Clipping of news on Brazilian Culture, Law and Citizenship
06/09/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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In contract , the company is exempted from serving customers who bought their equipment with preinstalled software . Clause is considered abusive
Microsoft will have to provide care to all consumers of its software Photo : Pichi Chuang/Reuters/18-7-2013
RIO - The Public Prosecution Office of the 3rd Region ( PRR3 ) announced that managed by the Regional Federal Court ( TRF3 ) , São Paulo , the condemnation of Microsoft for providing technical support to all consumers of their products . The giant computer refused to meet consumers who purchased computers with their software pre - installed , claiming that it was not a sale of product, but supply license to install , use , access , display and run copies of program computer.
After a consumer complaint against resistance by Microsoft to provide technical assistance to solve problems he had with a brand software pre -installed on your computer , the Federal Public Ministry ( MPF ) proposed a civil suit against the company of American origin .
Understanding that this is not a sale of product, Microsoft claims that would not be required to serve customers with problems . In action, it also states that a clause in the packaging of these computers exempted from the provision of technical support . This clause , however, was limited to alert the consumer that when you open the package , he agreed to have read and understood the contract pre -installation of Microsoft included with the product .
For the MPF , there was breach of the Code of Consumer Protection , the National Policy of Consumer Relations and the Federal Constitution , due to the imposition of unfair and no clear information about the consumer relationship . Equipment with preinstalled software contained only a generic warning : " By opening this package you agree to have read and understood the distribution contract and pre -installation Microsoft included in this package and agree to its terms and conditions ." The buyer , however , would only have effective access to the contract by opening a file in the Windows folder .
According to the regional prosecutor 's Republic Noeme Laura dos Santos , the author of the opinion of the RRP - 3 in action, " Microsoft itself , in action, recognizes that the consumer would only have the opportunity to be aware that the company would not pay technical support for computers the preinstalled version of their software to use the equipment - ie only after disbursing the product value and effectively use the computer . "
For most , the 5th Class of abusive TRF3 decided to declare the contract clause imposed by Microsoft and order it to provide technical assistance to all users of software installed in your computer . The Prosecutor also requested compensation of £ 1 million a collective damages , since any number of people would have been morally offended by the refusal of technical support , which was not granted. The TRF3 determined , however, to repair to consumers who had " specific harm " before refusing assistance company . These values must be ordered in individual or collective actions filed by each of them .
Sought by Globo , Brazil reported that Microsoft is aware of the decision . " The company believes that there are still issues to be clarified , and thus make their arguments before the judiciary ," the company said.
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Source : The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.