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Anti-virus software to face lawsuits
 
From: Jongo News
January 17, 2007 17:43 Beijing Time
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Recently, the Jiangmin corporation, a famous anti-virus software manufacturer in China, received a letter from a lawyer at Yahoo China. In the letter, Yahoo China protested that Jiangmin anti-virus software "KV2007" has included its "Yahoo Assistant" and "Alibaba Network Real Name" into the clearance list of rogue software. In addition, South Korean anti-virus manufacturers "AhnLab" and "Qihoo 360 Security Guard" were taken to the court by Yahoo China and lost in their first trial.

Signs show that the anti-rogue software campaign is at its turning point. On the one hand, rogue software is escaping punishment and is a source of continuing disturbance to netizens; on the other, more and more anti-malicious software manufacturers are frustrated at the court because of the lack of legal foundation for dealing with these matters. "Rogue software is likely to continue spreading in virtue of this," said Yu Guofu, a well-known lawyer in the internet circle.

As Yahoo China has won several cases recently, it has found the encouragement to bring a lawsuit against the anti-virus manufacturer Jiangmin, claiming that Jiangmin violated its rights. Yahoo China claims that Jiangmin anti-virus software "KV2007" included "Yahoo Assistant" and "Alibaba Network Real Name" into the clearance list of rogue software

Previously, controversial software manufacturers were seldom in confrontation with software security manufacturers. However, experts say that launching a lawsuit is the ideal way to counterattack anti-rogue software, because the gap of relevant laws and regulations will look favorably on the action.

Experts say that according to relevant reputation clauses in the "General Principles of Civil Law", if the Jiangmin corporation can provide proof that "Yahoo Assistant" is actually a viral software, Jiangmin cannot be in violation of Yahoo China's reputation rights. Meanwhile, Jiangmin may be encountered with the same burden that the word "malicious" is derogatory and there is no legal basis to entitle "Yahoo Assistant" as "malicious software". Jiangmin, however, argued that no characters "malicious software" appear in its anti-virus software. It described "Yahoo Assistant" as an "abnormal installation and unable to unload".

Although some anti-virus software manufacturers face the pressure of Yahoo China's lawsuit, they all claim: "no matter what obstacles we will be confronted with, we will continue to inspect and eliminate rogue software to the end."

 

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