A Case Study on Issues and Violations on Information Technology
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This document summarizes a case study on intellectual property and information technology issues in the Philippines. It discusses a case where individuals and companies were charged with possession of materials for creating and selling pornographic websites. While their computers and software were initially seized, the court later ordered the property returned but required removal of hard disks and destruction of any pirated software. The case highlights the need for proper execution of search warrants and documentation of evidence regarding technology cases.
![× Fredrik Felix P. Nogales, Giancarlo P. Nogales,
Rogelio P. Nogales, Melinda P. Nogales, Priscila
B. Cabrera, Phil-Pacific Outsourcing Services
Corporation and 3x8 Internet, represented by its
proprietor Michael Christopher A. Nogales,
Petitioners, Versus, People of the Philippines
and President Judge Tita Bughao Alisuag,
Branch 1, Regional Trial Court (RTC), Manila,
Respondent.
× [G.R. No. 191080. November 21, 2011]
TITLE](https://image.slidesharecdn.com/casestudy-180112222712/85/A-Case-Study-on-Issues-and-Violations-on-Information-Technology-2-320.jpg)
A Case Study on Issues and Violations on Information Technology
- 1. A CASE STUDY ON ISSUES OR COMMON VIOLATIONS ON INTELLECTUAL PROPERTY AND INFORMATION TECHNOLOGY: PLAGIARISM, REVERSE ENGINEERING, OPEN SOURCE CODE, AND CYBERSQUATTING IN THE PHILIPPINES by: For-Ian V. Sandoval
- 2. × Fredrik Felix P. Nogales, Giancarlo P. Nogales, Rogelio P. Nogales, Melinda P. Nogales, Priscila B. Cabrera, Phil-Pacific Outsourcing Services Corporation and 3x8 Internet, represented by its proprietor Michael Christopher A. Nogales, Petitioners, Versus, People of the Philippines and President Judge Tita Bughao Alisuag, Branch 1, Regional Trial Court (RTC), Manila, Respondent. × [G.R. No. 191080. November 21, 2011] TITLE
- 3. × Violation of the Electronic Commerce Act of 2000 or Republic Act 8792 × Phil-Pacific Outsourcing Services Corporation represented by its proprietor charged with possession or controls of various materials used in the creation and selling of pornographic internet website. DESCRIPTION Source: http://bit.ly/2D9S63m
- 4. DESCRIPTION × The petitioners filed a series of motions for reconsideration to reclaim the seized properties under the custody of the NBI. × The Regional Trial Court repeatedly denied the motion but partially granted to release the seized properties.
- 5. × The Court of Appeals denied the petition. × However, affirmed the assailed order of Judge Alisuag. × The CPUs and software which were ordered to be retained by the NBI shall be released in favor of the petitioners with the condition that the hard disk is removed from the CPUs and be destroyed. DECISION
- 6. × The software shall be destroyed if determined to be unlicensed or pirated copies as mandated by law. × Due to lack of substantial evidence the proprietors or occupants were acquitted. DECISION
- 7. × Private sectors or establishments providing technology- related services play a vital role in nation- building to create and develop information- friendly environment with legal and ethical aspects; REFLECTION Source: http://bit.ly/2EzPgkH
- 8. × The search warrant must be properly executed, and the evidence must be properly documented; REFLECTION Source: http://bit.ly/2Dqxxga Sources: http://bit.ly/2ECT3Of
- 9. × The law practitioners should have extensive knowledge of the ICT concepts; REFLECTION Source: http://bit.ly/2D6XIf0
- 10. × Every action or decision made can be used against us REFLECTION Source: http://bit.ly/2r3lkLW
- 11. × The law is clear that unlicensed or pirated software shall be forfeited and destroy; × Computer shops or establishments are prohibited from promoting and circulating pornographic sites; × The issue of returned seized properties has been settled; MERITS
- 12. × The case was dismissed due to insufficiency of the substantial evidence; × Violators of the decree are acquitted; × The judge grave abuse of discretion amounting to lack or excess of jurisdiction; × The only sanction given to the violators were the confiscation and destruction of the pornographic materials; DEMERITS
- 13. Thanks! Any questions? You can find me at @ http://www.slideshare.net/fvsandoval
Editor's Notes
- #4: (the act providing for the recognition and use of electronic commercial and non-commercial transactions and documents, penalties for unlawful use thereof, and for other purposes)
- #5: (the act providing for the recognition and use of electronic commercial and non-commercial transactions and documents, penalties for unlawful use thereof, and for other purposes)