Research On The Legal Issues Of Blocking Video Advertisements

In recent years,with the rapid development of Internet technology,emerging business models that adapt to the development of the times also emerge at the right moment.At the same time,frictions and interest disputes between Internet companies and operators are also increasing.The Internet unfair competition disputes caused by them have become the focus of public attention.With the development of the online video industry,the number of online video advertisements has increased,.and the corresponding blocked video advertising software has also emerged endlessly.On the one hand,the invention of the technology brings the gospel to consumers,improves the viewing experience,and protects consumers from the annoyance of video advertisements.On the other hand,it also touched the interests of video website operators and advertisers to a certain extent,and thus triggered a series of unjust disputes.Now,our country has no clear legal provisions to define the blocking of video ads.Although the new Anti-Unfair Competition Law,which came into effect in 2018,has added special Internet provisions,the provisions are general and vague.cannot be directly applied to the trial practice of blocking advertisement-related cases.traditional judicial practice is more uniform in identifying the nature of blocking video ads.The final trial results of more than 10 cases of blocking video advertising disputes so far have all concluded that this behavior constitutes unfair competition.However,the theoretical circle is more controversial,and many scholars have a negative attitude to the court's decision.The main issues at issue are:Should the prejudice of blocking advertisements be premised on the basis of a competitive relationship between operators? Should the business model of free video and advertising be protected by law? Does shielding video ads violate business ethics?Can consumer interests be a Legal Basis for ascertaining the legitimacy of behavior and so on.In-depth research on these controversial issues will help us better understand the nature of shielding video advertising behavior.I think it's not easy to generalize about blocking video ads.There are differences in specific details in each case,and it is difficult to convince the public whether it is justified or not.The correct way of handling should be to combine the specific case with clever use of interest measurement methods,comprehensively consider the interests of video website operators,shielded advertising operators and consumers,and to characterize the case for the purpose of maximizing the overall benefits.This article starts with the basic content of blocking video ads,studies domestic classic cases and foreign advanced trial experiences,explores the focus of disputes in related cases and considerations affecting their nature,and strives to put forward constructive suggestions for solving such problems.The article is roughly divided into four parts.The first part introduces the basic content such as the concept,method,and influence of blocking video ads.and quotes two more classic cases in China,briefly introduces the basic facts,compares the common points of dispute,and evaluates them from the perspective of the court.The second part quotes the classic trial cases of the United States and Germany,analyzes their trial principles and ideas,and through comparison,puts forward the experience applicable to China.The third part analyzes the factors that affect the determination of the nature of blocking video advertising behaviors from the perspectives of competition,damage to results,business ethics and subjective viciousness,and consumer interests.The fourth part,from the perspective of trial practice,puts forward suggestions to improve the nature of the court's determination of behavior.On the one hand,through the addition of judicial interpretations and the release of guidance cases,uniform and detailed legal identification standards were established.On the other hand,the method of measuring benefits is introduced,and the principle of proportionality is used to comprehensively balance the interests of video website operators,shield advertising operators and consumers,and strive to maximize the benefits.Fairness and justice in cases are implemented to the greatest extent.