Manufacture | Sohu science and technology
Editor | Yin Li is graceful
On January 12 message, the netizen exploded recently makings say to be spelled great invite return show an activity to cover a region, and go all out great its the photograph in mobile phone album is deleted, be detected by system of Vivo mobile phone. To this, spell great respect to express, those who delete is the original intent before the user edits, future can undertake improvement to the product.
In statement, spell great explanation to say: "Spelling the customer service inside great App to chat page, click ' + ' choice ' film ' finish after taking a picture, if nod percussion to send immediately, this one picture can be saved to come systematic album; Before if be in,be being sent, have the editor action such as clipping, beautification, the picture that App can save a piece to be patted arrives systematic album, rise to be similar to " cache " action, after wait for an editor to finish and be being sent, app can delete the picture before the editor, withhold the picture that sends after the editor. This brought about Vivo system to think to have the operation that deletes a picture. This brought about Vivo system to think to have the operation that deletes a picture..
Additional, go all out great express, future will undertake improvement to the product, won't delete the original intent after taking a picture.
Before this, ever the netizen says, he is attending go all out great invite in returning showing activity by " cover a region " , originally mobile page shows " invite use new user first 1 person, carry directly show 100 yuan " , but what the discovery after inviting shows is random amount, and did not go to 100 yuan to cannot be carried now. Oneself look for customer service theory subsequently, saved mobile check scheme, after that photograph of Vivo system clew is spelled great APP is deleted. This netizen sought advice from Vivo government customer service, the other side expresses, if the user allows corresponding limits of authority, the software on the mobile phone can get the information of user correspondence.
According to this netizen description, spell great customer service to this its explanation weighs a picture by cutout cleared cache is caused. Subsequently, spell great staff member to call this netizen to express, explain very hard from the point of technical trace, did not delete, express to be willing to compensate 30 yuan not to have certificate of doorsill acting gold.
To the incident of this netizen exposure, sohu science and technology sought advice to learn office of professor of friend of courtyard Su Hao and attorney of boreal capital beautiful to carry out director Song Jia via trade university law external.
Su Hao friend expresses, this netizen participated in those who spell great APP to release " invite 1 person, carry directly show 100 yuan " activity, invited a newlywed person according to mobile regulation. This netizen and go all out great between built contract law law to concern at this point. Nevertheless, both sides is reached with respect to the content of the contract fulfill generated controversy, the mobile check scheme that this netizen saves with its serves as evidence, with go all out great give through talking things over solve. That is to say, civil issue produced between both sides, give through reconciliatory means solve. The civil dispute between them ought to applicable fundamental law is just carry out " civil code is in charge of " . " civil code is in charge of " the 3rd making up is the contract is made up, can use at handling the issue between party. Additional, " civil code is in charge of " the first civil law is concerned in making up general principles the concerned regulation of action of basic principle, civil law, also can use at settling the contract dispute between party. This is the impact of basic law rule between party maintain reach relevant legal basis.
"According to the report of this netizen, go all out great in handling dispute process, cutout saves the section that concerns this one activity in album to pursue besides this netizen. Although go all out great operate this ascribe system, but in because delete the behavior of the picture to happen in party both sides,handling dispute process, go all out great the suspicion that deletes the behavior of the picture to have ruined evidence. If go all out great deleted the picture related to dispute only, did not delete other pictures however, criterion this kind of suspicion is bigger. Criterion this kind of suspicion is bigger..
Su Hao friend expresses: "Spelled great this one behavior to disobey " civil code is in charge of " the sincere letter principle of the 7th regulation, be about to evade the responsibility that the agree carries through destroying evidence, be not quite the behavior of glorious. Additional, the picture that the netizen films belongs to personal property, basis " civil code is in charge of " general principles makes up the 5th chapter to set, our country civil code protects all sorts of civil rights of civil main body, provide the protection that recognized fictitious to data, network worth in the 127th especially. Go all out great the picture that deletes a netizen to film, it is the encroachment of pair of netizen personal property. Of course, if these pictures contain the content such as individual effigies, privacy, still may violate the character right such as effigies authority, privacy right. Still may violate the character right such as effigies authority, privacy right..
Song Jia expresses to Sohu science and technology, in this netizen feedback circumstance belongs to solid premise to fall, return those who show an activity to appear to cover a region to inviting, spell great behavior to involve false conduct propaganda, party can supervise management board to undertake complaining to the market of company place apanage. Next, party also can counterpoise through legal approach dimension.
Specific involve applicable law include: " contract law of People's Republic of China " the 125th the first section provision: "Party is open to question to the understanding of contract provision, the purpose of the concerned clause of the expressions that ought to use according to contract place, contract, contract, trade habit and honest credence principle, determine the true meaning of this clause. " and top people court about applicable < contract law of People's Republic of China > the explanation of a certain number of problems (2) " the 3rd about " person of offer a reward states with making public means the person of certain to finishing behavior pays reward, the person that completes specific action requests person of offer a reward to pay reward, people court gives lawfully support " regulation.
Look in her, trade in electronic business affairs in the habit, "Invite return now " the sale shift that often is used as to dig user socialization resource to develop new user by the businessman, go all out great " invite 1 person, carry directly show 100 yuan " activity also not exceptional. The party in this case invites invitation new one person, accord with the regulation that spells great activity. This case party asks in regulation of the activity that finish " invite 1 person " this can ask to pay reward after specific action.
Additional, the deletes an user photograph information that great to going all out likelihood involves, song Jia expresses: "If go all out great the information that deleted an user really, this behavior is illegal behavior. This behavior is illegal behavior..
Basis " network safety law " the 41st requirement: Network operation person collect, use individual information, ought to follow lawful, proper, necessary principle, collect publicly, use regulation, bright show collect, the purpose of use information, means and limits, and classics the person that be collected agrees. Network operation person the individual information that must not gather the service that provides with its to have nothing to do, the provision that does not get lawbreaking, administrative regulations and bilateral agreement are collected, use individual information, and ought to the regulation of according to law, administrative regulations and the agreement with the user, handle the individual information that its save.
And the penalty that faces possibly to afore-mentioned behavior, song Jia expresses, the market supervises management board to be able to make corresponding punishment.
Get attributive of user mobile phone, likelihood to carry out the circumstance of certain operation below user unwitting circumstance to APP, su Hao friend teachs a proposal: "1. The netizen is in download, when using all sorts of App, must pay attention to the protection that to oneself privacy right and individual data belongings counterpoise, use authorization cautiously, avoid to cause needless loss, in the dispute that is immersed in expect to be less than. 2. Internet enterprise ought to continue to promote the drive that sincere letter manages, respect character right of the client and property right, first place of park of protective consumer right. 3. When netizen and electric business company produce issue, pay attention to save good evidence, rational thought fors the time being; Electric business company should act on the spirit of be practical and realistic, handle dispute seriously, improper to oneself behavior is brave in to carry duty, is not shuffle prevaricate, protracted do not destroy evidential willfully make a trouble even definitely. 4. The misfeasance that netizen and consumer can be aimed at electric business company is complained to market superintendency mechanism, inform against, offer break the law, violate compasses clew and evidence, the market superintends mechanism to ought to be investigated in time, safeguard the market environment of fair competition, the sincere letter that cultivates electric business company manages drive, enhance the strength that protects to consumer through executing the law. Enhance the strength that protects to consumer through executing the law..
