Users encounter obstacles in installing third-party apps. Lawyer’s opinion: Manufacturers block external links, which is suspected of constituting monopolistic behavior

Thanks to netizen Soft Media New Friend 1933769 for submitting clues! According to news on April 27, the Rule of Law Daily recently published a report "Does the next app need the consent of the mobile phone manufacturer?" ”, the article describes the problems encountered during the installation of the app from the perspective of multiple users. Some lawyers believe that the manufacturer intercepts external links and is suspected of constituting monopolistic behavior.

Risk warnings popped up repeatedly, and downloading and installation were blocked many times

Ms. Li wanted to download and install the App from third-party channels, but encountered many restrictions such as security risk prompts and entering system passwords. Taking Mr. Guo from Chaoyang District, Beijing, as an example when installing a mobile game, he will encounter the problem of repeated pop-ups of risk warnings and blocked download and installation many times. The installation restrictions are as follows: 1. Search and download in the browser A mobile game App2. After clicking "Download Now", a security reminder will pop up on the page "In order to provide safer application services to protect your rights and interests, it is recommended to give priority to installing applications that have passed the security inspection of the application market that comes with the phone. ". 3. Before clicking "Continue Installation", you also need to click to confirm "I understand that this application has not been tested and may be risky. You can set whether to move it to the 'Application Control Center'". 4. The reporter clicked the prompt button and immediately jumped to the "Settings" page. At the same time, a pop-up window popped up with two options: "Install and move to the 'Application Control Center'" and "Install directly". 5. If you select "Install and move to the 'Application Control Center'", an option "Automatically move to the 'Application Control Center' next time" pops up. After clicking install, you still need to enter the lock screen password. The page shows that after the installation is successful, there is also a prompt to "enhance protection" and a note that "after turning it on, only applications that have been tested by the mobile phone's own application market are supported for installation."

Manufacturers intercept external links, suspected of constituting monopolistic behavior

Cheng Xiao, deputy dean and professor of Tsinghua University Law School, said:

Mobile phone manufacturers provide hardware and software services, if they cannot ensure fair treatment Applications on the market set up obstacles for consumers to install software for their own benefit, which will lead to unfair competition in the digital service market and form a monopoly. Manufacturers use "significant risk" warnings and other means to make consumers fearful of downloading and installing apps from other channels, which infringes on the legitimate rights and interests of other application providers.

Xu Jingyuan, a lawyer at Beijing Dongwei Law Firm, said

Some mobile phone manufacturers use settings to darken the download and installation keys and "the application comes from external sources, has not undergone security testing, and is malicious." Such prompts, causing users to give up downloading on third-party platforms and divert traffic to their own app stores, not only constitute infringement of the third-party download platform, but also seriously infringe upon the legitimate rights and interests of users, and are suspected of violating multiple policies and regulations.

In February 2023, in response to this behavior of mobile phone manufacturers "separating themselves into territories" to obtain traffic benefits, the "Notice of the Ministry of Industry and Information Technology on Further Improving Mobile Internet Application Service Capabilities" issued by the Ministry of Industry and Information Technology clearly requires , ensure informed consent for installation, and recommend to users to download apps. The principles of openness and transparency should be followed, and necessary information such as developers and operators, product functions, privacy policies, permission lists, etc. should be truthfully, accurately and completely stated, and obvious cancellation options should be provided at the same time. Users can download and install only after confirming their consent, which effectively protects users’ rights to know and choose. It is not allowed to deceive and mislead users into downloading and installing through methods such as "stealing and replacing others"; achieving convenient uninstallation.

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