Recently, a civil verdict has announced for the first time over a product liability dispute between Fan and Xiaomi. The plaintiff fan asked Xiaomi to stop advertising and compensate 1 Yuan for the lost data traffic cost due to the automatic download of the app by touching the advertisement.
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The company’s app shows that the court held that Xiaomi’s act of forwarding ads to fan owners did not harm the relevant powers and that the plaintiff could change the settings to avoid advertising interference.
However, Xiaomi’s advertising links provide click-to-download services. Obtaining the plaintiff’s download permission in advance is a violation of the plaintiff’s right to know. The verdict was that Xiaomi compensated Fan 1 Yuan.
The judgment showed that the defendant’s actions to forward advertisements and information through the two mobile phone applications did not infringe the plaintiff’s relevant rights. Plaintiff may change the contextual settings of the mobile phone involved in order to minimize or avoid interference with advertisements and notifications. The complaint lacks ground and the court does not support it.
In connection with the plaintiff’s request for the defendant to compensate for the cost of 1 metadata traffic lost due to the automatic download of the application by touching the ad, the defendant provided the service of downloading the application by clicking on the defendant’s advertising link but did not obtain the plaintiff’s prior permission to download, which is a violation.
The plaintiff has the right to demand that the defendant be liable for compensation. Since the plaintiff uses mobile data traffic while obtaining evidence, the breach involved in this case would result in loss of data traffic.
According to this, although the plaintiff did not provide direct evidence for specific damages and expenses based on the violation situation, in this case, the court held that the plaintiff’s claim of 1 yuan damages must be reasonable, so the plaintiff’s claim is supported.
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