The Result of the struggle between 360 and QQ

The result of the struggle

The struggle between 360 and QQ has lasted for more than ten days. On November 10th, all the QQ users get systematic news, that 360 announced currently QQ is fully compatible with the 360.But on the other hand; QQ is still rejecting 360 in the area ofTencent QQ space, and QQ-mail. Recently, with the intervention of Ministry of Industry, Ministry of Public Security and other related departments, 360 internet Security Company and QQ Tencent software giant bother prefer to peach talk. But there is no exact result. Tencent QQ has refused to release the schedule when it would completely compatible with the 360.

After Tencent QQ and 360 have been negotiating for more than 5 hours on November 3rd, 360 agreed to set the new service "QQ bodyguards" offline and then sent the product to test by the third impartial party. 360 stated, “ ”

November 3 night, Tencent and360 in the battle more than 5 hours later, 360 the company is temporarily offline "buttoned bodyguards" and then the "'QQ guards' doesn’t have the problems such as exist back door, vulnerabilities and other issues." . But QQ Tencent emphasized,” There are many problems, the product is to achieve some special commercial purpose.” At present, the result of the test isn’t clear. The minister of 360 said to reporter, “We won’t produce new service for QQ before the result of the test is clear.”

 Tencent QQ has suggested three terms of the settlement for the peach talk, which include unload the related tools, publicly promise not to produce other related product, apologize publicly and make compensation for Tencent QQ.  But 360 think the three settlement terms are too harsh for them, so they refuse them.

The#%/of Tencent QQ said, “ There isn’t exact result for the negotiation right now ” The professional staff analyzes the situation and states the struggle between 360 and QQ would go on, as many interest are involved.

 Users’ attitudes for both parties

“The letter for the User," was published by Tencent QQ at after of November 3rd, which declared that we decided with 360 software will stop running on the computer software QQ   "in 360 companies to stop working QQ software on any computer with 360 software. Then all Tencent QQ stopped working all over the country.

In the following, the journalist interviewed the citizens on the street to know their attitude towards the struggle between 360 and QQ. No matter teenagers or old ones stated they would prefer to QQ in the case of two choices. Mis zhang said, “We have used QQ for five years, there are more than 200 friends in QQ. But except 360 software, we can choose other anti-virus software as replacement”   Mr. Du at age of sixty years old said, “I am not sure about the struggle between them, But I’m sure I won’t give up QQ ” As he would log in QQ every day and communicate with his son in Peking through video. 

Is 360 suspected of unfair competition?

Since the struggle between 360 and QQ, they attached each other by words. The professional lawyer said, 360 might be involved in unfair competition.

You Yunting, the Intellectual Property lawyer in Shanghai Law firm said,” Tencent QQ has a clear business model; It is free for online chatting. But there are many cool-novelties on line. The user needs to pay for playing gamesand buying the cool-novelties to dress up

 . Recently, after the QQ bodyguards installed, these value-added services would be accidentally clicked off, this would largely affects the benefit of Tencent QQ. So 360 was alleged the unfair competition. But the lawyer have emphasized whether 360 violated of relevant laws or not, should be decided by the judges.

Rising, the domestic third-party authority Reported,” that 360 Brower uses the blacklist to monitor the user's computer and steal user’s privacy and the information of the competitive products. in addition, Rising pointed out the software monitored by the 360 browse include  IE browser, search dogs, travel, TT browser, Firefox and Chrome, The World Browser in total of 7 competitors products. 360 will monitor and Collect the information of the competitive browsers. This information includes the identity of the user ID information and use product information.

This struggle would promote the legislation of personal privacy on line

Fu Sheng, the CEO of cattle said, “ The punishment for unfair competition on the Internet is not enough,” the conflict between Tencent QQ 360 is not only for the two Internet companies to keep control over the user's desktop, but to speed up definition of  the scope of network privacy and legislation to protection privacy. In the fired of network, currently there isn’t specific personal information protection legislation. At the same time, tort law still hasn’t concrete definition about what is the violation of the privacy act. The relevant legislation is needed as soon as possible.

July first, 2010, the Tort Liability Act cleared that Internet service providers against other people’s privacy shall be liable to attend legal responsibilities such as stop infringement. It is the first time to classify the privacy right to civil rights, and appear "Privacy" and "network" on the same law in China.