TapTechNews June 30th. According to the news of Chaoyang Law Court, on the morning of June 28th, the case of unfair competition in the data rights and interests of the congestion delay index of the navigation electronic map was publicly heard in the People's Court of Chaoyang District, Beijing. The Chaoyang Court initially determined that the defendant, a certain information technology limited company, constituted unfair competition and ruled that the company should stop infringement, eliminate the impact, and compensate the plaintiff, Beijing a certain technology company and a certain software company, for a total loss of 12.5 million US dollars. (12.5 million US dollars is about 87 million Chinese yuan).
The plaintiff, a certain technology company and a certain software company, alleged that:
The defendant, a certain information technology limited company, used improper means to crawl the congestion delay index data and used the above data for commercial purposes on a certain paid software of its financial terminal, which constituted unfair competition. So they demanded that the defendant stop infringement, eliminate the impact, and compensate for losses of more than 48 million US dollars.
The defendant argued:
The congestion delay index data did not belong to competitive rights and interests, and the defendant company collected the public data from the plaintiff company's website through manual collection methods and did not adopt any unfair competition methods, and did not constitute unfair competition. The plaintiff company's claim for damages had no factual and legal basis.
After hearing, the Chaoyang Court held that:
The congestion delay index data can accurately, concisely, and quantitatively express the urban congestion status and its trend, meeting the needs of various transportation participants to understand and study the congestion status of traffic, and has high application value and market value. The plaintiff company has established a market competitive advantage by developing and operating the congestion delay index data and has obtained business benefits by authorizing the congestion delay index data to the outside world. Such business benefits belong to competitive rights and interests and are protected by the Anti-Unfair Competition Law. The defendant company, without permission, used improper means such as changing the IP address and forging the browser identifier to crawl the congestion delay index data and stored the crawled data in a certain financial terminal software, and spread it to paid users for commercial purposes, which violated the generally recognized business ethics and good faith principles in the data field, damaged the legitimate rights and interests of the plaintiff company and the interests of consumers, and disrupted the market competition order in the data field, constituting unfair competition.
TapTechNews learned that the court finally ordered the defendant to stop infringement, eliminate the impact, and compensate the two plaintiffs for economic losses and reasonable expenses for safeguarding rights totaling 12.5 million US dollars. According to the informed source interviewed by the 21st Century Business Herald reporter, the plaintiff in this case is the operator of AutoNavi Map, and the defendant is a financial information service enterprise, Wind..