Research On The Regulation Of Competition Law For Faking The Playback Data

With the progress and development of the Internet economy,traffic has gradually become a quantifiable indicator to measure the popularity of network products in the market,and it has become an important reference of the value,influence and market potential of a certain type of product in the market.The video playback data can not only reflect the market popularity of a video,but also the main reference data for the video playback platform to calculate advertising and copyright fees with advertisers and video producers.In order to increase the playback data of their videos and obtain more copyright fees paid by the platform,some video producers entrusts the company to falsely increase the video playback data,thus gave birth to the gray industry chain of "faking video playback data".Regarding the behavior of faking video playback data,most video websites previously adopted a laissez-faire attitude and only adopted certain technical measures to block faking data.The unfair competition dispute between IQIYI Com.and Fei Yi Com.was the first case of regulating the behavior of faking video playback data,which has widely attracted the focus of the people.In this case,the court of first instance applied general terms to regulate,while the court of second instance considered that the behavior of faking video playback data was false publicity and general terms should not be applied.In other cases that also involved the behavior of faking video playback data,some courts applied the new Internet terms added to the Anti-Unfair Competition Law to regulate.It is also based on the fact that different courts have applied different terms in their regulation,which has caused confusion in the application of the law and affected the unification of judicial judgment standards.The constitutive requirements of the behavior of faking video playback data and unfair competition behavior are completely consistent,which is a new type of unfair competition.Faking video playback data service providers use the method of faking to help their customers quickly increase video playback in a short period of time in an improper manner,defraud real users to click,and gain a competitive advantage.Its behavioral characteristics are in full compliance with the term of false publicity of the Anti-Unfair Competition Law.Regarding the newly emerging unfair competition behavior in the online industry such as the behavior of faking video playback data,the general terms or the Internet terms should not be directly used for regulation,but the false publicity terms in the specific provisions should be selected.Currently,in the process of applying the regulations of the Anti-Unfair Competition Law to the behavior of the behavior of faking video playback data,there are problems such as unclear legal definition,narrow scope of liability,insufficient compensation amount,and difficulty in obtaining evidence.Therefore,to truly eradicate the behavior of faking video playback data,not only must the platform website itself protect itself through technical measures,but also related laws and regulations should be improved,the legal nature of the behavior of faking video playback data should be clearly defined,the scope of legal liability subjects should be broadened,and the burden of proof should be allocated rationally,and increase punitive damages regulations.Through multiple measures and coordinated governance,we can effectively curb the occurrence of the behavior of faking video playback data,and better purify and promote the development of the industry.