

If you don't want people to say bad things about you, don't do bad things!

Perhaps everybody that's been subjected to Microsoft's FUD should sue Microsoft?

#

Winner

Posted by: SarsSmarz on June 21, 2004 03:22 AM
This surely wins the 'funniest real story of the month award'.

#

Two-face company

Posted by: Anonymous Coward on June 21, 2004 03:33 AM
I find it a little amusing that this story is being run right next to the one where Microsoft asks for clemency from the EU from its deserved punishment.

#

Re:Two-face company

Posted by: OwlWhacker on June 21, 2004 04:09 AM
Exactly.

Microsoft should 'get as it gives'.

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Addicted to Windows - are you kidding???

Posted by: Anonymous Coward on June 21, 2004 03:45 AM
Sergio Amadeu is a total jerk for comparing drug dealers to something as sleazy as Microsoft! Has he no shame?

See my response to this sad episode at http://www.freedomware.us/world/sa/brz/

And don't miss my campaign site at http://www.edrevolt.org/

I'll bet you Bill Gates is snortin' coke with his business partner, George W. Bush, at this very moment...

David Blomstrom, Seattle

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Re:Addicted to Windows - are you kidding???

Posted by: ickusslime on June 21, 2004 06:45 AM
You sir are to close for your own good<nobr> <wbr></nobr>:) Beware the conspiracy and down with Pink boys!!!

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Many drug companies give out free samples

Posted by: Anonymous Coward on June 21, 2004 05:50 AM
They give samples to doctors who give them to their patients.

The patients (if they like the drugs) will buy them again later.

Why is this libel and an illegal to say analogy?

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Re:Many drug companies give out free samples

Posted by: Anonymous Coward on June 21, 2004 06:56 AM
I think you are right on the money there.

MS has been doing that with Microsoft Media Player (and it's MWV film format), Internet Explorer, and a bunch of other application that they hand out for free.

You can say that the doctors are your System Adimistrator or IT director and your patients are the users (local network or internet)...

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Re:Many drug companies give out free samples

Posted by: Anonymous Coward on June 21, 2004 09:38 AM
I am afraid he won't be able to use this clever workaround because in portugues the word for "drug" which he used ("droga") means only "addictive illegal substance". It can be used (and is) with the meaning of "medicine" only in medical jargon. So, he can't pretend that he didn't say what he said. Besides, the word he used for "dealer" ("traficante") means "smuggler" or "drug dealer". So he heas accused Microsoft directly and can't deny it.

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Re:Many drug companies give out free samples

Posted by: Anonymous Coward on June 21, 2004 06:49 PM
Well, I agree with the "traficante" part he's in a tight corner there, but as to "droga"... what about perscription drugs? the word drug is still there. but I understand what you mean because I'm portuguese, if this happaned here he'd be in the clear...Drug can mean aspirin for all we care, I don't know what's it like in Brazil, though.

either way, this ends up beeing a freedom of speach issue, IMO. he was interviewed, stated his opinion and was sued because he bad mouthed MS...that's just plain silly. MS can ask for a justification, and I think he is free to ignore MS's plee, however sueing him seems rather silly.
like someone said MS is loosing it's marbles.
(loosing marbles in portuguese can mean something else...let's not go there.<nobr> <wbr></nobr>:) )

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Re:Many drug companies give out free samples

Posted by: Anonymous Coward on June 21, 2004 08:18 PM
"Droga" is literally drug (I'm talking about Brazilian Portuguese, I know nothing about "Portugalish"). You can say Aspirin is a powerful drug, for instance. A "Drogaria" is a place where only "medicines" are sold (Aspirin, Tylenol, antibiotics etc.).

"Traficante" has acquired a general bad conotation. Originally meaning "merchant", it came to designate only those associated with wrongdoings, e.g., drug "traficantes", influence "traficantes" (use of powerful relationships to intimidate others).

IMHO, M$ loses either way:

1) Sérgio is considered not guilty and M$'s practices are exposed or

2) Sérgio loses in court but scores a big win for Free Software here, becoming a martyr.

So, I consider suing the guy a "bad move".

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Re:Many drug companies give out free samples

Posted by: Anonymous Coward on June 22, 2004 08:59 AM
I meant, yes, Aspirin is a "droga". New "drogas" are discovered now and then against cancer.

Additionally, "droga" may also designate the commercial establishment which sells "drogas".

#

Re:Many drug companies give out free samples

Posted by: Anonymous Coward on June 22, 2004 11:25 AM
As I stated in my post, "droga" can be used to mean "medicine" too, BUT only in medical jargon. Nobody uses it to mean anything but "illegal substance". It is so true that when we Brazilians want to swear politely we say "Droga!" instead of sexually-oriented bad words like "ca****o" or "b****a". Tylenol is a "droga" only if you are either:

a) a nurse,
b) a doctor,
c) a pharmacist,
d) a coroner,
e) a dictionary maker,
f) a pretentious writer,
g) Portuguese, not Brazilian.

"Drogaria" is an archaic word, survival from a time when "droga" meant only "medicine". Once more it is going out of use and you will only find it in the trade marks of drugstores: "Drogaria X" or "Drogaria Y". Most people prefer to use "Farmácia" instead of it.

"Tráfico" in Brazil implies in smuggling or selling illegal things. We know "Tráfico de Drogas" (drug traffic), "Tráfico de Armas" (weapons traffic), "Tráfico de Escravos" (slave traffic) but we use the word "Tráfego" when we mean some innocent movement about...

Therefore, a "traficante" is someone who smuggles or sells illegal thints, or people! I remember the hassle here a couple of years ago when we came to know that there was an American Representative in the Congress named James Trafficant...

Don't try to shade the fact. Sérgio said what he said...

BTW, today's newspapers are filled with news about a certain software company suspect of being piping money to aid in the election of politicians contrary to president Lula's software politics...

#

I don't think it's a lawsuit yet...

Posted by: Anonymous Coward on June 21, 2004 06:45 AM
It's a request for explanation. It's filed in a Court of Law, but it's not really a lawsuit.

Now, if the explanation turns out to be less than convincing, then they can start a lawsuit. But I'd be surprised if they did. Microsoft already got too much negative publicity all over the World because of this.

And then there's Bill Gates. He did say the idea was to get Chinese addicted and later make them pay for their "fix"... If that's not drug dealer talk, I don't know what is.

#

does this make sense?

Posted by: Anonymous Coward on June 21, 2004 06:49 AM
Some reporter asks for someone's opinion, that opinion is stated, and just because it isn't favorable to MS they sue him? Mind that Sergio Amadeu did not write the whole thing, he was just interviewed...he was merly stating his opinion. so much for freedom of speach, I guess?

what are the legal basis for this? if someone stops me on the street and asks me what I think of Microsoft's business strategy, I can end up getting sued?

#

hNew slogan for Microsoft?

Posted by: flacco on June 21, 2004 09:27 AM
"Microsoft: We're putting the Banana back in 'Banana Republic'!"


also, how incredibly warped and orwellian is it that Microsoft is asking, in its chilling-effect lawsuit, for the victim to define what is meant by F.U.D.?"


maybe MS can create another one of those hideous commercials where business people are running in slow-motion and giving high-fives. camera pulls back to reveal that it's MS's fucking law firm, cashing checks.

#

Re:hNew slogan for Microsoft?

Posted by: Anonymous Coward on June 22, 2004 02:56 AM
That was pretty damn funny about the MS lawyers. I had to repress the desire LOL.

#

Send Microsoft execs to jail

Posted by: Anonymous Coward on June 21, 2004 12:20 PM
Microsoft is a US corporation which asks its subsidiaries to meddle with the internal affairs of foreign governments. I'm getting tired of this nonsense. I hope concerned officials will send Microsoft executives to jail on charges of sedition. After all, they are only one step away from telling sovereign governments what they should or should not do with public funds.

#

Re:Send Microsoft execs to jail

Posted by: Anonymous Coward on June 21, 2004 01:59 PM
Which is why I wrote and posted elsewhere, and sent to Conectiva a copy of, this:

------

Posted on
http://www.corante.com/importance/archives/004456<nobr>.<wbr></nobr> html

I have been saying the same things, referring to windoze as "digital crack", calling it a Trojan horse, and accusing microsoft of "corporate homicide". I have done this for YEARS. I feel the Brazilian has the SAME right I do to express his opinion. He is only being assailed because microsoft is the target or object of his thoughts and expressions. For microsoft to pursue a foreigner on his/her own soil and slam that foreigner for speaking "too much" when a 'Merikun (an American) can legally (within some limits, even if tactlessly and tastelessly rendered) just goes to show non-US global citizens that microsoft can act as an extenson of US government or big-business will. This seems to make me think the Brazilian should appeal to the UN WIPO and other arms around the World Court.

So, COME AND SUE ME, TOO, microshaft! For YEARS, I and other 'Merikuns have assailed your tarnished, assault-worthy business practices and lying in the court rooms, and we to date have been VICTORIOUS, even if unchallenged. But, regime change begins AT HOME, and I call on ALL nations to review their policies of allowing cabinet officials and low-level functionaries and administrators to have power to hamstring their nations and governments and being BOUGHT OFF by microsoft. Reminds me of the dictators, gangsters and pirates, from Capone, Coll, Galante, Lansky, Nitti, and Lupo the Wolf, as well as Aragona, Baughe, Bodulgate (the reincarnated version is working at the behest of US intelligence communities, I suspect...), Boggs, (but not Chevalier de Grammant), Every, Gibbs, North, Cheng 1 (you retain a modern version in China), and others who could be fashioned into examples of microshafts global piracy hunt to steal the hearts and minds of governments and their treasures (independence, indigenous tech teams, sovereignty, privacy, and more...), and deny them their right to SLAP, KICK, IMPALE and dump microsoft on its ASS when the time comes to "just say no" to microshaft.

I have equated microshaft of being a risk to national, government, military, corporate, personal, AND global security. I have incessantly implored China to switch to Linux, or at least rid themselves of microsoft, for microsoft (yes, lower-casing/deprecation INTENTIONAL, as always, with me) is SURELY a USA National Security Agency (and other unamed/disavowed agencies') BACKDOOR into foreign governments.

Why the HELL ELSE has the US & UK (look to "common heritage") steadfastly played one hand publicly with "reigning in" irksomesoft and then letting the henchmen and leadership of ms get away with so MUCH CRAP.

It is obvious, fortunate, and the RIGHT THING that other agencies within even the US government, as well as other nations' governments, community and business infrastructure have openly and quietly brought Linux and Open Source into their view.

It is NOT enough to "mention" Linux to microsoft. You have to PURGE yourselves of that amoral, no, IMMORAL feckless, dirtwad whining corporation that is too greedy and stupid to straighten up its act.

I found it very heartening that in one poor neighborhood, somewhere in Brazil if I recall correctly, that even the rival GANGLORDS created a "no-fire" zone so that the children could make use of the Linux-based libraries set up to give them a future. That hardened criminals can recognize the value of not destroying children reinforces the feeling I have that were I stuck in a 2-person lifeboat faced with deciding to save an undeducated, poor, questionable individual, or giving that seat to gate, ballmer, or some henchman or henchwoman running, directing, advising, or supporting microsoft, I SURE A HELL not let them have that seat over an individual who has YET to cause or encourage global corruption, local destruction of mom and pop shops (forced them to pay for licensing even when they sold naked computers and never sold nor ever held any copies of windoze), lied to juries and courts (faked video testimony), interfered with the existence or operations of peripherals devices manufacturers, etc.

If ever there is an assault on CONUS for whatever reason, it should be a water and electromagnetic tsunami that takes out ms, its backups, and its future. The feckless little campus in redmond has wrought enough damage and it needs to be broken up, it's board enjoined from starting up or sitting on the board of any more technology companies, removed from banking, real estate, and entertainment, and more.

All too many fresh new players with fresh new ideas are anxiously awaiting their turn to play or work on the tech field. So long as they are stymied by microshaft, we shall NOT see innovation (contrary to the assertion of ms about their own "innovations" which really are mostly acquisitions rather than internal, original developments), we shall NOT see choice, and we shall NOT have stable computing.

I call on all who read this to pick up a laptop and ride the buses, sit in libraries, and anywhere else you can be in public and just fire up and run your laptop. It is what I do. People look, they ask questions, and I get to tell them without starting out as an evangelist. They ask, I tell.

It doesn't hurt to remind them that ms plagued with poor security policies, riddled with being attacked on almost any connection to the Internet, and full of perpetuating the worm, virus, and DOS attacks due to shoddy, selfish, profit-oriented "good enough" releases that force people to call for tech support.

It doesn't hurt ONE BIT to ask your local elected and selected officials why they are selling off your nation's or community's future when Open Source is today farther along and more greatly available than was microshaft when it hatched onto the world some 20 years ago. Sure, Linux and Open Source can't yet do EVERYthing a user can ask of windoze, but all enough users need to do is ask, show an interest, and show some token support. Try and get that from a board-driven, investor-pleasing company.

It doesn't hurt to show your audience how to use Google to search for and read:

"microsoft should be kicked out of schools"

http://www.google.com/search?hl=en&ie=ISO-8859-1&<nobr>q<wbr></nobr> =microsoft+should+be+kicked+out+of+schools&btnG=G<nobr>o<wbr></nobr> ogle+Search

"The Toll Road Ahead", and other documents written by balanced people who foresee the dangers of leaving microsoft left unchecked.

http://www.osnews.com/story.php?news_id=5386&page<nobr>=<wbr></nobr> 1

Come and SUE ME, microshaft. Try to make me proper-case your sh**ty (starred out to make rated G) name. Try to make me succumb to you. Try and make me stop using my legitimate copy of Win4Lin to stop me from non-natively running my legitimately-obtained piece of crap windoze 98 to run my legitimately-obtained copy of Lotus SmartSuite. Except for Lotus SmartSuite I have NO need for windoze. As soon as CrossOver Office or WINE or other tools permit me to do so, I will once and for all RID my computers of windoze. And, I SURE AS HELL will show others how to do so.

I despise, curse, and loathe you, microsoft until you have some dignity and live and die as a normal company. Your life span should NOT be artificially sustained via illegal, monopolistic, FUD-based, marketing machine method. The economy having tanked is the BEST thing for the world, despite many of us becoming jobless. Why? Because it is FORCING otherwise "autopilot" companies from endlessly and MINDlessly de-facto accepting "microshaft" into their infrastructures.

I thank all the companies making video, printer, storage, and input devices for accepting or using Linux and Open Source as a means of improving your bottom line and for helping us Linux users natively run Linux on new hardware.

I thank you for not any longer giving in to the premises searches conducted by ms reps who are trying to find out what Linux and Open Source software you're using and for blocking them from trying to forcefully or deceptively co-opt your common sense and due diligence.

I now await you to come and assail my right to my OPINION and to wave fact fragments leading to more facts that ms is a corrupt, obtuse, selfish, mean company that is schizoid by being ruthless to technology competitors yet "so generously" donating to Stanford and others locations to feign generosity. Giving society money but requiring its allegiance to windoze and all things microsoft is NO gift. It is a SALE onto them, a PURCHASE OF their soul, and a suppression of the right of others to try to fairly compete.

JUST TRY to sue me... Oh, I can see the subpoenas, resource-draining writs and discoveries, and more. That's all you KNOW, you and your jugular-grabbing counsels, how to do: don't fix a problem, fix a squealer.

David Syes

To borrow a now-aged signature file from circa 1997-99, a signature that is all over the Internet:

windows NT: "32-bit extensions and a graphical shell for a 16-bit patch to an 8-bit operating system originally coded for a 4-bit microprocessor written by a 2-bit company that can't stand 1-bit of competition".

A little tweaking will amend the statement to hold for tookay, hexed-pee, and long-self-horned.

#

Will backfire

Posted by: Anonymous Coward on June 21, 2004 01:59 PM
I would say Microsoft Brazil is pretty stupid to do this. It will inevitably backfire politically in Brazil (and also in other nations outside U.S.). Meddling by large foreing companies is always resented, and when the meddler is a huge, known monopolist, it is all the worse. If Microsoft had any business sense, it would now retract the accusations and apologize, before more damage is done.

#

FUD -- Intellectual Property?

Posted by: Anonymous Coward on June 21, 2004 11:22 PM
Maybe they are asking him about Fear Uncertainty and Doubt (aka Frighten Underinformed Decisionmakers), because they have a patent on it. If he admits it then he is in violation of their patent. Nah, they wouldn't try to patent that would they?

#

Definition of FUD?

Posted by: Anonymous Coward on June 22, 2004 08:50 PM
A simple web search on Microsoft Networking reveals 77998 entries for the word FUD.

In addition, Bill Gates has shares in, and has been linked with several drugs companies.

#

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