360 company lost in the first instance of the lawsuit against Tencent company

The Beijing Chaoyang District People's Court rendered its decision on the lawsuit of Tencent comapy sueing 360 company for the violation of privacy protection, ruling that the three defendants including Beijing Qihoo should pay Tencent 400,000 yuan as a compensation.

Tencent won the case and 360 was required to make a public apology

According to the decision of the Beijing Chaoyang District People's Court, the three defendants, Beijing Qihoo, Qizhi Software Company and Beijing Sanji Networks Company, constituted commercial libel. The Court ordered the defendants to remove all the infringing contents from the 360 website and to make a public apology on homepages of 360 website and Legal Daily website to reduce the negative influence on Tencent (retaining 30 days).

The Court held that the files which were suspected of involving personal information were executive ones and didn't contain users' private information. Thus, the Court ruled that the QQ2010 software didn't touch users' privacies.

The Court pointed out in its ruling that 360 used so many malicious words or expressions such as "peeping", "peeping at your private documents" and "ganglike behavior" against Tencent QQ. [The Chinese version is available on ip.people.com.cn]

The above words or expressions took strong emotional sensibility, causing others to make negative and misleading evaluation. Particularly, such expressions were based on no facts and violated the commercial principle of good faith and destroyed the order of competition in the market. The defendants intentionally made harm to the plaintiff's competitive advantages

Tencent: grateful for the adjudication and would donate the compensation to Public Charities

After knowing the adjudication, Tencent expressed "We are thankful for the fair ruling and we always believe that the law can render us a fair result." Meanwhile, Tencent pointed out that "what we always pursue is to offer users experience and protect user's security. We will make ceaseless efforts to provide better experience and value to users. In addition, we will open sharings to enhance a harmonious development of the industry." Tencent expressed that the compensation would be donated to the Public Charities. 　

360 vs Tencent not yet heard

Though the lawsuit of Tencent comapy sueing 360 company for the infringement of privacy protection had be uncovered, it didn't mean that the battle between 360 and QQ has come to an end.

It was reported that taking the ground of Tencent's deliberately framing false news, 360 would sue Tencent to the Beijing East District People's Court for offending its reputation. 360 demanded public apology from Tencent and one yuan in damage. Until now, the Court has not yet heard the case. The insiders held that the 3Q battle would not terminate at the first instance. [The Chinese version is available on ip.people.com.cn]