Analysis Of Competitive Responsibility For Filtering Video Advertisements

With the development of Internet technology,Internet industry has made great progress.While enjoying fruitful results,our country also faces various challenges.Filtering video site patch ads is one of the new Internet competition.Although the judge unanimously considers that the act constitutes unfair competition,since filtering video advertisements involves multiple interests and even affects the development of the entire video industry,there are many disputes in this type of case in practice.This article explores the competitive responsibilities of filtered video advertising through IQIYI v.Damo's filtered video advertising unfair competition case.The full text is divided into five chapters,the first chapter: an overview.First introduced the main business model of our country's video website and the form of filtered video advertisements;secondly,it outlines the basic facts of the IQIYI v.Damo's filtered video advertising unfair competition case and the main points of the court's decision;Form the second chapter,starting analyzes whether the filtering of video advertising behavior constitutes unfair competition from the three aspects of competition relationship,business model protection and unfair judgment criteria for competitive behavior.The second chapter analyzes whether the original defendant has a competitive relationship.Although in the process of court hearing,Damo did not use the competitive relationship as a defense,most of the cases of improper filtering of advertisements,the competition relationship is the core of the dispute between the original defendants,so this article will also analyze the issue.Then discussingwhether the "free + advertising" business model is protected,including the legitimacy and degree of protection of the business model.Finally analyzes the nature of filtering video advertising behavior.The current court judges the nature of filtered video advertising through the principles of good faith and recognized business ethics,but Moral standards with the principle of good faith and recognition Business ethics have many defects,such as diversity and lag.The Internet industry,which is rapid development and has not formed a fixed business ethic,should be based on the objective effect of competition on the market to evaluate the unfairness of competition,judging the unfairness of online competition through ethical standards will only make the market with excessive judiciary interfere with the innovation and development of technology.The author believes that the predatory nature of the competition and the user-centric competitive characteristics of the Internet industry determine that market performance standards should be applied when determining whether filtered video advertising behavior constitutes unfair competition,and comprehensively measures the order of filtered video advertising on video websites,users,and the market.Influences are used to judge whether the operator's implementation of filtering video advertising constitutes unfair competition.The last part of the article reflects on the status quo of adjudication in filtering video advertising unfair competition cases and suggests.In the context of emphasizing the protection of consumer interests and innovation,blindly general application of the standard to judge the improper behavior of filtering advertising behavior has not been applicable.What is important in filtering video advertising cases is not to judge whether there is interference,but rather to define the interference and accurately define the relationship between legal regulation and competition.