Software-Related Decision

In Microsoft Corporation v. Frigorifico Tamoyo Ltda, the 3rd Panel of the Court of Appeals of the State of Minas Gerais (Southern Brazil) has recently issued a decision ruling that the use of a computer program in a company’s internal computer network system (thus installing a software program in the server for the use from more than one personal computer) does not constitute copyright infringement. Microsoft alleged the company was overusing its WINDOWS 3.11 operating system. The Trial Judge decided, on the basis of Art. 6, item IV of the Brazilian Copyright Law, that this type of overuse did not constitute infringement. Microsoft took appeal but the Court of Appeals upheld that Trial Judge’s decision.