The Research On The Identification Of Unfair Competition In Network Advertisement Filtering

With the rapid development of network economy,Internet science and technology has gradually penetrated into every aspect of user’s life,and has subtly changed the user’s consumption habits and daily entertainment.Today,users through the computer or mobile devices to watch online video has become one of the most popular pastime,mainstream video sharing sites like Archie,Youku,Storm audio and video to meet user needs,occupy the market dominance.But when users watch free videos online,they have to endure tedious and inaccessible ad ads as a price to receive the service.In order to enhance the user’s viewing experience,the Internet market has appeared the software of filtering video patch advertisement,in order to enhance the user’s perception as the propaganda selling point and compete for the attention of Internet market users.But it involves to the user’s interests,other operators ’ interests and even the public interests of the conflict,so that it should be reported to be more cautious,rigorous attitude.This article defines this kind of dispute behavior as an unfair market competition behavior,and makes the subjective and objective standard of behavior cognizance clear,in order to reduce the conflict of the later cognizance of the disputed behavior and to bring help to the cognizance work.In addition to the introduction and conclusion,this article is discussed from three parts:The first part:network advertising filtering behavior overview.The main introduction of the current judicial practice in the advertising filtering cases mainly focused on video patch ads,and based on this definition of filtering behavior.This paper points out the main types of filtering cases which appear in the current practice field,and finds that the illegality of the filtering behavior cannot be applied to the copyright law and the contract law,and can only be regulated according to the law of anti-unfair competition.The second part:from the subjective aspect to the filtering behavior unfair competition affirmation carries on the careful discussion.The first is the establishment of competition rules,the court by "proposingnon-public necessary not to interfere with the principle" as a reference,the public interest is based on the behavior of the user,operators and the interests of the majority of the community However,this principle can only be used as a positive condition to determine the legitimacy of the act,which involves the following methods of incentive analysis.Starting from the result of judging the possible results of filtering behavior,this paper explores the possible guiding effect and long-term effect of this kind of result,and finally embarks from the legislative purpose,looks for the judgment result which conforms to the legislative value orientation,and makes the reasonable explanation.The third part:to explore the advertising filtering behavior is not legitimate competition objective criteria,mainly from the subject qualification,infringement of the object,improper three aspects of the exposition.As for the subject qualification,the video website service provider provides the service to the user free of charge,locks the fixed user resources,attracts the user’s attention to turn it into the economic benefit,conforms to the subject qualification affirmation behavior theory,has the competition relation.The infringement object aspect,has denied the video advertisement as the malicious advertisement possibility,has determined that the advertisement filtering case has the legitimate rights and interests,this kind of interest has experienced from the business model legitimacy to the business model behind the business benefit transformation.Finally,the judgment of the behavior of misconduct,the principle of good faith in the specific process of adjudication into a recognized business ethics,but because the concept is too abstract difficult to define,it can only use the exclusion of the industry recognized exemption to exclude,to define the behavior is not justified.Finally,based on these three aspects,it is found that the behavior is not a legitimate market competition behavior.