Jiangmin response to the letter, said attorney Alibaba China lagged far behind the law
Jiangmin company called “rogue software in favor of exposure to our law lagged status quo,” reads as follows:
Recently, the Beijing Alibaba Information Technology Co., Ltd. (”Beijing 3721 Limited”) to the country's first declaration of war on the rogue software, delivered quickly by Jiangmin company, the first time the antivirus vendors targeting the big stick of litigation.
Alibaba protest Jiangmin antivirus KV2007 to Yahoo's assistant (original 3721) included in the list of rogue software clear that Jiangmin violation of its rights, if not stop the “infringement” will Jiangmin court.
Previously, the first assistant to Yahoo (formerly 3721) to court is composed by a spontaneous anti-rogue users Software Alliance, after Yahoo began to counterattack, has launched its inclusion in the list of 360 security guards cleared the company and the Simon Company Report court. As the legal shortcomings, the court proof of a defendant in the original Yahoo Assistant (original 3721) there can not be forced to install and uninstall the other features, there is no legal basis to identified as malicious software, the series have lost the case against rogue software. The person that is why Beijing began a large range of Alibaba's Yahoo Assistant (formerly 3721) Rectification of Names, to expand the scope of anti-anti-malware.
November 17, Beijing Chaoyang District People's Court “rogue software” the first time infringement verdict against the plaintiff against rogue software alliance founder Dong Haiping, “Yahoo's Assistant” software to the Beijing Alibaba Information Technology Co., Ltd., MAK Internet Software (Beijing) Co., Ltd. filed the suit for lack of evidence, Chaoyang District People's Court was rejected and lost. December 19, the original 3721, now Yahoo aide indicted developer Beijing 3 Beijing Alibaba International Network Technology Co., Ltd. unlimited in favor of unfair competition case. Verdict shows the courts on the one hand that the plaintiff's software, Yahoo, Alibaba assistant misconduct does exist, according to the defendant to provide evidence of the existence of Yahoo's assistant, “is difficult to uninstall, mandatory install, interfere with other software running and hijacked browser” behavior ; but on the other hand believe that as “malicious,” Department of derogatory term, so the defendant will be three international unlimited Yahoo aides as “malicious” should have a sufficient legal basis, thus, determine the three international unlimited network Technology Co., Ltd. to stop acts of unfair competition .
Series of lost cases against rogue software exposed the serious lag in China's legislative system the fact that the status quo. Internet users in the face of the country hate the rogue software, in a backlash, he found that no law can be based on, but let rogue software has held no fear, those connected to anti-malware court. Throughout the promulgation of many laws in China, and both are published in the seriousness of the situation before considering legislation to regulate, “Property Law”, “electronic payment method,” and so both are the product of delay. When the legislative and the judiciary to get rid of this passive situation, the legislative work done in front of it? The face of rampant Internet malware, the national status of hundreds of millions of Internet users suffer, how should authorities do?
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