You have destroyed a lot of wool and tens of millions of dollars. Do you want to go back? The lawyer said it | Daily Economic News



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Image source: Visual China

Like many "wool parties", netizens Xiao A used a lot of bugs this morning, and he took a lot of "wool" and used 100 yuan without threshold coupons to buy things. However, after seeing the news of many alarms, my heart was restless, but I had arbitrarily closed the order (physical order) and returned the amount paid. The fight also announced that the coupons received by the consumer platform were not affected.

And you use coupons to refill your telephone bills and buy orders for Q coins. How do you handle them? Will you join Tencent to freeze your Q currency balance? However, Tencent Holdings is the second largest shareholder.

Restoration event: "Wool Feast" uses lots of bugs to fill crazy power and buy coins Q

On the morning of January 20, many people were hit by a large gap. Users can receive 100 yuan without a ticket. A large number of users go online in the morning, use no-door coupons to refill their phone bills and buy Q coins. The cost for 100 yuan is only 0.44. Yuan

A network screenshot shows that a bill for someone is enough for more than 10 years, and some people have indicated that they have bought more than 900,000 yuan in Q coins.

Network madness: Last night, this morning, the battle was more than 20 billion by "Wool Party" using bugs.

What is the concept of a market value of more than $ 26 billion? In the first three quarters of 2018, the operating income accumulated only 7.5 billion yuan, and in 2017, it was only 1.7 billion yuan. 20 billion more than 10 of 2017 operating income. Some netizens are worried because there won't be a lot of whitewashing by "fake whirlpool", and won't be closed overnight because of this bug.

However, judging by the multi-day announcement, it was said that he had stolen tens of millions of platform coupons.

At the same time, the announcement also stated that coupons that were originally received by the consumer platform were not affected:

On the morning of January 20, a black-and-gray gang raided tens of millions of platform coupons through the vulnerability of expired coupons for unjustifiable profits. In response to this behavior, the platform has fixed the loophole for the first time. At the same time, we have reported this case to the public security organs, and will actively work with the relevant departments to take action against the black-gray gang involved. At present, the platform is tracking the source of orders, and will complete relevant orders based on the results of a police investigation.

Thanks to your understanding, the coupons received by the consumer platform are not affected.

The amount is 20 billion or tens of millions, and for the time being people cannot know. According to observers of the "Daily Economic News" report, there is a store that has sold 430,000 singles, worth 43 million.

Is it true that the gap was "destroyed" or public relations marketing, and the stock price will be seen on Monday.

Woolen counterattack: please fight to fulfill more contractual obligations

However, many netizens participating in "Wool" do not recognize the idea of ​​"attacking gray gang networks", and they have championed more and more official micro messages to be questioned and involved in more fake marketing.

Some netizens have expressed their desire to submit claims on closure orders unilaterally to refuse delivery.

On the morning of January 20, 2019, I received many coupons worth 100 yuan through friends' recommendations. The usage limit is 100. I can use all types of items. After that, I will contact you to let me know about this order. Coupon is invalid, cannot be used, and cannot be sent. I send the following comments and claims:

1. This coupon is usually collected by me on the Internet and is not obtained illegally through network vulnerability modification data;

2, to fight many of their own technical problems, they must immediately correct and investigate the responsibilities of the technical department and illegal hackers, rather than surrender losses to consumers.

3. The coupon itself can be used and the consumer is legally used. Online purchase contract is valid.

4, many spells without the person's consent, unauthorized changes to the rules of use of coupons and refuse to send, which violates the "Contracting Law of the People's Republic of China" relevant provisions.

I ask many platforms to fulfill their obligations in accordance with the contract, if they cannot, they will be compensated in accordance with the relevant provisions of the People's Republic of China Law on the Protection of Consumer Rights.

"Wol Party" has its own opinions about lawyers and police who are right and wrong.

● Lawyer Xiao Wei, Director of the Chinese Bank Legal Research Association: Ordinary users must return unfair enrichment and fight for a large number of claims to professional wool parties

1. For the fight itself, there is a bug in the back of the APP, resulting in huge losses, and many people have the right to claim against wool professionals who use system vulnerabilities to cheat coupons;

2. After viewing preferential messages, ordinary users make appropriate virtual transactions, etc., ordinary users do not have the ability to identify such professional fraud, and they are not responsible for platform losses. If the average user knows that wool is used to make product purchases now when the wool expires, it is obliged to return improper profits;

3. If the professional wool party uses a multi-platform system loophole to carry out fake preferential information publicity, which results in damage to the platform, on the one hand it is suspected to attack computer information systems, on the other hand using expired coupons to buy products currently suspected of theft. Wait

● Li Mengsong, Director of Sichuan Minke Law Firm: Effective contracts must be protected by law

First, in response to this incident, we must first look at whether a contract between "Wool Party" and a multi-platform platform is made.

Under the provisions of the Contract Law: "Contracts are established when the commitment takes effect." Article 49 of the "E-commerce Law" stipulates: "If the information of goods or services issued by an e-commerce operator meets the requirements of the offer, the user selects goods or services and sends the order successfully, and the contract is made. If the parties have agreed on the contrary, the agreement is that e-commerce operators will not specify in the form of a clause that contracts are not made after the consumer pays the price, and the format clause, etc., contains content, and the content is invalid. "

In this event, the user selects an order and succeeds in sending an order according to preferential activity, and a contractual relationship between the two parties has been established.

Second, second, is the contract valid.

According to the provisions of the Contract Law, there are a number of situations where the contract is invalid: (1) one party concludes the contract by means of fraud or coercion, which endangers national interests; (2) collusion is evil and damages the interests of the state, collective or third parties; ) Includes illegal purposes in the form of law; (4) Interfering with the public interest of the community; (5) Violating the mandatory provisions of administrative laws and regulations. In other words, if this situation does not exist, the contract is legal and must be protected by law.

3. Is the format clause valid or not.

User Code "Multiple Service Agreement" "Article 5 Prohibition": use a multi-platform plug-in or use a bug on a multi-platform platform to get inappropriate benefits.

Clause is a format clause. According to the provisions of the Contract Law: if the party providing the format clause frees itself from responsibility, increases the liability of the other party, and excludes the other main rights, the clause is invalid; other than that, the format clause is provided. One party must also fully carry out its obligations that encourage and accountability.

The Consumer Protection Act stipulates that: operators may not exclude or limit consumer rights, reduce or free up operator responsibility, and increase consumer responsibility, such as clause formats, notifications, statements, store notifications, etc. Unreasonable regulations may not use the clause format and use technical means to force transactions.

Therefore, it is necessary to determine whether the clause format provided by the company is effective, and whether they have fulfilled the obligation to ask for instructions, whether they are freed from their own responsibilities, and the responsibilities of others increase.

4. Does it involve crime.

In this case, consumption and profit must be treated differently. Some users add their own accounts by spelling out many bugs, which is very unlikely to involve crime, but if you want to profit through sub-bugs, then you might be involved in crime.

● Police: Fight a lot of criminal problems because they were destroyed or suspected of fraud

In response to the incident, news reports said that the Shanghai Public Security Bureau said that if there was an evil war against the black-haired woolen party, this incident could be treated as a fraudulent criminal matter.

China Eastern Airlines, Tencent video found a similar bug, finally recognized as valid

On the morning of November 17, 2018, the Eastern Airlines system exploded with a bug. Many airline tickets are very discounted. Some tickets only cost 50 yuan, and many domestic airlines have first-class business round-trip airline tickets. Minimum price is only 90 yuan!

For a while, the China Eastern Airlines bug became a hot search on Weibo. In the face of this sudden incident, how did Eastern Airlines respond? People & # 39; s Daily Weibo published a microblog entitled "What is the story of the Eastern Airlines wave called textbook style public relations?"

Different from the battle reaction, China Eastern Airlines issues a notification after the event that all tickets sold during system maintenance (successfully paid and issued) are valid and can be used normally:

By coincidence, on December 31, 2017, Tencent video members were replenished abnormally, the original 10% refilling activity was 18 yuan, only reduced by 0.2 yuan. Rich Tencent not only cashed users who were refilled, but also returned 0.2 yuan less to users.

According to statistics, during the server system abnormality on December 31, the total number of orders generated by the vulnerability of 0.2 yuan was 2.87 million, involving 390,000 users. Tencent Video will complete each order according to the actual refill time of the user above. If you charge an average of one year for each order, the loss will exceed 500 million.

What is the choice between brand image and money?

Some netizens think that the bug called China Eastern Airlines and Tencent Video is actually a public relations marketing activity. According to data released by Tencent, if it is a marketing activity, it is a good idea to look at the investment costs (calculated by the loss of 500 million member replenishment fees) and the brand effects obtained.

But how much is this marketing? The temporary public is unknown, but stock prices are clear on Monday: If the share price drops sharply, the market value will be 26.7 billion US dollars, even if it drops 10%, the market value will evaporate more than 2.6 billion US dollars. It's expensive.

Dialogue between the public and user relations departments that have been circulated on the Internet shows that the company will work with Tencent to recover QQ numbers from Q coins. However, fights have been reported in the official micro:

Image source: fight more than official WeChat

If you fight more and more, and join Tencent to recover the number of Q coins sold, brand losses may be even greater, because in addition to the professional wool party, there are many ordinary users involved in activities. For brand image, Tencent admitted losing its own video of 500 million refill fees. This time, what choice will Tencent make? However, Tencent is the second largest shareholder of Tencent, and Tencent Holdings has more than 786 million shares, accounting for 17.8%. What is the choice of Tencent between brand and money?

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