Douban sues Weibo for only 1 Yuan?Net friend: not hurt much, insulting extremely strong

2022-05-03 0 By

On The evening of March 30, Douban posted a civil complaint to the Chaoyang District People’s Court in Beijing for unfair competition. The dispute between the two platforms quickly sparked heated discussion online.According to the indictment, the original and the defendants are the operators of Douban and Weibo respectively.Douban’s lawsuit demands that Weibo immediately stop its infringing activities, including but not limited to deleting infringing links and stopping the recruitment of “Chaohua New Star Program”;A public apology;Pay 1 yuan to the plaintiff.On March 29, @Chaohua community launched the “Chaohua Nova Project” on Weibo to recruit people with experience in community management. A large number of well-known douban group names appeared in the pictures of relevant blog posts, but the relevant weibo can no longer be viewed.Douban group, one of its core products, is a product function created for Web users to discuss topics with people with similar interests, the company said.The plaintiff enjoys legitimate rights and interests to the data of Douban Group and is protected by Chinese laws in accordance with the law. Meanwhile, the plaintiff has the exclusive right to use the trademark of “Douban”, “Douban” and “Douban Group”.According to Douban, the defendant used multiple douban group names without authorization, recruited people with douban group management experience to set up a “super chat community” on weibo platform similar to douban Group, and allowed users of douban group to use a large amount of douban group data and information, and allowed users of Douban group to use plaintiff’s trademarks.Disturbed the market competition order, violated the legitimate rights and interests of the plaintiff.In addition, it is also mentioned in the indictment that users of the defendant’s platform have been handling a large amount of douban content data for a long time, and the plaintiff has complained to the defendant for many times to delete the infringing content, but the defendant indulges the infringing behavior of its users and does not deal with it, which violates the legitimate rights and interests of the plaintiff.The plaintiff once sent an official letter to the defendant about the behavior of the defendant’s platform users transferring content, but the defendant has not dealt with it yet.Douban said that after verification, as of today, there are still a large number of users on the defendant’s microblog platform continue to move Douban content.The behavior of the defendant user infringes the content and data rights and interests of the plaintiff, as well as the copyright of douban users and relevant right holders. However, the defendant, as a network service platform, still fails to take measures such as deleting after receiving the notice, thus increasing the loss of the plaintiff.According to the Civil Code of the People’s Republic of China and the Anti-Unfair Competition Law of the People’s Republic of China, the defendant shall bear corresponding legal liabilities.At 22:00 PM on March 30, a spokesperson for weibo’s public address account @Weibo responded that it is a normal and legitimate phenomenon for users to migrate between different platforms based on their interests and will, which is not worth exaggerating or distorting as unfair competition.However, in view of douban’s listing of relevant evidence, weibo’s response and its operation of opening “comment selection” on relevant weibo made many netizens not buy it, and expressed their support for Douban’s rights protection, “why should we be brave enough to grab others’ creativity across platforms”, “Weibo is really going too far”, “Douban is standing up”…Many netizens expressed their views on Douban’s action of claiming only 1 yuan. Some netizens thought that Douban’s action was “not to fight for steam buns”, “this is not an ordinary one yuan, it is dignity”, “not harmful, highly insulting”…If the infringement is true, Douban should receive more reasonable compensation. “More points to repair the server is also ok.” “Why on behalf of these group users only claim 1 yuan”…Xiaoxiang Morning News reporter Zhou Ling Such as intern Zheng Yilin news clues breaking channel: application market download “morning video” client, into the “morning to help” topic;Or call the morning video news hotline 0731-85571188.