3Q War sequel: Litigation claims nearly 300 million yuan in the entrepreneurial record

Two years after the end of the 3Q war, Tencent reached a climax with the 360 judicial war. In April this year, 360 companies to Tencent abuse of market dominance by the claim 150 million, September 18, Tencent v. 360 "buckle bodyguard" suspected of unfair competition case will also be held in Guangdong High Court, Tencent to 360 claims economic losses of 125 million yuan. In this way, both sides of the lawsuit claim reached 275 million yuan, the highest target of domestic internet litigation.

It is understood that the Tencent's prosecution is against the previous 360 to Tencent to bring antitrust lawsuits. Prior to this, Qihoo 360 request the Guangdong High Court ordered Tencent immediately stop abusing the market position, stop the implementation of QQ software users should not deal with the plaintiff and bundle of security products such as tying. And this Tencent v. 360 Buckle buckle Bodyguard Unfair competition case, request 360 stop development, spread "360 buckle bodyguard" and related software, more request 360 compensation economic loss 125 million yuan, at the same time request it through a variety of ways to apologize to Tencent, eliminate the impact.

According to Tencent's indictment, October 29, 2010, Tencent found 360 through its operation of the www.360.cn website to provide users with "360 buckle bodyguard" software download, and through a variety of ways to promote publicity. "360 buckle Bodyguard" directly for Tencent QQ Software, claiming to have "to QQ physical examination", "help qq Acceleration", "clear qq garbage", "to QQ ads", "Kill QQ Trojan", "protect QQ Security" and "privacy protection" and other functional modules.

Tencent filed a complaint that the software claimed to have a medical examination for QQ, help QQ acceleration, QQ garbage and other functions, "the essence is to protect the interests of users banner, slander, destroy and tamper with Tencent QQ software function, at the same time through false propaganda, encourage and induce users to delete QQ software value-added services Plug-ins, shielding the plaintiff's customer ads, At the same time, its products and services embedded in the plaintiff's QQ software interface, the opportunity to publicize and promote their products.

In response, 360, said the buckle bodyguard is an innovative tool software, QQ is not involved in the core chat function, will not touch the user's QQ account password and chat records, etc., on the contrary, the buckle bodyguard will greatly improve QQ account number, password, chat record security level, buckle buckle bodyguard All behavior is the user initiative click Trigger, To enhance the user experience in the use of the software, buckle guard full respect for the user's choice of rights.

In addition, Tencent believes that 360 of unfair competition behavior reduces Tencent's value-added business trading opportunities and advertising revenue, resulting in incalculable losses, claiming the amount of compensation of 125 million yuan. However, Tencent's claim that the brand damage line is still lack of strong evidence, Tencent Law ministry in mid-September to the media, Tencent has commissioned other agencies, Tencent advertising, value-added services, such as damage to the value of the assessment, will be before the court to submit a new conclusion.

360 aspects of this quality certificate is completely rejected, that its so-called hundreds of millions of yuan loss is "inconceivable, completely contrary to the objective facts and professional ethics." According to the 2003 China Instant Messaging Research report, "more than 50% of users do not accept or are unwilling to accept the ads in the Instant messaging software", buckle The bodyguard is fully in line with the legitimate interests of consumption, the international similar tools and software products, tool software is the industry normal, does not violate the recognized business ethics. "

Both sides of the lawsuit claim of nearly 300 million yuan, not only set the highest record of domestic internet litigation, it also has a "3Q war sequel" and including the Chinese Internet "antitrust first case" concept, which caused widespread concern in the industry.