Baidu v. qihoo 360 in violation of the agreement “Robots” grab, copy its content infringement case, in the morning of October 16, the Beijing first intermediate people’s court. Think baidu, search for baidu company allows 360 cases, in violation of the industry recognized Robots agreement, grab baidu baidu knows, baidu encyclopedia, baidu post bar, such as the content of the site, has constituted unfair competition, and put in a claim to qihoo 100 million yuan.
baidu public relations Mr Guo biao, said to the media Robots protocol is website information and one of the internationally accepted standard of Internet privacy protection, deserve a global Internet companies to comply. Don’t respect Robots agreement could lead to mass leaked online privacy. After the 360 server Internet privacy exists on a server of its own, for their own website holes are Google search crawl, leading to chery automobile internal procurement documents, the three gorges group financial statements, such as trade secrets, and 1.4 million Internet users privacy was leaked and spread. Violation of Robots agreement once again exposed the 360 ignored the website copyright and the privacy of Internet users has always been thinking.
Mr Guo biao, said more seriously, also qihoo 360 360 browser client, use to grab users browsing data and information to search server, completely ignored Robots. This has lead to a large number of enterprise network information was leaked. At the end of last year, baidu engineers through a test called “hades ghost”, proves the existence 360 browser to upload “islands” page content to 360 search behavior such as privacy.
360 find, baidu abuse Robots agreement, setting discriminatory restrictions in order to achieve the purpose of unfair competition. 360 grasping the content of the page is actually provided by the Internet, according to the rules of the Internet, these pages related rights belong to the netizens, 360 search index the content page is not suspected of infringement of the rights and interests of baidu, in fact also brought a large number of users and traffic to baidu.
baidu: 360 privacy violation may lead to Robots agreement netizens
according to the voice of China “epicenter wide news” report, as a result of the 360 search does not comply with the general search engine Robots agreement, lead to many sites for security and privacy concerns, do not allow the search engine grab some of the network information, also leaked in 360 on the search, the privacy could even include bank accounts, passwords, such as internal E-mail message.
degrees marcom Mr Guo biao, said this after media reports of baosteel, AMD, Taiwan chang gung university and other well-known institutions internal uninstall all 360 products, it is because of concerns about the internal business information and personal privacy may be uploaded. Robots, the purpose of the agreement is to protect the site data and sensitive information and users’ personal information and privacy will not be infringed. As privacy international rules, Robots agreement should be abide by the industry, which is the premise of protection of Internet privacy and to the greatest extent.
“if baidu cannot to Robots agreement to protect themselves, so taobao, jingdong business data such as web site, a large number of domestic small and medium-sized websites, and even enterprise Intranet, even without the ability to protect themselves.” Baidu public relations think Mr Guo biao.
according to baidu, as early as 2008, taobao by Robots agreement in order to protect the business information by different levels is prohibited to baidu, Google and other search crawler scraping of the commodity information. Although taobao data there is a huge commercial interests, baidu also fully grasping ability on technology, but baidu, strictly abide by the Robots agreement, to immediately stop the grab taobao content.
in November 2012, China’s Internet search engine service self-discipline convention for the first time will abide by the provisions of the Robots agreement (crawler protocol) into the substantive provisions, determine the position of Robots agreement as an industry standard. Article 7 of the self-discipline convention clearly pointed out that the search engine service should “follows internationally accepted industry practices and business rules, abide by the agreement (Robots protocol) robot”, article 9, the content of the violation of Robots agreement grab enterprises, should be in after receiving the announcement that obligee conform to the law, timely delete link, disconnect the infringement, to maintain the healthy and orderly network environment.
violations grab is equivalent to “trespassing” for real estate?
as a matter of fact, legal disputes about Robot agreement previously appeared both at home and abroad. For Robots agreement, as early as 12 years ago, the United States federal district court in northern California is in the famous eBay vs. Bidder ‘s Edge case cited the case ruled that Robots agreement. In view of the special auction information aggregators Bidder ‘s Edge violation of Robots protocol mandatory grab ebay website content, a federal judge in the suit after a verdict after investigation, that BE infringed, banned BE irregularities. It seems to the judge: “eBay website content belongs to private property, and eBay is entitled to by Robots agreement to limit.” Violation of fetching is “trespassing on real estate.”
in the same home, vertical search engines love help network also because a lot of fetching the public comments on net without permission content was also damages.
in 2008, the public comments have sued love help network, in the name of “vertical search”, ignoring the Robots agreement, will the public comment on cost work organization posted comments on content caught his own platform. In the end, the court help network lost love, in addition to compensation for the ceiling, also want to immediately stop the infringement. Court said, the information content is love help network fails to pay the cost of labor, not spending, contribute, but direct use of technical means in love for display on the net, and to obtain commercial interests, belong to typical in the anti-unfair competition law theory “something for nothing” and “free rider” behavior.