Liaoning Rare network infringement case "hacker" was awarded a final 200,000 yuan

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Xinhua Shenyang, December 1, Liaoning Province, the higher People's Court recently informed that the province of unfair competition caused by the rare network infringement case has been the end of the trial, as a "hacker" in Shenyang, a digital imaging company in the theft of rival QQ number, through continuous attacks, resulting in tens of thousands of copies of customer files were deleted The injured party was therefore awarded $200,000 for final payment.

This year, the 71-year-old Hechangchun is Shenyang heping District, Tai Lung Photo studio owners, has been engaged in enlargement, photography and related services. In 2004, the staff of Dalong Photo service had applied for QQ number on the Internet, and received the pictures from customers through QQ, and contacted customers.

April 20, 2005, the company signed an FTP disk leasing agreement with the Shenyang Easy Alliance Information Technology Co., Ltd., which provides FTP disk leasing business to it. Customers through FTP will need to process, the production of pictures sent to the Dalong photo service.

August 2005, Tai Lung Photo service found that the customer sent the network pictures lost, damaged, QQ password stolen, QQ was used. The company also found that the FTP disk leased by Dalong Photo Agency was illegally invaded, maliciously deleted and uploaded data. September 23, Tai Lung photo pictures to police report.

Thereafter, commissioned by the police, Yi au company to the relevant departments to investigate the attack on the IP address of the image of the image, and transferred some security log, through the security log analysis, locked the IP address of the corresponding broadband bearer telephone number, that is, Shenyangyinori Maple Digital Imaging Co., Ltd. General manager of the office phone.

The court found that the defendant's business at the end of August 2005, after the discovery of the Tai Lung pictures of the QQ number, QQ password cracking software to get the other side QQ password, from mid-September to September 25, its internet cafes and offices using the QQ number, the use of the name of the company's staff to chat, intercepted pictures, data and delete. In addition, the QQ number and its mobile phone set up a bundle, in the long photo photo shop found QQ password stolen, modify the password, the QQ site will modify the information sent to him by SMS. It also admits that the purpose of the deletion of pictures is to "let Dalong not normal to the output of the customer picture" "So that the customer is not satisfied with the Dalong company, to the company's interests cause losses."

February 2006, Hechangchun will Shenyangyinori Maple Digital Imaging Co., Ltd., a lawsuit to the court, to seek compensation for economic losses of more than 740,000 yuan.

Shenyang Intermediate People's Court considered that enterprises should abide by the principle of equality, fairness and good faith in market operation, maintain orderly competition in the market, and the behavior of defendants in the course of carrying out their duties should be regarded as legal person's behavior, so Inori Maple company should bear the corresponding legal responsibility for the tort of business. The two defendants deliberately destroyed the plaintiff's reputation by unlawful means, disrupted the normal market operation order, constituted unfair competition, and for this reason, Shenyangyinori Maple Digital Imaging Co., Ltd. compensated the plaintiff for the economic loss of 200,000 yuan.

After the verdict, Shenyang Inori Maple Digital Imaging Co., Ltd., to "the original original to bear the responsibility of the wrong", "the amount of compensation has no legal basis", and so on, to the higher People's Court of Liaoning appealed. The High Court of Liaoning Province believes that the original decision found the facts clear, the applicable law is correct, so the final decision: dismiss the appeal, upheld.