(By Luo Yanjie) Today, we would give our opinions on 360’s unfair competition ruling
The case is a part of the “3Q battle”, and has garnered wide attention in the society. From a legal standpoint, this case is not difficult.The ruling against 360 was proper for the following reasons:
1. The promotion of ads and charges are of the lawful items
It shall first be pointed out that despite the annoying functions in QQ, like the pop-up ads or value added service, these functions are of the legal profit model of Tencent. As known to all, QQ is a free software (despite the various charging items, the basic function of the software, namely the messaging is free). For Tencent has invested many resources in hardware and management cost, and should naturally be repaid through the ads or value added service. If other companies prevent the lawful advertising of Tencent, thereby reducing the chances of lawful transactionsfor Tencent and its clients, it would be of unfair competition.