Research On The Identification Of Unfair Competition Of Browser Filtering Video Advertising Behavior

My country’s current Internet economy is developing rapidly,and more and more new online competition behaviors that are not regulated by laws appear in my country’s judicial practice,and the behavior of browsers to filter video advertisements is also one of them.Regarding whether the act is an act of unfair competition,most courts affirm its impropriety,but this is completely contrary to the understanding of academia.The second-instance judgment of "Tencent and World Star’s Unfair Competition Lawsuit" overturned the original conclusion of the first-instance judgment that was widely concerned by the academic community: that the browser behavior that filters video advertisements does not constitute unfair competition.This has once again triggered widespread controversy,which is also the significance of the research of this case.On the whole,this article summarizes the basic facts of the case,the focus of the dispute,and a variety of viewpoints,and draws a conclusion that the method of measuring interests is used to clarify the focus of the dispute in the case,that is,to explain the law to show the business ethics and industry.Conventional standards are not accurate enough in the judgement of the legitimacy of browser filtering of video advertisements in our country.The interest measurement method can make a fairer and fairer determination of new types of competitive behavior,especially the filtering of video advertising behaviors,than the theory of business ethics.Specifically,this article first organizes and analyzes related cases,especially the "Unfair Competition Lawsuit between Tencent and World Star",and discusses the classic practices and ways of thinking in China in determining how browsers filter video advertisements.At the same time,it considers which way of thinking should be adopted by the judicial organs in subsequent judgments of this type of case in order to be consistent with the current market environment in China;secondly,this article compares with the traditional and commonly used methods of business ethics and industry practices,and finds Benefit measurement method The browser filters different advantages in video advertising cases;finally,it discusses the combination of general terms and benefit measurement methods,changing the way of thinking,extensive application of the "three-element superposition" benefit protection pattern in judicial practice,and finally realizing the advancement of the browser The purpose of identifying path optimization for filtering video advertising behavior.It is true that specific cases still need to be analyzed in detail.This article explores the way of thinking and the path to determine the legitimacy of the browser filtering video advertising behavior,but it does not require a result of universal value on the right or wrong of the new type of competition.A judging method and thinking that is relatively in line with the spirit of the "Anti-Unfair Competition Law".