The Cognizance Of Unfair Competition In Browser Shielded Video Advertising

With the continuous development of network technology,there are more and more new market competition in the field of Internet.For example,in recent years,there have been several litigation cases of browser blocking video advertising in China.From the appearance of the first case of Cheetah browser blocking Youku Video in 2014,to the end of the second instance judgment in December 2018 in Tencent v.Windows of the World case.The filtering of video advertising during the period was ultimately determined by the court as unfair competition.However,in the Tencent v.Windows of the World case and the Mango TV v.720 browser case,the two grass-roots courts held that the browser was flat.Supplementary advertising does not constitute unfair competition.As the number of cases increases,the controversy gradually focuses on four aspects,that is,whether it destroys the business model,violates the business ethics,damages the public interest,and whether the principle of "technology neutrality" is applied.By summarizing and comparing the cases at home and abroad,this paper focuses on the analysis of four controversial points to demonstrate that browser blocking video advertising behavior applies to the principle of "technology neutrality",and does not violate business ethics to harm the public interest.There is no disruption to the business model of "free video advertising" by the video operator.Compared with Germany and the United States,This situation appeared later in China,and the relevant laws and regulations are not perfect,so we can draw lessons from the Experience in foreign judicial decisions in practice.In order to promote the market economy in the network environment,we can draw on the experience of foreign video operators' business model reform according to the actual development situation of our country.