Bien, c'est une certification qui est donnée par Microsoft. Voulez-vous dire à la Cour ce qu'est un systems engineer dans votre domaine, monsieur Filion? He described the training he received from Microsoft in order to attain this certification as follows :
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Filion, who did not hold a university degree in engineering and was not a member of the Order of Engineers, testified at trial that he used this certification along with the words «systems engineer» on his business cards, and when servicing Microsoft clients. One such individual, Alain Filion, received his certification as a Microsoft Certified Systems Engineer in 1998.
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It was also not a requirement that these individuals hold degrees in engineering nor that they become, or remain, members of local professional orders, such as the Respondent Order of Engineers. Although the certification was specifically in relation to Microsoft software, Microsoft Certified Systems Engineers were neither usually nor necessarily Microsoft employees.
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We would suggest that people working with our software be certified so that a customer could recognize that they have actually taken the examinations from Microsoft and they have some representation that they have skills with our software. In the words of Patricia Meta, Training and Certification Manager for Microsoft at the time, the certification Microsoft Certified Systems Engineer was awarded to persons who had «attained the skills required to support our software properly», in order to «identify these people in the market place» : These individuals were designated Microsoft Certified Systems Engineers (in French, Ingénieur certifié système Microsoft) and the company specifically authorized use of this title, along with the corresponding initials «M.C.S.E.».
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In 2002, the American software company Microsoft Corporation, along with its Canadian affiliate, Microsoft Canada Co., had put into place a certification process in Canada and elsewhere, in order to designate individuals who had successfully completed a course of training in relation to the company's software products and who could support these products with Microsoft customers. Microsoft has now appealed its conviction to the Quebec Superior Court, sitting in criminal division. Quebec Court Judge Claude Millette answered no on April 5th, 2004, and fined the company $1,000 under section 188 of the Quebec Professional Code. («Microsoft») authorize or encourage individuals who are not members of the Respondent Order of Engineers to use the title Microsoft Certified Systems Engineer? J'ai édité mon lien, si cela ne fonctionne pas et compte tenu des difficultés d'accès au site pour certains, je reproduis le jugement rendu: