The word says, these two days have a law case or be worth to pay close attention to very much, because capture is small,that is affectionately final judgment of case of rich user information, affectionately lost a lawsuit. 8 elder sister feel, the sense of this law case is quite great still, because this is indicating, later cannot the data of informal capture small gain and information ah.
Good, will discuss this law case simply first.
The thing is such, these two days, about " illegal capture uses affectionately information of user of sina small gain " the case is in Beijing final judgment of intellectual property court is adjudged. The court rejected the appeal of affectionately, maintain original judgement, cognizance Beijing cleans out limited company of technology of friendly the world and Beijing to clean out science and technology of friendly the world to expand limited company (the management company that all is affectionately) make unfair competition, stop experience proposal instantly unfair competition behavior. According to the court decision, two afore-mentioned companies should be in jointly client of affectionately website home page, affectionately carries software home page publishs statement 48 hours continuously, with respect to this case unfair competition behavior removes an effect for small gain company, reimburse small gain company 2 million yuan.
Some children's footwear should say, hum, between Internet company, saliva battles have every day, lawsuit has every day, what do this have curious ah? Do you work which have the sense of the line on so much raise to the higher plane of principle?
Good cut down, that 8 elder sister for say this law case has what effect after all. 8 elder sister feel, the court decision of this law case, the most principal port depends on:
1, made clear legal basis, data of small gain of capture of tripartite company is used at commercializing to will make tort conduct, small gain can undertake prosecution;
2, the condemnatory amount that this the court adjudicates is larger also. Before similar and major lawsuit, the condemnatory amount that the court adjudicates is basically hundred thousands of, do not exceed 500 thousand normally, this case rises considerably 2 million. This falls, other platform wants to call small gain data casually, that affirmation must think carefully, after all cost is a bit high still.
That is to say, family small gain can pass cooperative means to open data to you, but you cannot be below the circumstance that does not have small gain platform and family user accredit, the other information that calls small gain user directly, this is break the law ah. And the understanding according to 8 elder sister, actually, this is in past is gray region, direct capture of a lot of company the privacy information of small gain user and data use as oneself development, so, after you but cannot so dry oh.
E.g. , in affectionately and small gain in this one case, "Affectionately " on line at the beginning of because mix,small gain cooperates, the user can pass date of small gain Zhang and date of individual mobile phone to register entry affectionately, contact of address book of individual mobile phone uploads to affectionately even when the user is registered. Dan Weibo discovers subsequently, of affectionately user " for a time person arteries and veins " in, user of many blame affectionately shows directly have the head portrait of user of sina small gain, name, profession, news such as education. This falls, small gain is angry of course, sue affectionately directly, think affectionately is illegal capture, use information of small gain user, be gotten illegally and use affectionately to register the corresponding relation of contact of address book of user mobile phone and small gain user, and publish business of company of bespatter of opinion on public affairs praise wait for behavior.
So, how ought to each company of future call small gain data? Family court viewing in light of is how say: tripartite application adopts open platform when Open API mode gets user information, should hold to for example " user accredit " + " platform accredit " + " user accredit " ternary accredit principle. Data is offerred just should regard competitive advantage as to try to protect user data information not only, still answer to regard the society of the enterprise as responsibility information of protective user data, adopt relevant technical measure to promote Open API the control of corresponding attributive in cooperative mode, detect through what Open API interface calls and save the control that transfers a process, perfect mode of Open API collaboration ceaselessly.
In the meantime, court of Beijing intellectual property thinks, in the internet network, user information has become one of woof with the efficiency of the promotion in data economy, the mainest henceforth innovation that prop up, accordingly, get and use of data, can become the source of industry competition advantage not only, can create more economic benefits for the enterprise more, it is the competitive advantage with significant operator and commercial resource. Accordingly, network platform offers the user data information that just can use its to agree to collect and be used through the user without permitting do sth without authorization with respect to other to hold the right.
Hey, did this issue you to understand?
