The Identification Of Browser Blocking Video Advertisements As Unfair Competition

In January 2018,Huangpu District Court of Guangzhou and Chao yang District Court of Beijing decided that blocking video advertisements by browsers did not constitute unfair competition,which aroused heated discussion in practice and theory.Because before this,the practice circle has always considered that browser blocking video advertisement behavior forms unfair competition.However,Academic group believes that browser screening video advertising is a legitimate business behavior and should not be considered as unfair competition.Because the Anti-Unfair Competition Law is technically regulates market economic behavior,and its value is to encourage free competition and technological innovation.Basing on users’ needs,browser operators endeavor to develop screening technology,which is technological progress.What’s more,business model is not the right which is explicitly protected by the Anti-Unfair Competition Law.The paper argues that behaviors of blocking video advertisements by browsers is improper.By analyzing two typical cases and understanding academic viewpoints,the author constructs the elements of unfair competition,with the help of contributing to the identification of this behavior in the future.In addition to the introduction and conclusion,this paper consists of three parts.Firstly,according to two cases with similar judgments but different results,the behavior of browser shielding video advertisement is introduced.Meanwhile the core of browser shielding video advertisement disputes is attention competition,Which is of importance for Internet industry.The second part defines the behavior of browser shielding video advertisement,and summarizes three types of behavior of browser shielding video advertisement.Secondly,in terms of the nature of browser’s blocking video advertisement,it mainly introduces three theories:unfair competition theory,infringement of copyright theory and third party infringement of creditor’s rights theory.And it explains the reasons why the latter two theories can not be applied in our country in the light of our existing legal system.The third part,it elaborates on the constitutive elements of establishing unfair competition for browser screening video advertising in detail.From the subject aspect,unfair competition behavior arises between operators.The criteria for identifying operators should focus on the behavior itself.Subsequently,there are competition relations among operators,and the broad competition relations conform to the economic reality of modern cross-border competition.Using the principle of proportionality to determine whether it violates the principle of good faith and business ethics can not only ensure the stability of the law,but also achieve case justice.The law protects the rights and interests behind the business model,including the business opportunities,trading opportunities,business interests and user groups of video websites.Finally,by analyzing Article 12 of the newly revised Anti-Unfair Competition Law,the paper points out the importance of malicious judgment and gives four reference elements for malicious judgment.