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Baidu requires nearly 60 medical platforms to sign exclusive agreements to monopolize health information?

via:CnBeta     time:2019/6/10 18:47:33     readed:193

According to the Supplementary Agreement, his platform enjoys complete copyright or related authorized content. Submitted through Baidu's "Medical Authoritative Resources" platform, the content is deemed to be exclusively authorized to Party A to display and use its products. These contents can no longer be submitted to any other third party repeatedly. At the same time, historical authoritative data should be offline from any other third party platform within one month after the contract takes effect.

This means that, in addition to Baidu and the platform itself that provides medical and health content, these medical-related content will not appear in other search engines such as Sogou, 360 search, Shenma search, and any third-party platforms such as headlines.

This is not an example. Since the first half of this year, many medical and health platforms have signed the Medical and Health Content Cooperation Agreement with Baidu, and have received additional agreements from Baidu. Zhang Bing revealed that Baidu has signed this agreement with nearly 60 medical and health content platforms, covering about most of the mainstream medical and health CP (Content Provider content providers) on the market.

For Zhang Bingren, if we don't give up the traffic from other platforms, we will lose the traffic and income from Baidu, and our platform can only accept cooperation.

A number of third-party platforms that have cooperated with medical and health platforms have solely confirmed the existence of the above agreement to First Financial Journalist and said they are currently watching developments.

Baidu confirmed the existence of the exclusive cooperation supplementary agreement exclusively to First Finance and Economics, but did not confirm the number of specific cooperation platforms. In its response to First Finance and Economics, the company said that in the signing of the exclusive cooperation agreement, the two sides were completely equal and voluntary, without coercion, and the scope of the exclusive cooperation was limited to the co-construction data submitted to Baidu by the resource side through the cooperative channel on its own initiative. Data content within the scope of exclusive cooperation shall be prohibited from indexing and grabbing by third parties as agreed by both parties. There are tens of millions of pieces of data in this content. At present, the search engine can capture billions of pieces of relevant data. There is no possibility that Baidu intends to monopolize the popularization of medical science and damage the industry ecology.

Supplementary agreements that have to be signed

"Beginning in March and April this year, Baidu began to communicate with some health care CPs one after another, and held a closed-door meeting at the end of May. Nearly 60 health care CPs attended the meeting. Most of them signed the agreement." Zhang Bing disclosed exclusively to First Finance and Economics.

First Finance and Economics asked many medical and health websites about this, but mostly avoided talking about it. Chunyu doctors told reporters that they had not heard of it.

The supplementary agreement obtained exclusively by First Financial Journalist shows that the content includes the key information of authoritative data exclusive cooperation, historical authoritative data offline, authorized rights protection and so on.

For example, all authoritative content data submitted to Baidu should not be submitted to other third parties repeatedly. Specifically, Party B (that is, medical and health content platform) will enjoy complete copyright or related authorized content, through the "medical authoritative resources" platform submitted by Party A (that is, Baidu), that is to say, the content is exclusively authorized to Party A for display and use in its products. The exclusive content is only allowed to be used by Party B and Party A during the period of cooperation. Party B shall not provide the submitted content to a third party for use. If the same content is displayed in Party B's website, Party B should explicitly prohibit the crawling of websites other than Party A in the crawler agreement.

Baidu is strict about the data of these authoritative medical resources. The agreement stipulates that Party B shall bear full legal responsibility for the validity, authenticity, accuracy and validity of the data submitted through the "Medical Authority Platform". Party B shall be responsible for the qualification, content and other related audits of doctors.

Baidu also explains the exclusive cooperation, without Baidu's written consent: the same URL (URL) link prohibits Party B from providing third parties outside Party A and Party B to use; the content contained in the same URL prohibits Party B from generating different URLs for third parties outside Party A and Party B to use, and also prohibits Party B from providing URLs where the content with a repetition rate of 85% or more is located to Party A and B. Use by third parties other than the parties.

For historical data, if a third party other than Party A and Party B uses the cooperative content, Party B shall ensure that the content is offline within one month from the date of entry into force of the contract.

In case of breach of the above agreement, Party A shall have the right to terminate the contract in advance and shall no longer pay any fees to Party B (including unpaid share). If Party A suffers losses as a result, Party B shall make full compensation.

In addition, Party B authorizes Party A to defend its rights in its own name. When the content of cooperation is infringed by a third party, Party A has the right to take legal measures in its own name, including, but not limited to, sending a letter of defense, filing a lawsuit, mediation and reconciliation, to safeguard the interests of both parties. Party B is obliged to provide assistance such as materials for defense of rights.

The agreement stipulates that after deducting the cost of safeguarding rights, Party A and Party B shall each receive 50% of the compensation. If Party A fails to defend or recover the rights due to defects in the exclusive authorized rights of the cooperative works or Party B fails to cooperate with the action of safeguarding rights, Party B shall compensate Party A for all the costs incurred.

For the reason of signing the exclusive cooperation supplementary agreement, Baidu said in its response to the first financial journalist that content ecology construction is an inevitable requirement to improve the quality of search content. In July 2017, Baidu launched the project of authoritative data co-construction of medical pituitary. After nearly two years of continuous operation, Baidu and the resource side have built about 60 million authoritative data, all of which are deeply participated by the directors of the third-class hospitals or Vice-Directors of public hospitals and doctors above. The resource side has also obtained the cooperation share because of its participation in the construction of these authoritative content. But since the second half of 2018, Baidu has found that friends are embezzling data that Baidu and resource partners have built together. In order to protect the interests of Baidu and its resource side and ensure the sustainable development of authoritative medical data production, through communication with the resource side, Baidu will upgrade its cooperation with the resource side to an exclusive cooperation and sign an exclusive cooperation agreement.

Baidu stressed that data content within the scope of exclusive cooperation will be prohibited from third-party indexing and grabbing in accordance with the agreement between the two sides. There are tens of millions of pieces of data in this content. At present, the search engine can capture billions of pieces of relevant data. There is no possibility that Baidu intends to monopolize the popularization of medical science and damage the industry ecology.

In the past, problems such as medical advertisements have had a certain impact on Baidu's reputation. Strictly guaranteeing the authority and professionalism of medical health information related to its own search engine is beyond reproach. However, in the view of some medical CPs, the exclusive practice of signing contracts seems to be excessive.

In fact, before establishing exclusive cooperation with Baidu, most of the medical and health platforms on the market had cooperated with many search and content platforms. In addition to Baidu, there were headlines, knowledgeable, interesting headlines, big fish, UC, Sogou, 360 and so on.

"It used to be multiple traffic distribution channels. After signing up (Baidu's) exclusive, it could only be a single platform. Moreover, in terms of historical data, we have to revoke previously published content on other third-party platforms. Zhang Bing said.

Controversy over the issue of social public interest

Baidu is still the largest search engine in China, and Baidu is still an indispensable and important traffic entry for small and medium-sized health care CPs that have not yet formed a scale.

Zhang Bing revealed that he had exchanges with other CPs, and most of them signed exclusive content agreements with Baidu.

However, Baidu does not cover all Chinese netizens. Popular point of view, Baidu requires exclusive medical and health content, the use of other platforms of netizens, it will be difficult to search for high-quality and authoritative data.

"This means that Baidu basically monopolizes the head of the medical category." A flow platform person who has cooperated with the CPH told the First Financial Journalist. She said that in the past, many health care CPs that have cooperated with Baidu have chosen to sign contracts with Baidu.

Baidu said in its response to reporters: In the field of the Internet, it is very common for the resource side to co-construct or cooperate exclusively with the platform for content. For example, in the field of online music, the platform will become the exclusive provider of copyrighted music content by signing exclusive agreements with record companies; in the emerging small video, live broadcasting and other fields, a large number of network celebrities signed contracts with the platform, and exclusively released video, live broadcasting.

But unlike other fields, medical information has special public attributes. The original intention of the popularization of medical information on the Internet is that the more users know, the better. Users should have the right to choose freely in the field of public health care.

In the interviews with reporters, the medical CPs and many traffic platforms all mentioned a point of view, "exclusive" cooperation, it seems that users lose the right to choose, users of other platforms are difficult to obtain equal medical information rights, which is not conducive to the popularization and dissemination of medical information. In their view, the two sides of the ecosystem should have checks and balances with each other. Platform needs content. Content side gains voice and bargaining power by this way. Once CP accepts the agreement, it is likely to lose the ability of balanced restraint.

More worrying to other traffic platforms is whether search engines, as Internet infrastructure, will replicate this behavior in the medical field in the future.educationAre there possibilities in the field?

"Search engines should strive to improve the user's search experience to win users, rather than control the source of information, which is the end in reverse." The traffic platform said.

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