Research On Unfair Competition Cases Of Data Capture

With the rapid development of big data technology and the continuous expansion of data application scenarios,the importance of data for enterprise operation has become increasingly prominent.The data rights and interests disputes caused by enterprise data capture and use are also continuous,and the cases involving enterprise data rights and interests disputes show an overall growth trend.In judicial practice,Generally,the principled provisions of Law of People’s Republic of China Against Unfair Competition or the bottom-up provisions in the Internet provisions are used to restrict enterprise data capture behavior,but these two provisions do not clearly specify the evaluation criteria for the legitimacy of data capture behavior,resulting in different recognition criteria for data capture unfair competition behavior,resulting in different judgments in similar cases.Therefore,how to identify that data capture constitutes unfair competition is a key issue related to the practical interests of enterprises.By analyzing the total number of cases related to unfair competition in data capture,and based on six sample cases,this paper extracts the dispute focus of data capture behavior cases: the identification of the competitive relationship between the two sides of data capture,the ownership of the rights and interests of the data involved,and defines the standards of unfair competition behavior.Firstly,it is concluded that the above-mentioned competitive behavior is still in line with the judicial practice,and the research on it constitutes the following premise: firstly,it is still in line with the unfair competition practice in our country;Under the Internet economic model,seemingly different industries will actually produce competitive relations,so it should be recognized in a broad sense.Secondly,the ownership of rights and interests of Internet data can be comprehensively recognized from three aspects: whether the enterprise obtains de facto control over the data,the cost of data input by the enterprise and whether it signs a network service agreement with users.Finally,the illegality of competitive behavior can be identified from whether the data capture behavior violates the crawler agreement,violates business ethics,and causes damage consequences.Compliance with the crawler agreement does not mean that the capture behavior is necessarily legitimate,which needs to be comprehensively identified in combination with whether the crawler agreement is reasonable or not;On the premise of not demonstrating the legitimacy of business ethics,we should be cautious and apply it as the standard to determine the illegality of behavior;The consequence of damage cannot necessarily deduce that the behavior is illegitimate.When judging the competitive behavior,it is necessary to clarify whether it is the damage caused by the competition itself or the illegitimate behavior.In terms of legal regulation,China’s current legal system does not specify the legislative provisions on data capture unfair competition,and there are some problems,such as the vague provisions of the bottom provisions in the special articles of the Internet,and the limitations in the application of the general provisions.In this regard,it is necessary to improve the rules for determining unfair competition in data crawling.