▲ data map.
Pinduoduo's "20 billion loss to bonus hunter overnight" has caused a lot of discussion. Pinduoduo told the media that the amount is not that big, it is a rumor, and the loss is ultimately below10 million; It also said in the statement that this is essentially different from events such as "an airline issued a low-priced ticket in official website due to misoperation".
Specializing in online black production in bonus hunter, suspected of theft.
Most of the losses come from bonus hunter's internet black market. According to Pinduoduo's statement, some black-collar gangs stole tens of millions of platform coupons through an expired coupon loophole and made unjust enrichment. In response to this behavior, Pinduoduo has fixed the loophole as soon as possible and is tracking down the source of the order involved. According to the latest development, after the Shanghai police reported the case, they have filed a case for "cyber fraud" and set up a task force to freeze the orders involved in batches according to the relevant provisions of "property preservation".
Bonus hunter, a black and gray industry, has always been a chronic disease in the industry. Its characteristics of programming, automation and industrialization enable it to operate quickly on a large scale and professionally, and gain a lot of benefits. Han Xiao, a lawyer, said that users used system vulnerabilities to obtain a large number of coupons from the platform and made profits, which may be suspected of theft. If the amount of profits reaches the relevant standards, they may bear criminal responsibility.
The black and gray industry knows that its actions are illegal. According to relevant reports, in this incident, after profiteering, the black ash gang released illegal links to the public in an attempt to make the law not blame the public, just fishing in troubled waters.
In the final analysis, the black ash industry is like a truck overturned to grab oranges, but also driving trucks and excavators to grab them. Sometimes, they even take the initiative to create a rollover accident, and after grabbing the big head, they call on everyone to grab it.
Because of this, many ordinary users also "picked up a handful of wool" this time. Moreover, due to Pinduoduo's own characteristics of using social networks to spread, it can spread in a short time, even in the middle of the night, many users have joined bonus hunter's team.
▲ Figure/vision china.
Coupons obviously violate common sense, and the users involved really don't know?
For this part of users, many people think that receiving coupons is not malicious, and it is impossible to tell whether it is promotion or platform bug. Therefore, I should not take responsibility and should not return it.
Does this statement make sense?
Theoretically speaking, if an ordinary customer of the platform does not consciously collect a large number of coupons for profit through this security loophole, but only collects a small number of coupons, there is no intention of theft subjectively, and the objective profit does not meet the sentencing standards, it does not constitute theft.
However, the actual situation is far more complicated than the theory.
First of all, this link is not a normal platform link, but an illegal outflow of the black ash industry. Secondly, consumers may not be able to judge whether it is a system bug, but it is obvious that it is significantly lower than the market price. What's more, according to common sense, coupons are generally not used in high-liquidity goods such as mobile phone bills and Q coins.
Moreover, many people buy Q coins with no threshold coupons, then buy game props with Q coins, and then sell game props. If this series of substantial transfers and even money laundering are completed in a short time, can the relevant users really be said to be completely well-intentioned?
So it's not good to drive an excavator to grab it, and it's not good to bring a small pocket to grab it yourself. What's more, it was deliberately leaked by the digger.
There is no need to kidnap enterprises to "spend money to make an image"
To say the least, even if it is completely well-intentioned, it doesn't mean there is no need to return it.
According to the Supreme Law "Opinions on Several Issues Concerning the Implementation of the General Principles of Civil Law in People's Republic of China (PRC) (Trial)", if the actor's misunderstanding of the nature of the act, the other party, the variety, quality, specification and quantity of the subject matter causes the consequences of the act to go against his own will and cause heavy losses, it can be considered as a major misunderstanding, and the people's court can be requested to modify or cancel the performed civil act, and the defendant or make up the price.
It should be pointed out that "no malice" is not a reason not to return it. Judging from the provisions of "major misunderstanding", there is no state involving the other party to the contract. As long as one party has a major misunderstanding, it can terminate the contract.
To use a more appropriate metaphor: the stall owner lets his children sell oranges, and then the children are not sensible, and 5 yuan a catty is 50 cents a catty. At this time, regardless of whether the buyer intends to take advantage, the stall owner can come to the door and ask for it back.
Many people think that this is a good opportunity for enterprises to shape their image, and enterprises should realize this, which is beneficial to their long-term interests. However, whether to spend money to make an image is an independent choice of the enterprise according to its own situation, and it is not necessary to be kidnapped.
In short, it is a simple and clear traditional morality not to take advantage of people's danger and take ill-gotten gains. Today, although the internet separates people, these basic qualities, such as morality and honesty, should not be indifferent. Joining the bonus hunter team with the black ash gang is a moral stain, which is hard to wash away.