It is understood that at present, the number of Internet users in Guangdong is over 80 million, ranking first in the country; 3G/4G base station is the first in the country; the Internet industry chain is the first in the country; the industrial chain of the Internet has gathered in Guangdong, the foundation of the high-end information industry is strong and the Internet business enterprise is highly active. In 2017, there are more than 550 new Internet enterprises, of which the output value exceeds 1 billion yuan enterprise more than 50. The potential network of judicial demand is huge. At the same time, in recent years, Guangdong courts have continued to increase the number of Internet cases, according to incomplete statistics. In 2016 and 2017, there were nearly 20 thousand network cases involved in the first instance of the new collection in the province, and the total amount of the case was over 700 million yuan. From the case type, the infringement of information network communication rights dispute, the network shopping contract dispute, the network service contract dispute, the network tort dispute, the network financial dispute and so on exceed 50%, among which, the infringement of the work information network transmission right dispute increases most, the increase is 100%.
Game player, watch your game equipment
Legendary world 2 mobile phone APP just entered the market soon, many players do not know that through the APP quickly authorizing others to login to a certain account, but also to allow others to control and authorize account accounts, passwords are not the same binding account of the rights of other.
In 2015, Yang corrected Chen and Li, using the above misunderstandings, to prepare to buy game accounts, game equipment for the purpose of finding the target of the crime. After the seller hooked, Yang and others secretly entered the sellers other bundled accounts, quickly transfer or sell the virtual property in the account, the exchange has to be occupied. At the time of the crime, Yang and others were involved in theft 24 times, and the total amount of stolen virtual property was 143 thousand yuan.
The effective judgment of the court holds that the virtual property involved can be managed, transferred and disposed of exclusively by citizens with value attributes, and can become the object of the crime of theft. In accordance with the provisions of the criminal law, the three people, such as Yang and other people, should be identified as theft, and the corresponding penalties are imposed on Yang and others according to the provisions of the criminal law.
Advertisers, the promotion of good faith brush has a risk
The company and vip.com signed the network extension service framework agreement (General Edition), which agreed to provide advertising promotion service for vip.com APP or website designated by Le point company for vip.com. After the dispute on how to calculate the effective activation of the promotion fee, the company brought a lawsuit to the court.
The courts effective referee believes that according to the agreement, the original data should be the basis for refining the anti cheating rules. The promotion of effective data should be based on the monitoring data of vip.com, and the company does not provide sufficient evidence to prove that the settlement data it claims is the effective data after monitoring. According to the content of the notarization provided by vip.com, vip.com extracts the settlement data advocated by Le point company and monitoring the anti cheating. The results show that the data have a large number of problems such as false receiving address, telephone number, and the false name of the consignee. The above situation is not only consistent with vip.coms unusual brushwork on Web pages, but also conforms to the agreement stipulated in the agreement that the extension data are far abnormal to the normal level, so vip.com claims the data.
Everyone, be careful with the phone by the remote lock
Huang Moucong and Wei will send a large number of Apple mobile phone user information illegally obtained from others (owner name, apple ID, cell phone number, etc.) to the next home for unlocking, and the information of unlocking success or not to the home to feed the cost. The public security personnel extracted 1273 pieces of information from two computers. The Peoples Procuratorate of Yuexiu District, Guangzhou City, held that the two defendants constituted a crime of infringing on citizenspersonal information and filed a public prosecution with the Peoples Court of Yuexiu District, Guangzhou City.
The courts effective referee believes that, from the chat record of two people before the case, it can be seen that the two people know that the unlocked information may be asked for unlocking fees to the mobile phone users through a remote locking machine or by the brush of the stolen mobile phone. The information of apple ID and unlocking information is sufficient to affect the security of other peoples property. The provisions of Article 1, paragraph 1 (four) of the first paragraph (1) of the first paragraph (1) of the Supreme Peoples court and the Supreme Peoples Procuratorate on the application of the law on the application of the criminal cases of infringement of personal information of citizens should be applied, and more than 500 of which constitute a crime. The two people have been selling the information for a long time to unlock others, exceeding the conviction standard and constitute the crime of infringing upon citizens personal information.
Network red anchors, live broadcast violation can be blocked
Chen, a contract artist of Tencent Inc, hosts the webcast platform operated by the company. The company permanently suspended Mr. Chens rights to broadcast pornography by using vulgar and foul language during his live broadcast. Chen filed a lawsuit against the court, demanding to restore his direct broadcast permission and compensate for the loss. The court of first instance held that the company was not properly ordered, and ordered the company to resume the direct coverage and compensate for the loss.
The court of second instance believes that as the network anchor and the Tencent Inc as a direct seeding operator, the rights and obligations of both sides in the live broadcast should be adjusted according to the operators regulations on the regulations on the management of the irregularities of XXX. The rules provide for the release of pornographic and obscene information on channels, such as words, pictures, languages or videos, which can be punished by channel locking or permanent closure. Judging from the content of Chens anchors, he did implement the act of distributing pornographic and obscene information in the form of language and should be punished. As a relatively open public place, the network live broadcasting room has a large number of participants and a wide range of communication. Chens behavior violates social morality and harms public order and good customs. Therefore, the Tencent Inc shut down the rules according to the rules. It was not improper. The second instance changed the sentence and dismissed Chens claim.
Network company, network domain name is also company property
Shenzhen City player Culture Communication Co., Ltd. and Guangzhou Chang Yue Network Technology Co., Ltd. (hereinafter referred to as Chang Yue company) infringe on the copyright dispute series of information network transmission rights disputes, in the implementation stage, due to the obligation unfulfilled by Chang Yue company, the Yuexiu court issued a notice to it in accordance with the law and carried out four checks. In addition to identifying and deducting a small amount of bank deposits, no other property was found. The court searched in accordance with the law and found no specific operating place for the company. At the same time, the legal representative of the company is also unaccounted for. The executive judge learned that the website of Cheong Yue company is still operating and has advertising revenue. The judge found out the website operator through the search engine, and made the execution ruling according to law and cooperated with the letter mailing operator Aliyun. In September 12, 2017, operators helped to seal down the domain names and restrict the login. On September 18, the judge received a call from the person being executed to inquire about the performance of the obligation, and then deposited the full amount into the courts account. The execution of the cases was completed.
Everyone, be careful about your bill theft
In November 2010, Ren, Zheng, Mou, Wang, and others set up the Shenzhen City Trust and Exchange Technology Co., Ltd. (hereinafter referred to as credit union company). During the operation, the company used the regulatory loopholes in the value-added service of telecom operators, collusion or set up and control the rental of telecom service providers with mobile value-added services. The telecommunication service channel; collusion software program dealer, mobile phone manufacturer or internal employee to implant the software of hidden buckle in the related mobile software, automatically subscribe value-added service in the case of the mobile phone users without knowing, and secretly deduct the phone users telephone fee. Between April 2011 and July 2012, the company charges $67 million 269 thousand for mobile phone users.
The courts effective referee thinks that, Ren, Zheng, XX, Wang, and others have developed the software of secret deductions to the users mobile phone, and secretly steal the phone users telephone fee, the amount is very huge, the behavior has already formed the theft. According to the purpose of illegally occupying the phone subscribers, the defendants illegally intrude and control the information system of the mobile phone and cover the users charges in a secret way by providing the user with the legal form of value-added services. Although the amount of money stolen against a certain user has not reached a large amount, the scope of the infringement is large and the total amount of illegal profit is tens of millions of yuan. The purpose of the crime is to offend the crime of theft, and the act has violated the crime of illegal control of the computer information system, and the punishment should be punished according to the crime of theft.
On behalf of the network, who will pay for the accident?
Wang has applied for the service on behalf of the e generation platform, which is developed by Yi Xin company. Wu took a traffic accident in the service process as a driving driver in the service process, and it was confirmed by the traffic police department that Wu was responsible for it. Ping An Insurance Company, which underwrites vehicle damage insurance, claims the insurers right of subrogation to Yixin Company and Wu Mou after paying Wang Mou.
The referee of the court holds that the agent does not have the insurance interest to the insured, so the driver can not be the insured of the insurance contract. The division of responsibilities between the agent driving company and the driver driving agent. First of all, Yi Xin company seal on the generation service agreement with Wang, and after the accident, he reached a compensation agreement with Wang, and paid the compensation, and actually participated in the rights and obligations of driving service. Secondly, Wu must hold the e-drive identification certificate to provide services under the management and restraint of Yixin Company, with the appearance of job behavior. Thirdly, the standard of charge for driving is set up by the billion heart company, and Wu has no bargaining power. Therefore, Wu and Yixin should belong to the employment relationship. Wus performance of his duties should be the ultimate liability for compensation by Yixin.
Micro business is not feasible for malicious marketing
Since January 2015, Zhang, Liu Mouxu, for the purpose of seeking illegal interests, in the case of unregistered legal companies, without Tencent WeChat software (WeChat) product rights holder Tencent Inc authorized or agreed, the development of hold the play slip computer software. After authentication, the two computer software can verify and download dynamic library files with the server and modify the client interface of WeChat IOS mobile phone, modify and control the data transmitted between the WeChat mobile client and the server side, and then realize WeChat to open and forward the friend circle content by one button. Text, pictures, small video can be), friends circle unlimited remind friends of the main functions. After Zhang, Liu Mouxu rented the server, set up the propaganda website of the above computer software, uploaded the software introduction and the franchiser and other projects, propagandize and distribute the software to agents and consumers, and the cumulative amount of illegal sales is more than two hundred thousand yuan.
The court concluded that WeChat belongs to the computer information system protected by criminal law. Zhang, Liu Mouxus behavior not only provides convenient conditions for the malicious marketing of a few micro merchants, but also seriously destroys the ecological environment of WeChats social software platform and seriously interferes with the normal order of the virtual world of the network. It has certain social harmfulness. The two people constitute an intrusion and illegal control of the computer information system. The crime of unified procedure and tool should be punished. It is reported that the case is the first WeChat plug-in case in the country.
In April 2016, a passenger drove his car to the destination by driving his own car (APP). After the discovery of the Guangzhou Municipal Commission, he decided that Cai did not obtain the license of the road passenger transport management and engaged in the operation of the road passenger transport without authorization. It decided to grant CAI to an administrative penalty of 30 thousand Yuan fines. After reconsideration, the Guangzhou municipal government maintained the decision on administrative penalty, and Tsai refused to accept the decision to appeal to the court.
The courts effective referee believes that the administration should support the management of net about the car of the Internet + share of the economy, but the Guangzhou Municipal Commission of the Municipal Commission of the city has identified the network car as illegal operation, which is not clearly defined by the law at that time. It is a legal mistake, and it is clear that the net about the car is a combination of dripping platform and driver. The common act of providing services to passengers is to punish only the driver but not the platform of net engagement. It is a selective law enforcement and obviously improper administrative act. Therefore, the decision to revoke the administrative penalty decision of the Municipal Transport Commission and to revoke the administrative reconsideration of the municipal government are decided.
Hacker, crack iPhoneID password is sentenced
Since May 2015, Xiao has issued a network to crack apple cell phone number and password advertising, receiving orders from 12 customers. In the absence of the consent of ID users, Xiao Mou himself or entrusting others to use online rented fishing websites and XSS methods to get ID secret into Apples official server. Code, the operation of mobile phone and ID to unbind, charge from it. As of June 2016, xiaomou cracked 174 Apple phone ID by using the above means, and the illegal proceeds amounted to more than 4 yuan. The courts effective referee believes that Xiao Shan, in disregard of the national laws and the illegal acquisition of data stored in the computer information system by means of technical means, has formed a crime of illegally obtaining the data of the computer information system and should be punished according to law. He was sentenced to three years imprisonment and a fine of thirty thousand yuan. Source: Dayang net Guangzhou daily editor: Xun Jianguo _NN7379
Since May 2015, Xiao has issued a network to crack apple cell phone number and password advertising, receiving orders from 12 customers. In the absence of the consent of ID users, Xiao Mou himself or entrusting others to use online rented fishing websites and XSS methods to get ID secret into Apples official server. Code, the operation of mobile phone and ID to unbind, charge from it. As of June 2016, xiaomou cracked 174 Apple phone ID by using the above means, and the illegal proceeds amounted to more than 4 yuan.
The courts effective referee believes that Xiao Shan, in disregard of the national laws and the illegal acquisition of data stored in the computer information system by means of technical means, has formed a crime of illegally obtaining the data of the computer information system and should be punished according to law. He was sentenced to three years imprisonment and a fine of thirty thousand yuan.