The analysis from the perspective of Brazilian legal system
The newly launched Threads text platform by Meta is already facing legal issues. According to a report from Semafor, Twitter is threatening to sue Meta over Threads.
In a letter addressed to Meta’s CEO, Mark Zuckerberg, included in the report, a lawyer from X Corp, the parent company of Twitter owned by Elon Musk, states that “Twitter has serious concerns that Meta Platforms has engaged in systematic, intentional, and unlawful appropriation of Twitter’s trade secrets and intellectual property.”
The letter is said to have been sent to Meta’s CEO hours after the launch of Threads. The document accuses Meta of hiring “dozens of former Twitter employees” in the past year and claims that these employees “have had and continue to have access to Twitter’s trade secrets.”
Meta has reportedly responded to Twitter’s accusations, denying them and stating that they are unfounded. This is not the first time Meta has been accused of launching platforms similar to competitors’ to maintain its market share, as Instagram Stories helped the platform strengthen its user base compared to Snapchat, while Reels has been compared to TikTok.
According to Brazilian intellectual property law, the determination of potential software plagiarism relies on demonstrating the copying of the program’s source code. This is because, according to Article 8, I of the Copyright Law, the systems themselves, including their layout and functionalities, are not eligible for protection under copyright law. However, the source code, given its textual form (programming language), is protected.
Nevertheless, the use of privileged information for unfair competition is condemned by the legal system, considering its policy against unfair competition (Article 2, V, Industrial Property Law). In such cases, the specifics of the particular situation will be evaluated.
As a specialized intellectual property law firm with 46 years of experience in the field, Peduti Advogados can certainly assist you in any potential demands of this nature.
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Author: Enzo Toyoda Coppola and Cesar Peduti Filho, Peduti Advogados.
https://www.semafor.com/article/07/06/2023/twitter-is-threatening-to-sue-meta-over-threads
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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”