2010 China Internet ha list 7: ten cases

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  • / Author: Aaron Lewis
2010 China Internet ha list 7: ten cases
Planning \ \ penned Liu Xingliang

In 2010, the Internet industry to flourish at the same time, all kinds of disputes are constantly emerging, the Internet this new paradise is also smoke four of the main battlefield of the parties to the dispute, review of these cases occurred in 2010, attention its characteristics of mutual action, joint action, price action by the industry.

1, Tencent vs360

Starting from 2010 September to 2010 November, the outbreak of the war of 3Q sensation at home and abroad, the undisputed election this year the hottest Internet cases. Chaoyang District court of Beijing city in November 5th formally accepted Tencent v. 360 "Privacy Protector" unfair competition, Tencent claim 4000000 yuan. In December 5th, the first hearing of the case, although the final verdict will need at least half a year, but this is not the most important, the incident prompted the Ministry of industry and information technology announced the "Interim Measures for the supervision and administration of Internet information services market order is the most important (Draft)", clearly defines the Internet information service provider acts of unfair competition and violations of the legitimate rights and interests of users, according to the draft, illegal competition, will be fined 100000 yuan to 1000000 yuan; if the circumstances are serious, shall be ordered to suspend business for rectification.

Comment.The Ministry of industry and information technology rapid reaction can promote the formulation of rules, so it is not true of the.

2, dream Basha vs Mcglaughlin

In 2010 May, dream Basha believe that the emergence of a bra products Mcglaughlin mail order catalogue, sales of the B2C website, and dream Basha swallowtail Linglong Cup Bra run in the same groove and the Mcglaughlin litigation to Shanghai Pudong New Area court to Mcglaughlin on grounds of infringement, asked Mcglaughlin to compensate for the loss of 2000000 yuan, has sounded the alarm for e-commerce operators, practitioners. The case was concerned that, because when Mcglaughlin into securities fraud class action in American mire inextricably bogged down in the occasion. Mcglaughlin as a dark horse this year electronic Business Company listed, IPO soon broke the existence of misleading and false information to investors in the offering document, so far in the United States has suffered sixth class action lawsuit.

Comment.The thought that gorgeous turn, but good is a farce, is awakened many are doing America listed dream person.

3, royal literature vs Baidu

Baidu library at the end of 2009 officially launched after because rampant piracy and become denounced the copyright square to grand literature as the representative of the war, when 3Q has not completely subsided, royal literature launched the copyright wars took over the baton, phone again. Royal literature combined with Interactive Encyclopedia, shye, there are dozens of publications Baidu were against online piracy. It should be said Baidu very good use of the current legal rules, disguised herself legitimate and innocent, but inside it is arrogant and rude, MPs music has been drained, literature industry should become the network music industry next? In view of the current situation of intellectual property protection in crunch time, in November 5th the State Council issued a notice, decided to March from 2010 October to 2011, concentrated in the country to crack down on intellectual property infringement and counterfeit doubles action. The competent departments at all levels, national copyright court also in research, to stop the infringing act, the protection of industrial development in an effort to.

Comment.This, is doomed to be a soap opera.

4, Fang attack

The afternoon of August 29, 2010, Fang was attacked by two unidentified gunmen in a media interview, an uproar in 2010 mid autumn festival attracted the industry, feel faint uneasiness to society. Fang identified suffered minor injuries, the case is less than a month, principal of the Xiao Chuanguo trial to stir up trouble crime were sentenced to criminal detention 5 months, has appeal.

Comment.It is dedicated to scientific fraud is itself a beneficial to the behavior of many people, every one of us ordinary people should do an own meager strength, on the side of the fraud was revealed or broke.

5, Tencent vs Sogou

In May 27, 2010, the Beijing court hearing of Tencent v. Sogou unfair competition case according to the Pinyin input method, the Tencent Inc claims 20000000. The court to Sogou constitute false propaganda, as well as in the corresponding input method software set obstacles in the user's QQ Pinyin input method, easy to mislead the public, violated shall follow the market transactions in the voluntary, equality, fairness, honesty and credit principle, recognize the Sogou constitute unfair competition, the court sentenced compensate 240000. And in 2009 the Sogou Pinyin input method is the same as the unfair competition claim 20510000, sued Tencent, Tencent lost, compensation for 231500.

Comment.The two half a catty of eight two, is a waste of judicial resources.

6, the Green Dam code plagiarism

In January 5, 2010, USA Cybersitter company in Losangeles to China and 7 PC manufacturers sued, accusing them of not appropriate use of the content filtering software code, 7 PC manufacturers accused including Lenovo, Acer, Sony, Toshiba, Asus computer, Benq Corp and Haier group. Cybersitter company still Sue said, "China producers Green Dam" software illegally copied more than 3000 lines of code the filtering software, copy more than 56000000 of the pirated software and distribution in China domestic and Chinese government and computer makers collusion, and apply it to the domestic Internet "Green Dam Youth Escort" filtering software. Therefore, Cybersitter asked for $2200000000, equivalent to RMB you do the math.

Comment.The absolute price action, as you can imagine, if the parties Chinese forced to USA responding to pay, how high legal fees and litigation expenses ah, Americans may also know that "not bad money", directed at the "Green Dam" software official background.

7, Jinshan vs360

The afternoon of December 6th, Jinshan prosecution Qihoo 360 chairman Zhou Hongyi slander, abuse corporate reputation first hearing in the city of Beijing Haidian District court, the case involving the "dot" case ", Jinshan software failure 360 safe bodyguard" events, Kingsoft Corp asked Zhou Hongyi a public apology, and compensation for economic loss of 12000000 yuan. However, Jinshan and 360 both parties after three hours of heated debate, the court is not the court verdict, also not released in court again time.

Comment.A word on chaos.

8, Baidu vs360

Qizhi software company in 360 safe bodyguard software, three International Co. Ltd. in 360 security center web site will Baidu toolbar and Baidu address bar software called "bad reviews plug-in", "bad reviews software in killing the virus, Trojan horse," will be the two software identified false description, induction delete users, there is no basis for introduction to the two paragraph of the negative software. Beijing second intermediate court think, these acts constitute unfair competition, decision two the defendant to stop infringement, published a statement in order to eliminate the influence, compensation for economic loss and reasonable litigation expenses 38 yuan.

Comment.Baidu is not anxious to win.

9, cool cool vs 6

Because of the World Cup football this summer, video website Youku and cool 6 trigger "flow" slobber war, two companies accusing each other of infringing reputation and claims 1000000 yuan. The day before yesterday, the two lawsuits in the sentence in a Haidian court, the court 6 cool off tort website link, an apology and compensation for Youku rights costs 100000 yuan. Cool 6 to cool the case is still pending. After the verdict, the two parties did not clear whether to appeal.

Comment.All is in order to fight face, do not easily, including the judge.

10, true and false happy net cases

In 2008 March, the social networking site "happy net" (kaixin001.com) opened, providing social networking service, also has a "happy" word special registered trademark. Opened soon, the number of users to rapidly expand, the network users and industry recognition. In 2008 October, the defendant 1000 oak interconnection company also opened the same name "happy net" (kaixin.com), the website also provides social network services, and the use of graphics and text and the website home page approximation, generating confusion network users to two party service. The second intermediate court think, the defendant shall not use the name of the same or similar name and the famous special service "happy net" in the social network service, the court decided that the defendant the plaintiff compensation for economic loss of four hundred thousand yuan.

Comment.The crime cost, has been reduced to a minimum.

Special thanks to:360
To reason:He is, in the past year, be conscientious and do one's best, rely on their own hard work, tireless efforts, to the 2010 Chinese Internet ha's list of "ten cases" contributed three cases, call upon the industry colleagues learn this spirit, and action.