Research On The Legal Regulation Of Unfair Competition In The Crawling User Data

For the Internet operators,users' data has become an important commercial capitals,which can enhance the competing advantages and bring vast economic interest for Internet operators.When the competitors crawling user data without permission or proper reasons,such behaviors may harm the legal rights of the Internet operators,thus forming the unfair competition.Based on the cases of unfair competitions caused by crawling user data,this thesis concretely expounds in the following chapters:Chapter 1: The cases of unfair competitions caused by crawling user data is used to summarize the legal regulations dilemma of unfair competition in the crawling user data.Because the unfair competing behaviors of crawling user data is not the clearly prohibited as competitive behavior in Anti Unfair Competition Law,the problems of“General Term” will arise in the anti competing regulations.Besides,the confusion in the administrative supervision of the unfair competition in the crawling user data and the lack of industry self-regulation have not been effectively solved.Chapter 2: This chapter introduces the concept,characteristics of the unfair competition in the crawling user data and theoretical basis for its regulation.The unfair competition in the crawling user data refers to the crawling of Internet operators' information without permission or reasons and using the user data with commercial values to others,which can take the place of other operators' products aswell as services.Its features include low cost and strong concealment.This paper holds the opinion that the theoretical basis for the regulation of unfair competition in the crawling user data includes the Theory of Data Information Property,the Theory of Hitchhiking as well as the Theory of Attention Economy.Chapter 3: This chapter analyzes the conditions for the identification of the unfair competition in the crawling user data from four aspects,including the main elements,the object elements,the unjustifiable and the harmful consequences of the user's data crawling behavior.First of all,the main body for the implementing user data to crawl unfair competition is the competitive Internet operators.Secondly,the objects violating the unfair competition behavior include the legitimate rights,interests of the Internet operators,users' legitimate rights and interests as well as social public interests.Thirdly,to judge whether the user's data crawling behavior is unjustifiable,it is necessary to consider whether the Internet operators can obtain and utilize the legal compliance of the user data,whether it is authorized by the user,whether it pays the huge cost or not and whether the user data has commercial value.Finally,operators' data crawling behavior reduces competitors' trading opportunities,damages the legitimate rights and interests of competitors.Chapter 4: Suggestions on Legal Regulation for the unfair competition in the crawling user data are put forward in this chapter.First of all,it is advised in this article that the legal regulation on the unfair competition behavior for user data should be applicable to the "General Provisions" of the Anti Unfair Competition Law,and it can be explained by the Supreme Court to make up for the limitations of the application in the "General Terms".However,in the long run,based on the legislative purpose of Anti Unfair Competition Law,in order to maintain a fair competition order,it is an inevitable trend for the unfair competition in the crawling user data to be included in the Internet specialization of the Anti Unfair Competition Law.Secondly,this paper recommends that the State Administration of Market Supervision and Management should combine with the Ministry of Industry Information and other relevant departments to carry out the comprehensive renovation on the unfaircompetition behavior of the network to strengthen the administrative supervision.Finally,I think that we should give full play to the self regulatory role of industry associations and enhance industry self-discipline for user data crawling unfair competitions.