Malicious Software Anti-unfair Competition Law And Regulations

At home and abroad is not the definition of malicious software, a unified standard, but in order to better analyze the problem, we use Internet Society of China under the definition of malicious software, malicious software that is not explicitly refer to prompt the user with or without user permission, in the user's computer or other terminal on the installation and operation, against the legitimate rights and interests of the user software, but does not include laws and regulations of the computer virus and hacking software. Thus, the malicious software is software range between viruses and hackers, with some practical, which is different from viruses, hackers and malicious software, the most important feature of the software; in the user's knowledge or permission, without the user cases, forced to download and install the user's computer, access to user information, and can not be uninstalled, the manifestation of its mandatory; harm the legitimate rights and interests, and even endanger network security, harm is another characteristic of malware. As the Internet age it is a product of the market economy, its lack of traditional legal regulation of specific and clear way, the current spate of domestic malicious software related litigation cases, not difficult to see, most of the responsibility from the tort law and consumer protection laws to regulate the malicious software, but this article that, from the perspective of competition law to regulate the nature of malicious software closer and more operational.From the theory of fair competition, consumer protection and network security theory to find theoretical support for the theory, theory of fair competition, fair competition is a benign social market economy, rule of law and the pursuit of social goals to run the necessary requirements. And implementation of competition law to protect fair competition, fair as the concept of morality rise to legal principles, the concept of fair value as the basic criteria, to adjust market competitors relationship between the material interests, to clarify its rights, obligations and responsibility. Therefore, whether the real economy or the network environment of the market economy, fair competition needs to provide a good market order, so that the healthy economic development. From the perspective of consumer protection, consumer rights is the core of consumer rights, rights are protected interests can be guaranteed. Unfair competition caused by malicious software on the one hand against the legitimate interests of other legitimate contenders, but ultimately the detriment of the interests of consumers, therefore, as not to be regulated malicious software, consumer rights can not be better protected. Network security theory that science and technology is a double edged sword for the convenience of the same people, will also challenge the traditional sense of security. As the Internet has the openness and public nature, which makes it not suitable for transfer transaction information, in fact, the Internet is more like a big party, its lack of protective security measures, such as malicious software through the network technology to a country's political, economic security and personal privacy, bring all sorts of problems, therefore, caused by malicious software, security risks also need to attract sufficient attention.This type of spyware, malware sharing type of software, advertising software category, record type of software behavior, software, browser hijackers, phishing six main categories of malicious software, software anti-competitive analysis and by examining the relevant legal regulation of foreign Malware situation, summed up the can learn from, combining the current relevant legal regulations existing problems, such as the legal basis for the lack of and the burden of proof difficulties, from the typical case on how regulation of malware, Zhendui Anti-Unfair Competition Law Malware problems, some reasonable improvement recommendations.This article hopes to present our disputes involving a typical case of malicious software, the perspective of the anti-unfair competition law as the starting point, through the regulation of domestic and international status of malware investigation and analysis, expect to find a reasonable strategy for regulation of malicious software, a complete set of malicious Legal regulation of the proposed software, and safeguarding the legitimate rights and interests of Internet users.