Monday, August 2, 2010

8848 tort compensation of the companies set up 1.16 million and made an apology

Year-long national "rogue software" --- the first case, "Baidu, Sohu, in the case of search plug-in v. 8848" finally the High Court of Final Appeal ruling in Beijing under a stop. Recently, the Beijing Morning Post High Court confirmed that the hospital has been made final, decree 8848 companies to immediately stop using the "search assistant" (English name MySearch) on Baidu, Sohu, China and three Chinese search engine, found violations, to Baidu, Sohu, China and found the compensation for economic losses 500,000, 550,000, 110,000, and its Web site home page location to the various public apology.

"Search Assistant" is the 8848 site in December 2004 to provide Internet users a free download search software, website promotion 8848, said that the software can help users more easily search the web. However, soon introduced, it was Baidu, Zhongsou, Sohu and other domestic sites have several major search engines to court.

Three search engines to install the software after users complained of, the original search results page is modified, the user will find the search results page structure and content was modified, and the emergence of 8848 insert the ads, images and other links. Sohu said, according to the installation of "search assistant" of Internet users use the "Sohu" search, the pages have risen by more than Google and other search engines, links, and the system is running slow, the page will appear with the search topic irrelevant miniature graphics, which caused dissatisfaction Sohu advertisers. The user if you want to uninstall the software must also be professional and technical personnel, are usually normal in terms of software, ranging between the virus and the "rogue software."

After trial, the Beijing First Intermediate People's Court accepted the prosecution and three reasons for Baidu, and last year in December 8848 to stop infringement of First Instance ruling, decision 8848 to Baidu, Sohu, China and found the compensation for economic losses 500,000, 550,000, 110,000 . 8848 Appeal, non-payment of compensation, and appeal.

During the trial, the 8848 companies that "search assistant" is only a secondary search engine software, search results page after the installation is different is to make it easier for users to find information more quickly, add a similar picture in picture function there is no copyright infringement.

Meanwhile, 8848 also stated that "search assistant" is provided free of charge to users, customers may voluntarily choose to install the software. The software not only did not damage the interests of the plaintiff, but also enhances the function of search engines plaintiff is a mutual benefit and win-win behavior. In addition, they did not pass the "search assistant" Publish any advertising, so there is no unfair competition.

Beijing High Court of Final Appeal that the defendant unauthorized use of the "Search Assistant" software, resulting in the Baidu page on your visitors can easily visit the 8848 website and the websites, easy to lead or take away the search engine Baidu and other visitors at the same time easily lead to the site system running slow, constitute unfair competition in the several companies, so to maintain the first instance ruling.

As the domestic Internet industry, "rogue software" flooding, not only reduces the user's "surfing experience" will be in the user's knowledge of the case, the harm to the user, so the case has caused uproar in the domestic Internet, but also been recognized as national "rogue software" the first case. Well-known anti-virus software company Kingsoft has also recently published "Network Security Report 2005," said the rogue software harm even beyond the traditional virus, becoming the biggest threat to Internet security.

The industry believes that this decision has important significance of the demonstration, from the law explicitly states that "rogue software" of the offense, also called on more companies and individuals to stand up and sue "rogue software" and use legal means to protect their own interests.

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