Liu Jia Zhang Wei
yesterday morning in the Internet Conference, when Qihoo 360 CEO Zhou Hongyi talked about its success in bidding for the 91 wireless in the process of bidding, a Baidu Inc v. unfair competition case 360 second trial is the Beijing Municipal Higher People’s court eleventh court.
the above case stems from 360 for Baidu search engine malicious malicious web site links to the tagging tips. Earlier, the Beijing intermediate people’s court made the first instance verdict, that 360 constitute unfair competition, fined $360 compensation Baidu Inc $450 thousand. However, 360 of the facts that the judgment is unclear, insufficient evidence, illegal procedures, filed an appeal.
in yesterday’s trial, the two sides mainly carried out the exchange of evidence and testimony, because the appeal court submitted a number of new evidence, the appellee therefore requested an extension of cross examination, the court adjourned for treatment, another day trial.
yesterday, special researcher at the China University of Political Science and Law Intellectual Property Center Zhao Zhanling told the "First Financial Daily reporters, the right to know and the right to choose the two major issues of concern to the case involving security software and user power boundary. He believes that the 360 trial was sentenced to lose, because a mark of Baidu search results is not real, and to promote their products; two is through the security guards in the field of security market dominance, deception and kidnapping users, hijacking search traffic. He predicted that the possibility of the second sentence is not high.
The core of the dispute between the two sides of the
is the plug gate".
yesterday trial debate was full of gunpowder. Qihoo lawyer said, 360 security guards, search results interface directly into the risk prompt identification is the international practice in Baidu, but this way is not to protect users, but also improve the Baidu search user experience. At the same time, this case also exposed the existence of domestic search engines pay search results and natural search results are not significant differences in the search results of fraud, illegal website links and other issues.
360 has one of the largest malicious URLs can be marked out to prevent Internet users deceived, but Baidu is very sensitive to the use of judicial proceedings continue to give us a lawsuit." Yesterday, Zhou Hongyi told the media that the foreign McAfee, Norton and other products have a malicious site marking function, while Baidu believes that 360 marks malicious results undermine the Baidu products.
Baidu Inc in the court reaffirmed its Qihoo 360 conducted a series of unfair competition and trademark infringement. Baidu aspects of the agent believes that the 360 security guards plug behavior is a whole, coherent acts of unfair competition, its objective performance and subjective purposes are serious. 360 purpose is to rely on Baidu search huge user resources, in order to promote the sale of the 360 security browser, site navigation, etc., are clearly free riding behavior, contrary to honesty