In the case of unauthorized, authorized, plagiarism, through the network to disseminate its creative writing works

That Beijing Qi Tiger Technology Co., Ltd. (360) without permission, authorization, plagiarism, through the network to disseminate its creative writing works, Sue the other party infringement, and claimed losses of 500,000 yuan.

The first trial judgment Baidu loses.

Recently, the case in the city of the second Chinese court trial.

Baidu proposes 500,000 yuan claim

Baidu Company sued, September 16, 2011, "Baidu Webmaster Platform" on-line, which "Baidu Webmaster Platform Help" document, "Baidu sitemap Tool Help" document is its creation, with originality, Baidu company legally to its enjoyment of copyright. And in the January 24 of this year, 360 operating "360 webmaster Platform" Also in the 360 search website official online, in the platform "Use Help" page "Webmaster Platform" section of a document, copied the Baidu company document text content and format. "360 Webmaster Platform" registered users, in the submission of relevant data, the Web page to display the submission process and interface text, format, but also copied the Baidu company.

Baidu believes that there is competition between the two sides, 360 of the behavior through the information network to the public, constitutes a tort, and to Baidu company caused huge economic losses. So Sue 360, ask the other party to stop infringement, apology, compensation loss of 500,000 yuan.

A trial involving documents not in writing

In the first trial, 360 said, Baidu Company claimed to enjoy the content of copyright, does not constitute the meaning of copyright law works, Baidu company can not prove that it is the author. In addition, 360 content and Baidu company content is not the same, both sides of the same or approximate content, are to follow the industry standards, is 360 of their own creations.

The Court of First Instance thinks, the Baidu sues the document, is not the copyright law meaning work, 360 of the use behavior does not constitute the copyright infringement, the Baidu Company's lawsuit request should not support.

Baidu Company appealed against the verdict.

December 5, the second trial of the case.

In court, Baidu submitted 3 new evidence, confirmed 360 plagiarism. 360 No new evidence was submitted, but the justification for the first instance was still upheld.

The case was not pronounced.