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Court decision on means of evidencing software licences

Baker & McKenzie
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Brazil
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September 30 2009

On 25 August 2009, the Superior Court of Justice in Brazil decided that written software licence agreements and fiscal documents are not the only admissible means of evidence to prove that the end-user has obtained a valid licence to use software programs

Telecommunications operator required to provide registration data of user due to offensive emails

Baker & McKenzie
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Brazil
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March 15 2010

The Superior Court of the State of Minas Gerais required a large telecommunications operator to provide within five days the registration data of a user who sent emails with offensive content to a public official

Email service provider required to identify author of anonymous email

Baker & McKenzie
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Brazil
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November 30 2009

The Superior Court of the State of Rio Grande do Sul has ruled that persons who are offended by anonymous emails are permitted to access data about the senders

Superior Court of the State of Rio de Janeiro rejects preliminary injunction to prohibit internet company from displaying video reports relating to the World Cup

Baker & McKenzie
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Brazil
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September 21 2010

The Superior Court of the State of Rio de Janeiro has rejected a request for a preliminary injunction filed by a television company against a large internet company which prohibited the latter from displaying on its website video reports about the World Cup for more than 48 hours after a game

Electronic commerce and online auctions website is ordered to indemnify client for unsuccessful purchase

Baker & McKenzie
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Brazil
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January 6 2011

A court from the State of Minas Gerais ordered an electronic commerce and online auctions website to pay damages to a user who purchased a laptop through the website and did not receive the product

Brazilian company need not indemnify multinational software manufacturers for the use of unlicensed software

Baker & McKenzie
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Brazil
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July 20 2010

The Superior Court of the State of Minas Gerais has ruled that a Brazilian engineering company was not required to indemnify two large US-based software companies for the use of unlicensed software

ISP required to reveal identity of creator of fake profile on social networking site

Baker & McKenzie
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Brazil
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November 9 2010

An internet services provider (ISP) was ordered by a judge to disclose personal data regarding a user of its social networking site who had created a fake profile of another user which allegedly caused damage to the latter's reputation

Curriculum company condemned for stealing CVs

Baker & McKenzie
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Brazil
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November 23 2009

A judge from the State of São Paulo has condemned a large online recruiting services company to pay damages in the amount R$13 million (approximately US$6.5 million) as a result of unfair competition and the irregular appropriation of information from a competitor's database

São Paulo court grants injunction despite arbitration clause

Baker & McKenzie
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Brazil
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January 28 2011

A court of the state of São Paulo granted an injunction in favour of a Brazilian computer company, guaranteeing the reestablishment of a temporary software distribution agreement, which had been terminated by a Finnish manufacturer

Superior Court of Justice denies "moral" damages in erotic spam case

Baker & McKenzie
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Brazil
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January 4 2010

The Brazilian Superior Court of Justice has ruled that the mere sending of unsolicited messages, even if containing erotic content, does not cause "moral" damages to the user