Anti-unfair Competition Laws For Data Scraping

The Internet industry for the development of market economy brings new vitality,in constantly creates new business models,and also provides new means of competition,based on the theory of attention economy theory and the "free rider",managers often want to the cost of as little as possible for as high as possible returns,some damage to the fair competition improper means of competition to produce,Data capture behavior is a typical unfair competition behavior that can gain competitive advantage without cost.The appearance of data capture behavior disturbs the normal operation order of Internet industry.With the deepening of the understanding of the illegality of data capture,the judicial authorities gradually turn to the general provisions of the Anti-Unfair Competition Law to adjudicate data capture disputes.Starting from the classic case of data grasping,this paper analyzes the current situation of regulation on unfair competition of data grasping in China,and concludes the dilemma existing in regulation of data grasping in Anti-Unfair Competition Law.For example,there is a lack of clear legislative provisions on unfair competition in data grabbing,and there are limitations on the application of "general provisions" to unfair competition in data grabbing,imperfect damage compensation system and lack of supervision mechanism at the judicial level.According to the actual situation in China,the application conditions of general terms are clarified and the scope of application is reasonably determined.At the same time,in view of the lack of stop-loss mechanism and damage compensation effect is not ideal,by the introduction of the ban and reinforcing the punitive compensation system,through the clear applicable rules ban before litigation,there are more practicable design system of damage compensation standard reference factors and reference Suggestions,such as reasonably regulate anti-unfair competition law regulation data fetching behavior problems.