Legal Protection Of Network Live Broadcasting Platform

As a product of the rapid development of interconnection technology in the 21 st century,live network broadcasting has developed rapidly with the widespread popularity of the use of carriers such as computer and mobile phones.In recent years,the number of domestic live broadcasting platforms,financing scale,operating income and the number of users have shown a trend of rapid growth.According to statistics,up to June 2018,more than 400 million users used live broadcasting,an increase of 2.94 million compared with last year,with a user rate of 53%.The content area of online live broadcasting is divided into four categories,namely reality show,sports,games and concerts.Under the influence of the Russian World Cup,the user rate of live sports broadcasting increased by 4.9 percentage points compared with the same period last year.From the perspective of the development of the industry,the advantages of the network live broadcasting platform are gradually improving.Compared with 2016,the revenue of the network live broadcasting market increased by about 40%,and the development of the network live broadcasting market tended to be stable.The network live broadcasting market is becoming more and more mature and stable,gradually forming a fixed user group,with a certain commercial profitability.In order to compete for users and market share,the competition between network live broadcasting platforms becomes more and more fierce,and the unfair competition among network live broadcasting platforms also emerges one after another,resulting in legal disputes between platforms and platforms,which seriously hinders the healthy and long-term development of network live broadcasting as a new industry.At the same time,a large number of disputes are lack of necessary legal regulation,and there are serious deficiencies in the legal protection and regulation of live webcasting platform at the legislative level.As a result,there are still some uncertainties about the applicability of the law in the relevant cases.Nowadays,the development of the network live broadcasting industry is booming,so how to deal with the vicious competition of the network live broadcasting industry,how to effectively regulate the unfair competition of the network live broadcasting industry,how to provide a reasonable legal solution to the characteristics of the network live broadcasting industry and the current problems,and how to protect the legitimate rights and interests of the operators and consumers of the network live broadcasting platform become The problems that need to be solved urgently in the development of network live broadcasting industry.This paper will focus on the prominent problems in the legal protection of the network live broadcasting platform.It is hoped that by sorting out the different paths of the legal protection of the network live broadcasting platform in China,the problems of ambiguity and uncertainty in the application of the law will be analyzed,and solutions will be put forward to better maintain the competitive order of the network live broadcasting platform industry.This article will discuss the rationality and superiority of the regulation of network live broadcasting through the Law of Anti-Unfair Competition from different perspectives,explore the reasonable effectiveness of the regulation of network live broadcasting from different aspects,and provide ideas for future judicial practice,so as to show the Law of Anti-Unfair Competition.? The guidance effect of the network live broadcasting industry provides the basis for the legislation of the network live broadcasting industry.This paper is mainly divided into five parts,starting from the analysis of the current situation of legal protection of the network live broadcasting platform,aiming at the existing problems,combining with the theoretical knowledge analysis of existing protection paths,it puts forward the functional advantages of legal protection through the Anti-Unfair Competition Law,and studies the deficiencies of the Anti-Unfair Competition Law,and puts forward more comprehensive suggestions.The first part mainly explains the legal protection of the network live broadcasting platform.This paper expounds the definition of network live broadcasting platform,and describes the meaning of network live broadcasting platform according to relevant policies and regulations.Through reviewing and summarizing the existing research literature,we can have a better understanding of the legislative situation of the network live broadcasting,highlight the legitimacy of its legal protection,and collect relevant cases of the network live broadcasting in judicial practice,emphasizing the necessity of legal protection.The second part mainly combines the typical cases in China in recent years to analyze the main legal protection path of the network live broadcasting platform in judicial practice,namely the Copyright Law and the Anti-Unfair Competition Law.Through the analysis of typical cases,this paper elaborates the different paths of the Copyright Law and the Anti-unfair Competition Law in the application of the law to the network live broadcasting platform,as well as the related problems.It points out the problems existing in the legal protection of the "Copyright Law" in the network live broadcasting,and finds that the court uses the "Anti-Unfair Competition Law" to solve the problems in the protection of the network live broadcasting platform.The third part analyses the rationality and validity of the Anti-Unfair Competition Law on the protection of the network live broadcasting platform,and discusses the protection function of the Anti-Unfair Competition Law on the network live broadcasting platform.Through the protection of the operators of the network live broadcasting platform,the double regulation of the Anti-Unfair Competition Law,the deficiency of other legal norms is compensated,and the new type of unfair competition behavior is regulated by rapid response.It also analyses the protection of consumers' interests from different perspectives.Through the advantages of the Anti-Unfair Competition Law on the protection of the network live broadcasting platform,it puts forward the functional value and advantages of the Anti-Unfair Competition Law on the independent protection of the network live broadcasting platform in the context of the rapid development of the Internet era.In the fourth part,based on the analysis of the above three parts,the author points out the insufficiency of the protection of China's network live broadcasting platform through the Anti-Unfair Competition Law.This paper analyses the problems existing in the application of the Anti-Unfair Competition Law in the process of law application,and puts forward the shortcomings of the specific act clause,the application of general clause,the application boundary with other legal norms and the protection of consumers,and combines typical cases to analyze the reasons for these shortcomings.In the fifth part,after analyzing the reasons why the Anti-Unfair Competition Law has insufficient protection for the network live broadcasting platform,in order to apply the Anti-Unfair Competition Law more effectively and reasonably,in view of the reasons for the shortcomings in the fourth part,the author puts forward different supplementary and perfect suggestions,and draws the conclusion of this article from the discussion of each part.