Taobao Siege: Small Businesses Have &Nbsp Rights Protection; Big Sellers Claim No Drama.

Recently, Taobao mall has increased the access threshold, causing small businesses to attack big sellers by malicious advertising links and malicious pre orders.

In this regard, legal experts believe that legally speaking, Taobao mall and damaged sellers can find "attacker" claims, but because of the large number of attackers, geographical dispersion and evidence collection problems, in fact, it is also difficult to recover.

In October 10th,

As soon as the announcement came out, the small and medium-sized merchants who were unable to bear the burden were very dissatisfied, and then attacked the big sellers by malicious click on the advertising links and malicious pre purchase methods.

After the incident, Taobao mall announced that it had reported it to the police.

Since then, the two sides have been in a "confrontation" state until yesterday morning, a few days of "attack" temporarily suspended.

Many small and medium-sized businesses believe that this kind of acts of safeguarding people's rights is the use of the provisions of Taobao mall, not illegal, and the law is not responsible for the public.

Regarding this, Zhao Zhanling, a researcher at the intellectual property research center of China University of Political Science and Law, believes that small and medium-sized businesses (those who have evidence to support the attack on the big sellers) attack the big sellers in a malicious way, which is a "malicious negotiation" under the contract law.

And malicious click advertising links for the interests of the sellers, constitute unfair competition, which is similar to malicious Baidu click promotion links.

Zhao Zhanling said that there are two kinds of direct and indirect losses, which are direct losses, such as the expenses that a large seller has to make because of signing a contract and performing the contract. However, the cost is difficult to prove. Indirect loss is mainly a loss of profits. Because of unclear legislation, whether there is uncertainty in the support of the law court.

He said, because the number of small and medium-sized merchants who launched "attacks" is large and scattered, and it is difficult to distinguish between genuine and fake buyers. In fact, it is very difficult for damaged businesses to pursue the responsibility of "attackers" one by one.

And for the Taobao mall, which triggered the "siege incident", Zhao occupies the view that Taobao mall really did not fully consider the interests of small and medium-sized businesses, and the increase in service fees and margin standards led to a significant increase in the threshold for small and medium-sized businesses and a significant increase in operating costs.

In addition, there is a service contract relationship between the small and medium-sized businesses and the Taobao mall which have already paid a year's service charge. Taobao mall should provide 1 years' contract according to the contract.