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Dianping.com wins 3m yuan compensation from Baidu
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Local lifestyle information website Dianping.com on Thursday won more than 3 million yuan (US$457,338) in compensation from search engine provider Baidu Inc in an unfair competition case.
The Pudong New Area People’s Court ruled that Baidu’s unauthorized use of Dianping’s images and user comments was unfair and ordered it to stop using them.
Shanghai Hantao Information Consulting Co, which owns Dianping.com, found that Baidu’s map and post bar services used lots of Dianping’s images and user comments since 2012. Hantao argued that it amounted to stealing its users, loss of network traffic and unfair competition.
Some of the Dianping’s data were also found on another website city8.com, whose owner Shanghai Jietu Software Technology Co cooperated with Baidu on its maps.
Hantao then fled a lawsuit to the court against the two companies to the court.
Baidu argued that it provides searching service while Dianping was a lifestyle website for restaurants and food delivery services. It said there was no competition between them.
It added that information like user comments were not created by Dianping and did not come under the Copyright Law.
Jietu, on its part, said what it did was legal as it was authorized to use Baidu’s information and never intended to infringe on Dianping’s rights.
The court however said it found that the information services that Dianping and Baidu offered were very similar which meant that competition existed. Baidu’s use of large amount of Dianping’s data could have led to losses.
The court also said that Baidu also has its own group purchase service linked to these pages, which can steal Dianping’s trading opportunities.
Jietu was not penalized as it was authorized to use the image and information on Baidu Map. The court said it did not amount to any infringement.
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