Research On The Determination Of Unfair Competition In Providing Video-Ads-Blocking Software

In recent years,the number of cases of blocking video advertisements accepted by China’s courts has been increasing.In such cases,plaintiffs sued on the grounds of unfair competition.Courts usually make judgments in conformity to Article 2 of the Anti-Unfair Competition Law,but due to its vague meaning,the courts have made many deviations in the application of this article,resulting in the problem of different judgments in the same case.Through the analysis of 49 related cases,it is found that the differences in the court’s judgment mainly focus on the determination of the three constituent elements of "competitive relationship","business ethics" and "damage".In order to unify the adjudication scale and ensure the uniformity of the application of the law,we must first recognize the importance of the competitive relationship to the determination of unfair competition,choose a reasonable interpretation method of "generalized competition relationship",and extract the criteria for the determination of the competition relationship.Secondly,it is necessary to interpret the unclear connotation of "business ethics" and it is reasonable to interpret "business ethics" as the subjective fault of the actor,but it still needs to be amended to further clarify the subjective state of the actor as "intentional".Finally,with regard to the "damage" element,it should be recognized that the Anti-Unfair Competition Law protects the legal interests behind the business model,not the business model itself.When applying the Anti-Unfair Competition Law,the damage to the interests of consumers should not be listed as the criterion for determining acts of unfair competition,and when determining the damages of video website operators,it should be highlighted that the damage suffered by them is "substantial".