A Study On The Legal Effect Of Search Engine Reptile

Internet information retrieval needs to promote the rapid growth of the search engine industry, the user viscosity on the search engine has prompted the search engine service business in the market competition has become increasingly fierce competition for customers.Crawler protocol belongs to the field of search engine accepted industry standard, essence and technical protection measures set site owners to protect their own website information is not illegal capture for. Crawler agreement from the date of birth, requires the crawler protocol settings should abide by the principle of fair competition and the Internet Interconnection and interworking, shall not use the crawler hinder information exchange protocol. However, some Internet service providers to adopt some violation of the spirit of the establishment of the crawler protocol behavior in front of the huge commercial interests. To maintain the Internet normal competition order, must be the legal nature of the crawler protocol and violation of crawler agreement should bear the responsibility to clear.According to whether there is a competitive relationship between network service and search engine will be different, the legal effect of crawler protocol and violated crawler protocol behavior is divided into two different parts. Determination of the former mainly relates to civil rights and civil liability for tort. Determination of the latter relates to the behaviors of unfair competition and monopoly.This paper is divided into three parts: introduction, text and conclusion, the text is divided into three chapters.The first chapter: search engine crawlers protocol overview. This chapter mainly introduces the basic working principle of search engine, and the history background of the appearance of crawler protocol. Through the analysis of the crawler and reality application protocol, summarizes the practical legal problems of crawler protocol appeared at present.The second chapter: Internet content provider for crawler search engine providers set protocol. This chapter mainly introduced in do not have a competitive relationship, rationality of Internet content provider settings on the web crawler protocol and content restrictions. And further introduces the search engine crawler protocol violation of tort liability shall bear. The final analysis of the effect of missing default website crawler protocol.The third chapter: crawler agreement set the competitive relation between the search engine service provider. This chapter mainly introduces the establishment and competitive relation between reptiles crawl in agreement, establishment and recognized business ethics reptile protocol, relationship and violation of crawler agreement with acts of unfair competition. In addition, this chapter also by defining the relevant market analysis of China’s search engine field, clear with discriminatory contents and discrimination trading laws limit the problem setting of market dominant position service provider. This chapter also to Baidu v. Qihoo crawler protocol violation of unfair competition case made relevant comments.The conclusion part points out that the crawler protocol is recognized industry standards and business ethics. And once again made clear the paper classifies and discusses on whether the two sides have competitive relationship in the case, reasonable boundary crawler protocol settings, as well as violation of crawler protocol behavior evaluation problem.