In recent years, Internet companies to compete for entrance and flow are frequent disputes over unfair competition disputes gradually extended to the mobile internet. In December 2016, the Android Market to HUAWEI mobile phone security tips constitute unfair competition on the grounds of the Haidian court proceedings, asked HUAWEI for an apology and compensation for 500 thousand yuan.
According to the Android complaint, users download the Android Market APP and APP part of the game through the browser, HUAWEI mobile phone operating system will pop up the application without HUAWEI’s application market testing, please be careful when installing the prompt, users select I have fully understood the risk, to continue the installation, will pop up the application of safety tips without HUAWEI market safety testing, careful installation. Continue installation or use may cause damage to the device or data loss.
The test found that the user can click on the button to continue after the user interface to install the application, the user does not take the initiative to click on the official recommendation button, HUAWEI mobile operating system will not actively recommend the relevant procedures. HUAWEI safety tips act called converting unfair competition, BASF prosecution not deliberate on the wine.
Mobile phone manufacturers have been subject to third party app store sniper
In recent years, the rapid growth of mobile phone manufacturers market share. The NEWZOO data of Holland institutional research data shows that as of October 2016, Tencent, Baidu 360 and three still occupy the Android application store nearly 60% market share, but millet, HUAWEI, OPPO, VIVO and other mobile phone manufacturers are catching up. Compared with September 2015, the third party application store market share has dropped from 82% to 70.23%, mobile phone application store market share rose from 30% to 42.24%.
From the market share and growth rate of active users, HUAWEI application market and millet app store app store mobile phone manufacturers are ranked the top two, it has become the object of the third party application store key sniper. In addition to the previously mentioned case of HUAWEI, March 2016, the same 360 to install the software when the pop-up security tips constitute unfair competition, filed a lawsuit against unfair competition millet.
Safety is the Android app store unavoidable weakness
The third party application store is so sensitive to the safety tips, in part because safety is always unavoidable weakness of Android platform.
首先，99.6%的移动互联网恶意程序通过安卓应用商店传播。2015 年，国家互联网应急中心通过自主捕获和厂商交换获得移动互联网恶意程序数量近 148 万个，较2014 年增长 55.3%。恶意程序主要出现于应用下载渠道分散且不易管理的安卓平台，占比达 99.6%以上。据国家互联网应急中心统计，129家安卓应用商店发布的4372551个APP中，包含有8917个恶意应用，平均检出率为千分之二，典型的恶意行为包括资费消耗、流氓行为、恶意传播、诱骗欺诈、恶意扣费、隐私窃取等。
First, 99.6% of mobile Internet malware spread through the Android app store. 2015, the national Internet emergency center through independent capture and vendor exchange to obtain the number of mobile Internet malicious programs nearly 1 million 480 thousand, an increase of 55.3% compared to 2014. The malicious program mainly appears in the application download channels scattered and difficult to manage the Android platform, accounting for more than 99.6%. According to the national Internet Emergency Center statistics, 4372551 APP 129 Android app store release, contains 8917 malicious applications, the average detection rate was 2\/1000, the malicious behavior typically include tariff consumption, malicious hooliganism, communication, phishing fraud, malicious chargeback, privacy theft etc..
其次，安卓应用商店成为手机病毒传播的最主要渠道。2015 年，国内Android 病毒包数量也出现迅猛增长，全年新增病毒包 1670.4万。从手机病毒的传播渠道来看，由于国内应用市场下载渠道分散，且各渠道审核标准高低不同，造成应用市场仍是手机病毒传播的最主要渠道，占比达到 20%。
Secondly, Android application store has become the main channel for the spread of mobile phone virus. 2015, the number of domestic Android virus package also appears to grow rapidly, the new virus package 16 million 704 thousand. From the mobile phone virus transmission channels, because the domestic application market download channel dispersion, and each channel audit standard level of the main channel caused by the application of the market is still the spread of mobile phone virus, accounted for 20%.
Again, the third party application market is widespread application of re packaging and modify permissions. The research group of Xi’an Jiao Tong University were monitored from the 150 application of the Android Market and other five third party applications on the market were randomly selected, compared with the official website version, 33.17% applications are packaged in 19.58%, the application to modify the permissions. In the application of the modified permissions, there are 45.95% ultra vires, abuse of authority behavior 27.03%%.
Finally, the third party application store audit lax promote the spread of malicious software. According to TechWeb media test, including sneak flow, steal the user mail list and other functions of the malicious software can release shelves smoothly through the Android Market Application store and three party audit.
Mobile phone manufacturers around the user to build ecological security system
There is no domestic Android application testing and certification mechanism of government authority or third party dominant, before the popularity of digital signature system, in order to protect the safety of users, ensure that the user experience, some mobile phone manufacturers chose to set and implement more stringent security audit standards, began to establish the ecological security operating system based on the application from the entrance, HUAWEI is the most typical representative.
According to the report released by HUAWEI, HUAWEI’s application market using the technical support personnel to ensure the cloud synergy security funds security four security system, from the developer certification application submission – check – shelves each link layer checks to prevent malicious applications. In the first half of 2016, HUAWEI application market audit of more than 200000 applications, of which 90000 did not pass a variety of security audit, application audit pass rate was only 55%, the strict review of the audit standards.
The dragons and fishes jumbled together third party application store increases the risk of users and mobile phone operating system, HUAWEI’s response is in the user installed without testing proved safe and reliable third party application store, to give the necessary safety tips, this approach has been the third party application store boycott.
The boundary between user security and barbaric growth
The entrance of the dispute is not different mobile phone manufacturers and the third party application store is simple, but represent two different ideas: one is the mobile phone manufacturers to establish industry standards and unified user experience efforts, on the other hand is the third party application store requires unrestricted barbaric growth of rights. The real question is, how do we define the appropriate boundaries between the two?
The problem is not so easy to answer, because the third party app store and mobile phone manufacturers do not compete at the same level. On the third party application store providers, master the flow of everything, while providing intelligent terminal and operating system of mobile phone manufacturers, you need to be responsible for the entire brand and ecology.
Under the existing security ecology, each potentially malicious program may become the object of user complaints. In the huge user base, each of the real complaints will be caused by mobile phone manufacturers on the economy and reputation on the double loss. Equipment stability, data security, software compatibility problems, using the experience of product liability or even any of the links, will directly affect the product sales and brand image, and even endanger the survival of mobile phone manufacturers, Samsung Corp font gate and the explosive doors are on the beach a painful lesson.
If we think that mobile phone manufacturers can not let things drift to user security cannot ask, then the mobile phone manufacturers in the users to install the application may increase security risks can only stand by. Mobile phone manufacturers as intelligent terminal manufacturer, operating system developers, at greater risk at the same time, the risk management should enjoy the rights, as long as the exercise of this right does not infringe the legitimate rights and interests of others, limiting the user’s freedom of choice or affect the normal order of market competition.
AZ v. HUAWEI, is the case, it is not a simple case, the direction of the case related to the field of mobile Internet industry rules, the Beijing court had created a series of insightful judgment rules, this time, let us wait and see.
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