Browser Filter Video Patch Advertising Behavior Illegality Recognition Research

With the rapid development of Internet economy, Internet technology has penetrated into all aspects of people's life, and exerts a subtle influence on the social and economic development trend and way of life of the masses. Now, watching online video has become one of the widely popular ways for Internet users to access to obtain information and entertainment, but users who accept free online video service must watch patch advertising, and lengthy patch advertising has seriously affected the viewing experience of users. Therefore, the browser operators provide the patch advertising services through filtering technology, in order to achieve the purpose of improving user experience and increasing user traffic growth. Because browser filtering video patch advertising behavior in the Internet economy environment, does not involved in the "Anti-Unfair Competition Law", the regulation of specific types of ACTS of unfair competition, and the behavior between operators and consumers in the interests of the conflict, so in the browser filter video patch advertising behavior illegality identification should adopt a more prudent, rigorous attitude. This article follows the general idea of "found out problem- analysis problem- problem solving" : First of all, looking for browser filters the controversial focus of the video patch advertising behavior illegality recognition from the concrete cases; Second, taking full consideration to the behavior of different ways, for different disputes to conduct a comprehensive, in-depth and detailed analysis on the behavior of illegality to make more scientific judgment; Finally, taking example by foreign online video sites patch advertising model, business model for our online video sites improvement suggestions are put forward. In addition to the introduction, this paper is divided into four main parts:Part I: The meaning of browser filter video patch advertising. Mainly introducing the current main advertising types and characteristics of online video sites, users are forced to watch patch for a long time. At the same time, clearing patch advertising is one of the main advertising revenue way of online video sites, but is not the only source of income. In addition, this part gives a definition of filtration behavior which includes shielding and fast forward two kinds of behaviors, to know the specific meaning filtering browser video patch advertising accurately.Part II: Illegality recognition principle for browser filter video patch advertising behavior. Because, this behavior is a new type of competition, "Anti-Unfair Competition Law" for its illegality recognition can't be based on specific provisions, so that the establishment of the principle is very important. This paper makes use of the cognizance principle of competition behavior in the judicial practice, will be recognized business ethics and the principle of "non-public not necessary interference" as a browser filter video patch advertising behavior illegality recognition principle. In particular, <China Internet industry self-discipline>, <the Internet terminal software services industry self-discipline convention> will become a basic rule in the field of Internet, established the basic principles of "honest and trustworthy, legitimate business, fair competition".Part III: Illegality concrete determination of Browser filter video patch advertising behavior. Illegality concrete determination mainly consist of the aspects of subject, objective aspect, subjective aspect, object of browser filter video patch advertising behavior illegality of concrete determination. From the aspects of subject, on the basis of “theory of behavior“ that browsers and online video site operators all belong to the " operator " of " the Anti-Unfair Competition Law ", considering the particularity of the Internet economy and competition in the common interests, adopting the thinking of "downplayed competition relationship", admitting that there is competitive relationship between browsers and online video sites. From the objective perspective, first of all, the business model is conducted by the market and consumer choice, other competitors and consumers don't have the obligation to maintain the operator business model; When filtering video patch advertising services, Browser operators fully inform the user the effect of this service, and the option of opening service to consumers, shall be deemed as filter patch advertising technology meet the neutrality of technology; Finally, in the behavior that the interests of the measure, the interests of the consumers improve the browser operators combined, make the behavior with the foundation of justification. From the subjective aspect, the browser provides filtering video patch service without opening this feature automatically, they don't provide filtering service for specific online video sites, and don't affect the normal play of the online video, there is no tampering or sabotage of online video content, the browser have no subjective malice. From the aspects of object, the behavior does not infringe on consumers, the online video site operators must have impact on economic income, but the effect is the normal result of market competition and undertake do not meet the need of legal relief. In conclusion, the browser filter video patch advertising of illegality of ACTS, should not be regarded as ACTS of unfair competition.Part IV: Suggestions to China's online video patch advertising model. From You Tube, Hulu, the two foreign video website patch advertising new patterns, suggestions are put forward with the present situation of China's online video sites related. Specifically, mainly including: the introduction of way of "True View" advertising, allowing the user to select the contents of advertisements and playing time, determine if the advertising time to video time as the basis, to encourage users to watch patch advertising for bonus points.