Court backs Apple e-book monitor, within limits

Court backs Apple e-book monitor, within limits


Court backs Apple e-book monitor, within limits

Posted: 10 Feb 2014 06:10 PM PST

A US appeals court on Monday shot down Apple's bid to derail a court-ordered monitor in its e-book price-fixing case.

The panel of judges specified, however, that the monitor's job is limited to making sure that Apple has an antitrust compliance program put in place and that workers across the board are taught its details.

"It became apparent that the parties differed considerably regarding the proper interpretation of the order as to the scope of the monitor?s duties," a panel of three justices from the Second Circuit Court of Appeals said in their ruling.

It is not the monitor's job to ferret out wrongdoing at Apple, according to the court.

With that in mind, the monitor is authorized to interview Apple executives, board members, or others at the California-based maker of iPhones, iPads, iPhones, and Macintosh computers.

But "the government conceded that the injunction would not allow the monitor to investigate whether such personnel were in fact complying with the antitrust or other laws," the panel of justices said in the court order.

"We agree with that interpretation of the district court's order."

The US Department of Justice had argued that Apple was out of line asking for an emergency order stopping the monitor from tending to business until the outcome of an appeal in the case.

Apple's bid for an emergency stay came after a federal judge rejected a different request by Apple to block the monitor's work and chided the company for failing to cooperate with him.

US District Judge Denise Cote denied the tech giant's request to delay the work of former prosecutor Michael Bromwich, appointed last year to ensure Apple complies with an order to mend its ways after being found guilty of price-fixing.

Cote said that the monitor has "important work to do" and interviewing Apple executives is part of it.

Apple failed to show it would be "irreparably harmed" by complying with the court order or with the monitor, according to the judge.

The company protested Bromwich's intent to question chief executive Tim Cook, lead designer Jony Ive, board member Al Gore and other top executives who aren't involved in day-to-day operations.

Apple also objected to the $1,100 hourly rate for himself and the $1,025 rate for his legal support team.

"The deterioration of the relationship between Apple and the monitor is unfortunate and disappointing," Cote said.

"It is strongly in the public's interest for the monitor to remain in place."

The trial focused on a six-week period in late 2009 and early 2010 during which Apple negotiated contracts with publishers ahead of its iPad launch and effectively reshaped the market for electronic books with a new pricing scheme.

In September, the judge who found Apple guilty of illegal price-fixing for e-books ordered the tech giant to steer clear of new contracts with publishers that could violate antitrust law.

Apple can still sell e-books through its online channels, but it cannot make any special arrangements or collude with publishers to fix prices.- AFP

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Drivers nabbed by Police after drinking near border

Posted: 10 Feb 2014 04:39 PM PST

BANDAR SERI BEGAWAN: Six motorists, three of whom were driving under the influence (DUI) of alcohol, were recently arrested in an operation targeting traffic offenders, ©BRUDIRECT.COM reported.

Eighteen personnel from the Department of Investigations and Traffic Control (Jabatan Siasatan dan Kawalan Lalu Lintas; JSKLL) of the Royal Brunei Police Force (RBPF) conducted the operation near Kuala Lurah border from 8.30pm until 10.30pm.

Under Section 26(1)(b) of the Road Traffic Act, Chapter 68, any driver found guilty of drunk-driving can be fined up to BND$10,000 and receive a two-year jail term. Under SiKAP (Driver Safety Practice System), the driver will incur eighteen demerit points.

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Drivers nabbed by Police after drinking near border

Posted: 10 Feb 2014 04:38 PM PST

Posted on February 11, 2014, Tuesday

BANDAR SERI BEGAWAN: Six motorists, three of whom were driving under the influence (DUI) of alcohol, were recently arrested in an operation targeting traffic offenders, ©BRUDIRECT.COM reported.

Eighteen personnel from the Department of Investigations and Traffic Control (Jabatan Siasatan dan Kawalan Lalu Lintas; JSKLL) of the Royal Brunei Police Force (RBPF) conducted the operation near Kuala Lurah border from 8.30pm until 10.30pm.

Under Section 26(1)(b) of the Road Traffic Act, Chapter 68, any driver found guilty of drunk-driving can be fined up to BND$10,000 and receive a two-year jail term. Under SiKAP (Driver Safety Practice System), the driver will incur eighteen demerit points.

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Two motorcyclists, pedestrian killed in mishaps

Posted: 10 Feb 2014 04:18 PM PST

KOTA KINABALU: Two motorcyclists were killed in two separate accidents here.

In the first case near the train station along Jalan Kepayan on Sunday, Siti Bakhriah Abdul Mohammad, 29, lost control of her motorcycle and was thrown onto the road around 10.50pm.

The victim from Kampung Pengaraban in Kudat died on the spot.

In the second incident, a 31-year-old woman was killed in an accident involving a Perodua Kenari car and two motorcycles along Jalan Tuaran around 7pm on Sunday.

It was believed that the two motorcycles were speeding when they collided, causing the victim, Elis Chong, who was one of the motorcyclists, to be thrown off the bike and landed on the road.

She was then hit by the Kenari which was travelling from Kota Kinabalu to Tuaran as the car could not stop in time.

Both cases were investigated under Section 41(1) of the Road Transport Act 1987.

In Sandakan, a pedestrian was killed after being hit by a car while crossing the road in Kampung Sundang off Batu Sapi Road around 6.30am last Sunday.

Naning Bin Ani, 58, was knocked down by an unidentified vehicle as he was walking from his home to throw rubbish. The vehicle was believed to be heading for Lintas Sibuga Bypass from Batu Sapi.

District police chief ACP Rowell Marung said the case would be investigated under Section 41 (1) of the Road Transport Act 1987.

He urged eyewitnesses to come forward to assist the police in their investigation.

Witnesses may contact investigation officer Inspector Zabir at 089-212 222 extension 254.

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Student beaten up at plaza’s carpark

Posted: 10 Feb 2014 04:08 PM PST

by Christy Chok. Posted on February 11, 2014, Tuesday

TAWAU: An 18-year-old Form five student was beaten up by seven youths as he was walking to the carpark of Eastern plaza here on Saturday night after having dinner with his teacher at the food court there.

The victim, who is known as Han, sustained injuries to his mouth, torso and hand after the attack by the perpetrators aged between 16 to 20 years old.

The incident occurred about 8.05pm when the student was walking out to the carpark through the glass entrance door at the food court of the plaza while his teacher was getting the car.

"Suddenly, an unknown man struck the back of my head with a helmet, after which he punched my mouth until it began to swell.

"After that, another six youths, one of whom had dyed hair, came and attacked me. At that moment, my teacher's car arrived and I immediately got in. I could see that one of them had picked up a stone and proceeded to hurl it towards the car," Han told the press at his home here yesterday morning.

According to him, there was no security guard monitoring at the glass entrance door when the incident happened.

The victim strongly urged the management of the plaza to enhance the security system and safety of the place to prevent such incident from occurring again.

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City Hall intensifies anti-littering campaign

Posted: 10 Feb 2014 04:04 PM PST

KOTA KINABALU: The Kota Kinabalu City Hall has begun intensifying efforts to curb the bad littering habits of the city citizens by issuing 201 compounds this year, compared to 550 throughout the whole of last year.

This is in keeping with making the year 2014, which is also the 14th anniversary of Kota Kinabalu as a city, the Year of Enforcement on Anti-Litterbugs Campaign, as City Hall's enforcement officers focus on doubling their efforts to apprehend litterbugs in and around the city.

Mayor Datuk Abidin Madingkir disclosed at the Kota Kinabalu 14th anniversary flag-hoisting ceremony at the Kota Kinabalu Community Hall here yesterday, that littering is still a problem in the city despite City Hall's various efforts to curb the habit.

"Many, including motorists and drivers, dispose of rubbish deliberately out of their vehicles. By intensifying operations against litterbugs, we hope to remind them not to litter," he said at the ceremony.

Intensification effort which began this year include having to no longer issue any warning letters to litterbugs, but to directly issue them with compounds.

City Hall has also introduced a litterbug complaint system that encourages the public to report the vehicle registration number, location, and date of offence of drivers or passengers who litter, by contacting the City Hall hotline at 088-210011, which Celcom network users can use to send an SMS to.

Madingkir also reminded eatery, restaurant and food stall owners and operators to ensure the cleanliness of their outlets on a daily basis, as compounds will also be issued to those who fail to do so.

In his speech, the mayor also disclosed that the year 2014 will see the continuation of City Hall's 5K Strategic Plan 2011-2015, which includes the completion of the Sembulan River's beautification project phase two and moving on to phase three, implementing phase two of the pedestrian and bicycle lane from Tanjung Aru to the city centre before the middle of this year, improving parking facilities at the city centre, and upgrading the traffic flow at the city centre.

"We already have a masterplan to implement the upgrading of the traffic flow at the city centre which we will start implementing this year in two phases.

"Phase 1 will see the upgrading of traffic flow from the Jalan Coastal Sutera Harbour junction all the way to Jesselton Point, and phase two will involve the upgrading of the traffic flow in Jalan Wawasan, Jalan Tun Fuad Stephens and Sinsuran area," he said.

Also present at the ceremony yesterday were Assistant Minister to the Chief Minister cum the minister responsible for the Kota Kinabalu City Hall, Datuk Edward Yong Oui Fah, and City Hall director-general Datuk Yeo Boon Hai.

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