Research On The Anti-Unfair Competition Law Of Data Scraping Behavior

In the age of big data,with the rapid development of digital economy,the value of data is becoming more and more prominent.The following unfair competition disputes for data are also increasing.Due to the high efficiency and low cost of data capture and collection,many companies give priority to data collection.However,in order to maximize benefits,misuse of data capture will damage the competitive advantage and enthusiasm of other enterprises,and undermine the market order;On the other hand,if the captured data party abuses the anti capture technology to restrict the capture of data by other operators,it will hinder the free flow of data,thus causing the risk of data monopoly and reducing the potential value of data.In the face of the rapid development of the Internet market,China’s current laws are obviously lagging behind.In judicial practice,due to the non-uniform standards for identifying unfair competition in data capture,there has even been a phenomenon of different judgments in similar cases.Therefore,in order to promote the rational use of data,balance the interests of operators,and maintain the competitive order of the Internet market,it is necessary to propose a more scientific governance plan for data capture.This paper is divided into five parts.The first part clarifies that the topic of this paper is selected in the context of the increasingly fierce competition for data in the Internet market,which leads to the theoretical and practical significance of this topic,that is,it can provide theoretical support and ideas for more reasonable regulation of data capture behavior,and create a more stable competition order for the Internet market.At the same time,it also made a certain review and evaluation of the domestic and foreign literature,and pointed out the innovation and shortcomings of this writing.The second part starts with the concept of data capture.By analyzing the positive and negative effects that data capture can bring,it leads to the characteristics of its own technology neutrality.Combining the ability of market self-regulation and the order of free competition,it emphasizes that the value of data can be realized in free circulation.Secondly,it is clear that the fundamental purpose of the competition law is to maintain the balance of the market order.On this basis,the positive and negative impacts caused by data capture are analyzed from multiple perspectives,pointing out that the value and significance of regulating such disputes through the anti unfair competition law can only be reflected by balancing the profits and losses of operators,users and social public interests.The third part,from the legislative level,summarizes the main ways of regulating data capture behavior in China at the current stage,and combines the cases in judicial practice,proposes the lack of legal norms and the problems in response to improper data capture behavior in China.On the one hand,due to the lack of detailed standards and rules in relevant laws,in judicial practice,more cases of unfair competition disputes caused by data capture still rely on the general provisions of the Anti unfair Competition Law,and the use of this provision also has many drawbacks.First,it is often impossible to make a clear judgment on the interests and damages of all parties in specific cases,As a result,the rights and interests of a party are damaged and ignored,it is difficult to carry out timely damage relief,and the fairness in the free market competition is undermined;Secondly,the definition of the illegitimacy of data capture is vague.Due to the lack of scientific and reasonable identification standards,the lack of a certain degree of persuasion affects the judicial authority.The fourth part is a reference to foreign experience.The article has listed the"special rights protection" system in the EU’s Database Protection Directive and the authorization system of the US Computer Fraud and Abuse Act to prohibit data capture.The former excessively restricts the circulation of data through the protection of copyright law,so this paper believes that we should firmly regulate data capture from the perspective of anti unfair competition;The latter’s reform of authorization system,on the one hand,provides corresponding protection channels for data holders,and also encourages the free circulation of data,which is worth learning from.The fifth part is to propose corresponding solutions to the regulatory dilemma faced by China in data capture.This paper believes that the identification of the illegitimacy of data capture behavior should not be based on the perspective of a single victim,but should be combined with multi-level factors.In addition to the legitimacy of data capture and anti capture technology,the characteristics of the Internet market competition environment,the value of the data itself,and the input of all parties in the process of competing for data,should be considered.The fundamental purpose of regulating data capture by Anti unfair Competition Law is to safeguard the interests of operators and the order of free market competition.Therefore,the introduction of a more scientific interest measurement mechanism to balance the interests of all parties so that the solution can maximize the interests and minimize the comprehensive damage is the basis for formulating corresponding regulatory plans.The second is to consider the identification criteria of unfair competition behavior in an all-round way,including whether the data is authorized,processed and disclosed.The application of the general provisions of the Anti Unfair Competition Law,which is relied on in judicial practice,should adhere to the principle of modesty.