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EXHIBIT "A"

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Exhibit "A"

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[hand-written: 37608] [stamp: Intellectual Property Crimes Attorney Generals Office] NEW CRIMINAL COMPLAINT [TO THE] ATTORNEY GENERAL OF THE REPUBLIC [OF GUATEMALA]; HEAD OF THE ATTORNEY GENERALS OFFICE; AND THE PUBLIC PROSECUTOR FOR INTELLECTUAL PROPERTY: [I,] Rodolfo Estuardo Varela Martinez, [being] thirty-four years old, married, Guatemalan, an attorney and notary [and] a resident of the department of Guatemala, respectfully come before you and I. STATE [as follows:] I am acting as a Special Judicial and Administrative Legal Representative on behalf of MICROSOFT CORPORATION entities, which I prove through certified copies of notarial deed number twenty-six authorized in this city on June 14, 2007, by notary Juan Pablo Lara Lavarreda. [The aforementioned notarial deed] is duly recorded in the Registry of Powers of Attorney at the Judicial Branch General Archives as numbers one hundred sixteen thousand one hundred forty-seven dash E and zero twenty-eight thousand seven hundred eight dash E, dated June 19, 2007. II. DIRECTION AND GUIDANCE PLACE FOR RECEIVING NOTICES I am acting independently, and provide [the following address] for notices: 3-40 13th Street, Zone Ten, Atlantis Building, Tenth Level, Office One Thousand One, Municipality and Department of Guatemala.
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III. BASIS FOR ACTIONS My client has learned that software without a license for use is being utilized at the building located at 7-73 Fourth Street (Zone Nine) in Guatemala City (Department of Guatemala), thus clearly violating its rights as the owner of the copyrights. I base my claim on the facts and legal considerations noted below: IV. FACTS My client, MICROSOFT CORPORATION, makes computer programs (also known as software), and owns the copyrights of the works it produces. As established by our legislation in Article 4 of the Copyright Law, a computer program is the work made up of all instructions expressed through words, codes, plans or in any other way that, when incorporated by machine into a legible support, is capable of making a computer execute a certain task or obtain a certain result. [stamp: Intellectual Property Crimes Attorney Generals Office] It is worth mentioning that, as set forth in Article 30 of the referenced law, computer programs are protected in the same way as literary works, covering both operating systems and applications. Similarly, Article 21 of the law provides that Only copyright owners and those expressly authorized by them may use the work in any way... Thus, [copyright owners] may defend their moral and property rights to the works, which cover, inter alia, any of the following acts: A. B. Authority to use the work directly and personally; Partially or completely assign rights thereto;
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C. D.

Authorize or prohibit its use and exploitation by third parties; Reproduce and totally or partially set the work into any type of material support, format or medium, either temporarily or permanently, through any process, whether [currently] known or to become known [in the future];

E. F.

Communicate [to] the public, either directly or indirectly, through any process or medium, whether [currently] known or to become known [in the future]; [and] Distribute to the public the original or copies of the work, either by sale, lease, loan or in any other way.

My client owns the copyrights to the works it produces, such as all versions of Microsoft Windows; Microsoft Office Word; Microsoft Power Point; Microsoft Excel; Microsoft Outlook; [and] Microsoft Publisher, just to name a few, and without excluding the remaining software, to which my client owns the aforementioned rights, including all moral and property rights thereto. Accordingly, illegal reproduction of those works constitutes a clear copyright violation. Similarly, as established in pertinent part by Article 3 of the Copyright Law and Related Rights, use and exercise of copyrights and related rights acknowledged in this law are not subject to registration or any other formality of registration, and remain independent and compatible among themselves... Copyright ownership may be proved, as established by Article 24 of the Regulations on Copyright Law and Related Rights, which provides, In order to identify the author or owner of rights, any rights protected by law that are published or disclosed may use the expression Rights Reserved, or the abbreviation [in Spanish] D.R., followed by the year in which the protection starts, the letter c enclosed in a circle, and the full name of the copyright owner. In no case shall its omission lead to a loss of respective rights or a limitation on exercising them. Thus, my client owns all of the rights, as clearly demonstrated for each of them. [My clients] name (Microsoft Corporation) appears clearly on them, [as does] the word copyright and the year in which the work was published. Similarly, the programs are found on the official list of products at the following website: www.microsoft.com/es/gt

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I am attaching a photocopy [proving] my clients right to request the copyrights defense. A careful examination of the computers and licenses [at issue] must be undertaken, with an inventory of programs installed on each machine to be prepared first. This information may be received on the Add or Remove Programs menu on the Windows operating system and on the computer log accessible through the regedit command, followed by visiting HKEY_LOCAL_MACHINE/SOFTWARE, which has the installation passwords for all software on the system. This inventory must be compared with any licenses held. The golden rule for software licenses is that there must be one for each installed program. If an OEM license, it is only valid if a purchase invoice of the license is shown, along with the computer equipment on which it is installed. For bearer licenses (commonly known as box licenses), a purchase receipt is necessary to prove ownership. Similarly, Article 274 of our Penal Code provides in pertinent part, ... anyone engaging in any of the following acts shall be punished with one to four years in prison and fined from one thousand to five hundred thousand quetzals... c) Reproducing any work, from interpretation to execution, of a phonogram to an emission, without authorization from the corresponding author or copyright owner; ... m) Undertaking any act that induces, allows, facilitates or hides a violation of any exclusive rights of authors, copyright owners, artists or performers, from phonogram producers or broadcasting entities;. Likewise, Article 128(b) of the Copyright Law and Related Rights provides that the following preliminary injunctive measures may be ordered in criminal cases: a) Immediate cessation of illicit acts or illegal commerce regarding the protected work; b) Search of public or private buildings, whether open or closed, to be carried out in accordance with the provisions of the Code of Criminal Procedure; c) Seizure of real and personal property, including, but not limited to, bank accounts held by companies or individuals identified as possible perpetrators or accomplices responsible for the reported illegal act, and seizure of the alleged infringing partys net profits; d) Immediate seizure or confiscation of copies illegally produced from works or
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phonograms , or of merchandise that illegally includes works or phonograms; the instruments used to produce, transport, store, distribute, offer for sale, rent or communicate them to the public in any way. Any property seized or confiscated shall be held in storage by [Guatemalan] customs authorities; e) An order to review accounting files for natural or juridical persons identified as potentially responsible for the illegal act; f) Temporary closure of the store or business where illegal copies of the works or phonograms are found, as well as any other infringing merchandise, media or instruments used to produce them. This measure shall remain in place for whatever time is necessary in order to ensure the results of the process, and may not be lifted while a risk of repeat violation exists or other infringement of rights established by law and in treaties regarding copyright and other related rights of which Guatemala is a party; [and] g) Temporary measures through binding orders that, based on the circumstances, appear more appropriate in order to bring about a temporary cessation of the crime, while protecting rights recognized by this law or preserving evidence or proof related to an actual or imminent violation. Seized or confiscated instruments and objects of the crime shall be held as evidence against the perpetrators of the illegal act. Similarly, Article 181 of the Code of Criminal Procedure provides that, unless otherwise established by criminal law, the Attorney General and the courts must seek out the truth through permitted evidence, while strictly adhering to this code. During trial, courts may only admit evidence not offered by the parties in accordance with the law. As previously expressed, my client has knowledge that a business entity known as SEGUSA, SOCIEDAD ANONIMA is operating at the property located at 7-73 Fourth Street (Zone Nine) in Guatemala City (Department of Guatemala). It is unknown whether the building is [SEGUSA's] headquarters.

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Thus, as provided by Article 128(b) of the Copyright Law and Related Rights, and in order to prove the commission of the alleged crime and the responsible parties, my client requests the search, seizure and confiscation of computer equipment and/or media on which illegally reproduced or stored material is found and/or used without my clients authorization, as located at 7-73 Fourth Street (Zone Nine) in Guatemala City (Department of Guatemala). [The foregoing shall be done] in order to protect my clients rights and obtain and preserve evidence, [and] any items seized shall be transferred to the Attorney Generals storage center. V. MEANS OF PROOF A. PARTYS STATEMENT The defendant shall [submit its declaration] through its legal representative, pursuant to the interrogatories to be timely propounded by me. B. EXPERT OPINION Above all, any computer equipment found at the building located at 7-73 Fourth Street (Zone Nine) in Guatemala City (Department of Guatemala). D. [sic] SCIENTIFIC MEANS OF PROOF [blank] E. DOCUMENTARY [EVIDENCE] Consisting of license agreements for using computer programs that are owned by my client, MICROSOFT CORPORATION, and that [the defendant] must have, as well as the accounting books where those purchases are recorded.

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F.

INFERENCES Legal and human [inferences] arising from the facts proved.

G.

The results of the search carried out at 7-73 Fourth Street (Zone Nine) in Guatemala City (Department of Guatemala). VI. LEGAL BASIS

Article 42 of the Constitution of the Republic of Guatemala provides [as follows]: Copyright and inventor rights are recognized. The owners of those rights shall enjoy exclusive ownership over their work or invention, pursuant to the law and international treaties. Articles 18 to 21 of that same legal body provide that a copyright includes moral and property rights, [and] that moral rights are inalienable and not subject to the statute of limitations or waiver. On the other hand, property rights offer the authorization to use the work directly and personally, assign any rights thereto partially or completely, and permit or prohibit its use and exploitation by third parties. Article 21(2) of the aforementioned law provides that only copyright owners and those expressly authorized by them may use the work in any means or form, or through any process... Article 127 of the Copyright Law and Related Crimes provides in pertinent part as follows: The Attorney General may file criminal actions against parties responsible for crimes and offenses regarding Copyrights and Related Rights, as codified in the Criminal Code and other laws. The owner or licensee of the infringed rights may bring about a criminal prosecution by reporting a violation of such rights, or by joining a prosecution already brought by the Attorney Generals office, which shall be obligated to act directly or immediately against the responsible parties... Article 128 of the Law of Copyright and Related Crimes states, The Attorney General, either sua sponte or at the request of a copyright owner or injured party, upon learning of an illegal act
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[and] within the periods established by the provisions of the Code of Criminal Procedure, shall request a judge with jurisdiction to authorize any of the preliminary orders set forth herein, or in the aforementioned Code that are necessary for safeguarding rights acknowledged and protected by this law and in international treaties on the subject signed by the Republic of Guatemala and that are being violated, or for which a violation is imminent... Once the request has been submitted to a judge with jurisdiction, the judge must order urgent preliminary measures, pursuant to the applicable procedural provisions, [thus] authorizing the Attorney Generals office to enforce [the measures], along with any police assistance needed. VII. REQUESTS PROCEDURAL I. II. III. IV. V. VI. VII. To admit this brief, and initiate the respective action; To recognize my legal status [as Microsofts attorney], based on the documents attached hereto; To take note of the address and power of attorney based on which I act, as well as the address listed for receiving notices; To deem the CRIMINAL COMPLAINT filed, as submitted by my client, MICROSOFT CORPORATION; The place to serve the criminal complaint is the building located at 7-73 Fourth Street, Zone Nine, Guatemala City (Department of Guatemala); [That] the evidence noted in the corresponding paragraph be deemed submitted. [That] the [following] preliminary injunctive measures be ordered: the search of the building located at 7-73 Fourth Street, Zone Nine, Guatemala City (Department of Guatemala); in order to protect my clients rights, the seizure and confiscation of computer equipment and/or media on which material [that is] reproduced or stored illegally is found and/or used without my clients authorization; and the securement and storing of evidence.

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[stamp: Intellectual Property Crimes Attorney Generals Office] [That] seized items be transferred to the Attorney Generals storage center; VIII. That JUAN CARLOS FLETES MONROY be appointed to assist the Attorney General with the preliminary measures. [Mr. Fletes Monroy is an] expert in computers and computer program licenses, and shall be present during the actions [undertaken]. He may establish which products violate (or dont violate) my clients copyrights, and may receive legal notices at 3-40 Third Street, Zone Ten, Atlantis Building, Tenth Floor, Office 101, Guatemala City (Department of Guatemala), regarding what is found and assist in determining its significance. IX. That the Attorney General be appointed as bailee to store all computer equipment confiscated as a result of the implementation of the preliminary measures, which shall be transferred to the Attorney Generals storage center. SUBSTANTIVE: X. That once decided, this criminal complaint be granted, and the crime of violating copyrights shall be found against the natural and juridical persons responsible for violating my clients rights. LEGAL REFERENCES: I base my petition on [the following] Articles; 42 of the Constitution of the Republic of Guatemala; 1 to 25 [and] 128 to 135 of the Copyright Law and Related Rights; [and] Articles 37, 43, 48, 160, 163, 166, 173, 181, 184, 185, 186, 190, 193, 198, 200, 207, 225, 245, 278, 317 and 318 of the Code of Criminal Procedure. I ATTACH TWO COPIES OF THIS BRIEF AND RELATED DOCUMENTS.

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Guatemala, March 7, 2012 PRO SE: [signature] [stamp: Rodolfo Estuardo Varela Martinez Attorney and Notary] [stamp: Attorney Generals Office Office for Continuous Assistance Guatemala, Central America Received on March 8, 2012 Signed: [signature] Time: [hand-written: 11:20]]

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ATTORNEY GENERALS OFFICE District of Guatemala [City] Date Sent: March 8, 2012 Time Sent: 1:08 p.m. [hand-written: 98.2012 Francisco] Criminal Complaint Party Filing Complaint Accused Crime Referred __________________________________________________________________________________________________________ Send to the Attorney Generals Office for Intellectual Property Crimes. I respectfully contact you in order to submit the following criminal complaints. 2012-37608 Rodolfo Estuardo Varela Martinez Microsoft Corporation Comments: Temporarily described as the crime of violating copyrights and related rights. Sent to the Attorney Generals Office to undertake the necessary investigations, and because the illegal act falls within the jurisdiction of the responsible attorney general. Sincerely, [signature] VIANCA ROCIO TOLEDO LOPEZ Assistant District Attorney [stamp: Attorney Generals Office] [hand-written: March 12, 2012, at 10:32]
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Violation of rights [illegible]

PINT

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BUSINESS OPERATING LICENSE General Business Registry of the Republic [of Guatemala] The company [known as] ORDENADORES SOCIEDAD ANONIMA was registered as number 7343 on page 199 of the 41st Book of Companies. Temporary registration: December 13, 1979 Final registration: August 29, 1980 Companys address: 7-73 Fourth Street, Zone 9, Seventh Floor, Guatemala City Nationality: Guatemalan Category: Individual File Number: 100233

Activity: Provide data processing services; import; export; distribute; purchase and sell electronic computer equipment and/or spare parts for computers. Represent domestic and foreign companies. Carry out agricultural, industrial and commercial activities in the Republic of Guatemala and abroad, among others. Date of issuance of this license: Guatemala [City], August 29, 1980 Note: This [business] license must be placed in a visible location. [signature] GENERAL COMMERCIAL REGISTRAR OF THE REPUBLIC [OF GUATEMALA]

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