The Application Of Robots Exclusion Protocol From The Perspective Of Anti-unfair Competition From Baidu V Qihoo

The Robots Exclusion Protocol is refers to the Internet site owners use the robots.txt file, is network robot been given the site instruction to agreement, robots exclusion protocol stipulates the robots.txt grammar rules and norms and basic principles, and robots.txt stipulates the search engine robots would be able to visit the web page, and scope of access.The competitive relationship in The “Anti Unfair Competition Law” is a kind of generalized competitive relationship, could be judged by the honesty and credit principle, it has great applicability to the identification of unfair competition on the Internet platform. Search engine in violation of the robots exclusion protocol to grab the content of the target site behavior is Subject to the regulation of the general provisions of the Anti-Unfair Competition Law, that nature is tort. Using robots exclusion protocol to exclude specific crawler access is a form of discrimination or refusal to deal with the defense, Is not applicable in the case of unfair competition.Embodied in the Internet interconnection is the ultimate link, search engine to the flow of information can link to set the robots.txt page, but this is not excluded the free acts in violation of the robots exclusion protocol. Technology is neutral, but technology can also become a tool for unfair competition, so the technology is not set up a neutral defense. This article based on the case of Baidu v. Qihoo, focusing on the cognizance of the robots exclusion protocol unfair competition behavior, and establishing corresponding defense.Except the introduction and conclusion, this paper consists of five parts:The first part is “introduction of the case and the main focus of controversy” This part makes a simple summary of case Baidu v. Qihoo, summed up the three major controversial application of robots exclusion protocol exists controversy: One is the nature of the industry practice of the robots exclusion protocol, the second is the relationship between violation of robots exclusion protocol and unfair competition, three is the problem of abuse of robots exclusion protocol.The second part is “The nature of the robots exclusion protocol and its abuse”.This part first expounds the connotation of the robots exclusion protocol, and then shows the different views on the nature of the robots exclusion protocol in the academic and practice. Based on the analysis of different views and facts, this paper views: the robots exclusion protocol is an industry recognized business ethics.The third part is “a violation of the robots exclusion protocol and the Anti Unfair Competition Law”.This section is applicable to the analysis of general terms and general terms, combined with the specific case, analyze the applicability of the general provisions of the robots exclusion protocol dispute, and the specific conditions of use.The fourth part is “from Baidu v. Qihoo case on the application of anti-unfair competition from the perspective of robots exclusion protocol”. This part is based on the summary of the above, from the “Anti Unfair Competition Law”, the Internet industry and diverse dispute resolution mechanism this three different angles, proposed the robots exclusion protocol application.The conclusion part is a brief summary of the full text, reiterate the case and this article for the robots exclusion protocol applicable and dispute resolution in the existing problems.