On October 18, 2011, the Beijing Higher People’s Court rendered the final judgment on Beijing Kingsoft Security Software Co., Ltd. (“Kingsoft”) vs. Qihoo 360 Technology Co., Ltd. re unfair competition. In this judgment, the Court found Qihoo intentionally interferes with the the use of the kingsoftWebshield on the excuse of software compatibility and made defamatory comments against its competitors’ software. The Court confirmed that Qihoo has conducted unfair competition and ruled Qihoo to bear legal liabilities, i.e. eliminating negative impacts to Kingsoft and compensating the economic losses and reasonable costs suffered by Kingsoft.
As a defense and to confuse the right with the wrong, Qihoo brought a counter-suit against Kingsoft for unfair competition, alleging that the Kingsoft Webshield affected the functions of the 360 Safeguard. However, in the final judgment made by the Beijing First Intermediate People’s Court (2011 MZCZ﹟136) on November 18, 2011, such allegation of Qihoo was completely rejected.
Attorneys Xueqing Shi and Decheng Li of JT&N were retained on behalf of Kingsoft in these two litigations. Their professional legal services and profound understandings of the software and internet technologies enabled the Kingsoft to win the best outcome.
These two litigations and the dispute between Qihoo 360 and QQ were the two most well-known cases in the internet field in 2011, and attracted significant public attention. The judgments of the two cases have fully taken into account the principles of software technology and the current status of technical R&D. In terms of differentiating regular conflicts and malicious disturbance, regulating companies’ competition and restraining unfair competition in the internet industry, these two judgments are the milestones in the development of internet laws in China.
Li Decheng is specialized in PRC laws, regulations and policies in respect of information communication, electronic commerce, cultural media, publication innovation, network games and the cartoon industry.