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A few days ago, the case of Quark suing Kaotu APP under Gaotu for suspected embezzlement of the data of Kaotu University's question bank was filed in the Hangzhou Intermediate People's Court. Quark believed that Kaotu had unfair competition and asked Kaotu to stop infringement and compensate for economic losses of 10 million yuan. Kaotu has not responded publicly for the time being. On March 1, "Fadu Law" contacted Gaotu many times, but no response has been received as of press release.

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The picture is from China Economic Network. This case is called the first case of infringement of university question bank in China. 01 Quark sued Kaotu for stealing the question bank, calling it "free ride" and "get for nothing". Quark APP is an intelligent information software that meets the diverse needs of young people in life, work and study. It has successively promoted vertical tools and services such as Quark Network Disk, Quark Scanning King, Quark University Pass, and Quark Document, Among them, Quark University has aggregated massive content resources in the university learning scene, providing high-quality content of different types and dimensions, including teaching material analysis, famous school courseware, opening report, paper journal, and postgraduate examination real questions, covering more than 500+professional content, meeting the needs of college students in finding textbooks, writing papers, preparing for postgraduate examination, and facilitating college students to use according to their own disciplines and learning progress.

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However, last year, some college students found that there were many test questions and answers that were the same as those of Quark APP on the Kaotu APP, which provides users with search questions, online courses and other services. Kaotu APP is a public examination/postgraduate study software under Gaotu Education. Later, the media reported that Kaotu APP and Quark APP scanned the same questions, and some of the answers of Kaotu and Quark were exactly the same in terms of style, color marking and problem solving steps, In some of the answers to the test, there are even signs of quarks.

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The picture is from the quark side of the China Economic Network, which said that since last year, some users have reported that Kaotu stole the answer of the quark university pass. They also found that Kaotu continued to illegally steal the data of the quark university question bank without authorization. The large amount of data seriously interfered with the normal market order. The quark side said that the university question shooting was an information service launched to meet the increasing demand of users to search questions.

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In order to improve the accuracy of search and improve the user experience, Quark has invested a lot of human, material and financial resources. Through customized production and cooperation, it has continuously expanded the question database on Quark APP. At present, Quark APP has established exercise database covering multiple disciplines and different types. Industry experts believe that the exercise database is the result of Quark's long-term operation and accumulation, and is also an important resource for Quark to attract users.

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Based on the suspected illegal acquisition of the data from the test bank of Quark University, the Quark side sued Kaotu to the court. According to the provisions of Article 2 and Article 12 of the Anti-unfair Competition Law, operators should follow the principles of voluntariness, equality, fairness and integrity in production and business activities, abide by the law and business ethics, and should not use technical means to implement relevant obstacles by influencing user choices or other ways The act of disrupting the normal operation of network products or services legally provided by other operators.

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If it violates the relevant regulations and damages the legitimate rights and interests of other operators, it constitutes an unfair competition act, and should bear civil liabilities such as stopping the infringement, eliminating the impact, and compensating for losses according to law. Quark believes that the size of the question bank directly determines the service quality of the photo search software. In the case of direct competition between the defendant and Quark, the defendant maliciously uses technical means to move the test questions, answers, and other contents on the Quark APP on a large scale, It has obvious intention of "free riding" and "getting something for nothing".

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This behavior not only increased the access burden of the plaintiff's server, hindered and damaged the normal operation of the plaintiff's software, damaged the plaintiff's competitive advantage, but also violated the principle of good faith and recognized business ethics, and disrupted the market competition order. Therefore, the defendant's behavior belongs to the unfair competition behavior regulated by the Anti-Unfair Competition Law, and should bear corresponding responsibilities according to law.

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02 There has been a precedent in the case of stealing competitor's data. Many Internet applications have been stolen. The case of quark suing Kaotu for unfair competition is known as the "first case of infringement of university question bank in China". The final result has yet to be decided by the court. In fact, in the Internet field, cases of unfair competition due to stealing competitor's data are not uncommon in recent years.

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In January 2023, Beijing Lianjia Real Estate Brokerage Co., Ltd. and Tianjin Small House Information Technology Co., Ltd. sued Beijing Shenying Chengxun Technology Co., Ltd. and Chengdu Shenying Chengxun Technology Co., Ltd., believing that the "Push 99" product jointly operated by the two defendants, which captured, stored and broadcast the housing information in the shell search website, constituted unfair competition.

In the end, the Haidian District Court of Beijing ruled that the second defendant infringed the right to compensate the second plaintiff for 5 million yuan of loss and reasonable expenses of 500000 yuan. Similar cases also appeared in large numbers earlier. The court ultimately supported the plaintiff's claim and ordered the defendant to compete unfairly. At the same time, in similar cases in recent years, the amount of compensation and losses awarded by the court was also increasing, mostly in millions of millions.

"These compensation amounts are significantly higher than the symbolic compensation amounts of previous similar cases, which indicates that the judicial authorities are no longer satisfied with the characterization of relevant acts, and have also increased the sanctions against such unfair competition acts. This is undoubtedly correct, because if there is no strong sanctions, it is equivalent to that the violator will not pay for his/her behavior, so even if there is a relatively clear characterization of the behavior in the law We cannot really stop some people from knowingly committing crimes.

And this seems to be the reason why the data grabbing type of unfair competition is constantly prohibited. "Legal Daily once published a review article, expressing appreciation for the court's severe crackdown on" unfair competition of illegal data theft ". Some insiders believed that quark redefined the intelligent search experience and scenario, aggregated various requirements in the scattered and search scenarios, and carried out the tool, product and service upgrading, It has formed its own product differentiation and service matrix, which is an innovative model. Today, when Internet innovation is encouraged, such products should not be infringed.

At the same time, most of its service users are young students, regardless of whether it is quark or kaotu. The "plagiarism" of illegally stealing data is openly implemented in the learning software used by young students, which is also a bad guide for young students.

The picture is interpreted by lawyer 03 of China Economic Network: not only unfair competition, but also copyright infringement. For this "first case of infringement of university question bank in China", former senior media person, now lawyer Zhuang Yuwu of Beijing Dacheng (Harbin) Law Firm, believes that the quark question bank data infringement case is a typical case involving the Anti-Unfair Competition Law.

The purpose of the Anti-Unfair Competition Law is to maintain a good market order, and the increasingly prosperous situation of the search service like the quark question bank also needs to be regulated by the Anti-Unfair Competition Law to avoid the negative impact of the bad currency driving out the good currency. At the same time, it should be noted that the infringement of the quark question bank not only involves unfair competition, but also involves the infringement of copyright.

The unfair competition in the Internet era is often based on the infringement of intellectual property rights. The search and answer of the quark question bank is a compilation of the questions. The theft of the quark question bank by Kao Tu is also a kind of damage to the copyright of the quark question bank. For example, Kao Tu arbitrarily deletes the signature of the "quark question bank" in its title analysis, and edits and deletes the quark question analysis, which is a typical infringement of the right of authorship and modification The act of using the right.

Compared with the copyrighted compilation works in the traditional sense, although the content of the question bank is more fragmented in form, it does not mean that the analysis of a single question does not have the meaning of copyright. The questions and analysis are the results of intellectual labor, especially for the Internet market. Respect for intellectual achievements is a necessary condition to maintain a good market order.

Intellectual property is an important incentive mechanism to promote the prosperity of the market. It takes the legal protection of intellectual property as the basis, and at the same time increases the punishment of unfair competition as the bottom line. It is also a good way to reduce unfair competition and make the service content bloom.