Event Review:
April 19, has been downloaded PPLive network television and PP Accelerator client software users download "PPS Network TV V2.6.86.9024 official version of" when, "PPS safety testing" program automatically pop-up "test to PPLive and PP accelerator may affect the normal use of PPS Network TV "and automatically default check" Uninstall selected program. " PPS uses a directory-type deleted automatically scan user's hard drive, users without knowledge of the case, remove the registry information, and rewrite the system disk file, resulting in PPLive software can not be used.
April 20, PPS to upgrade the whole network, all computers installed with software such as PPLive is detected while the software is installed, is automatically a "safety tips" directly induce the user to uninstall. High degree of coincidence between the two, this "nuclear" level of force sufficient to remove the means to destroy competitors.
April 20, PPLive on PPS's "illegal uninstall" behavior in the Shanghai Intermediate People's Court of anti-unfair competition litigation.
Expert opinion:
The reporters interviewed more than two events industry experts, an Assistant Secretary-General of the Internet Society of China stone is rose, a Peking University Law School Professor Zhang Ping.
Stone is rose Internet Society of China:
View of the above events, the China Internet Association, Assistant Secretary-General Stone is l said that in 2006 the Internet Society of China has caused a great uproar in society "rogue software" in the convening of a seminar, the establishment of an "anti-malware software coordination work team". June 2007, Internet Society of China Anti-Malicious Software co-ordination group set up anti-malware Certification Committee, and issued a "" malicious software-defined "rules" (Click to view details). According to "" malicious software definitions "Rules", PPS trigger uninstall PPLive software, litigation can refer to rules of the provisions of Article 6 (misleading, tricking users to uninstall other software) processing.
Peking University Law School Professor Zhang Ping:
1, on the PPS software constitutes "malicious software"?
Zhang: The domestic law does not clearly defined on the malicious software, but industry organizations - Internet Society of China announced "" malicious software "defined rules" and have defined.
In this case, PPS's behavior is through the "PPS safety testing" message box prompts the user to pay attention to relevant documents PPLive PPS may affect normal use of the software and the default check the "Uninstall selected program." Safety testing results in the prompt, PPS did not explain to the user impact of PPS PPLive software or software the details of the possible security threats, the objective may prompt other software errors, so that the user may be directed to unload the PPLive software . From this perspective, PPS software meets the technical characteristics of the Internet Society for "malicious software" definition.
2, the constitution of "anti-unfair competition law," Regulation of unfair competition?
Zhang: China's "Anti-Unfair Competition Law" adopted general legislation and cited the combination of technology to the provisions of unfair competition: first, the general provisions. "Anti-Unfair Competition Law" in article 2, paragraph 2: "this law of unfair competition, is operating in violation of provisions of this Law, damage the lawful rights and interests of other operators, disrupt the social and economic order of"; Second, the cited provisions of. In addition to general terms, the "Anti-Unfair Competition Law" detailed lists 11 types of unfair competition. In this case, PPS that the act does not belong to "Anti-Unfair Competition Law" Chapter cited unfair competition, so only the general provisions under the Act on the nature of the behavior of PPS identified.
The academic world for the "anti-unfair competition law" in article 2, paragraph 2, recognize the existence of different views: one view which is of a general provision that "anti-unfair competition law," the regulation of competition is not limited to the law Chapter 2 details the 11 behaviors listed, and should include the Law Article 2, paragraph 2, the behavior identified; another point of view, "anti-unfair competition law" unfair competition identified in the Act only Chapter 2 lists the 11 categories of behavior, unless the law clearly defined, shall not be under the general category of acts outside the terms of the behavior of 11 self-identified as unfair competition, unfair competition with the "legal" character.
In addition, the general provisions of the lack of maneuverability, it is difficult to adapt to the rapid development of network environment, business practices, the urgent need for the authorities to apply the general provisions of the development of specific rules or judicial practice in the administration of justice to be clear.
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