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Sample translations submitted: 4
Chinese to English: find my sample translations here:http://188154414.qzone.qq.com/
Source text - Chinese find my sample translations here:http://188154414.qzone.qq.com/
Translation - English find my sample translations here:http://188154414.qzone.qq.com/
Chinese to English: English to Chinese translation sample
Source text - Chinese It also is our consistent practice in defending securities class actions to do an economic analysis at the beginning of the case to model the defendant's exposure to damages using a plaintiffs'-style modeling technique. We have pioneered this approach with Compass Lexecon, which is the United States' leading economic consulting firm. In doing this for over 20 years, we have developed models that are unparalleled (by that we mean, no other firm does them in this way) in providing a roadmap to how the plaintiffs' view the case and, as a result, what is the best way to approach the company's defense.
As part of our presentation, we have included the economic model as applied to the CCCCC case. As you will see, the potential plaintiffs'-style damages exposures for CCCCC are significant, especially if the plaintiffs find a way to include the non-U.S. trading in CCCCC ordinary shares in their suit. The economic model, when properly interpreted and understood, should substantially inform CCCCC in its approach to handling this litigation and may lead to new defenses related to whether the stock price declines can be attributed to the alleged fraud.
Translation - English 在对证券集团诉讼进行辩护时，我们的一贯做法就是在案件的开始用原告要求的模拟方法做一个经济学分析以模拟被告人的损失暴露程度。我们与美国领先的经济咨询公司Compass Lexecon首创了这种方法。 经过20多年这方面的操练，我们已经开发出了在为探索原告如何看待案件以及据此什么是替公司进行辩护的最好途经提供一个路线图方面无可比拟（我们的意思是没有其它公司以这种方式开发它们）的模型。
作为我们陈述的一部分，我们已经包括了应用于本CCCCC案例的经济模型。正如您将看到的那样，根据原告要求的方法计算的CCCCC的潜在损失暴露程度比较显著， 特别是如果原告找到了将美国境外进行的CCCCC普通股买卖纳入其诉讼的方法。 该经济模型只要合理解释和理解就会在处理该诉讼的方法上给CCCCC很大的启迪，并可能因该诈骗指控是否可归结于股价下跌的问题而形成新的辩护砝码。
Chinese to English: Chinese to English translation
Translation - English 4.2 Employment procedures
(1) An employee who intends to enter into employment must submit a certificate of separation from employment with his/her former employer within the notice period of the Company.
(2) The employee shall faithfully fill out the New Employee Registration Form and provide true, accurate and complete personal information, including but not limited to date of birth, educational background, work experience, marital status, permanent residence address, correspondence address, means of communication and emergency contact.
(3) The employee shall, within two weeks of change of his/her personal information, notify the Company’s Human Resources Department in writing and submit relevant documents to prove the change. In cases where the Company is rendered unable to serve relevant documents or get in touch with the employee due to the employee’s failure to promptly notify it, relevant documents shall be deemed as served and relevant legal liabilities or adverse consequences shall be borne by the employee himself/herself.
(4) The employees shall enter into a labor contract with the Company on the date of entry into employment or before entry into employment. In cases where the labor contract cannot be entered into in time due to reasons attributable to the employee, the corresponding legal liability shall be borne by the employee.
(5) The employee shall peruse and sign the Employee Handbook and other rules and regulations the company shows to the employee.
(6) The employee shall promptly submit a proof of the transfer of social security and provident fund and other required materials to the company the month he/she enters into employment. In the event that payment of social security or provident fund contributions cannot be made or is delayed due to the employee’s failure to submit a proof of the transfer of social security and provident fund and other required materials, the consequences shall be borne by the employee. If any economic loss has been caused to the Company, the employee shall be liable for compensation.
(7) The employee shall transfer his/her personal files to the Company or an organization designated by the Company at the time specified by the Company, or provide a proof of filing issued by a formal organization as required by the Company.
4.3 Protection of personal information
The Company may collect or retain certain personal information of employees, including but not limited to employees’ names, addresses, email addresses, telephone numbers, compensation, benefits, insurance, work-related files, health and disease files and leave records. Such information may contain information related to the health or relatives of employees. The Company will keep employees' personal information in the form of confidential information.
The Company strictly controls access to employees’ personal information. But the employees agrees that the Company may handle the employee’s personal information for purposes including payroll management, health management, health insurance / benefits, performance and disciplinary record, equal opportunities supervision, management of any other company benefits and human resource management to fulfill the Company’s obligations under the laws of China and other countries/regions. The Company may disclose the employee's personal information to other employees of the Company (including, where necessary, disclosure to related party companies outside of China), or disclose such information to any other person in circumstances where it is reasonable and necessary to do so or where permitted by law of China or other countries/regions.
The Human Resources Department has the right to confirm information related to employees or former employees of the Company, including duration of employment, position and place of work. If the employee is required to provide any information about former employees of the Company, the employee shall notify the Human Resources Department.
4.4 Probationary period management
Probationary period is an impotent observation stage whereby the Company finds out whether the employee meets employment requirements and confirms whether the employee’s competence and performance match job responsibilities. During the probationary period, the employees shall strictly abide by the Company’s rules and regulations and complete tasks in accordance with employment requirements and job requirements.
4.4.1 Length of probationary period
(1) In cases where the term of the labor contract is more than three months but less than one year, the probationary period does not exceed one month;
(2) In cases where the term of the labor contract is more than one year but less than three years, the probationary period does not exceed two months;
(3) In the case of an labor contract with a fixed term of more than three years or no fixed term, the probationary period does not exceed six months;
(4) In cases where the term of the labor contract upon the completion of certain tasks or the term of the labor contract is less than three months, there is no probationary period.
4.4.2 Probationary Period Appraisal
(1) Probationary period gives employees the opportunity to show their abilities and understand their jobs; the Company can also examine whether employees meet employment requirements through the probationary period. In order to help employees grow quickly as possible and effectively assess the performance of employees during the probationary period, the Company will assess employees and complete the Probationary Period Appraisal Form before the expiry of the probationary period. Appraisal results will be used as the basis for determining whether the employee meets employment requirements within the probationary period.
(2) At the beginning of the probationary period, the department manager shall communicate with the employee about employment requirements, job responsibilities and work objectives. Before the expiry of the probationary period, the Human Resources Department will fill out the Probationary Period Appraisal Form together with the department manager and communicate with the employee about the appraisal.
(3) Dissolution of labor contract during the probationary period
During the probationary period, the employee shall meet conditions including but not limited to the following. Violation of any one of them shall be considered as a failure to meet employment requirements. The Company has the right to dissolve the labor contract according to law:
• Pass the probationary period appraisal;
• Have undergone a medical checkup at the hospital designated by the Company, the employee’s medical information is true;
• Be able to attend work regularly and the number of days absent from work does not exceed five;
• Have a positive attitude at work, be able to actively complete one’s own work and various tasks assigned by the Company;
• Competence is in line with job skill requirements, be able to complete various tasks on time, fulfilling both quality and quantity requirements;
• Have teamwork skills, be able to work amicably with colleagues in a team environment;
• Observe disciplines and obey laws, comply with the Company’s rules and regulations and labor discipline;
• Keep the Company's trade secrets, do not obtain undeserved benefits by taking advantage of one’s job (position);
• Transfer one’s social security account and housing provident fund account within the time specified by the Company;
• Personal information and data including diplomas and academic certificates, work history and certificate of separation from employment or resume, Job Seeker Registration Form and New Employee Registration Form provided to the Company are true and valid and devoid of falsification and concealment;
• Background information provided by the employee is true, accurate and complete;
• Have no legal or contractual non-competition obligations to the employee’s former employer;
• Meet other employment requirements set by the Company.
(4) During the probation period, an employee who takes the initiative to dissolve the labor contract shall notify the Company in writing three working days in advance.
Chinese to English: Chinese to English sample
Source text - Chinese 360败诉首例互联网不兼容案 法院认定360误导用户卸载金山
360 Loses First Case Over Incompatibility, Court Finds That 360 Misled Users to Uninstall Kingsoft
【备选标题】 360 强行卸载金山网盾案败诉 被判赔款 30 万元
【Alternative Headline】360 Loses Case Over Force Uninstall of Kingsoft Antivirus WebShield Service and Fined 300,000 Yuan
5 月 11 日消息，今天北京市第一中级人民法院今日做出公开宣判， 360 对金山网盾商品信誉诋毁及强行卸载等行为构成不正当竞争，法院判令 360 立即停止一切不正当竞争行为，公开做出说明消除影响并赔款 30 万元。 这是法院首次认定 360 恶意误导用户卸载竞争对手软件，再次给屡次作恶的杀毒软件企业敲响警钟。
May 11-Beijing First Intermediate People's Court today pronounced its judgment: 360 has committed unfair competition by defaming and force uninstalling commercial product Kingsoft Antivirus WebShield Service. The court ordered 360 to immediately stop all acts of unfair competition, give a public explanation to remove the effects and pay an indemnity of 30, 0000 yuan. It was the first time that a court found that 360 maliciously misled users to uninstall software of its rivals, sounding a warning to anti-virus software companies that have done evil time and again.
法院认定 360 误导用户卸载金山网盾 主观恶意明显
The Court Found That 360 Misled Users to Uninstall Kingsoft Antivirus WebShield Service and Its Subjective Malice was Obvious
根据判决书显示，法院认定 360 构成侵权，判令立即停止一切不正当竞争行为，赔偿金山 30 万元损失费用，并连续 7 天在 360 官方网站首页刊登说明消除对金山网盾的负面影响。
According to the verdict, the court found that 360 committed an act of infringement and ordered it to immediately stop all acts of unfair competition, pay 30, 0000 yuan in compensation to Kingsoft and publish an explanation on the home page of the official website of 360 for seven consecutive days to remove the negative effects on Kingsoft Antivirus WebShield Service.
法院在判决书中表示， 360 安全卫士在自身安装升级运行过程中采用弹出提示框的方式，引导用户在提示框中进行同意卸载金山网盾的操作，法院表示，虽然该提示框也有卸载 360 安全卫士的选项，但该对话框仅有停止金山网盾安装选项且被默认选中，而卸载 360 安全卫士选项则与卸载金山网盾选项设置不同。
The court said in the verdict that 360 Security Guard guides users towards agreeing to uninstall Kingsoft Antivirus WebShield Service in a message box by producing the pop-up message box during its installation, upgrade and running. The court said that although the message box provides an option to uninstall 360 Security Guard, but the dialog box only provides an option to stop the installation of Kingsoft Antivirus WebShield Service and the option is checked by default, and the option to uninstall 360 Security Guard is set differently from the option to uninstall Kingsoft Antivirus WebShield Service.
法院认为， 360 安全卫士此举并非让网络用户自由选择 ，而是带有明显倾向性，会对消费者产生误导。
The court held that instead of giving Internet users a free choice, the act of 360 Security Guards has an obvious tendency and will mislead consumers.
法院进一步表示， 360 安全卫士在用户被引导进行卸载金山网盾后，采用了破坏性的方式删除金山网盾，主观恶意明显。法院认定 360 安全卫士违反了自愿、平等、公平、诚实信用原则，构成不正当竞争
The court further said that after leading users to uninstall Kingsoft Antivirus WebShield Service, 360 Security Guard will delete Kingsoft Antivirus WebShield Service in a destructive way, so its subjective malice is obvious. The court found that 360 Security Guard has violated the principles of voluntariness, equality, fairness and good faith and committed unfair competition.
法院认定 360 缺乏证据 诋毁金山网盾
The Court Found That 360 Lacked Evidence and Defamed Kingsoft Antivirus WebShield Service
对于 360 在软件、官方网站及媒体中散布金山网盾存在漏洞等诋毁行为，法院认为， 360 并未提交充分证据证明上述行为，严重损害了金山的商业信誉和金山网盾的商品信誉。
Regarding 360’s slanderous acts such as spreading rumors that Kingsoft Antivirus WebShield Service contains loopholes via its software, official website and media, the court held that 360 has failed to submitted sufficient evidence proving the above allegation and seriously damaged the business reputation of Kingsoft and the commercial reputation of Kingsoft Antivirus WebShield Service.
根据判决书显示， 360 曾声称金山网盾存在漏洞，但在本案审理过程中 360 并未列举有力证据，金山则提交了经过公证，更具效力的证据予以反驳。
According to the verdict, 360 once claimed that there are loopholes in Kingsoft Antivirus WebShield Service, but 360 failed to provide any strong evidence in hearing of the case, while Kingsoft submitted notarized and more valid evidence to refute the allegation.
法院最后认为， 360 在软件、官方网站宣传金山网盾存在严重漏洞一说没有充分证据证明，构成不正当竞争。
The court concluded that 360 lacked sufficient evidence to support its claim made through its software and official website that there are loopholes in Kingsoft Antivirus WebShield Service and has committed unfair competition.
360 恐吓式诱导、暗杀行为终遭法律惩罚
360 Was Finally Punished By Law for Its Scare Tactics-based Inducement and Assassination
去年 5 月， 360 安全卫士故意在软件中设置障碍强行卸载金山网盾，其后又在官方网站发布系列虚假文章：《关于金山网盾干扰 360 安全卫士运行的说明》，诋毁金山网盾阻挠 360 安全卫士正常运行、捏造事实抹黑金山网盾存在漏洞、歪曲评测金山网盾不如 360 安全卫士等，恐吓消费者选用金山网盾产品，通过多种渠道扩大对金山安全软件的损害。
360 Security Guard deliberately set up an obstacle in its software to force uninstall Kingsoft Antivirus WebShield Service in May last year and thereafter published a series of fictitious articles on its official website under the title Explanations Concerning Kingsoft Antivirus WebShield Service Interfering With the Running of 360 Security Guard, in which it defamed Kingsoft Antivirus WebShield Service by alleging that it obstructs the normal running of 360 Security Guard, fabricated stories to smear Kingsoft Antivirus WebShield Service by saying that it contains loopholes and distorted the facts by claiming that Kingsoft Antivirus WebShield Service is inferior to 360 Security Guard in an attempt to scare consumers away from using Kingsoft Antivirus WebShield Service and inflict further damage on Kingsoft security software.
金山认为，这些行为已经构成了恶劣的不正当竞争，严重干扰了金山的正常经营秩序。 从 2010 年 5 月 21 日 360 安全卫士实施不兼容行为以来，在不到一年的时间里，曾经拥有 8000 万用户的金山网盾损失了超过 90% 的装机量。
Kingsoft believes that these acts have constituted grossly unfair competition and seriously interfered with the normal order of operations of Kingsoft. In less than one year since 360 Security Guard carried out the incompatibility tactic on May 21, 2010, Kingsoft Antivirus WebShield Service who once had 80 million users lost more than 90% of its users.
金山网盾是金山公司在 2009 年首次试水免费杀毒服务的软件，由于拥有十几年研发的独家安全上网保护技术，为用户成功解决了困扰多年的网络挂马等难题，在同类软件中排名第一。
Kingsoft Antivirus WebShield Service is a software product launched by Kingsoft in 2009 when it tested waters for free anti-virus services for the first time. Due to that it possesses exclusive online security protection technology that was developed over ten years or so, it has successfully solved problems such as Trojan horse that have been nagging users for many years and is ranked first among similar software.
2009 年底 360 模仿金山网盾推出 360 网盾，但至今技术上仍落后于金山，金山网盾保持高速增长势头直逼 360 安全卫士， 2010 年 5 月，在金山网盾即将接近 1 亿用户规模时， 360 动用拥有 3 亿用户规模的 360 安全卫士发动不兼容言论抹黑，并诱导用户强行卸载金山网盾。
At the end of 2009, 360 launched 360 WebShield after the fashion of Kingsoft Antivirus WebShield Service, but so far it is still technically behind Kingsoft. Kingsoft Antivirus WebShield Service 360 loomed threateningly behind Security Guard by maintaining a high growth momentum. In May 2010 when the number of Kingsoft Antivirus WebShield Service users approached 100 million, 360 mobilized 360 Security Guard that had 300 million users to launch a smear campaign based on incompatibility arguments and induce users to force uninstall Kingsoft Antivirus WebShield Service.
360 恶行多次败诉赔偿不过百万 成不正当竞争最大受益者
360 Paid Less Than One Million Yuan in Compensation in Multiple Lawsuits It Has Lost for Its Evildoing to Become the Biggest Beneficiary of Unfair Competition
360 安全卫士一直在强行卸载、抹黑同行、不兼容问题上纠纷不断，曾经败诉的官司分别有：曾将百度软件评为“恶评插件”， 360 被判赔 38.5 万元；曾开发所谓隐私保护器恐吓腾讯用户， 360 被判败诉赔偿 40 万元；此外， 360 安全卫士还向用户提示傲游浏览器“危险”诱使安装 360 安全浏览器，干扰搜狗、腾讯浏览器运行，破坏金山卫士、 QQ 电脑管家开机启动等等。
360 Security Guard has been force uninstalling and smearing rival software and has been constantly involved in disputes over incompatibility. Lawsuits it has lost include: it once rated Baidu software as “malicious plug-ins”, 360 was sentenced to pay a compensation of 385,000 yuan; it once developed a so-called privacy protector to scare Tencent users, 360 lost the case and was sentenced to pay a compensation of 400,000 yuan; in addition, 360 Security Guard also alerted users to the “danger” of Maxthon browser to induce users to install 360 security browser, interfered with the running of Sogou and Tencent browsers, sabotaged the start-up of Kingsoft Antivirus WebShield Service and QQ Computer Manager on boot and so on.
但这些败诉并未给 360 带来冲击，相反，较低的赔偿额度助长了这种不正当竞争行为，让 360 变得越发有恃无恐。 过去不到半年， 360 就因对百度、腾讯、金山实施不正当竞争行为陆续败诉，但赔偿金额总计约 100 万元人民币，这个数字还没到今年 5 月 360 在美国上市融资 12 亿元的一个零头。
But these lawsuits it has lost failed to have any impact on 360. On the contrary, relatively low amounts of compensation encouraged such act of unfair competition and emboldened 360 all the more. In less than half a year’s time, 360 has lost lawsuits against it one after another over it engaging in unfair competition with Baidu, Tencent and Kingsoft, but the total amount of competition is about RMB one million yuan, less than a fraction of the 1.2 billion yuan 360 raised through its listing in the U.S. in May this year.
360 是中国互联网法制不完善的最大受益者，是不正当竞争行为的最大受益者。 低廉的违法成本、剿杀同行的绝佳武器，而这种行为仍然在中国互联网第二大客户端 360 安全卫士身上不断上演。
360 is the biggest beneficiary of an imperfect Internet legal system and the biggest beneficiary of unfair competition. The low cost of violating the law is a superexcellent weapon to exterminate rivals, and such act is still constantly practiced by 360 Security Guard, the second largest Internet client in China.
就在上个月， 360 安全卫士董事长周鸿祎因在微博中捏造事实抹黑金山一审败诉，判赔 8 万元，这一数字无论相比当时金山所遭受的直接与间接经济损失，还是周鸿祎身价 6 亿美元的个人财富而言都是九牛之一毛。
Just last month, board chairman of 360 Security Guard Zhou Hongyi lost a lawsuit for fabricating stories to smear Kingsoft on his microblog and was sentenced to pay a compensation of 80000 yuan, which is a drop in the ocean compared to either the direct and indirect economic losses suffered by Kingsoft then or Zhou Hongyi’s personal wealth of 600 million U.S. dollars
附表一： 360 不正当竞争官司败诉一览
Schedule Ⅰ: A Summary of Unfair Competition Lawsuits 360 Has Lost
2010 年 12 月 360 恶评百度软件，诱导用户卸载，被判赔 38.5 万元
In December 2010, 360 rated Baidu software as malicious to induce users to uninstall the software and was sentenced to pay a compensation of 385,000 yuan.
2011 年 3 月 360 董事长周鸿祎捏造事实诋毁金山，被判赔 8 万元
In March 2011, board chairman of 360 Zhou Hongyi fabricated stories to defame Kingsoft and was sentenced to pay a compensation of 80,000 yuan.
2011 年 4 月 360 恶意诋毁腾讯软件，被判赔 40 万元
In April 2011, 360 wickedly slandered Tencent software and was sentenced to pay a compensation of 40, 0000 yuan.
2011 年 5 月 360 抹黑金山，诱导用户强行卸载金山网盾，被判赔 30 万元
In May 2011, 360 smeared Kingsoft to induce users to force uninstall Kingsoft Antivirus WebShield Service and was sentenced to pay a compensation of 30, 0000 yuan.
附表二： 360 对金山网盾不正当竞争大事记
Schedule II: Chronicle of Unfair Competition Perpetrated Against Kingsoft Antivirus WebShield Service by 360
2009 年 1 月 7 日 金山网盾发布
On January 7, 2009, Kingsoft Antivirus WebShield Service was released
2009 年 11 月 20 日 360 浏览器屏蔽金山网盾
On November 20, 2009, 360 browser blocked Kingsoft Antivirus WebShield Service
2010 年 2 月 26 日 360 网盾发布
On February 26, 2010 360 WebShield was released
2010 年 4 月 金山网盾用户突破 7000 万
In April 2010, the number of users of Kingsoft Antivirus WebShield Service exceeded 70 million
2010 年 5 月 21 日 360 安全卫士对金山网盾实施强行卸载不正当竞争手段
On May 21, 2010, 360 Security Guard employed an unfair method of competition to force uninstall Kingsoft Antivirus WebShield Service
2010 年 5 月 31 日 May 31, 2010 金山正式起诉 360 不正当竞争
On May 31, 2010, Kingsoft formally sued 360 for unfair competition.
2011 年 2 月 21 日 金山网盾升级为云盾计划，功能分解嵌入金山毒霸、金山卫士、百度、搜狗以及傲游浏览器等
On February 21, 2011, Kingsoft Antivirus WebShield Service was upgraded to Cloud Shield Plan and its functions were broken down and embedded into Kingsoft Antivirus, King Safe and Baidu, Sogou and Maxthon browsers
附图： 360 安全卫士诱导用户强行卸载金山网盾截图
Picture: Screenshot of 360 Security Guard Inducing Users to Force Uninstall Kingsoft Antivirus WebShield Service
360 安全卫士诱导用户强行卸载金山网盾截图
Screenshot of 360 Security Guard Inducing Users to Force Uninstall Kingsoft Antivirus WebShield Service
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关于金山云盾 About Kingsoft Cloud Shield
金山网络云盾计划开放包括网址安全、文件安全查询等在内的云安全服务，允许网页浏览器、搜索引擎、即时通信IM、电子商务、网游、软件下载工具等第三方应用程序提供者免费使用授权接口，每天响应超过10亿次查询，98%样本在1分钟鉴定完成。
Kingsoft Cloud Shield Plan opens cloud security services including site safety and file safety query, allows providers of third-party applications such as web browsers, search engines, instant messaging, e-commerce, online games and software download tools to use authorized interfaces free of charge and responds to more than one billion queries each day. 98% of the samples are identified in one minute.
网址： http://code.ijinshan.com/api/ Website: http://code.ijinshan.com/api/
关于金山网络 About Kingsoft Network
金山网络成立于2010年11月，是金山安全和可牛公司合并而成的专业安全厂商，继承了金山14年安全技术积累和可牛的互联网基因。金山网络从成立伊始就以改善中国互联网安全环境为目标和最高价值准则，推出“FREE”战略，以专业、免费的互联网安全服务为用户创造真正自由、安全的网络环境。目前金山网络旗下的永久免费软件产品包括：金山毒霸、金山卫士、金山网盾、可牛杀毒、可牛影像等。
Kingsoft was established in November 2010. It is a professional security company resulting from the merger of Kingsoft Security and Keniu and inherited the technology accumulation of Kingsoft over 14 years and the Internet gene of Keniu. Since its inception, Kingsoft Network has been taking improving China’s Internet security environment as its objective and the highest standard for its value. It has launched the “FREE” strategy to create a truly free and secure network environment for users through professional and free Internet security services. At present permanent free software products of Kingsoft Network include: Kingsoft Antivirus, King Safe, Kingsoft Antivirus WebShield Service, Keniu Antivirus, Keniu Photo, etc.
Translation - English 360败诉首例互联网不兼容案 法院认定360误导用户卸载金山
360 Loses First Case Over Incompatibility, Court Finds That 360 Misled Users to Uninstall Kingsoft
【备选标题】 360 强行卸载金山网盾案败诉 被判赔款 30 万元
【Alternative Headline】360 Loses Case Over Force Uninstall of Kingsoft Antivirus WebShield Service and Fined 300,000 Yuan
5 月 11 日消息，今天北京市第一中级人民法院今日做出公开宣判， 360 对金山网盾商品信誉诋毁及强行卸载等行为构成不正当竞争，法院判令 360 立即停止一切不正当竞争行为，公开做出说明消除影响并赔款 30 万元。 这是法院首次认定 360 恶意误导用户卸载竞争对手软件，再次给屡次作恶的杀毒软件企业敲响警钟。
May 11-Beijing First Intermediate People's Court today pronounced its judgment: 360 has committed unfair competition by defaming and force uninstalling commercial product Kingsoft Antivirus WebShield Service. The court ordered 360 to immediately stop all acts of unfair competition, give a public explanation to remove the effects and pay an indemnity of 30, 0000 yuan. It was the first time that a court found that 360 maliciously misled users to uninstall software of its rivals, sounding a warning to anti-virus software companies that have done evil time and again.
法院认定 360 误导用户卸载金山网盾 主观恶意明显
The Court Found That 360 Misled Users to Uninstall Kingsoft Antivirus WebShield Service and Its Subjective Malice was Obvious
根据判决书显示，法院认定 360 构成侵权，判令立即停止一切不正当竞争行为，赔偿金山 30 万元损失费用，并连续 7 天在 360 官方网站首页刊登说明消除对金山网盾的负面影响。
According to the verdict, the court found that 360 committed an act of infringement and ordered it to immediately stop all acts of unfair competition, pay 30, 0000 yuan in compensation to Kingsoft and publish an explanation on the home page of the official website of 360 for seven consecutive days to remove the negative effects on Kingsoft Antivirus WebShield Service.
法院在判决书中表示， 360 安全卫士在自身安装升级运行过程中采用弹出提示框的方式，引导用户在提示框中进行同意卸载金山网盾的操作，法院表示，虽然该提示框也有卸载 360 安全卫士的选项，但该对话框仅有停止金山网盾安装选项且被默认选中，而卸载 360 安全卫士选项则与卸载金山网盾选项设置不同。
The court said in the verdict that 360 Security Guard guides users towards agreeing to uninstall Kingsoft Antivirus WebShield Service in a message box by producing the pop-up message box during its installation, upgrade and running. The court said that although the message box provides an option to uninstall 360 Security Guard, but the dialog box only provides an option to stop the installation of Kingsoft Antivirus WebShield Service and the option is checked by default, and the option to uninstall 360 Security Guard is set differently from the option to uninstall Kingsoft Antivirus WebShield Service.
法院认为， 360 安全卫士此举并非让网络用户自由选择 ，而是带有明显倾向性，会对消费者产生误导。
The court held that instead of giving Internet users a free choice, the act of 360 Security Guards has an obvious tendency and will mislead consumers.
法院进一步表示， 360 安全卫士在用户被引导进行卸载金山网盾后，采用了破坏性的方式删除金山网盾，主观恶意明显。法院认定 360 安全卫士违反了自愿、平等、公平、诚实信用原则，构成不正当竞争
The court further said that after leading users to uninstall Kingsoft Antivirus WebShield Service, 360 Security Guard will delete Kingsoft Antivirus WebShield Service in a destructive way, so its subjective malice is obvious. The court found that 360 Security Guard has violated the principles of voluntariness, equality, fairness and good faith and committed unfair competition.
法院认定 360 缺乏证据 诋毁金山网盾
The Court Found That 360 Lacked Evidence and Defamed Kingsoft Antivirus WebShield Service
对于 360 在软件、官方网站及媒体中散布金山网盾存在漏洞等诋毁行为，法院认为， 360 并未提交充分证据证明上述行为，严重损害了金山的商业信誉和金山网盾的商品信誉。
Regarding 360’s slanderous acts such as spreading rumors that Kingsoft Antivirus WebShield Service contains loopholes via its software, official website and media, the court held that 360 has failed to submitted sufficient evidence proving the above allegation and seriously damaged the business reputation of Kingsoft and the commercial reputation of Kingsoft Antivirus WebShield Service.
根据判决书显示， 360 曾声称金山网盾存在漏洞，但在本案审理过程中 360 并未列举有力证据，金山则提交了经过公证，更具效力的证据予以反驳。
According to the verdict, 360 once claimed that there are loopholes in Kingsoft Antivirus WebShield Service, but 360 failed to provide any strong evidence in hearing of the case, while Kingsoft submitted notarized and more valid evidence to refute the allegation.
法院最后认为， 360 在软件、官方网站宣传金山网盾存在严重漏洞一说没有充分证据证明，构成不正当竞争。
The court concluded that 360 lacked sufficient evidence to support its claim made through its software and official website that there are loopholes in Kingsoft Antivirus WebShield Service and has committed unfair competition.
360 恐吓式诱导、暗杀行为终遭法律惩罚
360 Was Finally Punished By Law for Its Scare Tactics-based Inducement and Assassination
去年 5 月， 360 安全卫士故意在软件中设置障碍强行卸载金山网盾，其后又在官方网站发布系列虚假文章：《关于金山网盾干扰 360 安全卫士运行的说明》，诋毁金山网盾阻挠 360 安全卫士正常运行、捏造事实抹黑金山网盾存在漏洞、歪曲评测金山网盾不如 360 安全卫士等，恐吓消费者选用金山网盾产品，通过多种渠道扩大对金山安全软件的损害。
360 Security Guard deliberately set up an obstacle in its software to force uninstall Kingsoft Antivirus WebShield Service in May last year and thereafter published a series of fictitious articles on its official website under the title Explanations Concerning Kingsoft Antivirus WebShield Service Interfering With the Running of 360 Security Guard, in which it defamed Kingsoft Antivirus WebShield Service by alleging that it obstructs the normal running of 360 Security Guard, fabricated stories to smear Kingsoft Antivirus WebShield Service by saying that it contains loopholes and distorted the facts by claiming that Kingsoft Antivirus WebShield Service is inferior to 360 Security Guard in an attempt to scare consumers away from using Kingsoft Antivirus WebShield Service and inflict further damage on Kingsoft security software.
金山认为，这些行为已经构成了恶劣的不正当竞争，严重干扰了金山的正常经营秩序。 从 2010 年 5 月 21 日 360 安全卫士实施不兼容行为以来，在不到一年的时间里，曾经拥有 8000 万用户的金山网盾损失了超过 90% 的装机量。
Kingsoft believes that these acts have constituted grossly unfair competition and seriously interfered with the normal order of operations of Kingsoft. In less than one year since 360 Security Guard carried out the incompatibility tactic on May 21, 2010, Kingsoft Antivirus WebShield Service who once had 80 million users lost more than 90% of its users.
金山网盾是金山公司在 2009 年首次试水免费杀毒服务的软件，由于拥有十几年研发的独家安全上网保护技术，为用户成功解决了困扰多年的网络挂马等难题，在同类软件中排名第一。
Kingsoft Antivirus WebShield Service is a software product launched by Kingsoft in 2009 when it tested waters for free anti-virus services for the first time. Due to that it possesses exclusive online security protection technology that was developed over ten years or so, it has successfully solved problems such as Trojan horse that have been nagging users for many years and is ranked first among similar software.
2009 年底 360 模仿金山网盾推出 360 网盾，但至今技术上仍落后于金山，金山网盾保持高速增长势头直逼 360 安全卫士， 2010 年 5 月，在金山网盾即将接近 1 亿用户规模时， 360 动用拥有 3 亿用户规模的 360 安全卫士发动不兼容言论抹黑，并诱导用户强行卸载金山网盾。
At the end of 2009, 360 launched 360 WebShield after the fashion of Kingsoft Antivirus WebShield Service, but so far it is still technically behind Kingsoft. Kingsoft Antivirus WebShield Service 360 loomed threateningly behind Security Guard by maintaining a high growth momentum. In May 2010 when the number of Kingsoft Antivirus WebShield Service users approached 100 million, 360 mobilized 360 Security Guard that had 300 million users to launch a smear campaign based on incompatibility arguments and induce users to force uninstall Kingsoft Antivirus WebShield Service.
360 恶行多次败诉赔偿不过百万 成不正当竞争最大受益者
360 Paid Less Than One Million Yuan in Compensation in Multiple Lawsuits It Has Lost for Its Evildoing to Become the Biggest Beneficiary of Unfair Competition
360 安全卫士一直在强行卸载、抹黑同行、不兼容问题上纠纷不断，曾经败诉的官司分别有：曾将百度软件评为“恶评插件”， 360 被判赔 38.5 万元；曾开发所谓隐私保护器恐吓腾讯用户， 360 被判败诉赔偿 40 万元；此外， 360 安全卫士还向用户提示傲游浏览器“危险”诱使安装 360 安全浏览器，干扰搜狗、腾讯浏览器运行，破坏金山卫士、 QQ 电脑管家开机启动等等。
360 Security Guard has been force uninstalling and smearing rival software and has been constantly involved in disputes over incompatibility. Lawsuits it has lost include: it once rated Baidu software as “malicious plug-ins”, 360 was sentenced to pay a compensation of 385,000 yuan; it once developed a so-called privacy protector to scare Tencent users, 360 lost the case and was sentenced to pay a compensation of 400,000 yuan; in addition, 360 Security Guard also alerted users to the “danger” of Maxthon browser to induce users to install 360 security browser, interfered with the running of Sogou and Tencent browsers, sabotaged the start-up of Kingsoft Antivirus WebShield Service and QQ Computer Manager on boot and so on.
但这些败诉并未给 360 带来冲击，相反，较低的赔偿额度助长了这种不正当竞争行为，让 360 变得越发有恃无恐。 过去不到半年， 360 就因对百度、腾讯、金山实施不正当竞争行为陆续败诉，但赔偿金额总计约 100 万元人民币，这个数字还没到今年 5 月 360 在美国上市融资 12 亿元的一个零头。
But these lawsuits it has lost failed to have any impact on 360. On the contrary, relatively low amounts of compensation encouraged such act of unfair competition and emboldened 360 all the more. In less than half a year’s time, 360 has lost lawsuits against it one after another over it engaging in unfair competition with Baidu, Tencent and Kingsoft, but the total amount of competition is about RMB one million yuan, less than a fraction of the 1.2 billion yuan 360 raised through its listing in the U.S. in May this year.
360 是中国互联网法制不完善的最大受益者，是不正当竞争行为的最大受益者。 低廉的违法成本、剿杀同行的绝佳武器，而这种行为仍然在中国互联网第二大客户端 360 安全卫士身上不断上演。
360 is the biggest beneficiary of an imperfect Internet legal system and the biggest beneficiary of unfair competition. The low cost of violating the law is a superexcellent weapon to exterminate rivals, and such act is still constantly practiced by 360 Security Guard, the second largest Internet client in China.
就在上个月， 360 安全卫士董事长周鸿祎因在微博中捏造事实抹黑金山一审败诉，判赔 8 万元，这一数字无论相比当时金山所遭受的直接与间接经济损失，还是周鸿祎身价 6 亿美元的个人财富而言都是九牛之一毛。
Just last month, board chairman of 360 Security Guard Zhou Hongyi lost a lawsuit for fabricating stories to smear Kingsoft on his microblog and was sentenced to pay a compensation of 80000 yuan, which is a drop in the ocean compared to either the direct and indirect economic losses suffered by Kingsoft then or Zhou Hongyi’s personal wealth of 600 million U.S. dollars
附表一： 360 不正当竞争官司败诉一览
Schedule Ⅰ: A Summary of Unfair Competition Lawsuits 360 Has Lost
2010 年 12 月 360 恶评百度软件，诱导用户卸载，被判赔 38.5 万元
In December 2010, 360 rated Baidu software as malicious to induce users to uninstall the software and was sentenced to pay a compensation of 385,000 yuan.
2011 年 3 月 360 董事长周鸿祎捏造事实诋毁金山，被判赔 8 万元
In March 2011, board chairman of 360 Zhou Hongyi fabricated stories to defame Kingsoft and was sentenced to pay a compensation of 80,000 yuan.
2011 年 4 月 360 恶意诋毁腾讯软件，被判赔 40 万元
In April 2011, 360 wickedly slandered Tencent software and was sentenced to pay a compensation of 40, 0000 yuan.
2011 年 5 月 360 抹黑金山，诱导用户强行卸载金山网盾，被判赔 30 万元
In May 2011, 360 smeared Kingsoft to induce users to force uninstall Kingsoft Antivirus WebShield Service and was sentenced to pay a compensation of 30, 0000 yuan.
附表二： 360 对金山网盾不正当竞争大事记
Schedule II: Chronicle of Unfair Competition Perpetrated Against Kingsoft Antivirus WebShield Service by 360
2009 年 1 月 7 日 金山网盾发布
On January 7, 2009, Kingsoft Antivirus WebShield Service was released
2009 年 11 月 20 日 360 浏览器屏蔽金山网盾
On November 20, 2009, 360 browser blocked Kingsoft Antivirus WebShield Service
2010 年 2 月 26 日 360 网盾发布
On February 26, 2010 360 WebShield was released
2010 年 4 月 金山网盾用户突破 7000 万
In April 2010, the number of users of Kingsoft Antivirus WebShield Service exceeded 70 million
2010 年 5 月 21 日 360 安全卫士对金山网盾实施强行卸载不正当竞争手段
On May 21, 2010, 360 Security Guard employed an unfair method of competition to force uninstall Kingsoft Antivirus WebShield Service
2010 年 5 月 31 日 May 31, 2010 金山正式起诉 360 不正当竞争
On May 31, 2010, Kingsoft formally sued 360 for unfair competition.
2011 年 2 月 21 日 金山网盾升级为云盾计划，功能分解嵌入金山毒霸、金山卫士、百度、搜狗以及傲游浏览器等
On February 21, 2011, Kingsoft Antivirus WebShield Service was upgraded to Cloud Shield Plan and its functions were broken down and embedded into Kingsoft Antivirus, King Safe and Baidu, Sogou and Maxthon browsers
附图： 360 安全卫士诱导用户强行卸载金山网盾截图
Picture: Screenshot of 360 Security Guard Inducing Users to Force Uninstall Kingsoft Antivirus WebShield Service
360 安全卫士诱导用户强行卸载金山网盾截图
Screenshot of 360 Security Guard Inducing Users to Force Uninstall Kingsoft Antivirus WebShield Service
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关于金山云盾 About Kingsoft Cloud Shield
金山网络云盾计划开放包括网址安全、文件安全查询等在内的云安全服务，允许网页浏览器、搜索引擎、即时通信IM、电子商务、网游、软件下载工具等第三方应用程序提供者免费使用授权接口，每天响应超过10亿次查询，98%样本在1分钟鉴定完成。
Kingsoft Cloud Shield Plan opens cloud security services including site safety and file safety query, allows providers of third-party applications such as web browsers, search engines, instant messaging, e-commerce, online games and software download tools to use authorized interfaces free of charge and responds to more than one billion queries each day. 98% of the samples are identified in one minute.
网址： http://code.ijinshan.com/api/ Website: http://code.ijinshan.com/api/
关于金山网络 About Kingsoft Network
金山网络成立于2010年11月，是金山安全和可牛公司合并而成的专业安全厂商，继承了金山14年安全技术积累和可牛的互联网基因。金山网络从成立伊始就以改善中国互联网安全环境为目标和最高价值准则，推出“FREE”战略，以专业、免费的互联网安全服务为用户创造真正自由、安全的网络环境。目前金山网络旗下的永久免费软件产品包括：金山毒霸、金山卫士、金山网盾、可牛杀毒、可牛影像等。
Kingsoft was established in November 2010. It is a professional security company resulting from the merger of Kingsoft Security and Keniu and inherited the technology accumulation of Kingsoft over 14 years and the Internet gene of Keniu. Since its inception, Kingsoft Network has been taking improving China’s Internet security environment as its objective and the highest standard for its value. It has launched the “FREE” strategy to create a truly free and secure network environment for users through professional and free Internet security services. At present permanent free software products of Kingsoft Network include: Kingsoft Antivirus, King Safe, Kingsoft Antivirus WebShield Service, Keniu Antivirus, Keniu Photo, etc.
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