Study On Infringement Boundary Of Date Scraping In Public User Generated Content

With the development of economy and the advancement of technology,today's society has entered the era of big data.Information data has begun to show value under the background of information explosion.Data acquisition methods such as data capture have become commonplace.Indeed,data capture has promoted The exchange and exchange of data in the era of big data has greatly facilitated our lives and benefited the development of economic construction,but at the same time it has inevitably caused a series of legal problems.Data capture of non-public data such as personal information,business secrets,etc.,the legal risks are obvious,and may even constitute a crime,then,combined with the new user-generated content(UGC)in the web2.0 era that is closely related to our daily social life What are the legal risks of data capture?Where is the boundary of infringement?It is worth thinking and clarifying.This article is divided into four parts.The first part introduces the concept and practice of several different types of data capture in practice,and describes the principles and mechanisms of data capture from a technical perspective.The second part begins with the introduction of the concept of user-created content,starting from theory and practice,and then analyzes that the data grabbing of public user-created content may face legal risks of copyright infringement and suspected unfair competition.The third and fourth parts of the thesis are based on the two legal risks mentioned above.The third part uses a step-by-step enumeration method.First,it discusses that the behavior of grabbing public user-created content that has been authorized by the copyright owner will not Copyright infringement,and then enumerate and discuss several data capture methods that do not constitute copyright infringement without the authorization of the copyright owner,and finally conclude that the unauthorized and not listed methods The act of grabbing open user-created content is suspected of infringing copyright.The fourth part is the same,first discusses whether the effect of obtaining authorization on the crawling behavior,through analysis,only needs the user without the authorization of the data platform to grant the legitimacy of the crawling behavior and thus avoid being considered as unfair competition behavior.Then analyze the three elements that need to be satisfied to capture public user-created content without obtaining authorization.That is,there is a competitive relationship between the data scraper and the data platform,and there is data scraping behavior.Improperness has caused substantial damage to the data platform.Furthermore,it can be inferred whether crawling open user-created content constitutes a boundary of unfair competition.