The Analysis Of Unfair Competition Between Taobao Company And Anhui Meijing Information Technology Co. LTD

With the coming of big data time,the mining and utilization of data value has become an unprecedented concentration,and the date Capitalization has become a common phenomenon in life.However,the legislation of our country about the date property is almost blank.This also brings difficulties in the application of judicial practice.This paper Take the case of Taobao Company v.Anhui MeiJing information technology co.LTD as an unfair competition dispute case.With regard to MeiJing information technology co.LTD crawling data products-Shengyicanmou ’ behavior,this paper elabrate the date Capitalization from three focus of dispute,which include the legality of collecting and using user information from Taobao Company,the independence of property interest in date product,and crawling data product content make act of unfair competition.In the matter of the legitimacy of Taobao Company ’s collection and use of user information,Which include three aspects,The collection and use of user information mainly from Taobao Company has been approved by the user,the main provisions of the agreement involved in the case are valid from the perspective of commercial thinking.Anhui MeiJing information technology co.LTD can not prove that Taobao Company collecte user information out of scope,to illustrate the legitimacy of data products.In terms of the nature of the property of the data product,Taking the historical trend of property concept as a clue,from the perspective of philosophy,economics and law application,this paper demonstrates that data products belong to the new type of property in essence,and at the same time,holds data products are exclusive,and Taobao Company should have independent rights and interests.The property rights and interests of Taobao company are infringed by Anhui MeiJing information technology co.LTD ompany,which not only destroys the market order,but also damages the interests of other consumers.This behavior violates the general principles of anti-unfair competition law,and correspond with unfair competition.This article also further discuss how to improve the protection of personal information in legislation and establish and improve rules of data property.in view of the former,establishing the network operator-centered personal information protection legislative model,improving the user information withdrawal mechanism,improving company notification obligation mechanism,for rules of data property,clearing data property ownership allocation and promoting thedate sharing mechanism.