The Cognizance Of Internet Unfair Competition

At present, Internet unfair competition disputes happen frequently because of web Browsers own advert-blocking extensions,(such as IQIYI v. UC fast- forwarding advertisements of unfair competition, etc.). That attracted wide attention from academia. YouKu v. Cheetah Browser settled with the final judgment of Beijing First Intermediate People's Court. The court decision points out that Cheetah Browser illegally blocked YouKu video advertisement. That behavior violated the recognized business ethics and has constituted an act of unfair competition. Cheetah Browser shall bear all losses. However, the following discussion has not stopped. Whether Cheetah Browser constitutes an act of unfair competition aroused widespread controversy of academia. Internet unfair competition should provide many elements. Which elements are basic elements of being unfair competition? How these elements apply unfair competition under network environment? In this paper, the main topic is discusses the elements of unfair competition arouse from the four issues the court points. Then I will combine the theory with the case to analysis the legitimacy of Cheetah Browser's behavior.The anti-unfair competition law is to adjust the relationship of legal subject between competition relationships. However, competition relationship should be judged from the behavior of legal subject but not from the business scope of the legal subject. The marrow of The anti-unfair competition law is to maintain business ethics, protect the interests of honest proprietors from dishonest competitors. Internet is dummy, real-time. Under network environment, judges can affirm the recognized business ethics according to the industry regulation or the industry practice. The antiunfair competition law has two different legal intents. Consumer benefit is one of the elements of being unfair competition. No damages do lead to unfair competition. But damages do not necessarily lead to unfair competition.Cheetah Browser V. YouKu,there is competition relationship between them. The behavior of Cheetah Browser blocked YouKu video advertisement is ethical under the Internet environment. Consumers have the needs of shielding ads during they watching the video. Cheetah Browser provides a blocking tool which meets consumers' demand. The extension of blocking YouKu video advertisement leads to the damages of YouKu. That do not necessarily mean the act of Cheetah Browser is unfair competition.