The Study On Anti-Unfair Competition Regulation Of The News-aggregation Behavior

The application is able to appear and popularize because of the intelligentize on mobile,according to in complete statistics,as of June 2016,there are m ore than 4 million APPs in the dom estic application stores,and the num ber is in high-spee d growth.News APP as an acc ess to news and infor mation,it has developed rapidly both at home and abroad in this context.According to different operation subjects,the news app can be divided into two categories: one is a m edia as th e main body of m edia news client;the other is a self-built aggregation news to the client by the media institutions.With the speed-up of the pace of life,frag mentation reading becomes a trend and news aggregation App is more and more popular with the users.News aggregation APP can greatly save the user's search costs,bring a good user experience.But,because academic circles has not yet reached a consensus on one of the object of news aggregation behavior,the protection of current news become a blind spot of the Copyright Act.At the same time,news aggregation behavior has the characteristics of concealm ent,diversifies of means of competition,tends to cause infringement to the interests of the other competitors,damages to consumers' rights to know and option,causes adverse effects to the order of fair competition in the market,this is the anti-unfair competition law can't stand.Anti-unfair competition law,of course,for the news aggregation beha vior of the regulation is not perfect : lack o f cohesion with the copyright law,the second rule is too abstr act,lack of legal liability provisions,the law enforcement system is not sound and lack of related m echanisms.Following the way of "finding problem--analyzing the problem--solving the problem",This paper carries out its discourse.Firstly,this paper analyzes news aggregation behavior deeply,looking for possible infringement;secondly,this paper attem pts to use the copyright law to regulate the infringem ent behavior and points out the disadvantages of it;thirdly,this paper tries to introduce the anti-unfair competition law to regulate the news aggregation behavior,and combine the extraterritorial experience and domestic judicial practice on its feasibility argumentation;finally,this paper will analyzes the shortcoming of the current anti-unfair competition law,and combines the anti-unfair competition law of draft to find out the feasible concrete path.Apart from preface and conclusion,this paper consists of four parts:The first part: the news aggregation behavior analysis.Firstly,introduce th e definition of news aggregation,because the definition is the logical sta rting of theoretical research;secondly,analyze the elements of news aggregation behavior,including the subject elements: news content provider,channel provider and users;the object elements: news and current news;be havior patterns: tr anscoding and link.Through the analysis of these elements to find the legal problems of news aggregation behavior and because of the presence of these legal problem s will dam age the interests of the news content provider,destroy the normal business model and disturb the order of market competition,we need to regulate it.The second part: copyright law governance dilemma of news aggregation behavior.This part mainly includes two as pects: whether news aggregation behavior of infringement of copyright,and the difficulty of copyright law rules and regulations on the news aggregation behavior.In the first part,it mainly analyzes whether it infringe of copy right and the right of communication information through network,and through the analysis it comes to the conlusion that it is difficult to maintain news aggregation behavior is illegal;In troubled part of the copyright law system news aggregation behavior,combined with the part of the analysis,to list copyright law regulation difficulties,including unclear definition of current news,the or iginal request and the limitation of the doctrine of numerus of intellectual property rights.The third part: the introduction of the regulation of anti-unfair competition law on news aggregation behavior.Firstly,through the cas e illustrates the realistic possibility of using the anti-unf air competition law to regu late the news aggregation behavior when the copyright law is helpless;secondly,analysis the necessity of the anti-unfair competition law regula tion news aggregation behavior.Comb through anti-unfair competition law and the relati onship between the copyright law,analyzes the effect of the news aggregation behavior,and elaborated the basic spirit of the competition law anti-u nfair competition law r egulating the necessity of the news aggregation behavior;thirdly,in feasibili ty analysis section,is divided into tw o aspects,one is the introduction and reference of outside experience,the practice has proved that the anti-unfair competition law regulation mode is more feasible,another is to in troduce the rela ted cases of domestic video aggregation behavior which is similar to the news aggregation behavior,thus,anti-unfair competition law regulation mode is feasible in our country.The fourth part: the realization path of the anti-unfair competition law regulation on news aggregation behavior.This part m ainly includes two parts: to examine the current anti-unfair competition law system in our country and the concrete path of anti-unfair competition law regulation on news aggregation behavior.By analyzing the current anti-unfair competition law system in our country,many problems can be found: lack of cohesion of the copyr ight law,the second rule is too abstract,lack of legal liability provisions,the law enforcement system is not sound and lack of related mechanisms,based on the analysis of these problems,this paper puts forward feasible opinions and suggestions of rules and regulati ons,including: deal with the relationship between the two laws,improve the general terms and conditions of the anti-unfair competition law,improve the system of legal liability and the la w enforcement system construction and establish relevant supporting mechanisms.