Litigation

Qualcomm says Apple Infringed Six iPhone & iPad Patents

Qualcomm Inc is asking the U.S International Trade Commission to prevent Apple from selling certain iPhones and iPads in the United States, claiming that these units use chips created by their competitor Intel Corp (INTC.O) that infringes up to six Qualcomm patents. Qualcomm is also requesting the U.S ITC to ban the importation of said Apple devices. The San Diego-based chip company filed another related lawsuit on Thursday in a California court, demanding monetary damages. In a related statement, Apple accused Qualcomm of unfairly adding a tax on Apple devices using their chips. Animosity between the two companies started to […]

EU Launches Antitrust Investigation on Recent Suspicious Mergers

On a Wall Street Journal report, The European Union (EU) accuses companies Canon Inc (CAJ), General Electric (GE), Merck (MKGAY), and Sigma-Aldrich Corp of violating the EU’s antitrust laws. Margrethe Vestager, EU’s Competition Chief says her department is investigating new merger clearances if companies have in any way misled the commission upon registering for an antitrust review. Mergers that are under suspicion include the $1.65 billion deal with GE and LM Wind Power, as well as the $17 million merger between Merck and Sigma Aldrich. The commission also suspects that Canon’s deal with Toshiba Medical Systems had been implemented before […]

EU May Slap Google with Another Record Fine

The European Union’s Antitrust regulators are considering imposing another steep fine against Google’s parent company, Alphabet. The charges from the commission came April last year after lobby group FairSearch, U.S.-based ad-blocking and privacy firm Disconnect Inc, Portuguese apps store Aptoide and Russia’s Yandex filed complaints against the search engine company, alleging that it had been using its Android mobile OS to block competitors from penetrating the mobile market. The potential penalty may be greater than the $2.7 billion penalty Alphabet received this month for unfairly favoring their own shopping service. Thomas Vinje, FairSearch’s lawyer said Google requires smartphone makers to pre-install […]

EU Hits Google’s Shopping Service with Record Fine

The European Commission ruled against Google for abuse of influence. The tech giant was said to have “distorted the market” by promoting its own shopping comparison service to appear on top of search results. This amounted to a $2.7 billion fine, and if the company continues their anti-competitive prices within 3 months, they will have to pay a staggering $14 million a day. European Union’s Competition Commissioner Margrethe Vestager said in a statement that under the EU’s antitrust rules, what Google has done is illegal as it deprived EU consumers of the benefits of competition, genuine choice, and innovation. This […]

U.S Justice Asks Supreme Court to Take on Microsoft Case

The Justice department filed a petition appealing to the Supreme court to revisit the lower court opinion on the reach of government warrants for private emails. In 2016, a court ruling determined that Microsoft was not required to provide customer data stored on computers on a different country. The Justice department argues that if data can be accessed “domestically with the click of a computer mouse,” it should not matter where information is stored. Microsoft’s legal team responded by saying “The [Justice Department’s] position would put businesses in impossible conflict-of-law situations and hurt the security, jobs, and personal rights of […]

DOJ adopts electronic filing for petitions for review

DOJ adopts electronic filing for petitions for review

Citing the promotion of efficient administration of justice, trends of procedure, and advances in technology, the Department of Justice on 8 March 2017, released a set of rules governing the electronic filing of all petitions for review to the Office of the Secretary and Regional Prosecutors. The rule is also applicable to the comments, other documents filed pursuant to the petition, and other pleadings and motions filed thereafter. Under the rules, only the original copy of the petition for review, comment, pleading, or motion, and its attachments shall be filed. However, the submission shall be accompanied by a compact disc […]

Photo: PC Magazine

DICT Releases Circular on Cloud Policy, Adopts “Cloud First” Approach

In a circular dated 18 January 2017, the Department of Information and Communications Technology (‘DICT’) prescribed the policy on the government’s policy use of cloud computing technology. The policy is meant to reduce costs, increase employee productivity, and develop excellent citizen online services. The circular covers all departments, bureaus, offices, and agencies of the national government and GOCCs and LGU. Under the circular, ‘cloud computing’ is defined as a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources. It recognises that cloud computing has brought new and more efficient means of managing government […]

Supreme Court Designates Cybercrime Courts

Supreme Court Designates Cybercrime Courts

  In its resolution dated 15 November 2016 in A.M. No. 03-03-03-SC, the Supreme Court en banc designated Special Commercial Courts as ‘Cybercrime Courts’. These courts now have the power to try and decide cases covered by the Cybercrime Prevention Act within their respective territorial jurisdictions. Accordingly, Cybercrime cases shall now be filed with the Office of the Clerk of Court in the official station of the proper cybercrime court. The resolution further gave Cybercrime Courts in Quezon City, Manila, Makati, and Pasig the authority to act on application for search warrants involving violations of the Cybercrime Prevention Act. Such […]

Analysis: NPC Recommends Prosecution of COMELEC Chairman Bautista for Data Privacy Breach (Part I of II)

Analysis: NPC Recommends Prosecution of COMELEC Chairman Bautista for Data Privacy Breach (Part I of II)

  Last January 5, 2017, the National Privacy Commission (NPC) recommended the filing of criminal charges against COMELEC Chairman Andres Bautista in the aftermath of the “Comeleak” incident. As of time of writing, the NPC has not yet released the full text of its decision. However, portions of the Commission’s reasoning can be read in an article on its official website. According to the NPC, the COMELEC Chairman’s culpability lies in his failure to take adequate measures to secure the COMELEC’s voter registration databases, which contains what the law defines as personal and sensitive personal information. Quoting the decision, the online article […]

Penalizing Cybersex

Penalizing Cybersex

  In the Philippines, the operation of cybersex dens is increasingly becoming a huge concern. From the early 2000s, various sex dens have been raided, resulting in the arrests of perpetrators and rescues of victims [1], some of them being minors as young as two years old [2]. Filling the gaps in previous laws, the Cybercrime Prevention Act can be provide authorities a powerful way address these offenses. Operation of cybersex dens in the Philippines In cybersex dens, clients pay to have cybersex workers perform sexually explicit acts over the internet. Operators usually maintain a website, where potential clients can […]

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