Author(s)

Haiwen Li , Yinshi Jia , Guangyang Zhang

Corresponding Author

Haiwen Li

Abstract

At present, resource competition in the Internet environment is increasingly concentrated on users and traffic. Some Internet operators rely on their business to rely on Internet media operation platforms with high user traffic, resulting in frequent data infringement incidents. What kind of data capture is permitted by law, and what kind of data capture constitutes unfair competition. This question has become a new problem that needs to be solved urgently at this stage. This thesis will start from a series of Sina Weibo cases to explore the court’s rules of judgment for such cases: the addition of “Internet Special Articles” in the Anti-Unfair Competition Law does not include unfair competition behaviors involved in data capture among them, the court can only rely on "general clauses" to regulate this behavior. The Supreme People's Court has made detailed regulations on the specific application of the general terms, and believes that the standard for proper conduct lies in compliance with the principle of good faith and recognized business ethics. By sorting out the rules of judgment in such cases, and then perfecting the competition relationship determination of unfair competition cases in data capture and the judging standards for unfair competition behavior, it provides feasible suggestions for China's legal regulation.

Keywords

Data Capture; General Terms; Unfair Competition