two the company developed a rainbow hanging QQ software can display QQ friends IP address, physical address and stealth friends, a number of interface of QQ software are deleted, also released a QQ software in the form of the same basic dating software. Recently, the court made the first instance verdict by multi evidence, found that the rainbow is indeed constitute infringement and unfair competition QQ, two companies were awarded a total of $500 thousand compensation.
"Rainbow" free ride accused of infringement
it is understood that the "QQ" software developed by the Tencent Technology Company Limited, by the Tencent Shenzhen computer system Co. Ltd. is responsible for providing downloads and other business activities. According to the above two companies complained that in recent years, Shanghai Rainbow Network Technology Co., Ltd. (hereinafter referred to as rainbow company) production, the release of a rainbow display IP software. The software belongs to the QQ connection software, by modifying the program, you can achieve the display QQ friends IP address, physical address, and display the invisible friends and other functions. After the launch of the software, from Shanghai I want to network development Co., Ltd. (hereinafter referred to as I want the company) is responsible for providing its Web site operators and download servers, many users download.
two plaintiffs believe that rainbow company and I want the company to develop and operate the rainbow display software behavior constitutes a violation of copyright infringement and unfair competition for QQ software. Therefore to Jiang’an District Court, the company claims 500 thousand yuan to two.
also is two the company to court, and live in the Wuhan Hongshan District man Xu, in the private sector’s website for the rainbow was set up software download link, the plaintiff believes he should bear the responsibility to stop infringement.
defendant: Rainbow significantly increased the attractiveness of
the two defendants prosecuted after the company argued that the rainbow software unmodified Software QQ source files and live program, and the two defendant company said the rainbow was just on the development QQ software development to expand its functions, completely free and unbound commercial plug-ins, do not have a competitive relationship with QQ development company. At the same time, the rainbow is not likely to appear diversion QQ software users, but increased its attractiveness. Therefore, the plaintiff’s claim is rejected.
Wuhan man Xu believes that the rainbow software on its website for free download, there is no commercial interests, and has now stopped downloading the software.
multi evidence confirmed rainbow infringement
Jiang’an District Court accepted the case, commissioned by the Central Institute of judicial expertise knowledge of the case were identified, the conclusion shows that the rainbow was on QQ software to delete, increase the number of interface damage and other effects. Secondly, the rainbow on the QQ software target program has been modified.
investigators also found that in the part of the rainbow after the download program, the need for the same