Research On The Legal Application Of A Judgment On Derived Data Disputes

Now that humans have entered the era of big data,under the economic model of the Internet,network data has become a valuable resource for companies to compete for.As a result,disputes caused by network data are becoming increasingly frequent.such as:"Zhuye accusing Baidu of Privacy dispute"、"Sina-Weibo accusing Maimai of unfair completion"、"Dianping accusing Baidu of unfair completion"、"Taobao accusing Anhui Meijing of data product case"、"The case of Headline and Tencent are suing each other for unfair competition and defamation".The data involved in the case is not simple and directly collected the raw data.Most of them are more valuable derived data formed by the complex algorithms of network companies.The existence of data does not need to be transmitted through a tangible carrier,and the data has the characteristics of invisibility and intangibility.This makes the data more complex in legal nature compared to tangible objects,making it difficult to determine what is data right and the date right should belong to who.In the judicial practice in the past two years,a case study was conducted on the"Taobao accusing Anhui Meijing of data product case"with high attention and influence.In studying the judgments of the cases selected in this article and other network data dispute cases,it can be found that many cases of network data are divided into trials under the Anti-Unfair Competition Law of China.The legal nature of network data is rarely explicitly identified in the judgment.The legal nature of the data will affect what legal norms are invoked by the judges.In this case and in many other data dispute cases,the courts seem to have unified the thinking of the determination.The clauses identify AntiUnfair Competition Law behaviors,and use this as a basis for adjudicating cases.How should derived data be considered legal?Shouldn’t derived data take ownership?Can property law be applied in such cases?How should the ownership of the derived data be determined?These are questionable issues.This article analyzes a specific case,and combines other related cases involving data disputes,combining with relevant academic papers,monographs and other literature.From the Taobao and Meijing case as the starting point,combining with judicial judgments and relevant theories of law,the legal conditions for the legal formation of derived data are studied,and the legal attributes are discussed on the basis that it is legal and reasonable.Analyze the court’s judgment path,and analyze the ownership of the derived data.Explore the basis of claims for derivative data infringement relief,and consider future legislative tasks.In the judgment of this case,there is no problem in distinguishing the original data from the derived data,and the logic of determining the legality of the derived data is clear.In the application of the law,there are disadvantages in adopting the "Law of the People’s Republic of China for Countering Unfair Competition" for adjudication,the judge has escapism in the determination of the ownership of the data,and the judgment contains a misinterpretation of the " Real right principle." Property legality refers to the legality of the type and content of property rights.This article believes that the derived data can be used to determine the rights in real property law.When infringement occurs,the derived data has the possibility of applying the Tort Law.The application of data has now penetrated into all aspects of life,and establishing a data rights protection system will become a social need.In the future legislative tasks,special legislation on data rights is bound to be carried out.