Research On Unfair Competition Identification Of Filtering Video Advertising Behavior

At present,the launch of video advertising in video content play has become the main business operation mode of the major video websites in China.The birth of filtering video advertising software meets the needs of users to a certain extent.But it also resulted in a decrease in the expected revenue of the video website.In China,the court held that the competition between operators and software filtering of video advertising video sites,advertising spots in the video business model should be protected by law.The filtering of video advertising software developers use technical means to express or implied network user shielded video advertising,the video website advertising revenue fell sharply,forcing operators to adopt other ways to compensate for the losses,the long term detrimental to consumers,shall be regarded as acts of unfair competition.However,from the comparison of the extraterritorial identification,both the United States and Germany do not identify the act of filtering video advertising as a tort or an unfair competition.The United States has been advocating free competition and technological innovation.The standard of "technology neutrality" and "substantive non infringement uses"established by SONY case has created the successful practice of advertising whitelist technology.Germany's Anti Unfair Competition Law of our country has far-reaching influence,the court considered the development of space,filter video advertising operators of video website survival pressure and to consumers,technology innovation in the comprehensive,that filtering video advertising behavior does not constitute unfair competition.There are differences in the understanding of the value of the anti unfair competition law.Our country should be enlightened from the process of identification in Germany.In the face of the problem of unfair competition identification of filtering video advertising,it is necessary to change the idea of identification,remould the identification method and innovate the applicable rules.In identifying the way of thinking,we should re-examine the status of the competitive relationship,focus on the legitimacy of the filtering video advertising behavior,discard the right protected civil law thinking,and establish the independent identification path of the anti unfair competition law,and promote the return of the free competition value.In identifying methods,we should consider the impact of filtered video advertising on consumers' interests and technological innovation,and use proportional principle to comprehensively measure related interests.In determining the regulation of the application,the court of our country from "non public unnecessary interference principle"and "Anti Unfair Competition Law" the value goal of the conflict,China's newly revised"Anti Unfair Competition Law" was added to the Internet terms,but not explicitly listed filtering video advertising behavior,therefore,only to do the purpose of interpretation of the relevant provisions,in order to solve the problems identified in practice.