Search engine security measures arouse disputes

The search engine has become an important tool for internet users. For a company, the ranking of its web pages in key word search results is extremely important. Search result rankings offer commercial opportunities, and the position in a ranking can have an effect on the public’s perception of a company.

However, phishing and Trojan horse websites show up in some search results, posing a threat to the safety of internet users’ computers and data. For computer security software providers, ensuring the safety of search results has become an important business. Security providers attempt to protect search results by adding a mark at the right hand side of any result suspected of being a phishing or Trojan horse website. If the user clicks on the link, the software gives a warning, but if the user ignores the warning and clicks through, the software allows the request to proceed. This form of protection can reduce the number of click-throughs and thus reduce a search engine’s revenue, which is often based on that number.

The above raises a question. If a search engine sues a security provider on the grounds of copyright infringement or unfair competition, how are the legal issues this raises to be dealt with?

Wang Yadong is executive partner, and Gao Song is a partner, at Run Ming Law Office