Research On Unfair Competition Of The Network Based Netflow Hijack

At present, the high-speed development of the Internet, the Internet enterprise rapid rise, the commercial application of network is more and more widely changed the way people live, has pushed the pace of social development network technology, network for the development of the huge economic business challenges and variety. User resource is network competitors’ products and services based on the fundamental, to compete for the user resources. Internet companies do not hesitate to use unfair means, in violation of the relevant laws and regulations, infringement of its competitors, consumers and the legitimate rights and interests of the public, to obtain illegal profits, serious damage to the network economic order of justice and the market order.Netflow hijack belongs to a kind of network unfair competition, usually to prevent users access to rival products, hijacked browsers and search engines, or change a browser address data links, access and click rate has reached to increase website, improve site visibility and awareness, enhance the commercial purposes. This not only make other operators user reputation has been severely damaged, and at the same time it brings huge influence to its normal operating earnings, to cause a decline in the quality of the product or service the Internet at the same time, damage the normal user experience. In the netflow hijack of unfair competition disputes, traffic cases have been hijacked, in the process of flow kidnap cases identify and determine tend to cause many social disputes, the fundamental reasons that in the process of legislation and lawen for cement, and the lack of a sound legal basis and mature management system, laws related to government departments in view of the problems to make further improvement is needed.In this paper, based on the network unfair competition, conduct a comprehensive analysis on netflow hijack behavior, and enumerates the baidu v. 360,baidu v. Everest and baidu v. Beijing sogou mobile browser cases of unfair competition. Theory combined with practice, summed up based on flow hijacking behavior of acknowledgment and pending issues, including laws adjustment lagging behind and limitations, proof difficulty, litigation takes longer, abuse of jurisdiction, of compensation is low, and the problems in the administrative lawen for cement. Through in-depth analysis of the problem, combined with the actual execution, in view of the problem from the aspect of legislation, judicial practice and administrative regulation put forward the corresponding solution measures and proposals.