Abstract: Tencent and coral problem from three levels, on the surface is the legal issues of intellectual property, is deep the monopoly and technological innovation competition, in essence is hidden in this behind the interests of disputes. When the conflict of interest has been involved in a citizen's personal freedom and reputation right, law should serve for who?

 

 

Have Tencent to coral QQ author Chen Shoufu copyright infringement case for 5 months, the court has not announced the verdict. After hearing the case, anthozoan atelier website (www.coralqq.com) to court material released to the public, immediately aroused broad netizen especially legal users of discussion.

 

It is reported, according to the indictment, defense and trial evidence submitted by both sides and other information, China University of Political Science and Law, people's University, China Academy of Social Sciences several intellectual property and legal experts will convene an expert appraisal, it was concluded that the"Chen Shoufu did not constitute a criminal offence". The legal opinion book has been sent to the Shenzhen Nanshan District people's court.

 

Although the law has made clear by experts explain, is not a crime, but I believe we must think of coral is a problem, or the Tencent Inc will not be so treated. That's exactly where is the problem? Three from this perspective. On the surface, coral is a violation of the Tencent Inc intellectual property rights; a deeper level, is a monopoly and technological innovation to break the monopoly of the problem; the bottom, the conflict of interest problems actually monopoly and monopoly.

 

　　1, coral is a violation of intellectual property rights

 

Intellectual property rights, only the surface of the problem. The related law of our country intellectual property development is lagging behind, and the field of intellectual property law and often involve new technology, new, so this part is the most difficult to explain, because there are too many uncertainties, so it is very easy for other factors that influence and control. It belongs to the several problems in this case.

 

On whether to change the Tencent QQ: on the one hand, Chen Shoufu written procedures did not modify any QQ code, is the two software is completely independent; on the other hand, after the program up and running Chen program really changed some function of Tencent QQ, so it is hard to say. About Tencent QQ to reproduce and distribute packaged "corals version of" access to advertising revenue, hand simply by copying the free QQ cannot get advertising revenue, on the other hand copying and benefit results do exist, income belongs to the replication of the QQ income still belongs to Chen Ziji plug-ins income, it is hard to say.

 

The intellectual property law has no regulation, controversial, when as a civil case, the general is the judge according to various circumstances, make a decision on his own judgment. But as a criminal case, judgment is very serious, because this is a citizen's personal freedom and reputation, according to China's "crime" and "presumable innocence" principle, controversial case cannot be found guilty, which is also home to several experts are sure to "reasons expert opinion of the innocent.".

 

So, whether the violation of intellectual property rights is very fuzzy, very controversial, but also easy to operate. I believe that if there is no good lawyers and judicial departments, the results could be easily "strength" of the Party of the left. In this case, Chen Shoufu lawyer words very exciting, I believe there will be a certain impact on the final verdict.

 

　　2, the monopoly and technological innovation

 

Everyone noticed once wrote that book "promise not to modify the Tencent Inc software" mentioned in 2002 in the case of Chen Shoufu, but in 2003 they return to one's former career situation. Some articles which questioned Chen Shoufu's character, said Chen is fail to keep faith. Both have an ulterior motive, or jump to conclusions or, these articles are generally overlooked an important detail, that Chen Shoufu adopted a new "plug-in" technology development.

 

As everyone knows, the Tencent Inc in an absolute monopoly in China's instant messaging software market. Because our country has not published the "anti-monopoly law", so Tencent by monopoly to achieve their business objective is temporarily not illegal. In order to achieve the purpose of Tencent monopoly, set up technical barriers and restrictions, the technology is confidential its own communication protocol, the law is applied for the protection of copyright, any person shall not be unauthorized modification of its products.

 

In the domestic instant messaging software market, in addition to Tencent QQ communication protocol is confidential, others such as MSN, Gtalk and other instant messaging software without exception all open their own communication protocol. Original manufacturers out of business interests of public or confidential agreement are no ground for blame, but actually the manufacturers have been on this issue is a "running out of time". Market dominance in Tencent secure their communication protocol is to maintain the monopoly position, other software to open their agreement to seek more opportunities. In this struggle, offbeat coral was born.

 

Chen Shoufu in 2000 began the development of corals, as a technology enthusiasts, the first problem is the communication protocol of QQ is not open, he only can through the study of "reverse engineering" bit by bit."Reverse engineering" refers to the demolition, to obtain from open source products through technical means of Surveying and mapping, analysis and obtain relevant technical information on the product.Judicial explanation of our country stipulates: commercial secret obtained through self development or reverse engineering methods, not recognized as provisions of anti unfair competition law, the relevant provisions of the infringement of commercial secrets.In fact, as a student, Chen Shoufu certainly did not know his behavior is reverse engineering, that is only in solving technical problems of its own, but accidentally bypass the technical barriers of Tencent. At the same time, because do not understand the law, in order to complete development of coral QQ, he through the disassembly code modification of Tencent QQ, hit the "copyright law", the equivalent of a head hit the legal barriers Tencent. Therefore, in 2002 received the Tencent Inc's warning, Chen Shoufu wrote a letter of commitment, promise not to modify the Tencent Inc procedures, the development of the end of the first stage of coral.

 

In 2003, an industry known as the "external" development technology gradually mature. The technology is obsessed with Chen Shoufu after a period of study, using this technology, without modifying any QQ code, the realization of the original through to achieve full functionality of disassembly modification, successfully developed a new "coral QQ enhancement package". His pioneering work, be become a favourite tale at the time SMTH of domestic famous technology forum. At that time, Chen Shoufu thinks, enhanced package does not modify any QQ code developed their own, will not violate his commitment.

 

The "reverse engineering" of a confidentiality agreement Tencent QQ, and through the "external" technology to bypass the "copyright law" in the "change" word, so Chen Shoufu accidentally bypass the Tencent Inc's technical barriers and legal barriers. Considering that Chen Shoufu is still a student, and corals did not bring him any material interests, his so-called "return to one's former career" in the author's opinion is still to diligently pursue, rather than the so-called "personality problems some people". The pursuit of technology diligently, is also the embodiment of the spirit of innovation. Imagine if Chen Shoufu acts for not as Internet model enterprise of our country, collect myriad dotes on Tencent Inc, but to break the technological monopoly Microsoft, Sony and other foreign powers, the government of Shenzhen will never catch him, but also to put on a large red flowers, also want money to give money, want to support him entrepreneurship.

 

　　3, the conflict of interest -- in the case of the secret hidden behind

 

If it is in the American, achieve a technological innovation of Chen Shoufu will be a Tencent Inc or a large company, officially began commercial operation. But Chen Shoufu was born in Chinese, he was still a student, only by virtue of personal interest to continue to "play" with his coral.

 

Because Chen Shoufu didn't what business mind, nor what ambition, to Tencent do not constitute any threat, but also coincides with the Tencent facing Microsoft MSN and other IM software competition, need rapid increase of users, and the function is just the coral is to help Tencent retain are likely to turn to the MSN user, can help Tencent win in this competition. So, 04 to 06 years, Tencent began to support the development of the coral, on his official website to download the corals, invite Chen Shoufu to their conference, also intends to provide some technical interface developed by Chen Shoufu. Chen Shoufu in the quiet and sweet days continued playing his technology, the new version time followed by Tencent Inc released a coral; Tencent also enjoying the benefits brought by the number of users of coral, straight up, put competitors far behind.

 

Until one day, "merchant" appeared in front of Chen Shoufu.

 

　　"Businessmen" appears, Chen Shoufu began by bundling and earn some money, but the money is not enough to make Tencent under the pain killer. The real reason, is the "merchant" such as Yahoo, Google, Baidu Internet tycoon, and IDG and other Vc firm have coveted this worm coral. Tencent learned that after the panic God, at that time the coral users have accounted for all users of the 1/3 Tencent Inc, it also has more than 50000000, once the corals keep house, will be a direct threat to the fortunes of the Tencent Inc. A Chen Shoufu "play" out of the coral is not terrible, but if these giants bug raising Jackie Chan, finally will own the penguins eat into the belly.

 

Tencent finally decided to kill the worm, but the Tencent also has enough ability trod to death this worm.

 

According to informed sources, Chen Shoufu is shut, his family had to find Tencent Ministry of justice, says it is willing to lose money, and promised not to development, and to help eliminate the influence of Tencent corals from technology. But Tencent legal department manager's words let them to despair, said after a few back to reporting is not necessarily accurate, meaning so much: shut the Chen Shoufu a few years, after what technical ability to continue to develop?

 

　　4, the law -- in the end who service for

 

　　It develops now, if finally found Chen Shoufu guilty:

 

The surface meaning Tencent company won a lawsuit, to protect their intellectual property, certainly will of the article, to do a successful enterprise image publicity, and thank the party to safeguard the interests of the enterprise government. Deeper meaning is through the kill the chicken to frighten the monkey, killed all third party plug-ins, in the IM market monopoly has been strengthened, a lot to make money. The essence of the meaning is successful in solving a potential crisis, to win the survival and development space for themselves, the strengthened.

 

The government to protect the intellectual property rights of enterprises.

 

Ordinary users because no choice, continue to use QQ, bug and various types of suffering and fees.

 

Innovators will want to, or not to go to the big company with these horrible, muddle along.

 

Chen Shoufu, a few years spent in prison, after losing a job, lost, lost a friend, lost everything......

 

　　If found Chen Shoufu not guilty

 

Tencent lost face, competitors to attack, will face a lot of potential threat, but it will also have to make more efforts, speed up the pace of innovation, reduce the use of cost, to retain customers and continuous improvement, it may eventually reach a new height of development.

 

The government may have a person so affected by internal disciplinary punishment, but may be commended, especially social recognition, because after all, promote the development of a harmonious society, the protection of the spirit of innovation.

 

Ordinary users can find more good use of third party plug-ins, and even the emergence of alternative QQ new IM tools.

 

Technology innovators are more interested in technology development, create more new products, contention of a hundred schools of thought.

 

Chen Shoufu will return to school to teach. Coral? Estimation even if he out never developed.

 

　　Ending

 

I called on an Internet practitioner's identity:

 

The protection of intellectual property rights to allow of no doubt, but the technical innovation also need support, lost the spirit of innovation, our country will lose forward.

 

Especially in this case involves a citizen of the people's Republic of personal freedom and reputation, from the protection of human rights perspective, I hope the government and the community to consider carefully.