Following Zhongsou.com, Yahoo! China, one of the country's leading Internet
search websites, has become the second defendant in a legal campaign launched by
a grassroots netizen organization against 'hooligan' software applications.
The Beijing-based Anti-Hooligan Software Federation began court proceedings
against Yahoo! China in the Haidian District People's Court on Monday.
It accused the search website of forcing the installation of software which
cannot be removed, mainly Yahoo! Assistant, on Internet users.
Yahoo! Assistant is a browser 'helper' for Internet Explorer which 'pops' up
on your computer without your permission and might give you information on
things you do not want.
Generally, hooligan software includes such things as adverts (which you don't
want to look at), spyware (which can steal your personal information), trackware
(which can find out where you live and work) and malicious software such as
pornographic information.
They pop up uncontrollably and might steal personal information or introduce
viruses.
Dong Haiping, leader of the federation, said it is demanding 94 yuan
(US$11.7) in compensation from Yahoo! China.
According to Dong, the classification of hooligan software is based on the
opinions of the majority of netizens and professionals within the IT industry.
"Our appeal is mainly based on property rights in Civil Law and the
Consumer's Interest Protection Law. We are confident we will win the case as we
have collected enough proof before deciding to sue," said Dong.
Gong Meng, a spokesman for Yahoo! China, told China Daily yesterday that
though it has not received any notice from the court yet, the firm's legal
affairs department is preparing evidence to fight the case.
Gong said that since technical adaptations last September, the company now
asks for a user's permission before the installation of Yahoo! Assistant.
"Therefore, saying the tool is hooligan software does not hold water," said
Gong.
Yahoo! Assistant allegedly helped to generate as much as 200 million yuan
(US$25 million) for the company before June 2005.
The money apparently comes from firms which pay for their company names to
appear first on a 'list' of possible products or services when a particular
search is entered.
The federation also began to sue China Search Engine earlier this month.
Dong, leader of the Anti-Hooligan Software Federation, said the legal spat
will last for a while, as the federation plans to sue 20 companies in total when
enough proof has been collected. Targets include leading websites such as
Ebay.com and Baidu.com.
Dong, unwilling to reveal his profession, claimed he, like the rest of the
60-member federation, is a victim of hooligan software.
Rumours denied
Dong denied rumours that the federation was being manipulated by rival IT
companies of the defendants. He emphasized that it is a voluntary organization
with no commercial relationships with IT companies.
The campaign is thought to be the first of its kind launched by netizens
against software companies.
Experts said the absence of legislation in preventing hooligan software has
added to the difficulties involved in fighting such cases.
"The country should strengthen legislation in the field and better protect
the interests of netizens," said Huang Jinshen, a voluntary lawyer with Dong's
federation. Many netizens welcomed the lawsuit.
"These 'gang' softwares harass us enormously. They pop up as soon as I log on
the website and can record my personal information without my being aware of it.
This poses a great threat to personal privacy," said Wang Xiongjun, a student at
Peking University.
(China Daily 09/13/2006 page3)
