The way to make money

Recently, the Guangzhou Intellectual Property Court issued Tencent’s secondary judgment of Tencent and production and sales of WeChat marketing software enterprises.

Xiamen Contact Yi Technology Co., Ltd. (hereinafter referred to as Linyi Company), Guangzhou Liantang Communication Technology Co., Ltd. (nextly known as Lian Tang Company) uses its development and sales of the contact with the contact of the micro-signal login, customer information The function of the establishment, hindering the normal operation of the WeChat platform, constitutes unfair competition and is sentenced to 10 million yuan.

The previous Tencent also many times on the court on WeChat related software infringement. In November last year, the Shenzhen Intermediate People’s Court tried together with WeChat group control case claims as high as 32.6 million yuan, refreshing similar case records.

\”Marketing\”

The judgment shows that the contacts of the system include auxiliary brand marketing, multi-signal login, personalized call group, customer data entry, sensitive operation, intelligent AI Customer service, etc. Enterprise uses this system not only to establish a data file to chat objects with labels, automatically send a friend circle for setting up time and content, but also statistics to generate friends to delete report, session telephone report, transfer red envelope report, etc., realize \”temperature\” Marketing.

Contact Easy Software is registered in June 2018. In the same year, Shen Tang Company founded the OK WeChat Management Network, and the WeChat Management System Network hosted by the Contact Yi Company, Contact Easy Network, Contact WeChat Management System Network, became the promotion and sales platform of the software.

The Court of First Aud Audit believes that the contact of the Internet and the WeChat software webpage and PC terminals have impaired the security and integrity of WeChat services. Since the software accepts and handles information and instructions from non-WeChat customers without agreed to use WeChat client, information and instructions from non-WeChat customers have hindered product operation.

Although the Contai Company has not stolen user information, its counterfeit client implements multiple accounts to log in and use, adding WeChat’s operational risks. WeChat data collected, stored, and monitored has higher risks, and has threatened the security of the platform.

Article 12 of \”Anti-Unfair Competition Law\”, the operator must not use technical means, by affecting user choice or other means, malicious network product service is not compatible with other operators, or other Obstructive, destroying behavior. Contact Easy System The above behavior has constituted unfair competition.

At the same time, Tencent cited the act of impacting user experience in the \”Tencent WeChat Software Licensing Service Agreement\”, especially strictly prohibiting the use of technical means to automatically push marketing information to users. Contact Easy System In product introduction, use manual, etc. prompt \”to prevent the title\”, indicating that the company is involved in the rules of operation, but still chooses to violate the rules and subjective deliberately.

Accordingly, the Contai Company also violated the \”Anti-Unfair Competition Law\” provisions, the operators should follow voluntary, equality, fairness, integrity in production and operation activities.The principle, comply with laws and business ethics.

According to the first-instance judgment, the above behavior involved in the company constitutes unfair competition, and the \”WeChat\” and \”Weixin\” as the name of the website and the behavior of the domain have also violated \”anti-unfair competition law\”. Provisions on trademarks. According to this, the Contact Company needs to compensate 3.5 million yuan, and the Tang Corporate has taken 200,000 yuan to bear the liability, and there are also compensation of 100,000 yuan separately.

Secondary Focus on the amount of compensation

In the second trial court, both parties have not submitted new evidence, and there is no objection to the identification of infringement, the review focus is concentrated on the amount of compensation. .

\”Continued Quotation Description\” shows that the number of micro signals registered according to the needs of the login is divided into personal version (980 yuan a year, including three authorizations), each additional authorization will pay 300 yuan per year) , Enterprise version (4980 yuan a year, 10 authorizations, each additional authorization pays more 450 yuan per year), enhanced version (10 licenses each year, each additional authorization pays more 550 yuan per year), privatization group The web news now is counted.

From Tencent’s materials, their customers include Taikang Life, Fang Tai, Ctrip, China Unicom, New Oriental, Lily Net, Manda English and other large enterprises. A related WeChat account has been released many times in 2019, \”Today, there should be more than 50,000\” \”agents have played 100,000\” \”dead tasks: 1 million, completed: 900,000\”, etc. Transfer record screenshot.

The second instance court believes that the website of the Contai Company has propaganda 20,000 registered enterprise users in April 2019, according to a set of 4980 yuan according to the enterprise version, such as the average of the software industry claimed by the company The profit margin is between 13% -15%, and the contact with the unfair competition infringement is 12.948 million yuan.

Despite the exaggeration data of contact with the company, the quotation is inconsistent with the actual price, but the relevant evidence is not submitted, and the view is not adopted by the court. In addition, the contact of the company’s infringement is obvious, and the Internet market business environment is damaged, which belongs to serious infringement, and should be compensated from the courage.

Therefore, the second instance court has supported 10 million yuan for the rehabilitation of Tencent’s rejgammonies. At the same time, Shen Tang has undertakes the liability of the joints of 3 million yuan, but no need to compensate for 100,000 yuan separately.

Written: Southern Reporter Huang Hui