An example of endangering the internet. Let's go

I. The First Case of Computer Software Hacker Misreporting

On April 17 this year, the Beijing Higher People's Court made a final judgment on the first case of computer software hackers reporting a mistake: it upheld the first-instance judgment and rejected the appeal. 1April, 1999, because the antivirus software product KV300 developed and produced by Beijing Jiangmin New Technology Co., Ltd. lied about the hacker program to the office automation writing assistant software product "Writing Star" produced and sold by Beijing Hanlinhui Technology Co., Ltd., Hanlinhui Company sued Jiang Min Company for infringement of goodwill. The Beijing No.1 Intermediate People's Court accepted the case and made a first-instance judgment on 1999 12 17: Jiang Min Company should publicly apologize and compensate for the losses.

Comments: This case happened two years ago. After two court trials, the final judgment was announced this year. Through this case, we know that anti-virus software will also misreport, which can not be completely ruled out under the existing technology. The defendant is not responsible for the damage caused by the defect before the false alarm. After the false alarm occurred, the defendant received the plaintiff's timely notice, and should promptly correct the defects and publicly eliminate the influence. In this case, although Jiang Min Company corrected this defect, it did not actively eliminate the influence and infringed the plaintiff's right of goodwill.

The emergence of new viruses this year has made the anti-virus software market more prosperous. This case sounded the alarm for manufacturers: how to deal with the defects in anti-virus technology.

Second, the Sina search engine case

Ye Yanbin, deputy editor of Poetry magazine, wrote to Sina. com. Com 2006 54 38+0 1 said that his works could be retrieved from other websites on the Internet by inputting the keyword "Feeling Ye Yanbin on the Road" through the search engine of this website. Ye Yanbin asked Sina.com to stop this behavior, on the grounds that he uploaded his working feelings on the road without his consent. Later, Ye Yanbin sued the Sina website to the court. Ye Yanbin thinks that Sina website has infringed its copyright by providing search engine services for links, and requests the court to order the defendant to stop the infringement and compensate the plaintiff for economic losses of 40,000 yuan.

The defendant argued from the aspects of the instrumentality and publicity of the search engine that the link provided without direct uploading should not bear legal responsibility. The court held that the retrieval service was not equal to the use of the works, and on June 2 1, the court rejected all the claims of the plaintiff Ye Yanbin.

Comments: Why did you choose this one among the numerous online copyright disputes this year? I think the judgment of this case actually determines the legal nature of the search service of the search engine. Search engine is a basic function of Internet service. If Sina loses the case, the development of the Internet will be really bleak.

Third, the East. Com case

Shanghai East. Com(eastday.com and eastday.com.cn) stumbled upon another "East". Its domain names (eastdays.com and eastdays.com.cn) are similar to Shanghai Oriental. The name of the website is also "Oriental". Com ",and the logo is strikingly similar. And the form and content of the page are suspected of completely copying Shanghai Oriental Network. After investigation, the website was opened by Dream Multimedia Network Technology Development Center in Jinan Development Zone, Shandong Province. So, Shanghai East. Com believes that the defendant has violated many of his rights and interests, which is unfair competition, and appealed to the Shanghai No.1 Intermediate People's Court.

On April 24th, 20001year, the Shanghai No.2 Intermediate People's Court made a judgment of first instance, and found that the defendant copied the page style and link icon of the plaintiff's website and made false propaganda, which constituted unfair competition. Therefore, it ordered the defendant to apologize to the plaintiff, eliminate the influence and compensate the economic loss of RMB300,000. However, the court did not order the defendant to immediately stop using and cancel the maliciously registered domain names of eastdays.com and eastdays.com.cn. This case became the first case in which the defendant won the case and was not sentenced to stop using and cancel his domain name among many domain name disputes in China.

After the judgment of the first instance, both parties appealed to the Shanghai Higher People's Court. Later, after consultation, the two sides signed a settlement agreement on July 7, and the plaintiff exchanged the defendant's apology statement and voluntarily revoked the two domain names on the condition that he did not apply for the execution of the first-instance judgment.

Comments: During the trial of this case, some reasons given by the defendant, such as employees practicing web page making, are really ridiculous. The court found that the defendant's behavior constituted unfair competition, and the plaintiff won the case. However, the important tool of unfair competition, that is, the domain name similar to Shanghai Oriental Network, was not sentenced to stop using and cancel its domain name. This is indeed a bit thought-provoking, and such a lawsuit is not in vain. Fortunately, the two sides reached a settlement in the second instance, Dongfang. Com gave up the first-instance judgment in exchange for revoking two domain names.

Fourth, the illegal pyramid scheme of Shenlong Card

On August 24th, the illegal pyramid scheme of "Shenlong Digital Advertising Card" was solved. The suspect Lin registered "Guangzhou Dongfang Shenlong Digital Technology Co., Ltd.". Shenlong Company uses the Internet to carry out illegal pyramid schemes in various places, claiming that after purchasing the "Shenlong Digital Advertising Card", it will log in to Shenlong website with the card and click on the advertisement, and each click will get a 0.3 yuan Award (limited to 33 times a day, each card is limited to 3 months), and it will be paid once every 10 day, and it will get 89 1 yuan in three months, and then it will make a profit of 565438 due to the temptation of this huge profit. By June of 17, the funds recovered by Shenlong Company could no longer pay the click advertising fees of netizens, and Lin began to plan to abscond with the money. After that, the public security department arrested the main suspect in time according to the report. The case involved more than 200,000 people in 30 provinces, autonomous regions and municipalities across the country, * * * sold more than 870,000 "Shenlong Digital Advertising Cards", involving a total amount of 234 million yuan, arrested more than 0/000 criminal suspects/kloc, seized 60,000 "Shenlong Digital Advertising Cards" and frozen and detained nearly 20 million yuan.

Comments: Due to the characteristics of the network, cybercrime is more convenient and has a greater impact. Coupled with the psychology of using netizens to make a fortune, pyramid schemes fraud cases have occurred from time to time. The "Shenlong Card" case is just a kind of illegal pyramid scheme. This year, cases of illegal pyramid schemes using the Internet abound. For example, the first case of online pyramid scheme uncovered in Shanghai in April. MLM appears on the Internet. Many netizens who want to make a fortune through the Internet should be careful not to be deceived.

Verb (abbreviation of verb) Shenzhen BBS infringement case

This year, in the first BBS infringement case in Shenzhen, the plaintiff Ye Zhen Company asked the court to award the defendant compensation of 6,543,800 yuan. Due to the poor quality, serious fire hazards and unreasonable property management fees of the purchased Jingzhou Building, during March 15 this year, Zou's Jingzhou Building Owners Committee opened the "Jingzhou 3 15" rights protection webpage, and Zou became the moderator of the webpage. This is an open forum. The plaintiff found many posts insulting "Ye Zhen". After investigation, it was found that IP was the IP address of the local area network used by the defendant to surf the Internet. Therefore, he believes that the defendant not only maliciously published articles that are inconsistent with the facts on the webpage, but also openly used insulting language as the topic, which degraded the plaintiff's personality and damaged the plaintiff's reputation. However, the opinions of the defendant in the forum in the lawsuit do not represent the opinions of the moderator, and the author should bear the responsibility, which has nothing to do with the forum, and the author does not know who it is. The case is still under trial.

Comments: At present, BBS speech infringement often occurs in China. China has relatively perfect legal provisions on this issue. The Administrative Measures for the Security Protection of Computer Information Network International Networking 1997 issued by the Ministry of Public Security on February 30th has made preliminary provisions on the management of BBS, and the Regulations on the Management of Internet Bulletin Board Service implemented last year are more specific.

Six, submarine cable case

On September 27th, China Telecom Group Company filed a lawsuit in Guangzhou Maritime Court, requesting to order the defendant Shanghai Xinhaitian Shipping Co., Ltd. to compensate the economic losses caused by its ship hooking the submarine cable between China and the United States for 40 million yuan. Plaintiff sued: On September 20th, the Sino-US submarine optical cable connecting Asia and North America was interrupted, which affected the Internet connection in parts of Asia and North America. The approximate location of Sino-US optical cable breakage is 20km from Shantou optical cable landing station. The cause of the accident was that the "Andahai" ship belonging to Shanghai Xinhaitian Shipping Co., Ltd. was improperly anchored and did not use good rowing skills to avoid wind and anchor, which led to the cable breaking during anchoring and the communication through the cable was interrupted. After the cable was hooked, the plaintiff not only invested a lot of manpower and material resources for maintenance, but also greatly affected the service life and communication quality of the cable. In response to the plaintiff's prosecution, the defendant believed that the plaintiff's prosecution evidence was not enough to prove that "Andahai" hooked the cable. The case is still under trial.

Comments: The undersea optical network was blocked for the second time this year. In February, China Telecom took up legal weapons to defend its interests for the second time. The key to this case is whether China Telecom can produce sufficient evidence to prove that the defendant did it.

Seven, telecom magnetic card box

In July, 85 consumers sued the relevant telecommunications departments on the grounds that the number of magnetic card phones was reduced and it was inconvenient to make calls. Finally, the number of plaintiffs reached more than 300. Although the case was accepted repeatedly, it was finally put on file in Beijing No.1 Intermediate People's Court on October 24th, 65438. The case is still under trial.

Due to the development of technology, the whole machine and parts of magnetic card telephone gradually decreased in Japan in the middle and late 1990 s, so it is difficult to guarantee the normal maintenance of domestic telephones. The magnetic card will be withdrawn from the historical stage on February 3, this year. Faced with the solution proposed by China Telecom to replace it with an IC card, many consumers are still dissatisfied and want to carry the lawsuit to the end.

Comments: the magnetic card machine reduces the number of calls for consumers. Since China Telecom has launched this service, it must do a good job in after-sales service and cannot "kick down the ladder". Now that the secrecy of magnetic cards has been officially suspended, China Telecom has really spent a lot of brains in dealing with the aftermath.

Eight, Sina mailbox shrinkage case

Paid e-mail has become a trend in 200 1, and many websites have "tampered" with the original free e-mail while launching paid e-mail. Among them, Sina reduced the capacity of the original free mailbox from 50M to 5M, which caused dissatisfaction among other Sina users, and the online crusade revived.

On September 19, Tianjin lawyer came to the Haidian District People's Court in Beijing, arguing that the mailbox capacity was changed without the consent of the other party, which violated the free mailbox service contract concluded between Tianjin and Tianjin. The focus of the case is whether it is effective for Sina to indicate in the registered electronic contract that it reserves the right to interrupt the service at any time.

165438+ 10/0/5, the court heard the case. After two and a half hours of trial, the collegiate bench made a judgment of first instance, and found that the plaintiff believed that the defendant's adjustment of the free mailbox capacity without his permission was a breach of contract, which had neither factual basis nor legal support. Therefore, the plaintiff's claim was rejected and the plaintiff was sentenced to bear the litigation costs.

Comments: This case is the first dispute about the validity of the e-mail registration clause, that is, the network format contract, and the rights and obligations of both parties, so it has attracted much attention. Although Lai refused to accept the judgment of the first instance and has filed an appeal, this case can give us a hint that consumers should carefully click "I agree" when accepting free or paid services on the Internet.

Nine. Yang Jianchu v Ericsson.

On February 3, 65438, the Chaoyang District People's Court of Beijing made a first-instance judgment on the once-heated Ericsson mobile phone quality dispute case, and ordered Ericsson to refund the plaintiff's payment and compensate the transportation fee, lost time and accommodation fee of 3,700 yuan. However, the plaintiff has to bear 3,755 yuan of the 4,008 yuan case acceptance fee.

On May 6th last year, Yang Jianchu bought an Ericsson T 18SC mobile phone in Guangzhou. Soon after, he found that this mobile phone had problems such as "automatic shutdown, display failure, crash, button failure, no power supply and no charging", and 10 was repaired six times a month. On July 5th, Beijing Chaoyang District People's Court formally accepted his lawsuit, and he filed a huge claim of 1.2 million yuan with Ericsson. In his claim list of 6.5438+0.2 million yuan, it includes the misunderstanding between his wife and the company caused by the automatic shutdown of his mobile phone, the transportation expenses for his trip to Urumqi to explain the reasons to his wife, and the unemployment loss caused by his mobile phone being dismissed for six and a half months. In the judgment of the first instance, the court found that there was a quality problem with the mobile phone, but found that Ericsson was not a fraud.

Comments: Yang Jianchu once appealed to consumers to sue Ericsson with great fanfare in the media, but the court in Houchaoyang District only accepted his lawsuit. Won the lawsuit, but lost 55 yuan. This case tells us once again that consumers should be cautious and not too blind while taking up legal weapons to safeguard their legitimate rights and interests.

X. Alibaba Chinese domain name dispute case

65438+February 1 1 Beijing No.1 Intermediate People's Court concluded the first Chinese domain name registration dispute case in China. The cause of the case was that when Beijing Zhengpu Technology Company registered the domain name of "Alibaba" in CNNIC, it was told that the domain name had been reserved by others. Soon, Alibaba Network Technology Company registered this Chinese domain name in CNNIC. Zhengpu Company believed that this act of CNNIC violated the principle of "first application, first registration" in the Contract Law, so it appealed to the court.

The Beijing No.1 Intermediate People's Court held that it was wrong for CNNIC not to register the Chinese domain name "Alibaba" for Zhengpu Company according to the principle of "applying first and then registering", but it should allow CNNIC to take necessary reservation measures for the names of certain symbols, administrative divisions, government agencies and educational institutions. Alibaba's website enjoys a high reputation. If others register the "Alibaba" domain name again, it will lead to misunderstanding and damage the rights and interests of Alibaba website.

Comments: Alibaba reserves Chinese domain names to avoid unknown disputes in the future, which provides legal experience for well-known enterprises and related specialized agencies to protect domain names when adding domain name suffixes to solve the growing shortage of domain name resources, and also confirms some rights of CNNIC in the process of domain name management.

Lower part: legislation.

200 1 year is a year of sluggish IT industry. IT was in this year that the healthy development of IT industry in China felt the necessity of legal protection. This year, following the promulgation of seven laws and regulations on network content in China last year, IT legislation has taken another big step. The content of legal adjustment is very extensive, including internet cafes, domain names, copyrights and so on. There are also various forms of legislation, including laws, administrative regulations, local regulations and so on. Generally speaking, the law is gradually regulating it. The following are comments on some important legislation.

1, Measures for the Administration of Internet Service Sites

With the rise of the Internet, Internet cafes gradually spread all over the streets. Internet cafes are a double-edged sword, which brings us convenience of surfing the Internet, cultivates many netizens, and at the same time brings many negative effects to the society. Violent games, chat addiction and obscenity and pornography are social hazards, endangering the physical and mental health of teenagers and attracting attention from all walks of life. At the CPPCC meeting at the beginning of the year, several CPPCC members jointly strongly suggested that Internet cafes should be abolished. For a time, the life and death of Internet cafes became the focus of social attention. On April 12, the Ministry of Information Industry and other four departments jointly formulated and issued the Measures for the Administration of Internet Service Sites. At the same time, according to the spirit of the State Council's notice, all localities have carried out a major inspection of Internet cafes.

Comments: This administrative regulation has not gone from one extreme to the other. It kills internet cafes with a stick, and many contents focus on the development of the network industry, and there are some new breakthrough clauses. The lifting of the ban on computer games has injected a shot in the arm for the development of Internet cafes and even the whole game industry in China, especially the development of online games. According to the provisions of this management method, the management of internet cafes around the country is more orderly. However, what worries us is the same. Restrictions on teenagers' access to the internet have not been implemented, and cases of teenagers being cheated in online chat around the world are still often seen in newspapers. Many Internet cafes regard warning signs that restrict teenagers from surfing the Internet as "signboards" with legal status.

2. Interim Measures of Beijing Municipality on the Administration of Online Advertising

With the development of the Internet, online advertising, as the most important way of making profits for Internet websites, is also impacting traditional advertising. In contrast, the many characteristics of online advertising make it helpless to standardize the advertising law of traditional advertising. There is no special law to regulate online advertising in China, which has caused some new problems in online advertising: the positioning and boundaries between advertisers, advertising agents and advertisement publishers are very vague, which leads to the lack of corresponding constraints in the publishing process of online advertising, and online advertising is more likely to be false than traditional advertising; There are still many problems with e-mail advertising. In view of various problems existing in online advertising, Beijing, Zhejiang and other places began to formulate their own local laws and regulations and make adjustments. Beijing took the lead in promulgating the Interim Measures for the Administration of Online Advertising in Beijing, which was implemented on May 1.

Comments: Although Beijing's Interim Measures for the Administration of Online Advertising is only a local regulation, it still attracts widespread attention this year. After all, it marks the gradual standardization of China's online advertising market supervision. This interim management method is based on the advertising law, and has preliminary provisions on the form, subject and market supervision of online advertising. Although there are still many imperfections in the content, the implementation in Beijing has provided rich legislative experience for the formulation of China's online advertising law.

3. the Supreme People's Court's interpretation of some issues concerning the application of law in the trial of civil disputes over computer network domain names.

Due to the commercial value of domain names and people's habits, cybersquatting is rampant, especially in China, where the development of Internet is relatively backward. For domain name disputes, mainly with the help of the management regulations of domain name management institutions, judicial organs have been involved in domain name disputes. However, due to the lack of legal basis, the application of trademark law and anti-unfair competition law has become a problem. On July 24th, the Supreme People's Court promulgated and implemented the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Computer Network Domain Names, which stipulated the cause of action, acceptance conditions and jurisdiction of domain name disputes, the conditions for domain name registration and use to constitute infringement, the malice of the actor and the determination of well-known trademark facts in the case.

Comments: This indicates that the trial of the increasing network domain name disputes in China has a clear and specific legal basis. Although this is a judicial interpretation, it also marks that China has established a judicial protection system for trademarks, especially well-known trademarks, trade names, legal and fair competition, domain names and other civil rights in the new field of computer network, established a judicial mechanism for resolving domain name disputes in China, and improved the domain name protection system. According to this judicial interpretation, the scope of domain name protection of trademarks is conclusive, and the protection of domain names includes both well-known trademarks and ordinary registered trademarks of enterprises. Of course, this judicial interpretation is not the "master key" to solve domain name disputes. For foreign domain name disputes, the relevant foreign-related procedures of China Civil Procedure Law may not be applicable.

Subsequently, the dispute between the real name of the network and the universal website broke out, which once again put the expansion of trademark rights on the table. In this new way of network address resolution, legal norms are urgently needed to protect the trademark rights of enterprises.