Identification Of Unfair Competition Attribute Of Video AD Blocking Behavior

With the continuous improvement of science and technology,the rapid development of the Internet industry,and the gradual sharing of global resources,great changes have taken place in people’s lifestyle.People began to get used to online entertainment,shopping and reading news.The network market gradually formed,and the network economy also developed into an inseparable part of the social market economy.The competition for resources in the Internet industry is more intense.Network operators usually improve their popularity and obtain trading opportunities through the clicks and visits of network users to their websites.Different from the way of competition in the traditional market,the way of competition in the Internet field has a higher technical content.The 2017 revision of the "anti-unfair competition law of the People’s Republic of China" in article 6 and article 12 added to regulate the ACTS of unfair competition,but due to network ACTS of unfair competition along with the rapid development of science and technology,there have been many new species,such as video ads shielding behavior of type not included in the provisions of the Internet.There is a big dispute over whether the video AD blocking behavior constitutes unfair competition behavior.In current judicial activities,the video AD blocking behavior is basically considered as unfair competition behavior,such as "Youku v.Beijing Qiguo Company unfair competition case".Based on the summary and discussion of the case of Youku v.Beijing Qiguo Company of unfair competition,the focus of controversy and the viewpoints of the academic circle,this paper points out the problems existing in the judgment method of whether the video advertisement blocking behavior is justified by the principle of good faith and the recognized business ethics in China.Combined with the current development trend of the market economy and market competition attributes,thinking at present,the court in justification for videoadvertising shielding behavior standards is reasonable,the debate about whether the court when the referee video advertising shielding case attributes should be combined with the market competition,to transform the thinking mode of rights protected mode,the method of using benefit measure applicable general terms and conditions to improve the path of video advertising shielding action,thus achieve "anti-unfair competition law" regulation of unfair competition act to protect the interests of the diverse purposes.When judging video advertisement blocking behavior,specific cases should be analyzed.This paper USES the discussion of "Youku v.Beijing Qiguo Company unfair competition case" to analyze the current path of judging video advertisement blocking behavior in China,and puts forward some scientific Suggestions for the judging method of video advertisement blocking behavior.