Read number: 946
? ?
In video website " brush discharge " it is a best-know gray industry. Recently, website of video of domestic head origin " brush a quantity " and caused unfair competition case is adjudged in Shanghai, accuser love is strange art win the lawsuit, the accused Hangzhou " brush a quantity " the compensation be sentencinged such as the company apologizes 500 thousand yuan in the newspaper. Nevertheless, go up in electric business website at present, "Brush a quantity " the businessman still can be found easily, and the sales volume that has many businessmen is very considerable.
Discharge, it is the lifeblood of website of a lot of video, can affect video website resource tilt degree and advertisement quote, accordingly, often also be stared at to go up by a few illegal elements, borrow machine brush a quantity, bring sizable profit for oneself. A few days ago, court of people of Xu Hui division is opposite Shanghai love is strange art the company sues Hangzhou the unfair competition case such as a company that brush a quantity make a court decision, love is strange art obtain compensate 500 thousand yuan. This also is home first because of video website " brush a quantity " caused unfair competition case.
Brush a quantity
4 months are made give false visit 950 million times
As we have learned, discharge is ad business He Aiji art the website data that values very: Average viewer loves to surprise in video website art on when watching video, need to watch stick an advertisement rear and considerable read video content, the person that advertisement puts in visits an amount to pay advertisement fee according to video; Surprise in love art on, partial film measures You Aiji according to effective order programme art the company just undertakes be dividinged into to copyright. Can say, discharge can affect ad fare, copyright charge to wait, accordingly, many illegal elements made the decision of discharge.
Limited company of science and technology of information of Hangzhou flying beneficial is stared at went up " brush a quantity " business, the QQ Zhang date of this company use individual, account that clean out treasure solicits video to brush volume business external, nominal commodity pays treasure account collection reward through the individual, it is to love to surprise not only art, on the mainstream video website such as video of actor cruel potato, Tecent, this company brushs the behavior of the quantity, the price is 15 yuan 10 thousand times every about.
Collect forensic introduction according to Xu, many staff of this company carries many domain names, change ceaselessly means of visit IP letterhead, successive visit loves to surprise art website video, raise video quickly inside short time to visit a quantity, came on Feburary 1, 2017 only of the same age on June 1, flying benefit firm surprises in love art the website made not less than more than 950 million false visits, illegal benefit 10 thousand yuan about a hundred.
Sue
Love is strange art " ill will brushs a quantity " claim for compensation 5 million
Love is strange art think, discharge is the cornerstone that video industry grows in order, real time statistic loves gather into one of its computer science department strange art the video of the website visits data, when including address of IP of the person that visit frequency, visit, visit, grow etc. Pass the analysis that logarithm occupies, love is strange art the company is OK and accurate of the person that the welcome extent that judges different video, different area is visited view an interest, watch time paragraph, make video purchase accordingly reach recommend, the important managemant decision such as layout of advertisement collaboration, server; And business of collaboration of video supplier, advertisement also needs to decide according to afore-mentioned data surprise with love art the collaboration of the company is politic. Accordingly, accurate and real video visit data is strange to love art the video content supplier of company oneself, upper reaches, downstream ad business and love are strange art the true user that video broadcasts a service crucial.
Love is strange art express, to " ill will brushs a quantity " be related, love is strange art have special provision, conventional collaboration just does not increase the unfair competition action that visits a quantity balefully, undertook limitting to effective order programme. In addition, still use technical measure to have screen and control to brushing quantity behavior. Flying benefit firm was disobeyed oppose the legal provision such as unfair competition law, love is strange art to this claim for compensation 5 million yuan.
Nevertheless, flying benefit firm criterion argue says, as a result of technical reason, the data brushing a quantity of 70% above can be surprised by love art company screen, the data of screen won't be strange to love art the company is caused damage, and flying benefit firm still requires pay server, discharge, artificial wait for operation cost, gain profit actually finite. According to the operation mode of video website, video visit measures taller website to be able to get higher advertisement income, yi Kechong touchs love to surprise art the loss of the company. Love is strange art 5 million yuan of pecuniary loss that the company holds are apparently exorbitant.
Court decision
3 the accused are sentenced to compensate for love to surprise art 500 thousand yuan
Final court thinks after classics cognizance, of firm of the accused flying benefit " brush a quantity " behavior, can cause love to surprise not only art the copyright license that company much expenses should not assume uses fee, and still can let its be based on truthless visit data, the trade that makes a mistake is decision-making, bring about the forfeiture of competitive advantage. the person that offset is expended, because as a result of,discharge a prevenient video phonily not the demand of consumer of can real report and market, once the customer that is visited to measure misdirect discovers video is discharged with quality not when photograph be identical, generation undesirable user experiences, suspect love is strange thereby art the visit data of the website, trust love to surprise no longer then art the commercial reputation of the company, choose other service provider finally to bring about love to surprise art of company economy interest again loss.
The court decides, flying benefit firm violates accepted business ethics, damage love to surprise art the legitimate rights and interests of company and consumer, make unfair competition. Surprise considering love art the corresponding management expenditure that the company has excluded the visit data with false much and the accused through technical measure, adjudicate 3 the accused compensate for love to surprise jointly art company pecuniary loss is reached 500 thousand yuan apologize in the newspaper, remove an effect.
Attention
Still can buy at present on electric business website " brush a quantity "
Boreal blueness signs up for a reporter to see on electric business website, search at present " video website brushs a quantity " wait for a keyword to had shown without the result, but search " video website home page is popularized " " video website data is optimized " wait for content, still can find these " brush a quantity " businessman. A few business that brush a quantity door indication month sells nearly 5000, the illegal profit that gains from this is relatively sizable also.
Introduce according to controller of a businessman, at present all video websites include to actor or actress cruel potato, Tecent, love surprises art, Sohu, happy inspect, PPTV can operate " brush a quantity " , the price differs. Among them, love is strange art cent is two archives, first gear is " drop a quantity " , brush a quantity with the machine namely, this kind of means is surprised easily by love art discover with technical measure and screen, 10 yuan 10 thousand, the bag inside 7 days fills; Another archives is " do not drop a quantity " , the price is 80 yuan 10 thousand times, do not pass this grade " do not assure speed, need queues up, data delay is newer, do not receive urgent sheet " . The quote brushing a quantity of website of additionally a few video from 2 yuan 10 thousand go to 60 yuan 10 thousand differ, some acceptance " drop a quantity to fill " , some assures " fast " .
Shanghai Xu collects forensic intellectual property to try Wang Limin of front courtyard presiding judge to express, in tide of modern society informatization, information, data becomes the main force that urges social progress, big data and corresponding application technology are attached most importance to especially should, had become market operator to master the main factor of competitive advantage. The protection of value of huge to contain of place of big data information trade and compasses make legal system, ying Bingchi safeguard trades the main train of thought that honesty of development of safe, stimulative technology, esteem believes in order to and accepted business ethics, the behavior that brushs a quantity can harm the commercial interest of video website, also can damage the legitimate rights and interests of consumer, the agree carries corresponding tort responsibility.
(primary problem is " video website " brush a quantity " every 10 thousand 15 yuan " ) ? ? ? ?
