The company’s batch "painting powder" and false creation of "gold medal anchor" were found to constitute unfair competition.

  Workers’ Daily News (Reporter Zou Yiran) Watching live webcasts has now become a daily pastime for many people. However, the "golden anchor" with many fans may be "wet". Recently, the Internet Court in Hangzhou, Zhejiang Province made a judgment on a dispute case involving infringement of the right to disseminate works information on the Internet and unfair competition, and a software service company compensated 1 million yuan.

  Plaintiff Aauto Quicker Company is the main operator of "Aauto Quicker APP". The defendant company is a service provider of live broadcast field control software. According to the original report, the live broadcast field control software service provided by the defendant can centrally control a large number of mobile phones, and batch use the "Aauto Quicker" account to praise, give gifts, comment and pay attention to the designated live broadcast room. The anchor who uses this software can manipulate the "fans" in the live broadcast room artificially, thus creating false popularity and popularity. The defendant’s behavior violated consumers’ right to know and choose, endangered public interests and constituted unfair competition. Therefore, the defendant was required to immediately stop unfair competition, immediately cancel all relevant Aauto Quicker accounts used by him to increase false popularity, and compensate for the loss of 4.56 million yuan.

  The defendant argued that the plaintiff’s subject qualification was flawed and he had no right to file a lawsuit in this case. The defendant has taken the initiative to delete the controversial information of the website involved, stopped the litigation-related business activities and successively refunded the users. There is no malicious infringement, and the plaintiff has no right to cancel the relevant accounts. The alleged infringing software did not cause great economic losses to the plaintiff, and the number of accounts in Aauto Quicker, the number of live broadcasts and the profit made by the plaintiff were not true.

  The court held that Aauto Quicker Company obtained data such as user visits, likes and comments by operating Aauto Quicker software, formed the time and stickiness of users’ use of Aauto Quicker software and products, gathered user traffic and realized benefits through traffic, all of which belonged to Aauto Quicker’s competitive advantage, and such commercial interests should be protected by law.

  The defendant used the alleged infringing software to help Aauto Quicker anchor to make false propaganda about the number of attention, fans, likes and comments on its live broadcast, which led to obvious misleading of consumers, wrong cognition of fictitious data and user evaluation, affected the authenticity of data on Aauto Quicker platform, destroyed the algorithm evaluation and recommendation system of Aauto Quicker platform live broadcast room and the real and honest interactive ecosystem created by Aauto Quicker software, harmed the legitimate rights and interests of other operators and consumers, and disrupted the market competition order.

  Judging from this case, the live broadcast field control software has evolved from the operation of cultivating virtual accounts in batches without real names in the initial stage to the centralized use for "brushing powder" and brushing amount of webcasts after obtaining the authorization of real accounts in batches on the platform, which increases the difficulty and cost of platform governance while facilitating the fraud of live broadcast traffic, and also nourishes the black and gray industrial chain of online account leasing and trading, and should strengthen regulation according to law.

  In the end, the court ruled that the defendant’s behavior constituted unfair competition and ordered him to stop unfair competition and compensate for the loss of 1 million yuan.

Volvo just bought half a month’s car paint, and it bulges in many places. 4S shop: The reason has not been found out yet.

  Half a month after the arrival of the new car with a price of 360,000 yuan, there were many bulges in the paint of the whole car. Recently, Ms. Yang, the owner of Suzhou, was caught in a long dispute because of the quality problem of the new car. She told The Paper that after the incident, the 4S shop tested the car many times, and the test results changed again and again. So far, an authoritative test report has not been given, and she asked the 4S shop to return the car, which was also rejected.

  In this regard, on November 19, a relevant person in charge of Suzhou Zhongsheng Wohao Automobile Sales Co., Ltd., a 4S shop involved, said that the reason for the bulging of automobile paint has not yet been ascertained, but according to the national automobile three-guarantee policy, it has not yet reached the standard of returning cars, and only the bulging position of automobiles can be repaired.

  The staff of Volvo Car Customer Service Center didn’t respond to the quality problem of car paint, saying that if there is a problem with the car, the customer needs to negotiate with the dealer to solve it. Whether to return the car or not will be judged according to the national car three-guarantee policy and process.

  There is a quality problem in picking up the car for half a month, and the change of car is rejected.

  In August this year, Ms. Yang bought a new Volvo xc60 car in Suzhou Zhongsheng Wohao Automobile Sales 4S Store, and the landing price was about 360,000 yuan. However, half a month after picking up the car, Ms. Yang found that there was a problem with the car paint. "First, there was a bulge in some parts of the car. At that time, I thought it was glued, so I didn’t care much."

The small drum bag appeared in the car. The pictures in this article are provided by the respondents.

  The small drum bag appeared in the car. The pictures in this article are provided by the respondents.

  The real problem was found at the end of September this year, when Ms. Yang sent her new car to a car wash shop for cleaning. She told The Paper that during the cleaning, the car wash master told her in confusion, "This car looks like a new car. Why are there so many bulges on the body?" Under the reminder of the car wash master, Ms. Yang found that those places that looked like "sticky dirt" were originally small bags that were raised one by one. These small bags appeared in many places in the whole car, and some small bags were densely connected together, making the car look like "acne" and the surface was uneven.

There are hundreds of bulges in the whole car paint.

  There are hundreds of bulges in the whole car paint.

  A mechanic told The Paper that the problem of bulging of automobile paint surface generally appeared in older cars. "For example, if the primer was sprayed with topcoat before it was dry, such a problem would easily occur. However, the new car has not been seen before, and the painting of the new car before leaving the factory is computerized, which is unlikely to happen. " He said that if the bulging problem is not dealt with in time, the area will gradually expand, which may eventually lead to the paint falling off in many places.

  At the beginning of October, Ms. Yang drove the car to Suzhou Zhongsheng Wohao Automobile Sales and Sales 4S shop for testing. She told The Paper that the technicians polished the bulging parts of many car paints, and did not solve the problem of bulging. "At that time, the technicians said that this was not an external (paint) problem, but an internal problem."

  Ms. Yang said that she asked for a car change on the spot, and the 4S shop also said that it would not shirk its responsibility. In the live recording provided by Ms. Yang, it can be heard that the staff of the 4S store said that "they will not shirk their responsibilities". In the recording, Ms. Yang’s lover mentioned that "these points are bulging from the inside, and now they are all cobwebs". The staff of the 4S store also agreed and repeatedly admitted that they can take responsibility on behalf of the manufacturers.

  At the end of October, the 4S shop contacted Ms. Yang again to test the car to determine whether the car was self-painted. Ms. Yang said that after the on-site painter’s appraisal, it was determined that the car had no traces of self-painting. "At that time, we also put forward the demand of changing cars. The 4S shop said that it would bear the responsibility, but we still need to wait for the appraisal results of Volvo manufacturers."

  At the end of November, under the remote guidance of Volvo factory technicians, the 4S shop tested the car for the third time. "The manufacturer first asked for polishing to see if these bulges were stuck on it, but polishing did not solve the problem. On the spot, the staff of the 4S shop repeatedly told the manufacturer that this was an internal problem, not an external one." Ms. Yang said that after the polishing failed, the manufacturer’s technicians proposed to cut the paint surface of the bulging part for inspection. However, after cutting the bulging part to the white metal layer, there were still problems. "At that time, the technicians of the 4S shop told us that there was a problem with the primer, which led to the bulging of the paint surface. If there is a problem with the primer, it can be said that the problem lies before the car leaves the factory. "

  Ms. Yang told The Paper that the staff of the on-site 4S shop said that the test report issued by Volvo manufacturers would be available the next day after the test, and the solution would be determined according to the test report. However, since then, Ms. Yang has repeatedly urged that the 4S store always responded with "the manufacturer has not provided it yet, and we will follow up".

  On November 16, Ms. Yang called the 4S shop again, and the staff gave the manufacturer’s test conclusion orally. According to the telephone recording provided by Ms. Yang, the staff of the 4S shop said: "Now the analysis is that both the tail and the fender of the car have bulging problems, but the tail and the fender are not painted by a supplier, and both of them have problems. It is initially determined that it is caused by the external environment, not the paint itself."

  This statement made Ms. Yang unacceptable. "After checking for more than a month, the master had already said that there was a problem with the primer. Now, not only did she fail to give a qualitative reason, but she also shirked the responsibility to the external environment?" In addition, Ms. Yang said that she had repeatedly asked for a test report, but none of the 4S stores could provide it.

  4S shop: Why did the car paint bulge appear? The reason has not been found out yet.

  In view of the above situation, on November 19th, The Paper contacted Suzhou Zhongsheng Wohao Automobile Sales 4S Store, and a relevant person in charge of the store said that the specific reason for the problem of Ms. Yang’s car has not been found out yet. "There has never been a problem of new car paint bulging before, and we are now investigating with manufacturers whether it is a production line problem or a paint surface corrosion pollution."

  The person in charge said that in the previous testing process, 4S shop technicians pointed out that it was a problem of primer coating. This was a personal judgment made by the technicians and could not be used as a qualitative reason. Only the testing report issued by the manufacturer could be used as an authoritative report. He said that the reason why the test report was not provided to Ms. Yang was because she was going through the stamping process and could show it after the stamping. If Ms. Yang could not accept the test results at that time, the 4S shop agreed to have the vehicle tested by the Quality Supervision Bureau.

  At present, the 4S store thinks that Ms. Yang’s request for car replacement can’t be satisfied, and said that she has never promised Ms. Yang’s request for car replacement before. "We can deal with the bulging place of the car and let the car drive beautifully on the road, but if it is required to return the car, it has not yet reached the requirements for car replacement in the three-guarantee policy of the car, and we can’t return the car."

  Regarding the 4S shop’s statement, Ms. Yang insisted that she only accepted changing cars or returning cars. "Our new car has problems for half a month. Now there are more than 100 bulging places in the car, which are polished and cut. It is completely unrecognizable. Even if it is painted, the new car looks like a used car." Ms. Yang believes that the problem of bulging is obviously the quality problem of the car itself.

  Is the new car paint bulge a quality defect of the vehicle? The reporter from The Paper called Volvo Car Customer Service Center for many times, but the staff who contacted for many times did not respond for reasons such as "feedback to relevant departments" and "no authority to express their views". Regarding Ms. Yang’s request for car replacement, the staff said that the dealer is a window for direct customer service on behalf of the manufacturer. It is suggested that customers negotiate with the dealer, and whether to return the car or not will be judged according to the national three-guarantee policy and process.

  On November 20th, the reporter from The Paper inquired about the Quality Control Section of Wuzhong District Market Supervision Administration, Suzhou. The staff of this section said that the quality problems of automobiles can be solved according to the automobile three guarantees policy. Regarding the quality problems of the new car proposed by Ms. Yang, the staff said that they would arrange quality inspectors to conduct an investigation and then give a response after the investigation.

One ticket is hard to find! The search volume has soared by a hundredfold! Waist flag football has become the new favorite of young people! Where’s the fun?

After camping, frisbee and other outdoor sports lead the trend, a sport called waist flag rugby has recently become popular in many cities across the country. Not only is it hard to find a venue ticket, but some schools have also included it in the physical education curriculum.
The flag football has caught fire in some schools and included it in the physical education curriculum.

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△ CCTV Finance "Economic Information Network" column video
Different from the traditional rugby rules, waist flag rugby is not allowed to hug and push people. The defender needs to pull out the waist flag of the attacker who holds the ball, while the attacker needs to take the ball to the touchdown for a limited number of times. A coach told reporters that compared with the intense physical contact of traditional football, waist flag football is more gentle and more interesting.
The person in charge of the club said that the sport quickly became popular among young people aged 20 -40 this year because of its relatively simple entry.
Easy entry and high interactivity may be the reasons for the popularity of this sport. The reporter observed that in addition to the coaches and team members, the scene was also equipped with special photographers, who were responsible for capturing everyone’s sports moments and sharing them for the first time. On a social platform, searching for flag football shows that there are more than 10,000 shared notes.
Wang Zhuma, head of trend sports in a social platform sports group:In March this year, the data ushered in an explosive growth, and by May this year, the release volume increased by 2.7 times compared with that in March, and the search volume about flag football reached a very exaggerated growth of several hundred times.
It is hard to get a ticket at night, and rugby is gradually industrialized.

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△ CCTV Finance "Economic Information Network" column video
In just a few months, flag football has attracted the attention of many young people. What is the cost of participating in this sport and what are the requirements for the venue?
The person in charge of the operation of a stadium in Baoan District of Shenzhen told the reporter that every weekend is the most full time here. This year, in addition to daily training, their football field has many more players playing flag football and Frisbee, and the venue reservation will be robbed as soon as it goes online.
Wang Chao, general manager of a sports culture development company in Shenzhen:On the platform, a new day’s venue is launched three days in advance. Basically, the new day’s venue is released. Within 5 minutes at 0: 00 in the morning, the venue will be robbed by everyone. From Monday to Sunday, prime-time performances are basically fully booked.
Wang Chao’s prime time refers to two performances at 6:30-8:30 and 8:30-10:30 in the evening. At present, even the night show, which doesn’t end until 10: 30 in the evening, is still hard to get a ticket.
From the perspective of organization and operation, participating in flag football includes venue fees and coach fees, most of which are within 100 yuan per person.
In addition to attracting office workers, the flag football is also entering the campus. In April this year, the Beijing Primary and Secondary School Sports Association issued the Notice of the 2022 Beijing Primary and Secondary School Flag Football Competition to promote the comprehensive promotion and development of this sport. According to industry insiders, there will be more and more professional teams and professional events around the flag football in the future.
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(Editor Sun Yonghui)
Reporting/feedback

Financial support for science and technology, the real economy, just give money? It’s not that simple.

On September 22nd, at the 5th Bund Financial Summit in 2023, discussions on how finance can support science and technology innovation and support the real economy kept coming.

Experts pointed out that the biggest problem for scientific and technological innovation is how to deal with the risks and uncertainties faced by innovation and how to cross the "valley of death"; Risk pricing and risk allocation are the most basic and important functions for the financial system. It is these that make finance and technological innovation have a natural connection, and also provide a perfect reason for finance to support technological innovation.

However, "the lack of risk identification ability, the dysfunction of risk pricing and risk allocation are precisely the Achilles heel of China’s financial system, which has also become the fundamental reason for the lack of financial support for scientific and technological innovation." Zhang Xiaojing, director of the Institute of Finance of China Academy of Social Sciences and director of the National Finance and Development Laboratory, said that the "structural advantages" of state-owned enterprises, the development responsibility and soft budget constraints of local governments, the institutional preference of financial institutions and the central government’s last resort have led to the irrationality of risk pricing and allocation of financial resources. However, he also stressed that the government should not play a role in supporting innovation and economic and social development, but "on the premise that the market plays a decisive role".

In addition to the weakness of the financial market, "ideological enlightenment" is also a key word. "Financial support for science and technology innovation needs an’ ideological enlightenment’." Traditional thinking is that "present" is the cumulative result of all "past"; What financial thinking values is the capitalization of "present" and "future". The value of capital depends on the expectation of the future, not the past, which is a real revolution and ideological enlightenment in epistemology. It is for this reason that the theoretical basis of financial support for science and technology innovation is that the current financial support for science and technology innovation should depend on the expectation of future scientific and technological innovation achievements.

This requires better tolerance. "Subversive innovation will have its own peers? Will there be a historical reference? None. " Zhang Xiaojing believes that it is necessary to enhance the inclusiveness of science and technology evaluation standards. At the same time, at the micro level, investment failure should be allowed, and state-owned enterprises should establish a fault-tolerant mechanism; To tolerate fluctuations and bubbles at the macro level, keeping the bottom line of risk does not mean zero tolerance for financial risks. The function of finance is realized in fluctuation, just as the function of price mechanism is that price is realized around value fluctuation, which means that supervision should be inclusive.

According to Xu Ming, a professor at the School of International Finance and Law, East China University of Political Science and Law, technology and capital are two wings of the real economy, while technological innovation and capital market innovation are two engines. He believes that capital market innovation can further stimulate the basic functions of the capital market, thus better serving the real economy.

How to innovate capital market? Xu Ming believes that from the perspective of financiers, it is necessary to further expand the proportion of direct financing. At the same time, the registration system should take the road of marketization. The marketization construction of capital market needs to handle "four relations" well. 

The first is the relationship between the government and the market. "This market should be: clear expectations and trust-based. Capital market is expected market, information market and capital market. Among them, expectations and information are prerequisites. Without information and expectations, capital cannot enter the capital market. " In Xu Ming’s view, the marketization of the registration system should first be expected clearly. On the one hand, it is necessary to maintain the scientific, reasonable and normal IPO issuance, on the other hand, it is fair and transparent in information disclosure.

The second is the relationship between the government and enterprises. To give the option to the market, the listing and pricing should be decided by the market.

The third is the relationship between the government and investors. In the process of IPO, information disclosure should be oriented to the needs of investors.

In addition, the relationship between the government and the intermediary agencies is to clarify the responsibilities and return to their duties. "The government can’t make decisions instead of intermediaries. The responsibility of the intermediary itself is fidelity. "

Editor-in-Chief: Zaifei

Author: Liu Huiyu

Source of the title map: upper view of the title map

Photo editor: Shao Jing