Analysis On The Unfair Competition Behavior Of Robots Protocol

The purpose of the Robots Protocol is to protect the legitimate rights and interests of the website operators by setting a robots.txt file to inform search engines about the range of information they can crawl.Search engines respect the website operators to set up a Robots Protocol has become a common practice of Internet industry,the existing judgment rules also confirm the Robots Protocol through generalization of the general terms.However,the upcoming disputes of the Robots Protocol challenge the rights allocation mechanism under the existing judgmental system.For website operators,set unreasonable Robots Protocol may also violate the legitimate competition,and for search engines,crawl the website information shall be within necessary limitations if the website operators do not set the Robots Protocol.The purpose of this thesis is to divide and sort the interests of the relevant subjects from the perspective of balance of interests and to explore the rights boundary between the website operators and the crawlers of search engines.The structure of the thesis is as follows:The first part is to introduce the background of the Robots Protocol,point out that why the Robots Protocol to be regarded as the reason of the common industry practice,and put forward the legal issues to be clarified in this article through the judicial dispute in practice.The second part is to sort out the existing rules of judicial application of Robots Protocol,analyze the applicability of the Robots Protocol under the generalization of the general clauses,and review the problems in the existing rules.The third part is to re-establish the regulation idea of the Robots Protocol based on the limitations of the existing evaluation mechanism,that is,the evaluation criteria shall be the balance of interests and proportionality principle to determine the justification of behavior;The fourth part is to apply the principle of balance of interests and proportion to practice,and tests the cases on the basis of the type of behavior.