The Legal Limit Of Online-AD-Block Software

Compared with the traditional unfair competition cases,those happen in the field of Internet are hard to define their nature.As there are no related cases for reference.On the other hand,"anti-unfair competition law" was enacted in 1993,which is limited by the legislation level in that time,no one could have foreseen the huge development of of unfair competition acts in these years.Thus,they have to quoted article 2 of the law,which is the general terms and conditions.However,regardless of the general terms and conditions is rely on "good faith","business ethics",have strong abstractness,produce a large difficulty in actual judgment.On the judgment of the legitimacy of AD-block software,this paper abandoned the accumulated in the long-term judicial practice of "Principle of Not Interfering except for the Public Interest",instead,from the perspective of the "principle of interests balance",defining the legality of AD-block software boundaries.This paper is divided into four parts:The first part outlines the origin of the AD-block software disputes.The second part discusses some views of academic circle about AD-block software issues.The third part is about two similar cases which happen in the United States and Germany to get effective experience.The fourth part introduces principle of interests balance as solution of the problem to draw the conclusion about the legal limit of AD-block software.In the end,this paper expounds the opinion and suggestion about the first revise of the anti-unfair competition law,and hopes lawmakers could pay attention to the important effect of "the principle of interests balance" in the anti-unfair competition law.