The Analysis Of Sina Weibo V. MaiMai Data Capture Unfair Competition Dispute Case

Big data is an important resource for business competition and social development in the Internet era.More and more Internet users are willing to provide their personal information in the process of enjoying Internet services in order to obtain a more exclusive and convenient service experience.Data capture can quickly obtain massive data information without the scatter data collection process,Internet operators launched a battle for resources and flow competition for the potential value of the big data.In the process of data collection and data capture,there is no clear legal requirement for distribution of personal information and data resources among data platforms,crawlers and users.In recent years disputes between data owners and data crawlers have often occurred,among them,Sina Weibo operator accused Maimai software service provider of unfair competition dispute is the most famous case,claimed to be "the first case of big data unfair competition dispute".In order to achieve a balance between the protection of personal information and the rational use of data,maintaining a normal Internet service business order,the data capture behavior should be moderately regulated.This article,takes Sina Weibo v.Maimai data capture unfair competition dispute case as the entry point,analyzes the data rights and interests distribution of all parties,clearly defines the borders between data capture and rights protection,and puts forward the complete solutionson path of data rights and interests protection.This paper is divided into five parts.The first part introduces the case and raises the problems from the dispute,that is,the rights and interests of data distribution,whether data capture has constituted the unfair competition,and the legitimacy of restricting data capture.The second part,through the introduction of the data collection model and its rights and interests of distribution,evaluates the legitimacy about platform's data collection and utilization.The third part mainly focuses on the legitimacy of data capture,and specifically analyzes the impact of different subjects' authorization on the legitimacy of capture behavior,therefore evaluates the standards of this case.The forth part evaluates the legitimacy of data platform's restriction on data capture from the rights of data platform and interests of the public,also by study on this case and LinkedIn's crawer technology case,compares their similarities and differences between the two cases in judicial logic and protective tendency.The fifth part discusses the limitations of regulation based on data capture cases from the viewpoint of unfair competition,including the difficulty of judging the competitive relations,the unclear rights and interests of data distribution and the defects of users' rights and interests protection.Finally,it puts forward the rational conception by establishing the rights of data and information.