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Qihoo 360 Technology Co. Ltd. Message Board

  • t130152 t130152 Feb 21, 2013 1:14 PM Flag

    Baidu unsuccessful negotiations to the 360 ​​claims 100 million yuan Pretrial mediation

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    Baidu unsuccessful negotiations to the 360 ​​claims 100 million yuan Pretrial mediation
    2013-02-21 01:51:37 Source: First Financial Daily (Shanghai) 808
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    Just past 2012, Qihoo 360 and Baidu, Tencent, turns to the interpretation of the the "3B Wars" and "3Q war.

    "First Financial Daily" reporters yesterday from the Beijing First Intermediate People's Court (hereinafter referred to as the "Beijing First Intermediate People's Court") learned 3B war ", that a new round of litigation between 360 and Baidu has just begun.

    February 8, a Beijing court case acceptance notice served Baidu and 360 respectively. 360 "contrary to international trade rules, and neglect the of Baidu rights declarations and technical measures, illegal crawl copy Baidu website content directly to Internet users in the form of a snapshot, seriously infringed upon the legitimate rights and interests of Baidu Baidu alleged, it is to 360 claims for 100 million yuan.

    A need to consciously abide by the agreement

    The so-called "international trade rules" refers the "Robots Agreement, also known as robot agreement, the of reptiles agreement or reptiles rules, the content is agreed the scope of the search engines to crawl the site content, including site search engine if you want to be caught take what is not allowed to be crawled the Web crawler accordingly automatically crawl or not to crawl the web content.

    Industry experts pointed out that the agreement is not a domestic legal statutes or regulations, nor is it mandatory binding norms in the international commercial law, just the website the Internet community the prevailing code of ethics, which aims to protect the website data and sensitive information, to ensure that users' personal information and privacy will not be violated. Due not command, so the need for search engine voluntary compliance.

    It was the image of this agreement metaphor for the prompt card of the hotel room, not crawl the site content prompt card for the "Do Not Disturb"; "clean", said the default is allowed to crawl The website content.

    Baidu said the Robots text set not allowed 360 reptiles enter, and 360 reptile remains to crawl the Baidu website content "Baidu know", "Baidu Encyclopedia, 360 violation" Robots agreement.

    360 relevant person in charge of an interview with reporters, said Robots the protocols are the website guidance reptiles bona fide tips txt file, and make prompt for reptiles. It is not a regulation or standard, nor is it clear contractual rights and obligations of the contract, there is no violation does not violate the problem. Baidu pictures, music, maps and other vertical class search can not become the object of protection of the Copyright Act, Baidu Baidu Encyclopedia, Baidu know the site content is not entitled to copyright, this information is created and uploaded by the users, the copyright should belong to upload users, rather than Baidu.

    The 360 ​​relevant person in charge at the same time that Baidu as the industry threshold limit entrants to engage in fair competition, on suspicion of violation of the antitrust laws.

    Baidu responsible admit these facts, but refused to make further response.

    Baidu and 360 have the above-mentioned problems, respectively, to the Ministry of Industry and copyright management department in Beijing did report. Telecom Regulatory Authority of the Ministry of Industry and also interviews with the two companies on August 31, 2012, requires that both parties shall not create disturbances things magnify; may not do the things to the detriment of the netizens interests, to cease all technical means; stop public opinion attack, each delete offensive remarks.

    Before the Beijing First Intermediate People's Court formally accepted the case, the two sides have carried out a pre-trial mediation, the insider said, to look at the current situation, both sides of unsuccessful negotiations, the only court.

    The force of law lack

    The "Robots Agreement in China long practice.

    September 8, 2008, Taobao through "Robots agreement, Baidu crawling its pages content is prohibited, Baidu stop Taobao page crawl. November 2011, Jingdong Mall, Suning Tesco, Dangdang and other independent B2C basis for the "Robots agreement to terminate the search engine" Amoy "crawling its platform data.

    In early November 2012, under the lead of the Internet Society of China, the Internet companies including Baidu, Sina, Qihoo 360, including 12 signed by the Internet search engine service and self-discipline Convention, commitment to "follow the international industry practice and business rules to comply with the the robot agreement (Robots Protocol) "and" to limit the search engine crawlers should be industry recognized reasonable justification for the use of robots agreement for acts of unfair competition. "

    The Robots of binding of course, is limited to self-discipline, mandatory, does not mean to say that it reflects the spirit behind no legal basis, the Secretary-General of the Research Center of the Chinese Academy of Social Sciences Information jiangqiping think. Electronic privacy law in the United States provides that "the decision to the consumer, let it effectively to authorize or deny others collect and use of personal information", is to be seen to comply with the rules to comply with fair competition, not coercive power can not fair competition.

    Supreme People's Court in intellectual property cases in 2010 Annual Report (Summary) ", has the Anti-Unfair Competition Law" stipulates that the operators in a market transaction, should follow voluntariness, equality, fairness, honesty credibility, and observe generally recognized business ethics "to make an explanation that meet the following three conditions is a violation of the acts of unfair competition: the law of the competitive behavior of business ethics is not to make special provisions; make other operators legitimate rights and interests are really the competitive behavior by the actual damage; wrongness or to be blamed of the competitive behavior indeed in violation of the principle of good faith and accepted business ethics.

    Jiangqiping that lead to undesirable consequences for bickering avoid the search engine industry, government departments should actively as the improvement of legislation, to draw on the administrative, legal means to stop acts of unfair competition. He suggested that the search engine industry rules and policies and regulations urgent need to develop, and that "the government in the formulation of policies and regulations, standing in the healthy development of the Internet industry and the development of personal information, to protect the overall height, Robots agreement included in the binding force Terms and strengthen supervision

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