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The rapid development of "AIoT (Artificial Intelligence and Internet of Things)+Great Health" industry in China is putting on a protracted public relations farce.
Why did a small startup company mention Ping An and Fosun in succession for two consecutive years? Why does a senior IT executive, known as "the man who has followed the four richest men in China", often become the protagonist? Is a controversial lawsuit "copying intellectual property rights" or "touching porcelain marketing"?
This war of words is not only inexplicable, but also considered as "distorting the rhythm and affecting the innovative atmosphere of the whole big industry". So, who is right and who is wrong?
It is too difficult for a company to have two commercial disputes.
In May 2020, Ping An's doctor "Health Guardian" APP was launched, and Yang Xue Science and Technology later claimed that Ping An had "copied" its products, claiming that the other party had learned about the technology in the name of cooperation and negotiation, and initiated a lawsuit to claim 50 million yuan. The doctor Ping An hardcore responded: "Health Guardian is independently developed and there is no technical code of this company. The core chip and core algorithm are completely different from the company's products, and it is said that the right to legal prosecution for defamation is reserved. "
202 11,Fosun's "Star Guardian" intelligent early warning health watch went on the market, and Yang Xue Science and Technology once again announced that it accused the other party of "plagiarism" and sued Fosun, but the lawsuit amount was reduced to110,000. Fosun also responded strongly: "Star Guardian products have independent intellectual property rights and have not infringed on the rights and interests of other companies. The case is already in the relevant judicial procedure. I believe that the court will make a fair judgment based on facts and the law. "
Coincidentally, these lawsuits all involved the same senior executive, namely Chen Weijun, CIO of Ping An Good Doctor, who joined Fosun Group and became the president of Fosun Industrial Internet Business Group. According to the inquiry, Chen Weijun initiated the lawsuit of "Yang Xue Science and Technology Defamation", which was filed in the People's Court of Pudong New Area in July, 20021year.
It is reported that the above-mentioned related lawsuits have not yet been pronounced, which objectively gives the relevant stakeholders a time window to try to exert pressure through off-site public opinion.
This is an investment cooperation. What happened afterwards?
According to the information disclosed by Yang Xue Science and Technology, in 20 17, Fosun Group and related companies planned to invest in Yang Xue Science and Technology, and both parties also signed the Confidentiality and Restricted Use Agreement. Fosun Group promises to keep confidential the relevant business information obtained from Yang Xue Science and Technology. 20 19, 1 1, Chen Weijun, then the chief innovation officer of Ping An Good Doctor, conducted scientific research on the basis of cooperation and got to know the relevant technical data. No matter Fosun or Ping An, the investment cooperation between the two sides has not been reached, and there is no following.
According to an insider close to Dr. Ping An, "At that time, Dr. Ping An sent a senior management team to talk about cooperation and investment with Yang Xue Science and Technology. Later, after comprehensive factors such as comprehensive strength, qualification and valuation were evaluated, it was decided not to promote it. According to the truth, it is a normal business process and a job behavior. Who knows, there will be a saliva lawsuit. I have been scared internally, and now I am very cautious about the negotiation of any investment cooperation business. " Some analysts pointed out that this is actually a business feud between Ping An Good Doctor and Yang Xue Science and Technology.
It's just that he didn't expect that this also made him a "low-key technical person" but repeatedly passively searched the industry. According to the above-mentioned insiders, "there are only two reasons. Teacher Chen joined Fosun from Ping An as an IT executive, which is normal. Mr. Chen once had normal business dealings with Yang Xue Science and Technology, which was determined by his post responsibilities. But the combination of the two gives some people the opportunity to speculate without a bottom line. It's strange why you keep biting Mr. Chen and saying something. It is estimated that Ping An and Fosun are both big companies. "
CEO of Yang Xue Science and Technology and "Southern Department"
According to the data, Yang Xue Science & Technology, which has launched many wars of words and even lawsuits against giants, is a startup company founded on 20 15 and 12, and its smart watches are also smart wearable products in the field of big health.
From the point of view of commercial warfare, it is a rival company of Star Guardian. Therefore, whether it is the "health guardian" of Ping An doctor or the "star guardian" of Fosun, relying on the resources of large companies has become a major threat in theory. In particular, many product innovations and breakthroughs of Starguard have aroused enthusiastic response from the market and channels. Less than two months after listing, it has initially taken the lead.
However, just as a new brand and product has just been listed, and it is at the most critical moment to establish online word-of-mouth and cognitive labels, they have encountered a "war of words" initiated by Yang Xue Science and Technology. As for the intensity of the war of words, it is beyond people's imagination. Now, in the search engine, whether searching for Fosun's "Star Guardian" or "Peace and Health Guardian", the full screen is the news of Yang Xue Science and Technology's rights protection. This will inevitably confuse and even believe many people who don't know the truth. But the company and the parties seem to be more disgusted than Dou E!
According to public information, Ma Jianfei, CEO of Yang Xue Science and Technology, used to be the marketing director of Southern Weekend, the general manager of People magazine and the vice president of Boya Tianxia Communication Agency, and he was an out-and-out senior media person. According to the popular saying on the Internet, Yang Xue science and technology is "good at fighting", while Ma Jianfei belongs to the "Southern Department".
The above-mentioned insiders also laughed at themselves and said: "With so many media resources, it is no wonder that there is so much hype and we are so negative. Our focus on making products is really unparalleled. However, touching porcelain is by no means the right way to make products and enterprises! "
Seeking truth from facts, senior experts come to a conclusion after comparing product analysis.
Right and wrong have become Rashomon, and any external comments must be based on the fact of "plagiarism". Recently, the senior observer "Xiongguan Technology" drew a professional conclusion after comparing three products in detail.
First of all, the argument that the interface and LOGO are plagiarized simply does not hold water. The so-called "similar LOGO" of Yang Xue Science and Technology is a shield-shaped deformation, which was rotten by security software ten years ago and used by 360 Jinshan and Tencent Baidu; As early as 20 15, the so-called "water ripple with unique design of APP interface" has been widely used in special effects of various apps (such as charging interface); More ironically, the so-called "interface similarity" is a common version of mainstream apps.
Secondly, the chip and the motherboard are completely different. If the APP interface is just a shell, then the chip, motherboard and even code are the embodiment of the core competitiveness and innovation ability of intelligent hardware. Comparing the motherboards of Yang Xue Science and Technology 4A and Starguard, the motherboard color, chip module and internal wiring are completely different, and the chip backplane design and motherboard design of the two products are also completely different. The patent of health monitoring based on pulse and heart rate existed as early as 20 12 before the establishment of Yang Xue Science and Technology. Most smart bracelets and smart watches on the market now also provide heart rate monitoring function; And there is no algorithm to directly present the original data.
Third, the design of Yang Xue technology also borrowed a lot from Apple and even Peace. Comparing Yang Xue Science and Technology 4A Watch and Apple Watch, it is not difficult to find that they have similar crown and key position, similar rounded rectangular dial and curved glass design. In the face of such high imitation products, it will be really difficult for ordinary users to distinguish. Even the ios version of Ping An's "Health Doctor" had the function of "doctor consultation" when it was put on the shelves, and Yang Xue Science and Technology added this function to the ios version released in May 2020.
Experts said, "Many mainstream hardware products are highly similar to the interface of APP, and some even have the same icon position, not because of who copied who, but because of the needs of most user experiences, which is the best result of statistical calculation of user big data for several years or even longer for each enterprise. Similarity does not mean plagiarism, but because they have the same users and the same needs. Otherwise, each brand is definitely different, and it will be very difficult for users to use and switch, which is why intellectual property rights are very cautious in this piece. "
Beware of abusing "intellectual property rights" and actually destroying the atmosphere of innovation.
In the past twenty years, I have been used to the war of words in the software industry, the Internet and the mobile Internet industry, and I have also been used to some small enterprises touching porcelain to protect their rights. And many companies that are keen on hype but don't pay attention to innovative products are just a flash in the pan. Smart health is a brand-new field, and I really don't want to be polluted by all kinds of unnecessary war of words.
More importantly, there have been so many new products on the market, and there are only a few large categories and models. Doesn't mean that the first one can't do it. Of course, on the one hand, the premise is that the latecomers abide by the recognized intellectual property rights, on the other hand, the advanced ones cannot maliciously speculate in the name of patents. For example, in the smart phone industry, almost all products look the same! Moreover, the mode is also the chips of Qualcomm and other manufacturers, the screen of Android, the screen of Samsung /BOE and other manufacturers, touch screen operation, software store, highlighted photos and so on. -Everyone is "stacking materials". The real difference is the hardware integration ability, self-developed optimization system, algorithm, interaction and other details. And truly excellent products will naturally stand out in the normal market competition, and no one can make it by tearing X all the way. Those who are keen on war of words and hype will soon collapse in the end.
AI is healthy, hard+soft+cloud is a big track, destined to be a marathon. Whether it is a giant company or a small startup, it is actually equal. Everything depends on products and conquers people's hearts by experience. And cherish!