8848 rogue software infringement to set up three giant Pi Panpei 1160000
2001 continued the country "rogue software" in the first - "Baidu, Sohu, in 8848 found v. plug-in" was in Beijing the High Court of Final Appeal ruling put a stop. To the Beijing Morning Post reporter recently the High Court confirmed that the Hospitals have been made before final judgement, decree 8848 immediately stop using the "search assistant" (English name MySearch) for Baidu, Sohu, found in the Chinese search engine, such as three violations, to Baidu, Sohu, found in the compensation of economic losses 500000 , 550000, 110000, and at its Home location of the individual to apologize publicly.
"Search Assistant" is the 8848 site in December 2004 to provide Internet users to download a free search software, the 8848 site in the promotion, said, the software can help people more easily search the Web. But launched soon, it was Baidu , In the seizure, Sohu and other major domestic search engine sites have been to court.
3 Internet search engine Su Chen install the software after its original search results page has been changed, users will find that its search results page of the structure and content be modified, and in 8848 inserted ads, image and other links. According to Sohu That the installation of a "search assistant" in the use of the Internet users, "Sohu" search, the page has increased by more than a search engine such as Google links, and the system is running slowly, on the page will appear with the search topic irrelevant miniature graphics This has aroused the dissatisfaction Sohu advertisers. And if the user to uninstall the software also must pass professional and technical personnel, is usually the case between normal virus software and software between the "rogue software."
The trial, the Beijing No. 1 Intermediate People's Court approved the prosecution of three Baidu, and other reasons, and last December of first instance ordered to stop infringing 8848, 8848 verdict to Baidu, Sohu, found in the compensation of economic losses 500000, 550000, 110000 .8848 Against judgements, to pay compensation and filed an appeal.
In the trial, the 8848 companies that "search assistant" is only an auxiliary of the search engine software, after the installation of search results pages is different is to enable more efficient and more convenient for users to search information, adding a similar picture-in-picture function, There is no copyright infringement.
At the same time, 8848 also stated that "search assistant" to the user is provided free of charge, customers can voluntarily choose to install the software. The software did not damage the plaintiff's interests, but also strengthened the functions of the plaintiff search engine, is a mutually beneficial win-win Behavior. In addition, they did not pass the "search assistant" publish any ads, so there is no unfair competition.
Beijing High Court of Final Appeal that the defendant unauthorized use of "search assistant" software, resulting in Baidu page visitors can easily visit by the 8848 site and its link to sites, or taken away easily guide the search engine Baidu and other visitors , And easily lead to the site the system is running slowly, a few of the company's unfair competition, the maintenance of the first-instance judgement.
As the domestic Internet industry in the "rogue software" rampant, not only reduced the user's "surfing experience" and will be in full knowledge of the users, bringing harm to the user, so the case has caused a great uproar in the domestic Internet, China is recognized as "rogue software" in the first. Renowned domestic enterprises Jinshan antivirus software company also recently released "2005 Network security report" that rogue software or even go beyond the traditional against the virus, becoming the biggest threat to Internet security.
The industry believes that this ruling has important significance of the demonstration, from the law has clearly defined "rogue software" of the offence, also called on more companies and individuals to stand up prosecution of "rogue software" and using legal means to protect their own interests.
Tags: 1160000, giant, infringement, Panpei, rogue, software, three