360 Search whether infringement has yet to be verified

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August 16, 360 launched its own comprehensive search engine, with the end of the browser quickly occupied a considerable portion of the search market share, its performance on the search traffic has been known as the second largest search engine. However, if we pay attention to the search results of 360 comprehensive search, it is obvious that it is really a comprehensive search engine, search results content, basically from other search engines, even news, pictures, maps, etc. are still from Baidu, Google, Sogou provided. This seems to be a lot of simple and easy to save, but is there any concern about infringement?

1, the law does not specify the major search engine quite helpless

360 of the comprehensive search involves the infringement of its search results refer to the major search engines, is the search results of the crawl integration, and now there is no specific legal provisions to put forward similar "do not allow other sites to crawl their own site" argument, And the major search engines for this kind of crawling comprehensive information is also quite helpless, because this is simply "impossible", perhaps more technical than cattle can also use a bit of technical means to prevent a certain spider crawl data collection, but may receive little effect.

Not only does it not have such a domestic law, nor does it have similar regulations abroad. For example, the 2003 Intel Corp. Hamidi case involved tort issues in the case of Intel claiming that these communications constituted unlawful intrusion into movable property under California law. The trial court agreed and instructed Hamidi to send more emails. Hamidi appealed his decision to the court and confirmed the decision of the trial court. California State The Supreme Court, the vote passed 4-3 reversals. The court's decision was significant because the common law invaded the claim court refused to extend the case to the computer without actual loss.

2, replicable profit model is the culprit

Web crawler is really difficult to get the site itself to be crawled by the interests of the damage, even if it is insignificant, the most is to allow the server to increase the burden of the need to update the new server and technology service costs, here the impact is mainly in the replicable profit model: Search results show advertising mode.

We all know that search engines are based on their pages of advertising links and then to achieve profitability, if 360 with browser advantage, will be the integration of major search engine results, in the user did not enter other sites let searchers get high-quality search results, it will make Baidu and Google these companies property rights and interests suffered certain damage. The search engine can bring the amount of traffic to the site will directly determine the search engine advertisers are willing to pay the amount of money, but also determine the search engine can rely on advertising to obtain the amount of income.

But the search engine's profit model is the easiest to replicate, as long as there is a certain user base, similar to 360 and Sogou, the introduction of such search queries, can get traffic and advertising revenue will indeed be very considerable. If other search engines want to reduce their losses, they may need to innovate in a profit model and be more diligent in their already profitable models.

3, 360 search infringement has yet to be verified

360 may be in the eyes of some people have infringed, but how to determine whether the real infringement has yet to be verified, the law is for evidence, and there is no way to prove that the 360 direct search for Baidu and Google's property or other legal rights have been damaged. Baidu and Google to prove their loss is also quite difficult, need to calculate the 360 of the comprehensive search to take away their own amount of traffic, and these flows away how much revenue. In particular, a large amount of data is needed to prove that 360 has moved its data into use, or tracked those sources.

Here we can Baidu, Google and other search engine results as copyright, a writer wrote a book, someone changed the book's original author name, it is illegal.

In short, 360 still need to study a good set of algorithms, iron to their own hard, although said 360 for the domestic largest search engine is too far away, but if able to provide users with a better search experience, then seize part of the share of Baidu, one after another to become the second largest search engine in China. If only simple integration of other people's search results, long-term development will have a lot of hidden dangers, even more legal issues involved. and Baidu and Google and other search engines, will not easily ignore the problem.

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