Tencent Youku VIP free? Business experience of sharing member account platform

Video website member account free gift? Such a good thing will make many netizens excited, but there is no completely free lunch in the world. Recently, Youku sued a sharing account platform in court. < / P > < p > on August 18, a news that “Youku sued the shared VIP platform for compensation of 1.9 million” appeared on the microblog hot search list. On August 19, a reporter from shell finance and economics of Beijing News downloaded the relevant shared VIP platform and found that it had stopped serving. However, there are still many websites offering “shared VIP account” free of charge in the market. < / P > < p > the reporter found that although these websites claim to have a large number of free accounts to provide, almost all the free accounts can’t log in due to the need for verification and locking. If you want to truly experience the “shared” account, you have to pay for the website’s own member services. Under the temptation of free, most websites in the name of “sharing” are actually engaged in reselling VIP experience cards and selling accounts. < / P > < p > “users often sign agreements with the platform when purchasing VIP members on the video platform. If there are specific agreements in the agreement, such as not sharing with others, buying and selling member accounts, the member’s violation of the agreement will constitute a breach of contract. In addition, for the video platform, the business model of the sharing account website actually grabs its normal business profit in a dishonest way. The way of sharing account number will affect the income and profit of the video website, and may constitute unfair competition, which will also be subject to the anti unfair competition law. ” Zhao Hu, a partner and lawyer of Beijing Zhongwen law firm, told shell financial reporters. < / P > < p > “this software integrates the content of iqiyi, Youku and Tencent video, without switching back and forth between apps, one app can see all of them.” Under the comments of Huawei’s App Store miaow video app, some users said so. How does an app aggregate the content of three video websites? On August 18, the website of Haidian District People’s Court of Beijing said that it had accepted the case of Youku suing Miaomiao video (originally referred to as cat video, which was verified by shell financial reporter of Beijing News) and disclosed the operation mode of mimow video. < / P > < p > according to the article, according to Youku company, in the mobile app “mimow video” developed and operated by Beijing dianwo Network Technology Co., Ltd., users can exchange Youku VIP equity card after obtaining virtual currency of “mimow video” platform by uploading VIP member accounts of major video platforms or completing other limited tasks. After obtaining the equity card, users can watch Youku’s VIP movie source in the “mimiao video” app. That is, when users demand the video content of Youku members in the “mimiao video” app, the platform will automatically bind the user to log in to other’s Youku VIP member account for the video online day. The shell financial reporter of Beijing News downloads the mimow video. It is found that the app can still be downloaded and installed, but after opening, the app can be downloaded and installed It can’t be used any more. The app will jump out of “unknown error” frequently. According to the information displayed on the interface and the comments, the reporter noticed that users can indeed earn “gold coins” by sharing their own VIP accounts and playing games in the app, and then get VIP free of charge from other video websites, so as to watch the paid content of members of iqiyi and Youku. < / P > < p > it is worth noting that Youku platform clearly states that its member users only have the right to use Youku’s VIP account, and shall not provide it to others by means of transfer, lease, borrowing, sharing, selling, etc. The opening and use of Youku VIP member services shall be conducted through the official announcement or authorization of Youku. The VIP member services illegally obtained through other channels, channels and methods are not protected. Shell financial reporters from iqiyi member related rules also found that iqiyi members shall not resell, transfer and other similar provisions. < / P > < p > in this lawsuit, Youku thought that the “sharing VIP” of mimow video had damaged the membership management system of Youku and constituted unfair competition, and sued Beijing dianwo Network Technology Co., Ltd. to the court, demanding that the unfair competition behavior be stopped immediately, and the economic losses and reasonable expenses should be 1.9 million yuan. This is not the first time that Beijing dianwo Network Technology Co., Ltd., the operator of meow video, has been sued. According to the enterprise investigation data, the company has copyright and infringement disputes with Tencent, Shanghai Xinglv network and Beijing Xiaoming zhumeng data. As the defendant, the company was sued by the above companies in May 2016, may 2020 and June 2020 respectively. Among them, the Shanghai Star law network operates game apps, while Beijing Xiaoming zhumeng data operates a movie app. < p > < p > according to a survey conducted by shell financial reporters, in addition to mimow video, there are many sharing websites providing video websites and free online disk membership accounts. < / P > < p > on August 18, a reporter logged into a VIP account sharing website and found that the website said in its announcement that “it is not for profit-making purposes, sharing, free and mutual assistance are the service tenets of the website. We regularly release the VIP accounts of < / P > < P > platinum member accounts, iqiyi member accounts, Youku member accounts and other websites every day.” According to the website guidelines, a reporter has been concerned about the public account and successfully received the official account and password of Youku, which was publicly available in August 18th. The website said that the free account should be first registered on micro-blog and then registered on micro-blog’s Youku account. However, in the actual login process, the reporter found that although he could log in to the microblog, he was told in the follow-up process that SMS verification was needed, and finally the login failed. There is a routine behind the unsuccessful process of < / P > < p >. The reporter noted that although the above websites claim to be able to provide VIP member accounts for free, they will be prompted such as “multiple login accounts will lead to instability”, and said that if you want the account to be stable, you can purchase member accounts from the website. The available member accounts almost cover all the video apps, and the price is lower than the direct recharge member account. < / P > < p > on August 19, the reporter purchased the “sharing number” of Youku 25 day members for 6.3 yuan on a sharing account website. The website said in the purchase prompt that the account was rented to 2-3 people to share one account, so “you can’t log in to the second device”. In contrast, regular channels to buy Youku members selling price of 15 yuan. Youku is currently on sale at a discount of “99 yuan members”, which costs 46 yuan on the website. < / P > < p > in addition, the reporter also purchased the activation code of iqiyi gold VIP members for 7 days on another sharing account website at the price of 5.9 yuan. Iqiyi official prompt, activation code “prohibit reselling, transfer, not cash.”. < / P > < p > some netizens said that in fact, video websites often have a variety of activities. For example, iqiyi can get free 7-day member experience from different channels such as QQ music score and Unicom video rights assistant. The sharing account platform takes advantage of this to sell the 7-day trial account activation code at the price of 5.9 yuan, which achieves the effect of “no cost profit”. < p > < p > on August 19, the Beijing News reporter saw that iqiyi’s 7-day trial account activation code was sold as a commodity on several shared account platforms, with prices ranging from 4.9 to 5.9 yuan. < p > < p > in addition to selling accounts at a low price, shell financial reporters found that in addition to selling accounts at low prices, there are also websites known as “free sharing accounts”, which do not provide free accounts. Instead, they will be prompted by browser pop-up window: the website is a fraud website, and if you continue to visit, it may lead to the theft of money or account number. In addition, the website contains many advertisements for downloading apps involving pornography. < p > < p > according to Beijing Haidian District People’s court, Youku believes that the main content of its VIP membership service is that users can watch the member’s film and television content free of charge after paying for membership. Youku company has paid a huge amount of copyright license fees and operating costs for this. This business model is an important business means for Youku company to maintain its video business, and it is also a common practice in the video industry. The business interests obtained under this business model are legitimate and legitimate, and should be protected by law. < / P > < p > Youku believes that the “shared member” service of mimow video enables users to directly watch the movies and TV content in the member zone of Youku platform without paying any consideration to Youku company and without using the Youku platform. As a competitor in the same industry, miow video builds a platform to expand its platform flow and popularity by using the so-called “shared VIP mode”, which destroys the member management system of Youku platform, reduces the trading opportunities and economic benefits of Youku platform, seriously damages the legitimate commercial rights and interests of Youku company, disturbs the normal market competition order of the industry, and constitutes an irregularity When competition. < / P > < p > according to the article published by Haidian District People’s Court of Beijing on August 28, 2019, iqiyi once thought that “instant play” app rented iqiyi VIP account in time, and restricted some functions of iqiyi app in the case, thus damaging its legitimate rights and interests, and sued the app operating company to the court, demanding to eliminate the impact and compensate for economic losses and reasonable expenses, totaling 300 Ten thousand yuan. In this case, the defendant believed that he did not have a competitive relationship with iqiyi company and obtained the right to use iqiyi VIP accounts legally. Therefore, renting these accounts in time is a legitimate use behavior. The app involved in the case is a new business model using cloud streaming technology and should not be denied. Iqiyi held that the defendant illegally distributed iqiyi VIP account through cloud streaming technology Leasing violates iqiyi VIP account user agreement and damages iqiyi company’s paid member system. In addition, the defendant restricted some functions of iqiyi app through technical means, which led to the decline of public user experience of iqiyi app, which constituted unfair competition. In the end, Haidian court decided to support all the lawsuits of iqiyi company. The judge said that through the interpretation of the competition relationship and the in-depth analysis of the accused’s behavior, the judge gave a negative evaluation on the act of unfair competition in the name of “legal use”, and played a certain role in regulating and guiding the competitive behavior in the relevant market. < / P > < p > “there is a problem with the business model of sharing account. First, there is an agreement between the user and the platform when purchasing members. If the agreement stipulates that the member shall not share the account with others or resell the account, if the member violates the agreement, it will constitute a breach of contract, and may be liable for breach of contract according to the electronic contract signed by both parties; second, for video platform, sharing platform This kind of business model is to sell the account number to only one person, and other people disguise as this person, which constitutes dishonest behavior. It grabs the normal commercial profits of the video platform in a dishonest way, which may affect the income and profit of the video platform. If it is launched as a business model, it may constitute unfair competition, that is, it will be subject to the “anti unfair” When the competition law is binding. ” Zhao Hu told shell financial reporter. < / P > < p > in addition, if the website, in the name of providing free accounts, does not actually provide accounts, but uses this as a drain to publish pornographic advertisements, which will infringe on the rights and interests of consumers and violate the advertising law. This behavior may also be a part of the dissemination of obscene articles, and may violate the public security administration punishment law and the criminal law