technology news May 26th afternoon, dianping.com v. Baidu case of unfair competition dispute verdict today in Shanghai Pudong New Area people’s court, the court verdict, the Baidu Inc to stop acts of unfair competition, compensation for Shanghai Hantao Information Consulting Co (i.e. public comment operators, hereinafter referred to as the "Han Tao company") 3 million yuan of economic losses and reasonable expenses 230 thousand yuan, dismissed dianping.com’s other litigation claims.
the case dates back to April 2013, when netizens question on micro-blog: "Baidu maps a delicacy directly quoted dianping.com comments and reports, but only allow comment with Baidu account login. What’s the matter? "Baidu maps" official micro-blog replied: "pro, we are now working together." Shanghai Han Tao company believes that due to the lack of cooperation between the two sides, the move allows Baidu Inc to get users and traffic quickly, causing huge losses to themselves. Its behavior is contrary to the accepted business ethics and the principle of good faith, constitute unfair competition. In addition, the website of Baidu Inc is also used to mark dianping.com, the relevant public service to have a misconception on the source of unfair competition acts of unauthorized use of specific names of famous service.
Han Tao company therefore sued the Pudong court, requesting the court to order the two defendants to immediately stop acts of unfair competition, the common compensation for economic losses and reasonable expenses of 90 million more than 45 yuan, and in the media published a notice to eliminate the influence of.
April 11, 2016, the Pudong court held a public hearing on the case.
according to the surging news, Pudong court held that Baidu maps and public comment in the near unanimous to provide business information and review the content for users of the service mode, there is no direct competition between both sides. Baidu maps a large number of users to comment on the use of public comment, instead of providing information to network users, will lead to a reduction in the flow of public comment. At the same time, Baidu maps and other businesses to promote their own buy, grab some of the opportunities of the public comment network. The Baidu know directly to the user to provide comments from the public comment network, some users want to get the information from the network to Baidu.
the Court pointed out that free competition in various forms in terms of information production, collection and use of market economy market encouragement, but this competition should fully respect the competition in information production, collection and use in the process of hard work. In this case, the user comment information of the public comment network is one of the core competitive resources of the company, which can bring the competitive advantage to the company, and has the commercial value. Han Tao company paid a huge cost for the operation of dianping.com, review the information by law to maintain the competition order of the market, to encourage the operators of innovative business models, improve consumer welfare cost. A large number of Baidu Inc, the full text of the use of information involved in the review, the real alternative to the public comment network to provide information to the user, causing damage to the Han Tao company, its behavior in violation of the recognized business >