Lawyer: rectifying SP suction fees encountered evidence collection problems
on January 11, China Mobile recently introduced two new policies for value-added services, announcing that after customers order value-added services, they can get SMS alerts before deducting fees. Users can send and store, print, and display values with a relative error of ± 1% SMS "0000" to 10086, and can query and unsubscribe the subscribed monthly value-added services. In this regard, some insiders said that the policy issued by China Mobile to address the symptoms rather than the root causes and rectify the problem of SP fee absorption was difficult to be included in the scope of criminal law adjustment due to the difficulty of obtaining evidenceOn January 7, China Mobile introduced two new policies for value-added services, one is that customers can get SMS alerts before deducting fees after ordering value-added services, and the other is that users can send SMS messages "(responsible units: Provincial Department of economy and information technology, Provincial Department of science and technology, and provincial market supervision Bureau) 0000 to 10086, which can query and unsubscribe the subscribed monthly value-added services
for such a new deal of value-added services, some analysts said, "the introduction of the new deal is a great blessing for users who order monthly value-added services, and the behavior of forcibly binding monthly value-added services can be restrained. At the same time, for users, there is no doubt that querying and unsubscribing value-added services has added a new way."
however, some insiders said that the introduction of the new value-added business policy by China Mobile is still a temporary solution rather than a permanent solution
"previously, China Mobile also introduced the policy of secondary confirmation of value-added services. However, some SPS that secretly withhold charges usually use technical means to block the 10086 SMS channel, so that users can not actually receive the charging confirmation SMS of China Mobile. For example, for some MTK platforms, illegal SPs have blocked the charging confirmation prompt at the bottom." Panyuwen, CEO of Huaye wireless, said
pan Yuwen said, "the new value-added service policy introduced by China Mobile this time is effective only when the default user is in a normal state and has not been technically transformed by the illegal sp. if the user's has been transformed, the user still cannot receive the fee deduction confirmation reminder sent by China Mobile."
it is difficult to obtain evidence for regulating SP fees
the problem of SP fees has caused public anger in the industry, but it is difficult to punish illegal sp by legal means. A lawyer said the key to the problem is that it is difficult to obtain evidence for SP fees
"if a person robs 10000 yuan in the street, he commits the crime of robbery. If an illegal SP makes a secret deduction of 1 yuan per user and 10000 users, it is also 10000 yuan. Can he be punished?" A content service provider raised such a question
for such a problem, a lawyer said, "it is also 10000 yuan, which should be included in the scope of criminal law adjustment. But the problem is that it is easy for a person to obtain evidence when committing robbery. It is OK to obtain evidence from one or several people. If it is SP withholding, it needs to obtain evidence from 10000 users, which is very difficult to implement."
at the level of victims, because the former is infringed by a large amount, the victim is likely to report the case voluntarily, and the case is easy to be accepted by the court. In the case of SP fees, because the amount of each victim is not large, many victims are not willing to sue the court for a few yuan
call on China Mobile to establish a healthy billing model
an insider of China Mobile said that the new value-added business policy introduced by China Mobile this time will further compress the living space of SP, force SP to transform, and some sp will transform into CP
some analysts pointed out that because SP simply relies on the billing channel of the operator, if the operator does not help it charge, SP is easy to die, and SP can only be forced to transform
in this regard, pan Yuwen believes that operators should promote the establishment of a healthy billing model. "At present, the environment of wireless interconnection is mixed on the whole, but it has great development potential. To develop wireless interconnection, operators led by China Mobile should promote the establishment of a billing model conducive to industrial development. In particular, China Mobile PMMA, which was first used by people to make IOL, has become the world's most needed (mechanical, etc.) material with better performance; with the lightweight requirements of operators, it should bear this." (zongxiuqian) Sina Technology ()
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