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The Competition Law Regulation Of Interception Of Network Advertisement

Posted on:2019-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:X W ShiFull Text:PDF
GTID:2416330545477974Subject:Law
Abstract/Summary:PDF Full Text Request
China's Internet technology and market application has been in the forefront of the world for decades.The Internet economy brings huge economic benefits and also leads to the frequent occurrence of unfair competition among Internet operators.But the present did not specifically regulate Internet unfair competition laws and regulations,while the "anti-unfair competition law"in the revised to add the terms of the Internet,but in the face of the new Internet effectively regulate or difficult to unfair competition events,such as this article focus on the legitimacy of the network advertisement interception behavior problems.The current video ads and web ads have long replaced traditional media advertising as the main battleground for marketers,but these poor quality ads are a source of confusion.So some video websites have launched a business model to increase revenue by reducing the number of ads on offer.At the same time,blocking advertising software also came into being,enabling netizens to skip advertisements without pay.This has undoubtedly greatly impacted the interests of video website operators,so the parties have been litigious.The balance of interests of the court will always tend to stand in the video web site operators,shield software that ACTS of unfair competition and the network users in the free mode shall undertake the obligation to put up with advertising.But with the new revision of the "anti-unfair competition law" and "window of the world" browser cases,the judicial referee will start option and shielding software operator's rights and interests of Internet users consider them,focus on the protection of the social public interests.Therefore,this article obtains from the "window of the world" case,the network the focus of the AD blocking behavior problems are analyzed and the research and reference the extraterritorial legal regulation on such cases at the same time,and in view of the legislation and judicial practice in our country after several problems should be paid great attention to perfecting Suggestions are put forward.This paper is divided into five parts:The first part introduces the thesis of this thesis through two different sentences,and summarizes the gist and the focus of the dispute.The second part makes a detailed analysis of the characteristics and types of the network advertisement shielding behavior,and focuses on how to define the legality of the blocking behavior of online advertisements.In the third part,we discuss the current legal regulation problem and the dilemma faced by our country.The fourth part probes into the jurisprudence of the court cases and relevant judicial cognitions in Germany and the United States,which are worth learning from.In the fifth part,this paper puts forward some Suggestions on the legal regulation of advertising shielding in China on the basis of the previous parts,and hopes that more and more judicial practice can attach importance to the balance of interests.
Keywords/Search Tags:Block Pop-ups, the unfair competition behavior, competitive relationship, Weighing of interests
PDF Full Text Request
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