Study On The Cases Of Ad-blocking Disputes Under Anti-unfair Competition

With the continuous development of Internet technology and the increasing disputes of Internet advertising interception,Chinese courts have decided to protect the interests of website operators for a long time.The aim is to protect the existing business model.Judges who try cases of advertising interception of unfair competition disputes creatively apply the principle of "non-public interest necessary non-interference" in judicial practice,and basically decide that advertising interception is an unfair competition act.However,the court judgment of Mango TV v.Baidu Advertising Interception Unfair Competition Case in 2018 is different from the previous position.For the first time,the court decided that advertising interception does not constitute unfair competition,focusing more on encouraging the progress of network technology and protecting the interests of consumers.These changes show that when hearing the latest related cases,the courts in China focus on protecting interests of consumers,maintaining fair competition order in the market,and no longer blindly adhere to the business model of protecting video website operators.The main content of this paper is divided into five chapters.The first chapter is an introduction.The main space is used to introduce the background,significance,research status in China and abroad,research methods and the main framework of this paper.The second chapter is to count the number of Chinese advertisement interception disputes in the past 10 years,and then to summarize the focus of disputes and its legal analysis based on typical cases.The third chapter is to analyze the relationship between advertising interception and business model protection.Emphasis is placed on whether business models should be mandatory protected by law.Website operators use a certain business model as a means to gain profits.They should regard it as free competition in the market and should not apply compulsory legal protection.The fourth chapter is to analyze the legitimacy of advertising interception.Advertising interception is conducive to protectinginterests of consumers,but it will also damage the business model of website operators at this stage.Advertising interception technology has advantages and disadvantages,which should be viewed from the perspective of technology neutrality.We should respect choices of consumers to enhance their online experience and voluntarily choose to intercept advertisements.In summary of the above,judicial practice should consider advertising interception as a legitimate market competition.The last chaper is the perfection of the legal regulation about advertising interception.Starting from two aspects of legislation and judicature,we should formulate laws related to advertising interception disputes and pay attention to the interests of consumers.The Supreme People's Court should issue relevant judicial interpretations.We should clarify legal responsibilities and make separate legislation for new types of Internet cases from legislative aspects.At the same time,we should set up professional judicial teams and improve judicial relief procedures.In judicial practice,we should adjust the rules of judging the legitimacy about competition and pay attention to protecting the interests of consumers.We should ensure fair competition in the market.When trying cases of advertising interception about unfair competition disputes,Chinese courts should pay more attention to protecting interests of consumers and respect free competition in the market.The courts of our country should keep a good balance of interests among the main bodies and promote the development of internet technology.