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Why Do Tencent And 360 Dare To Ignore The Interests Of The People In The Commercial Competition?

2010/11/6 10:23:00 137

Tencent 360 Commercial Competition

User choice is denied.


During the war,

Tencent and 360

They all shouted to appeal to the other side.

In November 3rd, the people's Court of Chaoyang District, Beijing, formally filed a case against Tencent against 360 unfair competition.

"We should pay more attention to and discuss how Tencent and 360 dare to compete in business competition.

Public rights and interests

Regardless? "


For the behavior of "window" popping up continuously, the researcher of Beijing University of Posts and Telecommunications network law research center, Liu De Liang, pointed out that this situation is not limited to the software provided by Tencent and 360, but exists widely. "If the window is popped out, if it is not based on contractual agreement or reasonable hint, such as upgrading hints, it will be equivalent to junk information intrusion into the user's computer system and encroach on the public's right to know and to choose".


As for Tencent's "two election one" behavior, the experts interviewed generally believe that this action has violated the basic rights and interests of the people, and the public can take action in accordance with contract law and consumer rights protection law.


Liu Junhai, a professor at Renmin University of China law school, said that although the software provided by Tencent and 360 does not charge users, it is a specific kind of software.

business model

By gathering users to attract advertisements, users actually pay indirect consideration, so the majority of users are consumers.

The Tencent deliberately creates technical barriers that force consumers to "choose two", which is a violation of consumers' right to choose.


You min key suggested that users would sign an agreement when installing QQ. Tencent should ensure that users normally use QQ, not to mention that many users have spent the value added services of QQ. "Tencent has suspended or cancelled QQ services for alleged breach of contract, and users can directly sue".


Of course, some experts also pointed out that the 360 "buckle bodyguards" objectively helped users to delete the QQ plug-in. According to the contract law, it would help users to default. It may cause losses to Tencent. Tencent can sue the court accordingly, but it can not prevent users from using 360 in disguise.


Wu Weiguang, an associate professor of law school at Tsinghua University, believes that the majority of users not only have the freedom to choose whether to use QQ or 360, but also have the freedom of plug-ins such as advertisements for QQ to choose from, that is, users have the right to delete QQ plug-ins, even though there are agreements before.

"For consumers, contractual relationship must be protected by compulsory law because consumers are on the weak side."


No matter what the outcome is, experts say that Tencent and the 360 World War reflect that the social responsibility and business ethics of Internet related service providers are far from keeping pace with their development. The majority of users are just "fish" in the process of realizing their commercial value, which is enough to arouse the attention and reflection of the whole industry.


Netizens view


Between Tencent and 360, it is no longer a competition, but a threat to users. Internet companies should compete fairly, and not force users and users.


With the "privacy protection" reason, Tencent and 360 try to smear all kinds of "moral sense of responsibility" for themselves, but in fact, they often obey their more covert commercial interests and cover up their unstoppable business motives.


The dispute between Tencent and 360 is becoming more and more intense. Now it has developed to the point of kidnapping users as chips. This shows that our network environment has come to the point that laws and regulations must be promulgated to regulate. For users who are harming the interests of users, we should not only compensate users, but also bear other corresponding legal responsibilities.

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