Economic observation signs up for Chen Yongwei / article although all corners of the country of digital economy is not short of billows, but " first " , " vacate " a situation full of danger that place of collision of two big tycoons raises still let people eat one Jing. On June 1, tecent with " a department " product experience is shocking compete, caused to Tecent fame damage badly for, sue today's top headlines formally to the court, claim 1 yuan and ask to apologize. Face the suit that Tecent initiates, first gave out most strong response, made countercharge mentions to the court for unfair competition with Tecent instantly.
Alleged those who freeze 3 feet are not a day is cold, tecent and a long-standing of conflict it may be said between. Last year, tecent is encroached with today's top headlines the court has told his for intellectual property, obtained finally win the lawsuit. After this, although intellectual property dispute comes to an end temporarily, but a series of new contradiction rise to surface gradually however. Since this year March, tecent because a variety of reasons, be opposite for many times " a department " the product had intercept and screen. This a series of act aroused a head indignant. As fight back, a have the aid of the advantage that its get on in news transmission, distributed the opinion on public affairs of Tecent of a large number of condemnation, condemn. Recently, first transmitted a problem to be " : of Xinhua News Agency? Does fear of Zi of of collect of Ai Tang bend over does frame of little account book return Ti of Yun of of male contraction ox to fall is steamed bun of comfort of disclose of of Ti of the banter other barefooteding contraction of San of of joyous of H of a low bank of earth between fields of ┭ of be jealous of of Zi of Jia of the Qiu that take unoccupied place namely does calf of Zi of straightforward advice of of Guo of Bi Xuan serve wriggle stand tall and upright?
Look from formally, today this " the head vacates big fight " with how before New Year that " 3Q big fight " quite part is alike in spirit -- different is, stem from litigant strategy to consider, both sides altered litigant reason to combat unfair competition from antitrust. Nevertheless, from the point of the complexity of the case and influence, this big fight is afraid should compare " 3Q big fight " tower above is very much. Current this " the head vacates big fight " the difficult problem that included all Internet timeses such as the platform competition, competition that cross a boundary, attention competition to compete almost, also superintend to platform processing, algorithm at the same time waited for a problem to pose a challenge. These problems are so significant, also be to make a person headache so. Can say none exaggeratively, this " big fight " go after all situation how, after will affecting industry of Chinese whole Internet to be in the development inside very long period of time.
Close fair Zhan Qinqiong, its meaning is in discharge
"The head vacates big fight " after erupting, ever a friend asks me, today's top headlines makes news, small letter makes communication and socialization, these two enterprises are absent at all same a competition in the market, how did they go up with respect to conference thick line? I think, this problem also is the doubt in a lot of popular feeling.
So after all Tecent and head are these two enterprises in after all what to contend for? To sum up in a word, what they contend for is discharge, it is the attention of the user. Be in early " 3Q big fight " during, david Evan ever had put forward the economist that offers economy to seek advice from a service for Tecent litigation group " attention competes " academic. This one theory thinks, competition can not happen possibly in those production only between the similar product, company that provides similar service, want these enterprises to take the attention of the user seriously only, with respect to the likelihood existence competition concerns between them. According to this one theory, "Wang Zherong boast " , cleaning out treasure and QQ to see the product that seems a have absolutely nothing to do with each other 3 times this may be mutual competition. Because be when people is free, may be brushed already " Wang Zherong boasts " , go possibly also rambling clean out treasure, can look for a person to chat again probably. Look from this angle, these 3 products from it is the attention in contention user substantially. Although " attention competes " theory is in " 3Q big fight " when was not used by the court, but the arrival as digital economy times, this academic powerful explanation force begins to chase fadein to be shown however.
Why discharge, is the attention that perhaps says an user so serious?
On one hand, it can bring profit directly. Buy to the net, the product such as game, large flow itself is meant trade greatly the forehead and big gain.
On the other hand, it still means the possibility that achieves earnings. Present Internet enterprise is multilateral platform, can share a few markets at the same time. Although be on a few markets, discharge cannot produce immediate value, but can change through alternate allowance now. E.g. , most news kind the client carries itself not to collect fees, but get flow through attracting a client, they can obtain the advertisement commitment of high specified number, still can introduce these discharge the net to buy, game other and OK the product that produces profit directly. Although some of product still does not have clear commercial pattern temporarily, want it to be able to bring sufficient flow only, mean future to have change now, the likelihood that generates huge profit. It is this kind of possibility merely, its value is very considerable. Among them truth, be like the period authority on money market, itself of this kind of right is worthless, but the possibility that means prospective benefit as a result of it, still can sell bade division in the market so.
Can know at 2 o'clock by above, itself of digital economy times is " discharge is king " times, contended for discharge, contended for profit, also contended for future. Understood this is nodded, why can the action that involves type of public battle the Qin Dynasty fining jade always erupt between tycoon of not difficult clear Internet.
So, in the contention battle of this discharge, tecent and head does expression part how? Look from the current situation, tecent occupies very large dominant position of course. Because have small letter and QQ software of class of this two big countrymans, tecent still is the enterprise that masters most user time at present. But if see increment, "A department " the product has greatly the latercomers surpass the formers, strong the situation that overtake. According to statistic, at present the user of App of today's top headlines had been achieved 700 million, lunar user Shi Changchao passed 20 hours. And " a department " nearsightedness frequency kind the product is expression more breathtaking -- " tremble sound " day all broadcasts a quantity to amount to 1 billion, "Volcanic small video " day all broadcasts a quantity to achieve 2 billion, whole " a department " the day of video always all broadcasted a quantity to exceed 10 billion. Such impetus, even if Tecent such industry tycoon, be afraid also must meet sense a few uneasiness for it.
The road that him home builds, let do not let others home drive?
In " a department " advance triumphantly when, encountered the nick that comes from Tecent however. Begin from March, tecent begins to wait for software interior block up, screen to come from in small letter, QQ " a department " the content of software is shared. Because small letter and QQ had become Chinese countryman in fact,undertake the main entrance of network socialization, accordingly these screen to " a department " of the product diffuse produced not little negative effect.
In fact, if want to say Tecent screen " a department " product, such how much stating that have some of inaccuracy. Him author has tried, be at present in small letter is OK still the news of transmit today's top headlines, as to the short video that shakes the product such as sound to go up, although cannot be shared directly, but still can undertake transmit through the form such as duplicate and stickup link. Nevertheless, considering shake the product such as sound to beg fast, beg absorbing idiosyncratic, prohibit sharing this one act directly already enough causes serious blow to its. Although Tecent argue says to prevent with screen " a department " it is to prevent the transmission of undesirable content, but as a result of both existing to compete intensely on user discharge and attention market, because this kind of argue appears very difficult wash " avenge a person in the name of public interests " suspicion.
So, whether does platform have authority to choose his open sex after all, whether to have the user that authority decides screen is specific? Look in me, the element that this is afraid it should consider a few is important to should consider a few --
The first element is, whether there is competition to concern between the business of this user and platform. If both concern without competition, that should be opened of course, but if have competitive concern, criterion ought not to free is open, otherwise this can attack platform the enthusiasm of possessory construction platform. This is like, if someone is in for the freight company of oneself,traffic communications center built a road, so it is OK of course that person of this way to give way goes, but if another freight company wants to run with this road,carry, so long passerby can choose to reject its to pass, perhaps do not allow its to be passed freely at least. The user agreement that I investigated the company of a few Euramerican platform such as Facebook, Twitter, apple, discovery has relevant provision regulation among them, if there is the competition of business between user and platform, criterion the transmission that platform has authority to prevent its content.
The 2nd element is, platform is the necessary choice of the user. If platform the business to the user is indispensable, so although competition exists between its business and platform itself,concern, platform also should be opened to its -- of course, at the same time it needs to pay corresponding fee to platform. This is just like have a way only to destination, so although repair passerby,company of malcontent and other freight competes with his, also should allow its paid the road that builds to oneself undertakes use.
In the process that analyses above problem, in drawing lessons from intellectual property law, be opposite " the standard is necessary and patent " accredit and use method are very helpful probably. Alleged " the standard is necessary and patent " , those who point to is to make industrial product accords with technical standard and the patent technology that must use, once all enterprises produce a product, must use. But, these patent are mastered by certain business again, because this does not have its accredit, relevant production will not undertake. To promote the competition of the market, law set right " the standard is necessary and patent " , patent holder replies the company that involves this patent according to " fair, reasonable, without discrimination principle " (abbreviation FRAND principle) have authorization to its and collection accredit cost. Look in me, the open sex that this kind of train of thought ponders over platform to us has quite draw lessons from a meaning -- if platform is not to the user " necessary " , so platform can choose to whether be opened to its; And if platform is to the user " necessary " , so platform should according to FRAND principle, undertake opening to the user below paid premise.
Content goes out finish sth, after all who is responsible?
From go up at all look, tecent is banned " a department " the product should be the purpose that stems from contention discharge and user attention, but look from more immediate cause, these behavior of Tecent are more it is to be protected oneself.
"A department " the product can rise abruptly quickly, what very big reason allows in Yujinei is hot. Nevertheless, too hot content can brush gun fire accidentally very easily, jumped over a bound not carefully. In fact, "A department " the product can say really is a flock of " problem teenager " , can produce a few things to come from time to time -- today's top headlines because its algorithm problem, regular meeting spreads a few false news innocently of purpose; And shake the product such as sound, watermelon to often can explode an a few force, pornography, " low common " video. For these, today's top headlines was not believed less to do to talk about by the net really, the product below its banner ever also was instructed to stop download for many times, undertake rectifying and reform.
First everywhere stir up trouble lets Tecent very headache. Tecent does platform, first news, video has transmission through its platform, so if among them content goes out finish sth, so Tecent can assume joint liability necessarily. It is very painful that this lets Tecent feel -- first content is welcome, long is the pink of itself, but if gave an issue, follow be punished together. Catching up with the closest superintendency branch to be opposite of whole network superintend progressively hasten to tighten, with " a department " the one chunk that the product was tripartite product of the representing to become Tecent " negative capital " .
How does ability avoid these " negative capital " brought influence? Look from the angle of Tecent, have two ways probably: It is those who carry pair of relevant products is open, strengthen the examine and verify that allows internally at the same time, transmit the health of content in order to ensure. 2 it is a cut the Gordian knot, give to these products ban. A road appears more tender, also more accord with morality and justice, but its are however Tecent to what cannot bear is heavy. In fact, today's top headlines is in after talking about repeatedly by, already employ a large number of personnel undertake examine and verify to content, but also cannot ensure content is without a problem even so. This is meant, if Tecent wants to assure the safety of content, certainly will should throw the manpower that comparative and financial capacity. More crucial is, these investment cannot give Tecent itself completely to bring any profit. The term that uses economics is told, in this process, tecent needs to bear tremendous " negative exterior sex " , and cannot get any compensation. If consider this is nodded, so the choice of Tecent remained naturally only, undertake banning to these products namely.
Those who need a specification is, no less than points out before us, tecent was opposite actually " a department " the product undertakes complete " ban " , the user passes the method of duplicate and stickup link to still can undertake sharing to concerning video. Tecent this " give the wrongdoer a way out " it is very worth while of ponder -- the user undertakes duplicating stickup, the content that explains its oneself had been shared to its undertook judging, so if the content that its share has a problem, more responsibility are on its individual body; And if the user is to be clicked directly,share, so the content that maintains its bisect very hard to enjoy undertook judging, once go out,finish sth, scanty the platform at examine and verify will be difficult demit its blame. Visible, this one little movement, the fine that also reflected Tecent really suffers from the intention.
Jump out " the head vacates big fight " , we can see unsharpness platform responsibility has become a when develop to restrict platform serious problem. The essence of platform is to match trade and alternant, it is to have " twoness " . According to Nobel economics award winner ladder is like Er to be in its are new book " public interest economics " medium view, besides the property that has average company, platform acts the market even " watcher " the part with the compasses person that make. Since platform also is the compasses person that make, so the person that its function is made with respect to hard to avoid and another compasses -- governmental function produces jackknife. Below this setting, limit what problem to should be in charge of by the government, it what problem should is in charge of by platform is very important that what problem should is in charge of by platform. If do not limit this border, so platform enterprise is met not know what to do, advance and retreat is broken according to -- the canal became little, gave a problem to want to carry responsibility; The canal is much, hard to avoid has fair implement illicit used ill will. Look from this meaning, publish relevant legal laws and regulations, limit the liability limit between government and platform, cognizance platform to after all how old compasses makes power as early as possible, the healthy progress to platform will be very important.
Superintendency algorithm still is a big question
Cause this " the head vacates big fight " direct fuse, be a head of transmit that " : of Xinhua News Agency? Does fear of Zi of of collect of Ai Tang bend over two of frame of little account book 6 does eye of of brilliant of of over sixty years of age of fierce huge rock of Jiao of slander of funny collect of Zi of of of clumsy of harmonious of busy of Hun angry beat ā L Zi to spend Zou of Xun of a surname of Ju of slander of high and steep of dainty of the that hold of male salary ?
News client him end that is a delegate with today's top headlines produces content rarely, the content that they transmit is to pass algorithm to be on the net mostly capture, repass algorithm recommends an user. In this process, the proportion that manpower intervenes is very small. Since be to use algorithmic capture, algorithm to allocate, that has a lot of problems to avoid hard. Hear anew supply on look, algorithmic itself makes sure whether gotten content is whether true, objective very hard, judge its harder whether " low common " . And hear anew allocate on look, judge the preference of the user by machine study, it is very easy to undertake on this foundation individuation is recommended let an user be immersed in " information chrysalis room " , let its indulge in the point of view with as inherent as oneself similar point of view, and the reception that ignored real to the outside news. If we cast world of case scan widely, with respect to meeting discovery algorithm had produced too much problem nowadays -- algorithmic discrimination, algorithm conspires, the stock market that causes by algorithm is fluctuant, all these are worn in the worry people.
Going up objectively when an algorithm that does not have viewpoint of value caused undesirable effect, how should be we answered? "The head vacates big fight " present this one problem with a kind of very dramatic means was in people at the moment. But regretful is, at present we still do not have very clear answer to this one problem. What we can know truly is, enterprise anything but can with " the technology is innocent " , " algorithm does not have viewpoint of value " come shirk responsibility, but in particular case, the enterprise should assume how many responsibility for the problem of algorithmic generation after all, how to assume responsibility, these still are not clear. Probably, pass this " the head vacates big fight " , we can find more clear solution to this problem.
Epilogue
Digital economy is the economy of a kind of rapid evolution. Develop photograph comparing with the high speed of pattern of technology, trade, the construction of relevant law laws and regulations can compare lag normally. Regular ambiguous, can let be in among them competitor to produce a lot of bewilderment personally. Stem from the difference that unscrambles to regulation, different competitor people can erupt to conflict intensely. Review the phylogeny of whole number economy, all and intense conflict, it is the conflict about regular problem substantially -- " 3Q big fight " such, "The head vacates big fight " also be such.
Tell from some kind of meaning, in a regulation not clear environment falls, each decisive lawsuit itself is important practice when establish regulation. Although China does not use legal precedent method, but the cognizance of all and classic case, court decision can give subsequently legislation keep valuable data. We can see, "3Q big fight " in built a lot of principles, convention had made the important reference that ponders over Internet law problem currently, can foreknow, this " the head vacates big fight " also can produce a lot of similar positive result. Look from this angle, "The head vacates big fight " will be destined is not an ordinary lawsuit, the effect that its produce will be extensive and far-reaching. How can develop as to particular details of a case, return very difficult judgement at present. I think, as outsider, what we should do now is await and hope. ■
(the author fastens Beijing University market and researcher of network economy research center)
