Legal Analysis Of The Case Of Weibo V.Yifang Company For Unfair Competition Dispute

The contradictory focus of the new Internet unfair competition dispute mainly focuses on the determination of whether there is a competitive relationship between the participants,the determination of the nature of data grabbing behavior and related damages.Among them,there are many disputes about the nature of data grabbing behavior in academic and judicial circles.This paper takes Sina Weibo v.Ant Square Company as an example to discuss the solution of unfair competition dispute.According to relevant news media reports,this case is listed as a typical case involving data and information unfair competition disputes,which has aroused widespread concern and discussion in the legal field,and is of great significance for studying new unfair competition disputes on the Internet and guiding market participants to carry out market activities in an orderly manner.This case is mainly discussed from the following parts:The first part: The case of unfair competition dispute between Sina Weibo and Ant Square Company is selected,and the relevant case and the judgment result of the court are summarized and analyzed.Sorting out the contradictions and disputes in this case,that is,whether there is a competitive relationship between Sina Weibo and Ant Square Company,whether the data capture behavior is legal,and the calculation results of damages caused by this case are controversial.According to the focus of the above contradictions and disputes,a concrete analysis is carried out.The second part: analyze whether the subject of this case constitutes a competitive relationship.By enumerating the disputes existing in the competitive relationship,this paper makes a concrete analysis of the criteria for determining the competitive relationship,and judges whether competitors from different industries can form a competitive relationship in combination with relevant laws and regulations.The third part: Analyze the nature of data grabbing behavior.This paper lists the views on the identification of the nature of data grabbing behavior,and discusses the identification of the illegality of illegal data grabbing behavior in combination with existing legal provisions,judicial cases and related academic views.Many factors should be comprehensively considered in determining the nature of data crawling behavior,including that the data grabber is not authorized effectively,the means of grabbing data is improper,and the data crawling behavior causes substantial damage to other operators.The fourth part: The calculation of the amount of damages caused by data grabbing is discussed.Through the discussion of the damage compensation system,from the perspective of protecting the interests of the data controller,this paper makes a concrete analysis of punitive compensation and compensatory compensation and discretionary treatment often used in judicial practice.