Browser Filtering Video Ads Unfair Competition Analysis

In recent years, the sudden emergence of the networking industry, the great wealth of network resources and convenient network is changing people’s lives, people no longer have to watch TV in front of television, as long as the Internet opened a video site can watch whenever and wherever they like program, this is convenient for people’s lives. However, too much, too long of advertising also increasingly attract users dissatisfied. In order to meet the wishes of users do not see ads and increase their volume of users, some browsers operators introducing a filtering video ads feature browser, which an act to reduce the revenue video site that will destroy the business activities of the video site. Therefore, disputes are inevitable. As the law does not provide for such behavior, coupled with technological innovations and taking into account the protection of the interests of consumers, thus triggering a wide-ranging discussion in practice. As a typical case of unfair competition, spam filter of LieBao browser play an important role in future settlement of the conflict. However, in the development of technology, unfair competition cases of the new network will be continue to appear, in order to reduce class conflict, specifically the Internet competition rules, the article is divided into five parts discussions.Part I: Outline of the LieBao browser unfair competition case. First, basic introduction the merits of the case in this section. The next elaborate on the first trial and the second trial view, and hear the results of first and second instance.Part II: analyze the LieBao browser unfair competition case. there are three focus of controversy case. First is the business model that whether protected by law, through the "free + ad" model in advertising nature analysis, one can assume the plaintiff’s business model should be protected by law; the second issue is whether the plaintiff and the defendant whether there is competition, due to the characteristics of the Internet field, finds competition should generalized competitive relationship, and examine whether there is the possibility of harm to others and benefit yourself, so you can determine the existence of a competitive relationship with HeYi company and JinShan company; and the third issue is whether the JinShan company constitute unfair competition, as JinShan has improper behavior, not in line withtechnological neutrality and defend the public interest, therefore JinShan company constitutes unfair competition.The third part: the reflection of the LieBao browser unfair competition case, the first reflection is on the border issue free competition, free competition should not only comply with the concept of fairness, good faith and accepted principles of business ethics, it should comply with industry standards and the law; the second reflection is handling the relationship between technological innovation and unfair competition in network environment, to determine the nature of a new technology, you can use a "substantial non-infringing use" and incentives analysis comprehensive judgment; The third reflection is the network environment "of non-public need not to interfere with" the application of the principle.The fourth part: briefing abroad, first introduced the United States and Germany for ad filtering approach, the two countries more tolerant of ad filtering, rarely judgment constitute unlawful conduct; followed by is to introduce two video sites advertising model of United States YouTube and Hulu’s, mainly analyze their advertising success; and finally introduce a mainstream ad-blocking software Ad-block Plus, and especially its advertising white list mode.Part V: proposals to resolve the conflict filter ads. first, to improve the video site advertising model: build quality advertising, reducing the number of ads; changes the form of advertising; allowing users to have more choices. Second, as the main consumer white list construction, clear white list manager, acceptable standards of advertising and into the white list program. Third, clear Internet competition rules, can be carried out from the legislative, judicial and industry self-regulation.