Antimonopoly Law Analysis Of Digital Music Platform Refusing To Transfer Exclusive Copyright

The transformation and development of Internet,big data and other technologies have also brought vigorous development to the digital music industry.From the State Copyright Administration ordering online music service providers to stop the dissemination of unauthorized music works,to the state market supervision and administration "calling a halt" to the exclusive licensing mode prevailing in the digital music market,whether the exclusive licensing mode of digital music is reasonable and legal has been highly concerned and discussed by all walks of life.Because of its positive effects of reducing transaction costs and promoting copyright protection,as well as the anti competitive effect of blocking the market and damaging the welfare of consumers,people have serious doubts about this business model,and there are also disputes in the academic circles about whether it is regulated by the anti-monopoly law.If the answer is yes,then how to effectively regulate it is an urgent problem to be solved.We must balance the interests of all parties,not only ensure that the copyright protection is not impacted,but also promote the differentiated competition in the market industry,and protect the interests of consumers from damage.The exclusive licensing behavior of the copyright owner itself does not have the "original sin" that deserves to be criticized.Combined with the copyright disputes among major online music service providers and the fact of state administrative intervention in recent years,we should focus on the platform side to solve the risk of music copyright market competition.Under the exclusive license mode of digital music,there are three ways for the platform to abuse its market position.In order to put forward targeted suggestions,this paper takes the behavior of "refusing to grant exclusive copyright" as the research object.Music platform’s refusal to sublicense has a certain anti competitive effect,which may cause damage to the normal market competition order,consumer interests and social public interests.However,the existing provisions of the copyright law lack necessary restrictions on it.In addition,the refusal to sublicense itself infringes the legal interests protected by the anti-monopoly law,so the anti-monopoly law refuses to sublicense the platform service providers It is necessary to regulate the right behavior.Combined with the characteristics of Internet platform economy and the latest "anti monopoly guide of the State Council in the field of platform economy",this paper analyzes the illegality of digital music platform’s refusal to sublicense according to the reasonable principle,comprehensively considers four elements: relevant market definition,determination of market dominant position,determination of refusal to trade behavior and substantial competition damage,and puts forward reasonable defense reasons.The characteristics and significant technicality of Internet two-sided market bring challenges to traditional SSNIP method and alternative analysis method.The analysis method based on demand alternative analysis can more accurately define the relevant market.The lock-in effect of digital music platform users and the trend of Pan entertainment also make it difficult to identify the dominant position in the traditional market.Simply taking the number of users as the basis for calculating the market share will lead to large deviation,and the data such as the number of plays and downloads can better reflect the market influence of the platform.In addition to the market share factor,the market entry barriers based on the number of users and copyrights are also important factors in determining the dominant market position.In order to respond to the national anti-monopoly policy on platform economy and better resolve the competition risk caused by digital music platform refusing to sublicense exclusive copyright,based on the basic principle of "prevention first,combination of prevention and control",this paper uses the relevant practices of the United States and other countries for reference,from improving the burden of proof system,adding reasonable restriction system,promoting the sublicense between platforms and strengthening the anti-monopoly mechanism In order to provide antimonopoly law regulation suggestions for digital music platform to refuse to sublicense exclusive copyright,four aspects of the review of the refusal to sublicense by monopoly agencies are discussed.