Brief introduction of details of a case
On October 14, 2010, tecent science and technology (Shenzhen) limited company sues all of computer science department of Tecent of city of limited company, Shenzhen Beijing is limited company of strange tiger science and technology, strange wisdom software (Beijing) 3 border of limited company, Beijing are infinite limited company of network science and technology carried out unfair competition behavior jointly, request court is sentenced your 3 the accused stop experience proposal instantly unfair competition behavior, make an apology publicly, remove an effect, pecuniary loss of implicative compensation accuser 4 million yuan.
Company of Tecent science and technology fastens the copyright person of QQ2010 formal edition. Software of QQ of department of Tecent computer company and each upgrade the special access of version software operation person. In September 2010, strange wisdom software company developed a name to be " 360 privacy protector " software, company of strange tiger science and technology registers a domain name to be " 360.CN " " 360 nets " , offer information to serve business. "360 nets " by 3 border infinite network company is served as sponsor an unit to undertake registering.
Company of Tecent science and technology, Tecent computer company thinks, company of strange tiger science and technology, strange wisdom infinite network company develops software company, 3 time of operation " 360 privacy protector " software is aimed at QQ2010 software to undertake monitoring only, look the label hints to the user in order to wake: "Mutual × × file or catalog had been examined by QQ, among them × × the privacy that involves you possibly " , in " 360 privacy protector " page setting if " this tool will be supervised and record other software to be opposite of the privacy file inside your computer ' peek ' " " outside the file that certain software needs besides moving oneself, still for seek interest ' peek ' your privacy file, the privacy that brings about you possibly is divulged " " after Tecent QQ moves will monitor automatically " those who wait state. In the meantime, 3 companies are in " 360 nets " aspirant travel conduct propaganda, publish such as " 360 safe bodyguard release privacy protector special exposure " peep illicit " software " " 360 privacy protector sends new edition to increase function of Li Wangwang of TM of the MSN that monitor, Tecent, A " wait for an article, open " day of user privacy serious offence " webpage of discussion special subject, the assemble is many such as " long-standing of privacy of QQ pry user " " QQ violates user privacy " wait for an article.
Company of strange tiger science and technology, strange wisdom software company thinks jointly, QQ software and " 360 privacy protector " nonexistent competition concerns; "360 privacy protector " it is an indifferent software, to whether encroaching user privacy right to do this software won't be final decide; "360 nets " introduce to the user " 360 privacy protector " , the unfair competition behavior such as nonexistent concoctive, dispersed hypocritical fact. Argue of infinite network company weighs 3 time, its are not " 360 nets " register person and real operation person.
On December 14, 2010, this case faces south formally in Beijing open a court session of division people court is tried.
The court thinks via cognizance, "360 privacy protector " undertake monitoring in the light of QQ software only, have sole specific aim, bilateral client group same, existence competition concerns. When " 360 privacy protector " move to QQ software monitor and when undertaking state and be evaluatinged to monitoring a result, ought to follow the standard of honest credence, just and be stated objectively and evaluate. "360 privacy protector " diction of the clew that monitor and interfacial diction and " 360 nets " on the evaluation of existence and state, contain stronger emotional colour to have negative opinion effect and misdirect sex consequence, do not accord with the commercial norm of honest credence, form commercial bespatter.
On April 26, 2011, court of district of Beijing rising sun makes first instance adjudicate to this case.
The graph adjudicates this case for the court. Data picture
Adjudicative result
Forensic court decision, 3 the accused stop to issue use experience proposal " 360 privacy protector " V1.0Beta edition software; In " 360 nets " on delete content of experience case tort; In " 360 nets " home page and " legal daily " go up to make a statement publicly, remove undesirable effect; Pecuniary loss of collective compensation accuser 400 thousand yuan.
After 3 border network companies of company of science and technology of Beijing strange tiger, Beijing appeal, the fact that court of the 2nd intermediate people holds Beijing and reason and first instance are identical, the court decision rejects appeal, maintain original judgement.
The language after making up
This case belongs to first cases that involve user privacy protection in unfair competition case, it is the great social practice on Chinese Internet phylogeny, also be China turns over administration of justice of unfair competition law to carry out one of the most classic case.
The court passes the cognizance of pair of this cases, decided safety kind the proper border of software business opinion on public affairs, also made clear party to authority safeguards him to manage medium legitimate rights and interests in the network lawfully at the same time, but can not make illegal judge easily to the management behavior of other, form legal place illicit possibly otherwise unfair competition behavior. The court decision passes pair of 360 privacy protector to monitor what as a result undeserved comment forms commercial bespatter to maintain with respect to QQ software, declared market main body to should follow the commercial standard of honest credence, uphold the competitive order with proper and sound market. The cognizance of case of unfair to Internet competition has this case typical demonstrative meaning.
Arrange contribute: Jiang Kun Kun
