| At present,the main profit methods of China's video websites are two types,one is free video with advertising,and the other is for ads-free viewing.However,with the continuous maturity and development of Internet technology,the online advertising screening function has begun to be applied,resulting in the loss of the rights of some video websites that adopt the first type of profit model.It is precisely because of this phenomenon that there has been a significant increase in the number of unfair competition litigation cases.As an emerging legal issue,China's judicial practice circles and theoretical circles have carried out in-depth analysis.Before the 2018Anti-Unfair Competition Law was enacted,the act was actually lack of clear and clear legal provisions.Most of the cases that lead to the handling of such disputes are based on some abstract and principled provisions of the Anti-Unfair Competition Law.In the process of hearing a case,the local courts generally determine whether there is a competitive relationship between the two parties,and then further analyze whether the behaviors carried out by the provider of the advertising screening tool can be characterized as unfair competition.The Anti-Unfair Competition Law enacted in2018 specifically added Internet terms to refine the unfair competition practices in the Internet industry,effectively reducing the gaps caused by the ambiguity of legal provisions.The purpose of this legislation is obviously to facilitate the better handling of such disputes in practice,but the provisions of "Internet funds" are still relatively thin and not enough to fully cope with the complicated situation.If you compare the legislation of other countries,it is not difficult to find that the representative countries of the Anglo-American legal system and the civil law system,the United States and Germany,are more conservative in dealing with the issue of whether or not advertising is unfairly established.Support social technology innovation and safeguard the legitimate rights and interests of consumers.For example,the “safe haven rules” in the US “Communication Regulations Act”,according to this rule,the video advertisement blocking tool to some extent makes the video website have a more active initiative in receiving information is not illegal.Judging from the judicial practice in the United States and Germany,the interests of video website operators are not the most critical analysis factors.Consumer rights and competitive market interests are the focus of attention.The anti-unfair competition law is a public law.It regulates market relations to achieve a balance of interests and maintains a normal market order.In the principled elaboration of Article 2 of the new "Anti-Unfair Competition",the expansion of the object of competition damage has covered the concept of "consumer" subject,which is also an important manifestation of China's legislative tendency,that is,more emphasis on protecting consumer rights.From the perspective of anti-unfair competition law,this paper analyzes the current situation of domestic video advertisement screening cases,synthesizes foreign advanced judicial experience,and applies the legitimacy of video advertisement blocking behavior,Internet terms and general terms.China's video website industry is welcoming its transition period.In the new business background faced by video advertising shielding cases,the author suggests that the video advertising shielding behavior that can be regulated by Internet terms should fully play its role.Secondly,for the new ways of shielding video advertisements in the future,legislation can introduce new judicial interpretations cautiously to prevent the abuse of general terms,but only if the entity behind the interpretation has a mature interest balance consideration.Finally,tolerating a small amount of video ad blocking behavior is evaluated in the general terms and should be considered when maximizing total social welfare. |
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