Netizens love fantastic art site known, mainly through the set before advertising in video content to charge for advertising, or to users with paid membership service, members can watch commercial-free video content, in order to maintain normal operations. Which is currently the major domestic video websites often use business models.
However, a venture of small and micro enterprises in Shanghai, has developed a name "cat MoreTV TV" software was aiqi art by non-members can also see advertisements directly to see video of love the fantastic art website. For Internet users, this is "good news" aiqi art may be, it is disastrous.
Whether it is unfair competition? " Memorable TV "software operators should bear civil liability for what? this morning, the Shanghai Pudong new area people's Court of first instance decision on the present case, this is Shanghai's first case decision to bypass the video Web site advertising.
"TV cat" around love fantastic art advertising
Mobile phone, smart TV ... ... Is the main channel for watching Internet video programs. As the industry leader, aiqi Arts has put a lot of effort. But they found a TV APP quietly disintegrating their business models.
This APP is the "cat MoreTV TV" by Qian Shan, Shanghai company pleasant view of company management. Its advertising slogan: "cat TV is Internet video aggregation platform, using search engines, for smart TV provide users with comprehensive, timely and stable video guide service, to search the Internet for huge amounts of video in real time. "Obviously, this software provides video search service, but it offers to bypass the video Web site advertising services aiqi art rage and hate.
On May 5, 2014, as well as of March 23, 2015, March 24, April 24, aiqi Arts company 4 times in under the supervision of notaries, respectively, in smart TVs, set-top boxes, installed on Android smart phone "television cats" software, online search aiqi art copyrighted series of films and plays, each time you play the video page shows "aiqi art", but no ads before.
Aiqi Arts believes that thousands of Cedar company has the pleasant view of the company's actions constitute unfair competition, requested the Court ordered the defendants to cease the infringement immediately, jointly and severally liable for economic loss and reasonable costs of 1.0625 million Yuan, and the duo official website Home published statement at the top and remove.
Both expert-assisted people to appear in court against
Not advertising directly watch the video feature, how the hell do?
The defendant says that, it's very simple. Because "the TV cats" took advantage "crawler" technology, software in the play link, done automatically by the Android system comes with the player, aiqi Arts advertising files and video files are separate, so the player can only play positive, not advertising. "TV cat" has not taken any measure to bypass ads.
Aiqi art said it was impossible. Video feature to the Web site of the company play the encrypted address verification, as a third party player, "TV cat" directly from aiqi art video feature films broadcast addresses, must break the validation algorithm effective key to obtain aiqi art video feature films broadcast address.
Who has a point? arcane network of technical terms, according to the new civil procedural law in force, the full Court did two things, one is the original, defendant applied for, allow each represented by one expert-assisted court litigation, second, invited the Director of the key laboratory of the Ministry of public security information network safety Golden wave to serve as jurors.
Next, at the pre-trial conference and trial, "the TV cats" link play aiqi art video technology used by, the plaintiff's expert-assisted field four modernizations and the defendant's expert-assisted McKay present their opinions, and the presentation. Full Court also asked the two expert-assisted.
However, during the demonstration in the defendant's expert-assisted, in accordance with its stated methods and failing to obtain aiqi Arts Web site feature video playback address. Plaintiff's expert pointed out that demo failed because it tried to cover up the truth. Aiqi arts all ports have to protect themselves, not cracking technology, it is impossible to access. Expert Assistant confirmed the statement of the accused, but in his view, the crack aiqi art port technical difficulty is very low. Jack Ma MA and Li and Lei Why China s Internet
Bypass the ads constitute unfair competition
Plaintiff in the trial, both defendants of unfair competition is divided into two areas, one is the "TV cat" links play video from aiqi arts website, two links bypassed aiqi during playback or art website advertising with them before.
For the first Act, plaintiff believes that the users no longer have access to the plaintiff's official website, led directly to site visits, advertising exposure rate, decreased visibility in the Internet, constituted unfair competition.
After the Court believes that the essence of the Internet lies in the interconnection of information, which also lies in the interconnection. "The TV cats" link aiqi Arts Web site video, if the full link to display all content, essentially aiqi arts and all content available to Internet users, would not prejudice its legitimate interests, so this behavior does not constitute unfair competition.
As for the second, although the defendant, expert-assisted people think aiqi Arts page key cracking technical difficulty is low, but the Court found that the difficulty of even lower, and proactive technical means required to achieve the objective. Two defendants without the plaintiff's permission, take technical measures to enable "TV cat" when playing videos from the aiqi arts website to bypass the plaintiff before the piece advertisement platform, direct positive film. That wanted to watch the plaintiff was directly competing for Web video, also want to skip the front advertisement and not willing to pay the membership fee of the consumer, original, defendant has been formed in a competitive relationship, the defendant's acts of unfair competition. Two defendants jointly operate the software, shall bear joint and several liability.
Judgment of the Court, both defendants on the official website of the unfair competition in Home 72 consecutive hours published a statement at the top, remove two defendants compensate the plaintiff 100,000 yuan of economic loss, lawyer fees of 50,000 yuan because of two defendants in the case have taken the initiative to stop the infringing, the Court rejected aiqi arts and the rest of the claims.
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