360 back to the Supreme Court sentence: worry about the company's space squeeze

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Sina Science and technology news February 24 afternoon, Qihoo above the Tencent monopoly case, the Supreme People's Court dismissed Qihoo 360 appeal, maintain the first instance of the original verdict. 360 The open letter said that the fear of the verdict will likely encourage Tencent to further abuse market position, start-up companies will be weakened innovation, entrepreneurial space will be further squeezed.

The following is the full text of the letter:

Tencent plagiarism 360 security guards, and bundled QQ computer Butler, ignited the 3Q war. November 3, 2010 afternoon Tencent made "difficult decision", forcing all QQ users to delete the computer 360 software, this is the famous "two Select one" event. Subsequently, Tencent will "two choose one" behavior blamed on 360 buckle bodyguard. In fact, 360 buckle buckle bodyguard is a help users better manage QQ tool software. However, Tencent set up the results of the Ministry of Mediation in disregard of the 360 launched a whopping 120 million yuan of sky-high litigation. More than three years later, the user-welcomed tool software triggered the lawsuit finally settled. February 24 The Supreme People's Court to make a final decision on the case, we regret that 360 buckle bodyguard was identified as infringement.

From 360 buckle buckle bodyguard development line, to today's final judgment, altogether experienced 1210 days. In this long period of time, for those who care about and support 360 of users, we sincerely say: Thank you!

As corporate citizens, we respect the Supreme Court's decision. But today, for the continued innovation of the entire Internet industry, we have a few words to say for many entrepreneurs to move forward:

First, startups have a huge fear of Tencent, the industry's best-known king of Shanzhai, because Tencent is not only copying others, but also bundling software on a large scale.

Since the beginning of 2010, Tencent has targeted the plagiarism target to 360 security guards and forced binding on its huge QQ users. Startups are not afraid of Tencent plagiarism, but the fear of Tencent after the large bundle of plagiarism. We do everything possible to avoid head-on confrontation with Tencent. We spoke to Tencent's top brass, pointing out that Tencent's plagiarism was unfairly tied to 360 of startups. We have also considered the legal means to prevent Tencent's "plagiarism + bundling" behavior. However, in the Internet real world, by Tencent's "plagiarism + bundle" means the death of the body of the start-up companies abound, which itself has been self-evident.

Here, we to the entire Internet industry, the entire legal profession to raise such a question: like Tencent to use their own abundant resources, the use of "plagiarism + bundle" means to squeeze the development of the start-up company space, cut off the survival of the entrepreneurial road, start-up companies should do?

Second, to modify the software in their own computers, is the user's right of course. The existing law needs to keep up with the times in protecting the rights of users. As a Third-party tool, users have the right to use 360 buckle security guards to modify their computer downloaded QQ software.

Any software that simply downloads to the user's computer becomes the user's private property. With Microsoft Windows installed, users have the right to use a variety of third-party tools to modify window. Similarly, the user downloads Tencent QQ software, also has the right to use the third party software to the Tencent QQ to modify. For users, the 360 buckle security is a third-party software. Similarly, 360 has never objected to Tencent developing Third-party tools to modify 360.

Users do not know the situation, Tencent QQ scan users computer hard disk, Tencent QQ forced to play windows, can not shut down, Tencent QQ mandatory bundled with a variety of software; These are the user's right to know and the right to choose the contempt and trampling. The user uses the third party tool 360 buckles The bodyguard to own computer's QQ software to revise, this is the user inalienable right. The current legal framework, which excludes the rights of users in case trials, explains that the legal framework for the Internet needs to keep pace with the protection of users ' rights.

Third, we are concerned that the verdict will likely encourage Tencent to abuse its market position further, and that the entrepreneurial innovation drive will be weakened, and that the viability of the start-up company will be further squeezed.

Any start-up company development to a certain stage, will inevitably encounter Tencent "plagiarism + bundle" of "cement ceiling." Under the extrusion of the ceiling, China's internet has been the innovation of desertification, China's internet industry has been a monopoly phenomenon, in some areas of the Internet, has been from the stage of monopolistic competition, and gradually entered the stage of oligopoly. From the point of view of market concentration, instant messaging and search is the most obvious, respectively, Tencent and Baidu led the stable oligopoly market.

In the presence of powerful monopolies, startups are vulnerable groups. If the existing legal framework fails to provide enough support for start-ups to counterbalance the monopoly giants, the result will be a tilt in the law to the Internet giants with more powerful resources. Although everyone is equal before the law, equality should be based on justice. In the internet giant's lawsuit against startups, the law should listen more to the sound of startups.

This is the reason why 360 insist on the antitrust lawsuit against Tencent.

360 adhere to the supremacy of users, it is because of this, in Tencent, Baidu and other internet giants monopoly environment, to obtain the survival and development of space. 2010, 360 faced with the squeeze of Tencent monopoly giants, users faced by Tencent deprived of the right to know and the right to choose, 360 buckle bodyguard as a third-party tool, although not the most perfect, but this is the inevitable choice for us to fight for the survival of the entrepreneurial company!