Go homepage(回首页) Upload pictures (上传图片) Write articles (发文字帖)
The author:(作者)aaapublished in(发表于) 2014/7/19 7:30:54 Sogou 360 case of unfair competition litigation， the two sides are willing to mediate，
Sogou 360 case of unfair competition litigation, both sides to mediation sogou browser, 360 security guards, 360 antivirus, sogou, 360-IT information Sogou 360 case of unfair competition litigation, both sides are willing to mediate
On July 18, has attracted much attention in Beijing Beijing sogou sogou information services limited, qihoo accused Beijing science and technology science and technology development co, Ltd, qihoo 360 's software (Beijing) co unfair competition disputes today (18th) at the intermediate court in Xian City, Shaanxi Province, public hearing. Dog company to both defendants claim 45 million Yuan and 500,000 yuan of economic loss cases in costs, after a trial, the two sides expressed their willingness to mediate.
During the hearing, and sogou sogou information company technologies company claims: it is lawfully engaged in Internet technology services companies, " sogou browser " is the core of its self-developed software products. September 22, 2013, sogou information company and the sogou technology company found odd Tiger technology company, and odd Tiger 360 company through its operations of www.360.CN website to network user provides "360 Security defender" software, and "360 antivirus" software and "360 Security browser" software (odd Tiger technology company is above 3 a software of copyright people, odd Tiger 360 software company is above 3 a software of issued people) of download, in network user run "360 antivirus" Comprehensive scanning software and the "recommended repair" repair, without the Internet user's permission, the defendants automatically original sogou browser default settings to network users tampering with 360 safe browser to the default settings. Another, in network user in set sogou browser for default Shi, "360 Security defender" will play window tips "has program is modify default browser set", even network user click "allows modify", odd Tiger technology company, and odd Tiger 360 company also in without network user allows of situation Xia, will network user original of sogou browser of default set tampered with for 360 Security browser for default set. Plaintiffs submitted to the Court in support of its claim and the Court produce a notarial instrument and screenshots.
Sogou information company and the sogou technology company think: accused odd Tiger technology company, and odd Tiger 360 company of above behavior not only serious interference has plaintiffs sogou browser of normal run, also serious effects has network user on plaintiffs sogou browser service stability and security of evaluation, while, also great reduced has plaintiffs sogou browser of user flow, damage has plaintiffs based on sogou browser of advertising income and operations proceeds. That accused of above behavior to plaintiffs caused has huge of economic loss, while also great damage has plaintiffs of commercial reputation and merchandise reputation, violation has Internet industry recognized of commercial moral and fair competition, and honest credit of principles, not only damage has plaintiffs of lawful rights and interests of, also disrupt has Internet industry normal of competition order, so v to court, requests Decree accused: immediately stop involved not due competition behavior, including but not limited to stop using "360 antivirus" software tampered with sogou browser default set, stop using "360 security guards" sogou browser default settings software tampering; defendant on its Web site for a 1 month Home prominently on sites such as Sina, Sohu and NetEase Home prominently on its apology to the plaintiff acts of unfair competition, eliminating impact jointly and severally liable to compensate the plaintiff RMB 45 million yuan of economic loss; jointly and severally liable to compensate the plaintiff for reasonable expenses incurred in the case of 500,000 yuan.
Chi Tiger technology company, software company qihoo argued that plaintiffs ' allegations and sogou sogou information company technologies company based on insufficient, in the plaintiff's SougouExplorer.exe changes to the system developed by successful cases, validation is modified to become the default browser security browser 360 there own errors and browser sogou sogou browser security browser 360 initiative be modified to two possible explanations for the default browser. Notarial certificate submitted by the plaintiffs fail to prove the defendants to modify the default browser to the 360 Security browser, the same can not prove that the defendant 360 antivirus software prevents users from sogou browser is set as the default Web browser and security browser 360 tampered with the default browser settings. In sogou browser itself that for default browser of situation Xia, again repeatedly for default set, this operation way for non-General operation, general user so operation of chances very low even no, cannot because a special environment Xia of once special operation, on finds accused of behavior is for plaintiffs of not due competition behavior; second, in plaintiffs will default browser set modify for sogou browser Shi, by validation has modify success, but sogou browser himself is repeatedly play window tips set failed, This proved its sogou browser error 360 antivirus software as antivirus tool, its primary function is the find system errors, fix system errors, in the case of sogou browser itself there is an error, user by selecting repair 360 antivirus software, restoring system defaults, the defendant's conduct was misconduct and was not aimed at plaintiff's acts of unfair competition;
In the nearly 3-hour trial, through a court investigation and debate, the defendant presented their arguments on both sides presented their evidence and cross-examination in court.
After final statements the parties at trial, the presiding judge told the parties: "the ultimate aim of the Court is mediating, promoting harmonious development of society. The plaintiff and the defendant are well-known Internet companies, competitors may also become partners, voluntary, legal principles and strive for win-win cooperation between the two sides, the Court gave both sides provide opportunities for court mediation is encouraged under court mediation or conciliation of the parties. " Both parties said in court, "mediation".
The case according to law and mediation efforts of the Tribunal, trials will continue.
After the Xian intermediate people's Court on September 25, 2013, the admissibility of the case, software company qihoo technology companies, qihoo during the time limit for filing objections to the jurisdiction of the case, rejected by the Xian intermediate people's Court ruled on November 18, 2013 Chi Tiger technology company, software company qihoo's objection to the jurisdiction. Software company qihoo technology companies, qihoo is not satisfied with the decision, to appeal, after review, the Shaanxi Provincial higher people's Court rejected appeals, upheld the ruling.
赞