360 Was Found Constitution of Unfair Competition with a 400,000-yuan Compensation

17:21, May 10, 2011        

The case "QQ vs 360" sees new progress. Recently, the court of Chaoyang District, Beijing issued the verdict of first instance, finding 360 constituted unfair competition, ordered Beijing Qihu and other two companies to stop the issue of "360 Privacy Protection Software V1.0BETA", eliminate the effects for 30 consecutive days and compensate Tencent 40,000 yuan.

  Tencent's agent said that the scan of "QQ Computer Manager" to the hard disk was to kill Trojans, no data were uploaded and there was no violation of users’ privacy, thus 360’s prompt to the users was malicious. However, Beijing Qihu and other two agents claimed that "360 Security Guard" and "QQ Computer Manager" were direct competitors, so Tencent’s scan of the hard disk was to check whether the user installed any competitive software.

  After investigation, the court held that the prompt of the "360 Privacy Protection Software” damaged Tencent's competitive advantage through the fabricating facts it publicized.

  The Court also identified that in the interface words of "360 Privacy Protection Software" and 360 Security Center, 360 Forum in the 360 website and other pages, there still existed such evaluation and statement as “spy of QQ software", which were untrue fabricating statements of the fact with a clear intention of unfair competition, undermining the commercial credibility and reputation of Tencent, thus constituting a commercial defamation.

  By IP Channel of People's Daily Online

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