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Recently, some software developers who automatically skipped various app opening screen advertisements have successively received letters from lawyers from the same major Internet company in China, claiming that their actions constituted abnormal competition and interfered with their operating models and profit methods. The off-shelf software ceases to operate. Each software developer who skipped the app’s opening screen advertisements issued relevant announcements to stop operations and remove them from the shelves.
On August 25, one of the software developers told reporters that their original intention of developing software was to keep users from being troubled by advertisements and make it easier for everyone to use. The function of this software is not to block ads, but to help skip ads. Because the Internet giant had stated that it would claim more than 100,000 yuan, it had to be removed from the shelves.
Some legal professionals believe that this kind of software does not require users to endure the annoyance of advertisements. Although it is loved by users, it does constitute infringement to the operators of commercial software. At present, although the “advertisement skip” button of some software is very hidden, deceptive, and cannot be turned off, the market has a self-regulating function, consumers will “vote with their feet”, and the administrative department can also control the content of these software. Operators strengthen supervision.
The mobile advertising skipping app “Li Tiao Tiao” will be suspended indefinitely
On August 24, the Android platform application software “Li Tiaotiao”, which automatically skips various App opening screen advertisements, announced that it would stop updating indefinitely. The reason is that they received a letter from a lawyer from a major domestic Internet company.
The “Lawyer’s Letter” stated that it was found that the “Li Tiaotiao” software had unfairly gained a competitive advantage by blocking and filtering the advertisement service of a certain browser of the company to attract users to download and use it. These behaviors interfered with the operating model and profit-making methods of their browsers, constituted the use of technical means to hinder and destroy legitimate business operations, and infringed on the legitimate rights and interests of their clients; at the same time, such behaviors also destroyed the legal competition order and mechanism , violates the principles of voluntariness, equality, fairness, good faith and generally accepted business ethics, and ultimately causes damage to the well-being of consumers. Therefore, the blocking and filtering of advertising services by the software involved in the case is suspected of violating the provisions of Article 2 and Item 4 of Paragraph 2 of Article 12 of the Anti-Unfair Competition Law, which constitutes unfair competition.
The “Lawyer’s Letter” also requires the developer of “Li Tiaotiao” to stop operating the app within 48 hours of receiving the letter and remove the software from the shelves.
The developer of the “Li Tiao Tiao” APP introduced that this is a stand-alone software of a public welfare nature. It is not connected to the Internet and has no profit. As for the function of the app, it is to skip the advertisement instead of blocking the advertisement, and it will not have any impact on the integrity of the third-party app. However, the developers also said that it is at least immoral to reduce the revenue of manufacturers because of their own actions. However, because some manufacturers are unethical, it is difficult for users to skip the advertisement in the first place, “such as fake skip buttons, multiple ‘skip’ buttons, multiple opening screen advertisements, induced clicks, etc. Because some manufacturers are There are countermeasures like ‘Li Tiaotiao’ when there are unreasonable or irregular behaviors in the opening screen advertisements.”
In order to understand the progress of this matter, on August 25, the reporter called the developer of the “Li Tiaotiao” APP several times, but was unable to get through. The reporter sent an interview private message to his WeChat official account, and the other party automatically replied with an announcement: “On August 24, 2023, the big factory is under pressure, and until the situation is further clarified, we will no longer provide Li Tiaotiao’s downloads and updates. .”
Several similar software developers received a letter from the same “big factory” lawyer
The reporter noticed that in addition to “Li Tiaotiao”, a variety of similar skipping screen advertising software, such as “Dasheng Purification”, “One Finger Zen” and “Ding Xiaotiao”, all received feedback from the same domestic Internet company mentioned above. Lawyer letter.
Among them, the public account Yang Xiaomi, the main operator of “Ding Xiaotiao”, stated as early as August 6 that they had received a lawyer’s letter. The picture of the paper lawyer’s letter disclosed on its official account shows that the software involved “can be used to block and filter the advertisement service of a certain browser” and “attract users to download and use the software involved, so that it can unfairly gain a competitive advantage … destroying legal competition order and mechanisms, and ultimately to a detrimental effect on the well-being of consumers”. The other party requested to stop operations and remove the “Ding Xiaotiao” App within 48 hours of receiving the letter.
Both “Dasheng Purification” and “One Finger Zen” announced the content of the lawyer’s letter on August 22. The content of the two accused is roughly the same. cease operations.
A Qing (pseudonym), the developer of one of the above-mentioned skipping advertising software, told reporters that after receiving the lawyer’s letter, they have removed the software from the shelves, and the software downloaded by users has also stopped operating. Before being asked to remove the app, the software had been downloaded nearly 1 million times. The above-mentioned developer said frankly that the original intention of developing this software is to keep users from being troubled by advertisements and make it more convenient for everyone to use. The function of this software is not to block ads, but to help skip ads, and as developers, they did not profit from it.
“Although we have stopped operating this software and closed the download channel. But not long ago, the legal personnel of the other party negotiated with us, saying that before the software was taken off the shelves, it still affected them and harmed their interests. Follow-up Maybe we still need to pay compensation, or go through judicial procedures.” A Qing said that the other party once said that if he didn’t take it off the shelves, he would have to claim more than 100,000 yuan. At present, she is also waiting to see what new actions the other party has.
The reporter obtained confirmation from the above-mentioned software developers that at present, the lawyer letters received by the developers of a variety of similar skipping advertising software are all issued by lawyers entrusted by the same major Internet company in China. They have not yet received relevant feedback from other Internet companies.
“Ad skip APP” infringes the right of advertising revenue
In this regard, Liu Wenhua, a lawyer from Yunnan Liu Wenhua Law Firm, analyzed to reporters that “Li Tiao Tiao” and other software that automatically skips various App opening screen advertisements, so that users do not need to endure the annoyance of advertisements. The operator of the commercial software did constitute an infringement, infringing upon the commercial software operator’s advertising revenue right. Article 1167 of the “Civil Code” stipulates: “Where the infringement endangers the personal and property safety of others, the infringed has the right to request the infringer to bear the tort liability such as stopping the infringement, removing obstacles, and eliminating dangers.”
“Software operators have different business strategies. Most software operators provide software to users for free and make profits through advertising revenue. This is one of the reasons for the prosperity of the Internet. Advertising is the price for users to use software for free. It is part of the business strategy of the business and also a major source of its business income.” Lawyer Liu Wenhua said that although software operators have set a “skip” button for advertisements, this kind of “skip” button is generally based on human operation, and Do not allow other software to click automatically.
Fu Jian, director of Henan Zejin Law Firm, believes that users downloading software such as “Li Tiaotiao” is completely voluntary, and the developer of the software did not mislead or deceive, forcing users to modify, close, or uninstall other operators. The behavior of providing network products or services. For users, skipping the screen-on advertisement can improve usage efficiency and provide consumers with a more comfortable usage experience. However, judging from past judicial precedents, the function of skipping APP opening screen advertisements of this kind of software is usually recognized by the court as unfair competition. Most video websites will adopt a free + advertising business model, and advertising is the main source of profit. , although skipping ads can optimize the user experience, this behavior is also a destruction of the business model. For app developers who skip ads, the first thing to do is to avoid legal risks and minimize losses.
As for the problems mentioned by “Li Tiaotiao” that the “advertisement skip” button of some software is hidden, deceptive, and cannot be turned off, Lawyer Liu Wenhua mentioned that on the one hand, the market has a self-regulating function, and consumers will “use Foot voting”; on the other hand, it should be resolved by the administrative department to strengthen the supervision of software operators, the State Internet Information Office, the Ministry of Industry and Information Technology, and the State Administration for “Regulations” and the “Internet Advertising Management Measures” promulgated by the State Administration for Market Regulation have special regulations on this.
Source: Jimu News
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