360 prosecution of unfair competition by the court dismissed the Jinshan
unfair competition, the domestic development of the Internet has become a stumbling block
360 the company has run into a wall on the lawsuit. Jinshan prosecute unfair competition cases it last week (November 22) the court, 360 of all the claims are met with the court rejected. In fact, unfair competition between the two companies dispute the court’s conclusion has been: 360 lost. 360 the same day the court dismissed all the claims, making 360 against unfair competition, the continuity of history, to eight-game losing streak.
December 21, 360 Jinshan prosecution of unfair competition, Kingsoft product to prevent damage to the installation and 360 products, and mountain safety slander 360 articles published goodwill. Now the Beijing First Intermediate People’s Court verdict on the case and sentenced to 360′s claim is not factual and legal basis for the court not support, dismissed all the claims 360. The focus of the case Jinshan network shield and 360 security guards of similar products competitive behavior. On this dispute, was first indicted Jinshan network 360, and has received final court decision.
According to Kingsoft, said the network, which dates back to late May 2010, 360 security guards forced the implementation of the uninstall shield Jinshan, unfair competition and other malicious tools are not compatible, so at that time in 8000 million users of the network shield Jinshan rapid drop, with 300 million users by the end of the 360 ??security guards killed. May 31, 2010, 360 Jinshan formally charged unfair competition.
late October this year, the Beijing Higher People’s Court of Final Appeal ruling on the case for, 360 against. According to the court, 360 must immediately stop publishing false information, including, Kingsoft deliberate slander, malicious mislead the user, forcibly uninstall the Jinshan network shield and all acts of unfair competition, published to eliminate the adverse effects of Kingsoft statement to Kingsoft compensation for economic losses of $ 350,000.
that someone joked, 360 seems to have become a “case households”, even “losing specialized households.” But so far, although repeated unsuccessful, 360 has never been a public apology in accordance with legal judgments.
why the 360 ??repeat offenders lawsuit, keep on fighting? Jincheng with the law firm senior partner Yong Wang analysis, although losing 360 times, but the amount of compensation, there are few cases of more than $ 500,000. Rely on low paid against the cost of innovation in the industry as a malicious hit and grab market share means 360 to the rapid expansion of market share, revenues are growing rapidly in the order of ten million U.S. dollars. Costs and benefits of illegal illegal in the extreme disparity in the case of unfair competition has become a routine means 360 profit.
“well-known Chinese Internet fierce competition, combined with lack of rules, the absence of supervision, resulting in unfair competition, the Internet became the hardest hit. “Beijing Bryan Law Firm lawyers in its micro-Bo Wang Fu has said that 360 companies involved in unfair competition litigation is the largest Internet companies, often under the guise of unfair competition to stir up the name of security incidents: Today intercept Baidu, tomorrow, “Exposure” QQ invasion of privacy, the day after tomorrow uninstall Jinshan … almost all of the 360 ??lawsuits have ended in failure.
“from the counter to see, the pace of justice never stopped, but accompanied with the lost, is moving rapidly exploiting the boundary 360, the stock market, cashing in overflow . Miracle or a paradox? “Wang Fu said.
Wang Fu think, unfair competition has become an obstacle to the healthy development of China’s great stumbling block to the Internet. If a company repeatedly for breaking the bottom line, break the rules and profit, without any administrative penalties, civil sanctions are pointless; if you abide by the guidelines of the company is always hurt and lack of timely and adequate relief, then the virtual Internet The world will only be another dangerous rivers and lakes.
Wang Fu proposed rules of the game must be fair, competitive bottom line must be clear and punishment mechanism must be sound. Otherwise, the domestic Internet companies of unfair competition between the wild wind will prevail. (Chao Lei)