Anomalous Brazilian state appeals court decision finds lack of reciprocity, denies protection to US software companies

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A 2-1 decision issued in May 2010 by a panel of the Appellate Court of the State of Minas Gerais (Appeal No. 1.0224.08.199736-3) refused to acknowledge Microsoft Corporation’s and Autodesk Inc.’s rights in and to computer programs.

According to the majority, Microsoft and Autodesk had failed to show that US copyright law grants Brazilian nationals and their work the same treatment afforded foreign nationals by the Brazilian Software Law.

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