The same product is repeatedly pushed by different accounts, and the "traffic" can be artificially created. On 21/0, the Jiangsu Provincial High People's Court announced a service contract dispute case, unveiling the shady curtain of creating "explosive models".

Zhang is a merchant who has settled in a short video platform. Li claims that he has a software that can automatically edit videos in batches, automatically generate, upload and publish "goods" videos, and control hundreds of short video accounts to publish "goods" videos at the same time, forming a "video advertising" matrix and bringing huge traffic to products. Zhang was attracted by the "bright prospect" described by Li, and reached a software use agreement with Li, and successively paid software usage fees and maintenance fees. In the process, Li spent a lot of money to configure and maintain equipment, hire employees, and upgrade software.

To Zhang and Li's surprise, it didn't take long for the short video platform to issue regulations to severely crack down on improper profit-making through large-scale "matrix numbers". After spending a lot of money on the software but not being able to use it, the angry Zhang appealed to the Xuzhou court for Li to return the relevant fees on the grounds that the purpose of the contract could not be realized.

After trial, the court held that a service contract relationship was formed between Zhang and Li. Zhang paid for the use of the software and maintenance fees, and Li used the software to publish a large number of homogeneous "goods" videos for Zhang in an organized manner through the scale "matrix number" to obtain traffic. These behaviors not only disrupt the normal operation order of the Douyin platform, but also squeeze the living space of original and high-quality content, and harm the legitimate rights and interests of other users. As a purchaser of software services, Zhang's litigation request for the return of usage fees and maintenance fees was not supported, knowing that the use of the software might disrupt market behavior, but still paying fees and benefiting from it. At present, the judgment has taken legal effect.

In real life, when using short video platforms, many users often encounter different accounts repeatedly pushing "goods" videos of the same product, which not only affects the user experience, but also may cause some users to be attracted by homogeneous videos, and unconsciously think that the product with strong push force must be a good product, but after purchasing, they find that the product is seriously inconsistent with the advertisement, and even has quality defects, which ultimately damages their own rights and interests. The judge reminded that after discovering these situations, the majority of users should think rationally and purchase cautiously, and can also complain and report to the official platform through reasonable channels, so as to jointly create a fair and orderly online consumption environment.

So, how should platform merchants operate? The court pointed out that in the era of short videos, the dividends of online sales are prominent, and a large number of merchants broadcast live and bring goods through short video platforms, and "traffic" is popularity and profits. This also leads to some businesses in the "traffic" to use crooked brains, opportunistic, although it may bring short-term benefits, but this kind of behavior that disrupts the order of fair competition in the market will only get the negative evaluation of the public, serious may be punished by the law, painstaking to obtain the "traffic" is also short-lived. Therefore, the majority of businesses must be based on integrity, operate in accordance with the law, and jointly create a fair, honest and friendly network business environment.

Correspondent: Xu Faxuan, Xinhua Daily, Intersection Reporter Gu Min

Special statement: This article is authorized to be published by the "Shangguan Number" settled unit of the Shangguan News client, and only represents the views of the settled unit, and the "Shangguan News" is only an information publishing platform.

[Source: Shangguan News]