"The unfair competition chaos of Internet domain is resembled, as low as illegal cost have very big concern. " Xie Yongjiang says, obtain discharge through hijacking netizen browser homepage, the likelihood wins rich and generous get one's own back, but netizen and be calculated very hard by the hijacker's loss, how much should prove to the other side gains profit basic also impossible, because this is when processing case, give out hard normally exact amount, it is take into consideration the circumstances gives out to be punished symbolisticly only, can't deter illegal operator.
?
"Browser homepage is hijacked " wait for behavior, encroach a netizen not only own option, still destroy market competition order, health of influence Internet industry develops. When law expert accepted a reporter to interview a few days ago, express, should increase violate the castigatory strength that violates compasses act to this kind, strengthen administration to execute the law, raise illegal cost, still netizen the network environment of a cool and bright.
?
"Browser homepage is hijacked " main component is 3 kinds of circumstances, these 3 kinds of circumstances all belong to illegal behavior
"' browser homepage is hijacked ' main component is 3 kinds of circumstances, these 3 kinds of circumstances violated relevant law. " Zhao Zhanling of researcher of engage by special arrangement of center of intellectual property of university of politics and law of IT and intellectual property lawyer, China is a reporter to come together --
The first kind of circumstance, it is the user thinks of the visit is A website originally, the discovery after as a result the dot goes in is B website. This kind of circumstance belonged to B website to strip the user that should belong to A website originally and discharge, it is apparent unfair competition action. 2017 castigatory " oppose unfair competition law " dozenth have specific condemnatory provision to this: Operator must not use technical method, choose other perhaps way through affecting an user, carry out the following and cloggy, network product that destroys other operator to offer legally to perhaps serve the behavior that moves normally: (one) agree without other operator, the network product that offers legally in its perhaps serves in, insert undertake the target jumps link, compulsively turn; (2) misdirect, deceit, force an user to revise, shut, the network product that uninstalls other operator to be offerred legally perhaps serves; (3) the network product that ill will offers legally to other operator perhaps takes deal with concrete matters relating to work to apply incompatible; (4) the behavior that the other and cloggy, network product that destroys other operator to be offerred legally perhaps serves to move normally.
The 2nd kind of circumstance, to the user character, the intention with its real itself is to want to visit A website, but the hijacker revised acquiescent homepage through technical measure, perhaps undertook inside the browser some kind of technology is installed, violate an user thereby real intention. This kind of circumstance encroached the own option of the user namely, active consumer rights and interests protects a law to have relevant condemnatory regulation to this.
The 3rd kind of circumstance, if hijacking a homepage while the individual information that gathers an user illegally, this was disobeyed " network safety law " in about collecting the relevant provision of individual information illegally. To this, the user can do to net letter wait for relevant section to inform against.
"Encounter a few kinds of afore-mentioned situations, the one party that is damaged can submit to civil suit, also can superintend a branch to inform against to the market at the same time, execute the law by what combat unfair competition the branch will execute the law. " Zhao Zhanling says.
Have Fakeyiquewei authority is not easy, main reason is cost tall, quote is difficult
Since the law can be depended on, have Zhang Ke follow, why " is browser homepage hijacked " wait for the act that violates netizen rights and interests to be banned repeatedly more than? Processing of Internet of university of Beijing post and telecommunications and legal research center carry out director Xie Yongjiang to say, cost the difficulty that difficulty of tall, quote is netizen dimension authority.
"Those who be aimed at unfair competition behavior obtain evidence itself is not difficult, it is more difficult to just be aimed at what the iniquity gives the pecuniary loss that user and enterprise cause this side to obtain evidence. " Zhao Zhanling explains, it is not difficult to prove this behavior belongs to unfair competition, qualitative and easy, but the pecuniary loss that because this is caused,quantifies is very difficult.
Accordingly, the netizen encounters tort behavior, normally the choice is complained and not be authority of dimension of use statute measure.
In recent years, develop as Internet trade pattern, aggravate competes between the enterprise, appeared a few use technical method " hijack " , the phenomenon of repellent competitor product, the netizen becomes the victim of businessman loot discharge. " oppose unfair competition law " made clear tie to these baleful behavior. The expert expresses, in practice, this one law still needs to produce due effect.
"The unfair competition chaos of Internet domain is resembled, as low as illegal cost have very big concern. " Xie Yongjiang says, obtain discharge through hijacking netizen browser homepage, the likelihood wins rich and generous get one's own back, but netizen and be calculated very hard by the hijacker's loss, how much should prove to the other side gains profit basic also impossible, because this is when processing case, give out hard normally exact amount, it is take into consideration the circumstances gives out to be punished symbolisticly only, can't deter illegal operator.
Basis " oppose unfair competition law " the 24th, operator disobeys what Benfadi stipulates the cloggy, network product that destroys other operator to be offerred legally perhaps serves to move normally 12 times, by supervisory examination the branch is instructed stop to violate act, be in 100 thousand yuan of above 500 thousand yuan of the following amerce; The clue is serious, be in 500 thousand yuan of above 3 million yuan of the following amerce.
University of Chinese politics and law transmits Zhu Wei of law center researcher to think, the unfair competition of Internet domain is handled hard, because Internet technology and commercial pattern change are sharp,return, judicatory, execute the law personnel needs period of time to the understanding of new legal code.
?
Be necessary to build castigatory sex to compensate for a mechanism, increase the castigatory strength of pair of illegal behavior
In recent years, the unfair competition issue that involves Internet field has add without decrease. Xie Yongjiang thinks, safeguard netizen rights and interests, internet serves provider agree to carry a main body responsibility, accountability right " browser homepage is hijacked " wait for behavior to undertake handling. "Cannot shift responsibility to the partner such as discharge business entirely, should strengthen supervisory management, establish normative cooperative mechanism. Establish normative cooperative mechanism..
Be aimed at difficult problem of netizen dimension authority, xie Yongjiang suggests, the angle that various consumer society can counterpoise from civil dimension, mention to violating principal part lawfully civil commonweal lawsuit. In the meantime, wait for means through media exposure, bulletin, disclose illegal enterprise and violate act, form public opinion pressure.
Be aimed at illegal cost low, can't operator of Internet of keep within limits is shocking the circumstance of competitive behavior, xie Yongjiang thinks, be necessary to build castigatory sex to compensate for a mechanism, increase right " browser homepage is hijacked " wait for the castigatory strength that violates compasses act. In judicatory practice, still can accentuate to violating the enterprise of compasses for many times punishment, make its enhance the awe-stricken heart to law.
Zhu Wei and Zhao Zhanling suggest, should according to Internet domain the newest case case of unfair competition, and technical measure and the change that serve mode, undertake refining to having legal article, compensatory, perfect, can try to establish even " Internet only chapter " .
"" oppose unfair competition law " purpose, it is to offset the victim's loss not only, more important is the market competition order that return to normal. " Xie Yongjiang thinks, should strengthen the unfair to Internet domain competition, administration that encroachs netizen rights and interests to execute the law strength. Only such, efficient keep within limits violates ability compasses behavior, sue dimension authority to provide legal evidence for the netizen.
Xie Yongjiang thinks, the jurisprudence of rights and interests of netizen of our country protection is more perfect, hope law asks related basis of relevant director branch next, serve as actively, increase the strength that execute the law and frequency, had better achieve discovery one case, handle one case, cannot when the ability after the problem makes dense disease goes administering.
Can severe superintendency and punishment affect Internet development? Xie Yongjiang says, internet serves business to should taste quality kimono Wu to win an user through raising high yield, cannot use with any excuse below any circumstances break the law violate the means of compasses to come gain.
The expert expresses, basis " oppose unfair competition law " the 25th regulation, be eliminated actively or reduce illegal behavior to endanger the operator of the legal status such as consequence, can lawfully light, reduce or absolve administrative punishment. "Accordingly, increase execute the law, supervise and won't damage Internet industry to innovate, can purify market modes of life and relation to their environment conversely, the company that lets make service, product truly shows itself. The company that lets make service, product truly shows itself..
