1. Microsoft Corporation vs Manansala.docx - 1 Microsoft Corporation vs Rolando Manansala G.R No 166391 BERSAMIN J The gravamen of copyright

1. Microsoft Corporation vs. Rolando Manansala G.R. No. 166391, October 21, 2015 BERSAMIN, J.: The gravamen of copyright infringement is not merely the authorized manufacturing of intellectual works but rather the unauthorized performance of any of the acts covered by Sec. 5. Accordingly, the commission of any of the acts mentioned in Sec. 5 of PD 49 without copyright owner’s consent constituted actionable copyright infringement. FACTS: Petitioner is the copyright and trademark owner of all rights relating to all versions and editions of Microsoft software (computer programs). Private Respondent-Rolando Manansala is doing business under the name of DATAMAN TRADING COMPANY and/or COMIC ALLEY with business address at 3rd Floor, University Mall Building, Taft Ave., Manila. Private Respondent Manansala, without authority from petitioner, was engaged in distributing and selling Microsoft computer software programs. Mr. John Benedict A. Sacriz, a private investigator accompanied by an agent from the