Lawyer says 360 alleged infringement
August 2012, 360 search on the line soon after, that is, the violation of international trade rules of the industry to deal with the agreement, forcibly crawl Baidu's Web site Baidu know, Baidu Encyclopedia, Baidu Bar, Baidu Travel and other content, triggering the serious protests including Baidu.
Baidu related people, 360 search in the Baidu robots text, has not been 360 crawler written in the case, the violation of the content of the protocol, the mandatory Baidu to know, Baidu Wikipedia and other Baidu site content to crawl.
Baidu Company believes that the behavior of Qihoo 360 violates the international rules of the industry, ignoring the rights of Baidu and technical measures, illegal crawl, copy Baidu site content, directly to the Internet to provide users with snapshots, serious infringement of the legitimate rights and interests of Baidu, constituted an unfair competition. Baidu Company then will Qihoo 360 to Beijing, the first Intermediate People's Court, the case was formally filed on February 23 this year.
Robot protocol, also known as Robotics Protocol or reptile protocol, the agreement on search engine crawl site content of the scope of the contract, including whether the site wants to be crawled by search engines, which content is not allowed to be crawled, the web crawler "consciously" crawl or not crawl the content of the Web page.
Famous intellectual property lawyer Zhao occupation of Chengdu Business newspaper reporter said, 360 using technical means to avoid Baidu set the copyright protection measures, without permission to crawl and copy the relevant product pages, suspected of copyright infringement; 360 through the covert access to the source and other technology to circumvent the Baidu set of protection measures, crawl without permission, Is suspected of unfair competition.
360 claims the counterclaim Baidu has filed
In response to Baidu's lawsuit, 360 of related people told reporters yesterday that the robots agreement was a technical measure to provide computer interactive services, not a mandatory standard or "agreement" on legal concepts.
The purpose of the Robots protocol was to search engines for more efficient indexing to content pages and to provide them to users.
"Baidu sued 360 companies in violation of the robots agreement, which is a misuse of the protocol to suppress competitors." Baidu and the 360 dispute, not two search engine competition. But Baidu will know Baidu, Baidu Bar, Baidu Library, etc. by the user to create the content page of the relevant rights and interests, and set discriminatory provisions, a separate rejection of 360 search index. "The person said.
360 related people also said that Baidu also use "forced to jump" and other technical means, continued malicious blocking the use of 360 search engine users access. "We have sued and claimed $400 million in the court and have obtained a court case." ”
Self-discipline Convention is not binding
Last year, in the Ministry of Industry under the Chinese Internet Association, Baidu, 360, Sogou, Instant Search, and other 12 search enterprises in Beijing signed the "Internet search engine service self-discipline Convention" to constrain the search enterprise competition. "300 war" also to settle the end, such as Baidu accused of 360 "malicious crawl", 360 accused Baidu "limit competition" and other "300 war" focus issues, the Convention has a clear agreement.
According to the convention originally signed, "Internet site owners to set up a protocol should follow the principle of fair, open and promote the free flow of information, do not use the robots agreement to conduct unfair competition." "" "for the disclosure of the Convention before the publication of the content of the violation of the robots agreement, in the receipt of the right to comply with the legal provisions of the notice, timely Delete, disconnect infringement links, and strive to maintain a healthy and orderly network environment. ”
"The convention to Baidu and 360来 said is a step, but binding is not strong", the original Yahoo China general manager, well-known it commentator Xie.