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Does 360’ s QQ Guard Constitute Unfair Competition against Tencent? Part II

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(By Luo Yanjie) Today, we would give our opinions on 360’s unfair competition ruling

Lawyer’s Comments:

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.

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Does 360’ s QQ Guard Constitute Unfair Competition against Tencent? Part I

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(By Luo Yanjie) Abstract: Although online ads or pop-up ads may make you feel uncomfortable, that is a profit model utilized by free software like Tencent’s QQ, the popular online messaging software. But, when the 360 Guard software removed QQ’s ads, it would no doubt damage Tencent’s legal rights. We’d like to introduce this case to our readers, beginning with today’s post and extending into tomorrow’s.

In 2010, Tencent introduced its “QQ Computer Keeper” to the market, which focuses on defending against attacks on Tencent. Before that, the Qihu 360 Company publicized its product 360 Guard. 360’s software could remove QQ’s ads, remove supplemental and additional functions found within QQ’s software, and prevent computer viruses from stealing QQ account information. Within the first 72 hours after the introduction of 360 Guard, it was downloaded more than 20 million times. Tencent believed that 360’s Guard software constituted unfair competition, and was possibly even stealing end user’s personal information. For this reason, Tencent announced that all computers with 360’s software installed would no longer be able to use QQ’s software.

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Does 360’ s QQ Guard Constitute Unfair Competition against Tencent? Part II

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 (By Luo Yanjie) Today, we would give our opinions on 360’s unfair competition ruling.

Lawyer’s Comments:

The case is a part of the “3Q battle”, and has garnered wide attention in the society. Both parties in the case have submitted large amounts of evidences to support their claims. As showed in the judgment, the case seems to be very complicated. Moreover, because 360 provided the service for free, 360’s lose in the case has gained the sympathy of Internet users. However, from a legal standpoint, this case is not difficult. The ruling against 360 was proper for the following reasons:

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Does 360’ s QQ Guard Constitute Unfair Competition against Tencent? Part I

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u=661032290,4267603108&fm=21&gp=0_副本

(By Luo Yanjie) Abstract: Although online ads or pop-up ads may make you feel uncomfortable, that is a profit model utilized by free software like Tencent’s QQ, the popular online messaging software. But, when the 360 Guard software removed QQ’s ads, despite that being deemed reasonable in the eyes of some netizens, it would no doubt damage Tencent’s legal rights as QQ’s developer and operator. The author believes that it was proper for the court to determine that 360 had engaged in unfair competition practices. Today we’d like to introduce a bit about this case to our readers, beginning with today’s post and extending into tomorrow’s.  

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