DOCSLIB.ORG

Android and Competition Law: Exploring and Assessing Google's

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Android and Competition Law: Exploring and Assessing Google's Tilburg University Android and competition law Geradin, Damien; Edelman, Benjamin Published in: European Competition Journal DOI: 10.1080/17441056.2016.1254483 Publication date: 2016 Document Version Publisher's PDF, also known as Version of record Link to publication in Tilburg University Research Portal Citation for published version (APA): Geradin, D., & Edelman, B. (2016). Android and competition law: Exploring and assessing Google’s practices in mobile. European Competition Journal, 1-36. https://doi.org/10.1080/17441056.2016.1254483 General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 25. sep. 2021 European Competition Journal ISSN: 1744-1056 (Print) 1757-8396 (Online) Journal homepage: http://www.tandfonline.com/loi/recj20 Android and competition law: exploring and assessing Google’s practices in mobile Benjamin Edelman & Damien Geradin To cite this article: Benjamin Edelman & Damien Geradin (2016) Android and competition law: exploring and assessing Google’s practices in mobile, European Competition Journal, 12:2-3, 159-194, DOI: 10.1080/17441056.2016.1254483 To link to this article: http://dx.doi.org/10.1080/17441056.2016.1254483 © 2016 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group Published online: 24 Nov 2016. Submit your article to this journal Article views: 624 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at http://www.tandfonline.com/action/journalInformation?journalCode=recj20 Download by: [Tilburg University] Date: 02 August 2017, At: 04:28 European Competition Journal, 2016 Vol. 12, Nos. 2–3, 159–194, http://dx.doi.org/10.1080/17441056.2016.1254483 Android and competition law: exploring and assessing Google’s practices in mobile Benjamin Edelman a† and Damien Geradin b,c,d*† aAssociate Professor, Harvard Business School, Boston, MA, USA; bFounding Partner, EDGE Legal, Brussels, Belgium; cProfessor of Competition Law & Economics, Tilburg Law & Economics Center (TILEC), Tilburg University, Tilburg, The Netherlands; dVisiting Professor, University College London, London, UK (Received 2 October 2016; accepted 26 October 2016) Since its launch in 2007, Android has become the dominant mobile device operating system worldwide. In light of this commercial success and certain disputed business practices, Android has come under substantial attention from competition authorities. We present key aspects of Google’s strategy in mobile, focusing on Android-related practices that may have exclusionary effects. We then assess Google’s practices under competition law and, where appropriate, suggest remedies to right the violations we uncover. Keywords: Android; antitrust; competition policy; exclusion; mobile communication devices; remedies; tying JEL Classification: K21; L42; L41; L40; L99 Since its launch in 2007, Android has become the dominant mobile device oper- ating system (“OS”) worldwide. In 2015, there were more than 4.4 billion mobile phone users and 1 billion tablet users in the world,1 over 80% of which run Google Android.2 In light of this commercial success and certain disputed business prac- tices, Android has come under substantial attention from competition authorities. Downloaded by [Tilburg University] at 04:28 02 August 2017 For instance, in September 2015, Russia’s Federal Antimonopoly Service com- pleted an investigation finding that Google broke Russia’s competition rules by *Corresponding author. Email: [email protected] †The authors have no current clients adverse to Google with respect to the practices dis- cussed herein. No client of either author requested or suggested this article or had a right to review it prior to publication. 1‘Number of mobile phone users worldwide from 2013 to 2019,’ Statista, 2016; “Number of tablet users worldwide from 2013 to 2019,” Statista, 2016. 2‘Global mobile OS market share in sales to end users from 1st quarter 2009 to 1st quarter 2016,’ Statista, 2016. © 2016 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial- NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, trans- formed, or built upon in any way. 160 B. Edelman and D. Geradin unfairly bundling its own services and preventing rival products from being installed on Android software.3 Then, in April 2016, the European Commission sent a statement of objections to Google indicating its preliminary view that Google had committed an abuse of a dominant position by imposing certain restrictions on Android device manufacturers and mobile network operators.4 The Korean Fair Trade Commission announced a similar investigation in August 2016,5 and the US Federal Trade Commission was reported in September 2015 to have begun investigating Google’s tactics in mobile6 despite the Commis- sion’s prior decision not to pursue Google’s disputed tactics in search and search preferencing.7 A recurring theme in these investigations is the concern that Google’s Android-related practices protect or enhance its position of strength in some key applications or services, Google Search among others, to the detriment of compet- ing app makers and service providers. We share this concern. As we show in this paper, Google’s practices can produce exclusionary effects on competing app makers and service providers. Of course, Google’s practices are unlikely to harm the thousands of firms or individuals developing apps that do not compete with Google’s. But these practices harm makers of apps that directly compete with Google’s key apps, including in the sectors most important to advertisers and most frequented by users. In particular, we show that Google’s restrictions imposed on manufacturers of commercially viable Android users would increase the difficulty of a new, innovative mobile search engine challenging Google Search and competing on the merits. Antitrust investigations are complex and fact-intensive, and thus the goal of this paper is not to offer a full antitrust analysis of Google’s Android-related prac- tices. Even if this were our aim, it would not be possible because most of the licences and other documents implementing the restrictions at issue are not 3Federal Antimonopoly Service of the Russian Federation, ‘FAS Russia Decision and Determination of 18 September 2015’, No 1-14-21/00-11-15. The Russian authorities also fined Google for its practices in mobile. See ‘Russian Antimonopoly Service Fines ’ Downloaded by [Tilburg University] at 04:28 02 August 2017 Google $6.7 Mln Russian Legal Information Agency (11 August 2016) <http://www. rapsinews.com/news/20160811/276651091.html>. 4European Commission, ‘Antitrust: Commission Sends Statement of Objections to Google on Android Operating System and Applications’ (20 April 2016, IP/16/1492) <http://www. ipeuropa.eu/rapid/press-release_IP-16-1492_en.htm>. 5Song Jung-a, ‘South Korea Confirms Google Antitrust Probe’ The Financial Times (12 August 2016) <http://www.ft.com/cms/s/0/59bd6b78-6044-11e6-b38c-7b39cbb1138a. html#axzz4Hn7Tu74P>. 6Brent Kendall and Alistair Barr, ‘FTC Looking at Complaints over Google’s Android Control’ The Wall Street Journal (25 September 2015) <http://www.wsj.com/articles/ftc- looking-at-complaints-over-googles-android-control-1443201867>. 7‘Statement of the Federal Trade Commission Regarding Google’s Search Practices’ The Federal Trade Commission (3 January 2013) <https://www.ftc.gov/system/files/ documents/public_statements/295971/130103googlesearchstmtofcomm.pdf>. European Competition Journal 161 public (although there are some notable exceptions which we examine in sub- sequent sections). This difficulty is compounded by the fact that there is to date only a single antitrust authority decision or court judgment assessing Google’s restrictions under antitrust rules. (Indeed, even that decision, by Russia’s Federal Antimonopoly Service, was until recently available only in Russian. Only in the course of this article did we obtain, and post to the web, an English translation.8) In light of these limitations, we use the available information to provide a critical analysis of some of the restrictions that apply to device manufac- turers that wish to develop commercially viable Android devices, and to assess the arguments offered by Google (including some of the papers Google has commis- sioned) to justify these restrictions.9 Undistorted competition in mobile environments carries special importance given the growing reliance of individuals on mobile communications devices, such as smartphones or tablets, as their primary
Load more

Recommended publications
  • 1 STIPULATED ADDENDUM to the PROTECTIVE ORDER CASE NUMBERS 18-CV-01885-HSG; 18-CV-01886-HSG; 18-CV-01887-HSG [All Counsel Listed
    Case 4:18-cv-01887-HSG Document 303 Filed 09/11/18 Page 1 of 9 1 [All counsel listed on signature page] 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 KONINKLIJKE PHILIPS N.V., 5 U.S. PHILIPS CORPORATION, Case No. 4:18-cv-01885-HSG (and related cases) 6 Plaintiffs, v. STIPULATED ADDENDUM TO 7 THE PROTECTIVE ORDER; ACER INC., ORDER 8 ACER AMERICA CORPORATION, 9 Defendants. 10 MICROSOFT CORPORATION, 11 Intervenor-Plaintiff, 12 v. 13 KONINKLIJKE PHILIPS N.V., U.S. PHILIPS CORPORATION, 14 Intervenor-Defendants. 15 16 KONINKLIJKE PHILIPS N.V., U.S. PHILIPS CORPORATION, 17 Intervenor- 18 Defendants/Counterclaim Plaintiffs in Intervention 19 v. 20 MICROSOFT CORPORATION 21 Intervenor- Plaintiff/Counterclaim 22 Defendant in Intervention 23 AND 24 MICROSOFT MOBILE INC. 25 Counterclaim Defendant in Intervention 26 27 28 1 STIPULATED ADDENDUM TO THE PROTECTIVE ORDER CASE NUMBERS 18-CV-01885-HSG; 18-CV-01886-HSG; 18-CV-01887-HSG Case 4:18-cv-01887-HSG Document 303 Filed 09/11/18 Page 2 of 9 1 KONINKLIJKE PHILIPS N.V., 2 U.S. PHILIPS CORPORATION, Related Case No. 4:18-cv-01886-HSG 3 Plaintiffs, v. 4 ASUSTEK COMPUTER INC., 5 ASUS COMPUTER INTERNATIONAL, 6 Defendants. 7 MICROSOFT CORPORATION, 8 Intervenor-Plaintiff, 9 v. 10 KONINKLIJKE PHILIPS N.V., U.S. PHILIPS CORPORATION, 11 Intervenor-Defendants. 12 13 KONINKLIJKE PHILIPS N.V., U.S. PHILIPS CORPORATION, 14 Intervenor- 15 Defendants/Counterclaim Plaintiffs in Intervention 16 v. 17 MICROSOFT CORPORATION 18 Intervenor- Plaintiff/Counterclaim 19 Defendant in Intervention 20 AND 21 MICROSOFT MOBILE INC.
    [Show full text]
  • Android (Operating System) 1 Android (Operating System)
    Android (operating system) 1 Android (operating system) Android Home screen displayed by Samsung Nexus S with Google running Android 2.3 "Gingerbread" Company / developer Google Inc., Open Handset Alliance [1] Programmed in C (core), C++ (some third-party libraries), Java (UI) Working state Current [2] Source model Free and open source software (3.0 is currently in closed development) Initial release 21 October 2008 Latest stable release Tablets: [3] 3.0.1 (Honeycomb) Phones: [3] 2.3.3 (Gingerbread) / 24 February 2011 [4] Supported platforms ARM, MIPS, Power, x86 Kernel type Monolithic, modified Linux kernel Default user interface Graphical [5] License Apache 2.0, Linux kernel patches are under GPL v2 Official website [www.android.com www.android.com] Android is a software stack for mobile devices that includes an operating system, middleware and key applications.[6] [7] Google Inc. purchased the initial developer of the software, Android Inc., in 2005.[8] Android's mobile operating system is based on a modified version of the Linux kernel. Google and other members of the Open Handset Alliance collaborated on Android's development and release.[9] [10] The Android Open Source Project (AOSP) is tasked with the maintenance and further development of Android.[11] The Android operating system is the world's best-selling Smartphone platform.[12] [13] Android has a large community of developers writing applications ("apps") that extend the functionality of the devices. There are currently over 150,000 apps available for Android.[14] [15] Android Market is the online app store run by Google, though apps can also be downloaded from third-party sites.
    [Show full text]
  • Softbank Corp. Annual Report 2019 Softbank Corp
    SoftBank Corp. Annual Report 2019 SoftBank Corp. We don’t just dream. We make things happen. We’re going beyond just being a carrier — we’re transforming into a visionary platformer. We don’t just dream up things. We take the world’s advanced ideas, and turn them into reality with our drive to make things happen. We do this so tomorrow’s people will be the happiest in human history. SoftBank Corp. ANNUAL REPORT 2019 1 Introducing Our First Annual Report SoftBank Group Corporate Philosophy Ken Miyauchi President & CEO Information Revolution SoftBank Corp. — Happiness for Everyone In December 2018, SoftBank Corp. (the “Company” or “SoftBank”) of this technological evolution, SoftBank has expanded its business listed its shares on the First Section of the Tokyo Stock Exchange. scale in step with society’s growth. The second is our ability to grow I would like to begin by expressing my sincere gratitude to our businesses. We have expanded our business operations by bringing shareholders, investors, and other stakeholders for their support together and regenerating companies in crisis, including JAPAN to date. TELECOM CO., LTD., Vodafone K.K., WILLCOM, Inc., and eAccess Ltd. The third is our ability to overcome adverse environments. In its role as a strategic holding company, our parent company Sometimes, we have faced headwinds, but we have always taken SoftBank Group Corp. (“SoftBank Group”). is accelerating the pace on adverse situations directly, focused on self-improvement, and of global investment in accordance with the Cluster of No. 1 AI thereby achieved further growth. Strategy. Meanwhile, as the primary operating company in Japan With a view to communicating our growth strategy and related and with the telecommunications business at its core, SoftBank is initiatives more clearly, we have issued our first annual report, Since our founding, the SoftBank Group has sought to use the engaging in a wide range of businesses.
    [Show full text]
  • Android Operating System
    Software Engineering ISSN: 2229-4007 & ISSN: 2229-4015, Volume 3, Issue 1, 2012, pp.-10-13. Available online at http://www.bioinfo.in/contents.php?id=76 ANDROID OPERATING SYSTEM NIMODIA C. AND DESHMUKH H.R. Babasaheb Naik College of Engineering, Pusad, MS, India. *Corresponding Author: Email- [email protected], [email protected] Received: February 21, 2012; Accepted: March 15, 2012 Abstract- Android is a software stack for mobile devices that includes an operating system, middleware and key applications. Android, an open source mobile device platform based on the Linux operating system. It has application Framework,enhanced graphics, integrated web browser, relational database, media support, LibWebCore web browser, wide variety of connectivity and much more applications. Android relies on Linux version 2.6 for core system services such as security, memory management, process management, network stack, and driver model. Architecture of Android consist of Applications. Linux kernel, libraries, application framework, Android Runtime. All applications are written using the Java programming language. Android mobile phone platform is going to be more secure than Apple’s iPhone or any other device in the long run. Keywords- 3G, Dalvik Virtual Machine, EGPRS, LiMo, Open Handset Alliance, SQLite, WCDMA/HSUPA Citation: Nimodia C. and Deshmukh H.R. (2012) Android Operating System. Software Engineering, ISSN: 2229-4007 & ISSN: 2229-4015, Volume 3, Issue 1, pp.-10-13. Copyright: Copyright©2012 Nimodia C. and Deshmukh H.R. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
    [Show full text]
  • Select Smartphones and Tablets with Qualcomm® Quick Charge™ 2.0 Technology
    Select smartphones and tablets with Qualcomm® Quick Charge™ 2.0 technology + Asus Transformer T100 + Samsung Galaxy S6 + Asus Zenfone 2 + Samsung Galaxy S6 Edge + Droid Turbo by Motorola + Samsung Note 4 + Fujitsu Arrows NX + Samsung Note Edge + Fujitsu F-02G + Sharp Aquos Pad + Fujitsu F-03G + Sharp Aquos Zeta + Fujitsu F-05F + Sharp SH01G/02G + Google Nexus 6 + Sony Xperia Z2 (Japan) + HTC Butterfly 2 + Sony Xperia Z2 Tablet (Japan) + HTC One (M8) + Sony Xperia Z3 + HTC One (M9) + Sony Xperia Z3 Tablet + Kyocera Urbano L03 + Sony Xperia Z4 + LeTV One Max + Sony Xperia Z4 Tablet + LeTV One Pro + Xiaomi Mi 3 + LG G Flex 2 + Xiaomi Mi 4 + LG G4 + Xiaomi Mi Note + New Moto X by Motorola + Xiaomi Mi Note Pro + Panasonic CM-1 + Yota Phone 2 + Samsung Galaxy S5 (Japan) These devices contain the hardware necessary to achieve Quick Charge 2.0. It is at the device manufacturer’s discretion to fully enable this feature. A Quick Charge 2.0 certified power adapter is required. Different Quick Charge 2.0 implementations may result in different charging times. www.qualcomm.com/quickcharge Qualcomm Quick Charge is a product of Qualcom Technologies, Inc. Updated 6/2015 Certified Accessories + Air-J Multi Voltage AC Charger + Motorola TurboPower 15 Wall Charger + APE Technology AC/DC Adapter + Naztech N210 Travel Charger + APE Technology Car Charger + Naztech Phantom Vehicle Charger + APE Technology Power Bank + NTT DOCOMO AC Adapter + Aukey PA-U28 Turbo USB Universal Wall Charger + Power Partners AC Adapter + CellTrend Car Charger + Powermod Car Charger
    [Show full text]
  • PAEW-0059 Korea Semiconductor Industry Association
    Comments of the Korea Semiconductor Industry Association On Patent Assertion Entity (PAE) Activities April 5, 2013 The Korea Semiconductor Industry Association (KSIA) welcomes the opportunity to submit these comments to the U.S. Department of Justice, Antitrust Division, and the U.S. Federal Trade Commission, regarding the activities of Patent Assertion Entities (PAEs). The KSIA hopes that these comments are helpful to the agencies’ analysis of this important issue and respectfully requests that these comments be taken into account as policies are developed to address these serious concerns. The KSIA is an industry association, based in Seoul, Korea, which represents more than 300 companies in the semiconductor manufacturing sector, involved in all aspects of semiconductor device manufacturing as well as semiconductor equipment, materials, and design. Many of its member companies are world leaders in developing advanced semiconductor technologies. The KSIA's primary objectives include promotion of its members’ products and the further advancement of technological development in Korea's semiconductor industry. The KSIA is dedicated to providing opportunities for promoting cooperation among its members and members of international organizations in the areas of device, equipment and material suppliers. The world’s semiconductor industry, of which KSIA members are an important part, plays a vital role in the technological advancement and increased efficiency of nearly every facet of society. In addition to the well-known advances in computers,
    [Show full text]
  • Complete Control Mobile App for Ios User's Guide
    Complete Control Mobile App for use with a Complete Control system from URC iPhone/iPod touch iPad Complete Control Mobile App Overview As with iOS apps for the iPad, iPhone and iPod touch, finding your way around the Complete Control Mobile App is simple. Although, with the power of a Complete Control system, each and every page shown on the application could be slightly different ( depending upon the system programmer ), there are some consistencies. The button layout for the iOS devices consists of Volume, Channel, Colored, Numeric Keypad, Navigation/Information, Transport and Custom Keys. No matter which view your iOS device is in, portrait or landscape, the button layout is available for full control of your entertainment system. Features and Benefits ● House-Wide Control Control any IR, RS-232 or Relay controlled device anywhere in your home! By simply adding additional MRX-1s, expand control anywhere on your local network. ● iOS Gesture Navigation Use the familiar iOS gestures, like swipe, tap and rotate, to access and control your devices. Browse through the devices and their pages by swiping. Rotate the iPad, iPhone or iPod touch to display the remote in portrait or landscape view. ● Home Lighting Control With the addition of the optional RFTX-1 and URC Lighting by Lutron, easily control the environment within the home. Access lighting scenes, room scenes and specific control of each individual lighting load. 1 Complete Control Mobile App Button Overview The following common buttons are found in the Complete Control Mobile app, regardless of how the system was programmed: Volume/Channel Keys In this section you find VOLUME (Vol +, Vol -, Mute ) commands as well as CHANNEL (CH+, CH-, Jump ) commands for applicable devices.
    [Show full text]
  • Android (Operating System) 1 Android (Operating System)
    Android (operating system) 1 Android (operating system) Android Android 4.4 home screen Company / developer Google Open Handset Alliance Android Open Source Project (AOSP) Programmed in C (core), C++, Java (UI) OS family Unix-like Working state Current Source model Open source with proprietary components Initial release September 23, 2008 Latest stable release 4.4.2 KitKat / December 9, 2013 Marketing target Smartphones Tablet computers Available language(s) Multi-lingual (46 languages) Package manager Google Play, APK Supported platforms 32-bit ARM, MIPS, x86 Kernel type Monolithic (modified Linux kernel) [1] [2] [3] Userland Bionic libc, shell from NetBSD, native core utilities with a few from NetBSD Default user interface Graphical (Multi-touch) License Apache License 2.0 Linux kernel patches under GNU GPL v2 [4] Official website www.android.com Android is an operating system based on the Linux kernel, and designed primarily for touchscreen mobile devices such as smartphones and tablet computers. Initially developed by Android, Inc., which Google backed financially Android (operating system) 2 and later bought in 2005, Android was unveiled in 2007 along with the founding of the Open Handset Alliance: a consortium of hardware, software, and telecommunication companies devoted to advancing open standards for mobile devices. The first publicly available smartphone running Android, the HTC Dream, was released on October 22, 2008. The user interface of Android is based on direct manipulation, using touch inputs that loosely correspond to real-world actions, like swiping, tapping, pinching and reverse pinching to manipulate on-screen objects. Internal hardware such as accelerometers, gyroscopes and proximity sensors are used by some applications to respond to additional user actions, for example adjusting the screen from portrait to landscape depending on how the device is oriented.
    [Show full text]
  • History and Evolution of the Android OS
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Springer - Publisher Connector CHAPTER 1 History and Evolution of the Android OS I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this. —Steve Jobs, Apple Inc. Android, Inc. started with a clear mission by its creators. According to Andy Rubin, one of Android’s founders, Android Inc. was to develop “smarter mobile devices that are more aware of its owner’s location and preferences.” Rubin further stated, “If people are smart, that information starts getting aggregated into consumer products.” The year was 2003 and the location was Palo Alto, California. This was the year Android was born. While Android, Inc. started operations secretly, today the entire world knows about Android. It is no secret that Android is an operating system (OS) for modern day smartphones, tablets, and soon-to-be laptops, but what exactly does that mean? What did Android used to look like? How has it gotten where it is today? All of these questions and more will be answered in this brief chapter. Origins Android first appeared on the technology radar in 2005 when Google, the multibillion- dollar technology company, purchased Android, Inc. At the time, not much was known about Android and what Google intended on doing with it. Information was sparse until 2007, when Google announced the world’s first truly open platform for mobile devices. The First Distribution of Android On November 5, 2007, a press release from the Open Handset Alliance set the stage for the future of the Android platform.
    [Show full text]
  • SECOND AMENDED COMPLAINT 3:14-Cv-582-JD
    Case 3:14-cv-00582-JD Document 51 Filed 11/10/14 Page 1 of 19 1 EDUARDO G. ROY (Bar No. 146316) DANIEL C. QUINTERO (Bar No. 196492) 2 JOHN R. HURLEY (Bar No. 203641) PROMETHEUS PARTNERS L.L.P. 3 220 Montgomery Street Suite 1094 San Francisco, CA 94104 4 Telephone: 415.527.0255 5 Attorneys for Plaintiff 6 DANIEL NORCIA 7 UNITED STATES DISTIRCT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 DANIEL NORCIA, on his own behalf and on Case No.: 3:14-cv-582-JD 10 behalf of all others similarly situated, SECOND AMENDED CLASS ACTION 11 Plaintiffs, COMPLAINT FOR: 12 v. 1. VIOLATION OF CALIFORNIA CONSUMERS LEGAL REMEDIES 13 SAMSUNG TELECOMMUNICATIONS ACT, CIVIL CODE §1750, et seq. AMERICA, LLC, a New York Corporation, and 2. UNLAWFUL AND UNFAIR 14 SAMSUNG ELECTRONICS AMERICA, INC., BUSINESS PRACTICES, a New Jersey Corporation, CALIFORNIA BUS. & PROF. CODE 15 §17200, et seq. Defendants. 3. FALSE ADVERTISING, 16 CALIFORNIA BUS. & PROF. CODE §17500, et seq. 17 4. FRAUD 18 JURY TRIAL DEMANDED 19 20 21 22 23 24 25 26 27 28 1 SECOND AMENDED COMPLAINT 3:14-cv-582-JD Case 3:14-cv-00582-JD Document 51 Filed 11/10/14 Page 2 of 19 1 Plaintiff DANIEL NORCIA, having not previously amended as a matter of course pursuant to 2 Fed.R.Civ.P. 15(a)(1)(B), hereby exercises that right by amending within 21 days of service of 3 Defendants’ Motion to Dismiss filed October 20, 2014 (ECF 45). 4 Individually and on behalf of all others similarly situated, Daniel Norcia complains and alleges, 5 by and through his attorneys, upon personal knowledge and information and belief, as follows: 6 NATURE OF THE ACTION 7 1.
    [Show full text]
  • 2019 China Military Power Report
    OFFICE OF THE SECRETARY OF DEFENSE Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China ANNUAL REPORT TO CONGRESS Military and Security Developments Involving the People’s Republic of China 2019 Office of the Secretary of Defense Preparation of this report cost the Department of Defense a total of approximately $181,000 in Fiscal Years 2018-2019. This includes $12,000 in expenses and $169,000 in DoD labor. Generated on 2019May02 RefID: E-1F4B924 OFFICE OF THE SECRETARY OF DEFENSE Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China OFFICE OF THE SECRETARY OF DEFENSE Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China 2019 A Report to Congress Pursuant to the National Defense Authorization Act for Fiscal Year 2000, as Amended Section 1260, “Annual Report on Military and Security Developments Involving the People’s Republic of China,” of the National Defense Authorization Act for Fiscal Year 2019, Public Law 115-232, which amends the National Defense Authorization Act for Fiscal Year 2000, Section 1202, Public Law 106-65, provides that the Secretary of Defense shall submit a report “in both classified and unclassified form, on military and security developments involving the People’s Republic of China. The report shall address the current and probable future course of military-technological development of the People’s Liberation Army and the tenets and probable development of Chinese security strategy and military strategy, and of the military organizations and operational concepts supporting such development over the next 20 years.
    [Show full text]
  • Ah! Universal Android Rooting Is Back
    AH! UNIVERSAL ANDROID ROOTING IS BACK Wen `Memeda` Xu @K33nTeam ABOUT ME Wen Xu a.k.a Memeda @antlr7 • Security research intern at KeenTeam • Android Roo6ng • Soware exploita6on • Senior student at Shanghai Jiao Tong University • Member of LoCCS • Vice-captain of CTF team 0ops • Rank 2rd in the world on CTFTIME AGENDA • Present Situa6on of Android Roo6ng • Awesome Bug (CVE-2015-3636) • Fuzzing • Analysis • Awesome Exploita6on Techniques • Object Re-filling in kernel UAF • Kernel Code Execu@on • Targe@ng 64bit Devices • Future PART I Present Situation PRESENT SITUATION Root for what? • Goal • uid=0(root) gid=0(root) groups=0(root) • Kernel arbitrary read/write • Cleaning • SELinux • … PRESENT SITUATION • SoC (Driver) • Missing argument sani6Za6on (ioctl/mmap) • Qualcomm camera drivers bug CVE-2014-4321, CVE-2014-4324 CVE-2014-0975, CVE-2014-0976 • TOCTTOU • Direct dereference in user space CVE-2014-8299 • Chip by chip A BIG DEAL • Universal root soluon • Universally applied bug • Confronng Linux kernel • Universally applied exploita6on techniques • One exploit for hundreds of thousands of devices • Adaptability (Hardcode) • User-friendly (Stability) • COMING BACK AGAIN! PART II Bug Hunting FUZZING Open source kernel syscall fuzzer • Trinity • hps://github.com/kernelslacker/trinity • Scalability • Ported to ARM Linux FUZZING Let’s take a look at our log when we wake up ;) • Crical paging fault at 0x200200?!! SK: PING SOCKET OBJECT IN KERNEL user_sock_fd = socket(AF_INET, SOCK_DGRAM, IPPROTO_ICMP); 2 3 1 LIST_POISON2 == 0X200200 ping_unhash
    [Show full text]