November 26 Afternoon news, Beijing, the first Intermediate People's Court this afternoon issued a notice, the formal acceptance of Beijing Qi Tiger Technology Co., Ltd., CHI-Wisdom Software (Beijing) Co., Ltd. Beijing Baidu Network Technology Co., Ltd., Baidu Online Network Technology (Beijing) Co., Ltd. unfair competition dispute case.
Beijing Qi Hu Technology Co., Ltd., CHI-Smart Software (Beijing) Co., Ltd. claims that since August 2012, the two defendants for improper purposes, continued to the plaintiff's "360 Search" restrictions to prevent "360 search" Crawl Web site content that is completely open to the public and to all other search engines in www.baidu.com.
The plaintiff considers that the above-mentioned actions of the defendant in order to maintain the competitive advantage of the market violate the rules and spirit established by the Robots.txt agreement, violate the practice of the industry setting robots.txt, violate the commercial competition principle of voluntary, equal, fair and honest credit, without justification, The only targeted malicious restrictions on the plaintiff's search service, improperly reduced the "360 Search" service quality, constitute unfair competition, damage the plaintiff's legitimate rights and interests, the plaintiff caused a huge loss.
The plaintiff also believes that, under the auspices of the China Internet Association in 2012, the Internet search Engine service self-discipline Convention, signed by the search engine services, including the two defendants, has made provisions for the establishment and effectiveness of the robots.txt agreement.
Pursuant to articles fourth and eighth of the Convention, the robots.txt agreement must be set to the following conditions:
(1) To follow the principles of fairness, openness and the promotion of the free flow of information; (2) Restricting search engine capture should have reasonable justification for industry, (3) Do not use the protocol to conduct improper competition. The two defendants ' actions, which violate the contents of the above-mentioned conventions, also constitute unfair competition.
Accordingly, the plaintiff requests the court to decide the defendant to immediately stop the unfair competition behavior, publishes the statement to eliminate the influence, the compensation economic loss and the lawsuit reasonable expenses total RMB 10.5 million yuan.
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