In The Perspective Of Rights And Interests Of Netizens-Analysis Tencent Sue JiHu Unfair Competition Case

The network freedom is not free lunch, it’s price is able to bear many worry about safety.On September27,2010, tencent company found that JiHu360company website homepageprovide to users the "360privacy protector" software for free download, the software is only forQQ2010software testing, after the end of the tencent "QQ2010software of common hard diskscan, qualitative as" infringement of user privacy "behavior. Moreover, JiHu360company alsoin their company website homepage published articles and speech, said tencent "QQ2010"software and user privacy has a long history. Tencent company think JiHu360companies thisact constitutes a slander goodwill, constitute the unfair competition. JiHu360the companyadmitted that in its website and the fact that the remarks, but "tencent QQ2010" does existscanning the user computer hard disk, and it is without user license, so "tencent QQ2010"software of the data gathering behavior, suspected of infringing the user’s privacy. And JiHucompany says,"360privacy protector" to the user to indicate, it is justified.In this case on November3,2010in Beijing chaoyang district court case, tecent companyJiHu360charges alleged unfair competition. Now, tecent company in its software to playwindow form issued by the so-called "difficult decision", buy the majority of Internet users in theinterests of this behavior is a part of the network in breach of contract responsibility, and as thenetwork user but we meat hand no policy, can not find the way to legal relief. For their ownrights and interests can heal. This case as3q war ammunition, also raises a lot of legal problems,whether the means of competition, the scale of the enterprise or industry, influence, created theInternet commercial struggle many records, of course, also caused the majority of Internet usersto anger, the "Japan and Russia war" type network war is the most direct victims do the mostinnocent Internet users, the serious harm to the network of public order, especially highlight thenetwork user’s rights and interests protection problems, mainly involves network service ofconsumer rights, network form contract rights, free software products, the privacy and personal information such as the personality rights, information property rights.This paper to tecent company v. JiHu360unfair competition cases as an example, the rightof privacy and the network form contract legal regulation as the Angle of view to discusses thecivil rights and interests of Internet users protection, analyze and find out the legal regulation ofthe necessity and possibility, and then put forward ideas and Suggestions.This case with socialinfluence into the great social attention, high, difficult trial, it is elected "2011peopleFaYuanBao" chosen "the people’s court ten typical case, the judge will result to the similar casetrial is of great significance.