Big Data Rights Protection And Competition Regulation

Since the advent of the Internet industry,it has changed the traditional manufacture and lifestyle.The big data industry emerged at a certain stage in the development of massive information on the Internet.Big data industry is the impact of massive data on modern information technology,and it will have a profound impact on existing business models and related industries.The launch of the big data trading platform means that big data has become a tradable object,but it has not set rights to related entities at present in China.So the big data industry has grown stronger with unknown ownership.With the increasing use of big data,disputes about big data in practice have gradually emerged.For example,Sina Weibo v.Pulse case,SF Rookie data disputes and other cases involve the distribution of big data benefits.However,due to the lack of relevant legislation,the judicial decisions of the above cases did not detail the data rights and their attribution.In view of this,this paper believes that it is necessary to clarify the ownership of big data and explore the legal protection of big data.After clarifying the meaning of big data,we recognized the value of big data and discussed the need for empowerment on big data.Big data can be divided into raw data and derivative data according to the source.The raw data is generated by the data provider,and the derivative data is obtained by a certain amount of labor by the collector,the storage,the analyst,and the trader of the big data(hereinafter collectively referred to as the big data controller).According to this,big data involves the interests of both data providers and big data controllers.Most of the existing research focuses on how to protect the privacy of data providers in the big data environment,ignoring the rights that big data controllers should enjoy.Based on the design of the coordination path between the two parties,this paper believes that big data controllers can monopolize big data interests.Based on the property attributes of the big data and the characteristics of big data,we discussed the legal nature of the rights.Under the premise of clarifying the legal nature of big data rights,we will focus on the protection model of big data rights.The countries with developed data industries outside the domain,they mainly use copyright,neighboring rights and special rights to protect big data controllers.And they also regulate data competition behaviors by anti-unfair competition law.As for China's protection of big data rights,data information has been the object of intellectual property protection in the General Provisions of the Civil Law(Draft).However,due to the over-controversy,the final draft removed the data information from the intellectual property object.And the data was only protected by law in the form of a clause.However,the provision could not solve the practical dispute.Meanwhile,the industry rules focus on protecting the interests of big data buyers,and the rights of the seller's big data controller are still unclear.Therefore,China generally adopts the "Anti-Unfair Competition Law" to regulate the unfair competition behavior of big data,so as to protect the rights and interests of big data controllers.However,because the "Anti-Unfair Competition Law" does not clearly stipulate the competition behavior of big data.The Article 2 are often directly applied in judicial practice,and a unified referee standard has not yet been formed.According to the reflection on the protection mode of extraterritorial law,this paper believes that the use of neighboring rights in copyright to protect the rights of big data controllers has certain rationality.Then we focuse on the construction of the protection model of neighboring rights.We identified the non-creative input of big data controllers,the spreading function of big data,the protection of big data objects and big data technology measures by neighboring rights.Finally,in view of the shortcomings of China's protection of big data rights,we try to improve the way to regulate the competition behavior of big data in anti-unfair competition law.