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Legal Regulation On Unfair Competition Behavior Of Internet Vertical Search

Posted on:2020-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:W N DengFull Text:PDF
GTID:2416330623950112Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development and application of Internet information technology,new competitive means of Internet business emerge in endlessly,which leads to many disputes about whether the relevant behaviors of Internet operators constitute unfair competition.Before 2017,the Anti-Unfair Competition Law had no specific law on the determination of Internet unfair competition disputes.In the judicial practice of many Internet unfair competition disputes,the court usually applies the extended interpretation of the second article of the law,namely the general clause,to determine and adjudicate the acts involved.However,due to the abstraction and ambiguity of Article 2 of the Anti-Unfair Competition Law and the innovative characteristics of the new type of Internet unfair competition,there are different standards and ideas in judicial application,long delay period of cases and different results of similar cases.In order to maintain the normal order of the Internet trading market,safeguard the legitimate interests of Internet operators and consumers,and promote the sustainable development of fair competition in the Internet market economy,this paper takes the use of vertical search technology by Internet operators as an example to further analyze and study the legal regulation of the new type of Internet unfair competition.This paper deeply analyses the unfair competition behavior of Internet vertical search from four perspectives,analyses the commonness with the abstract individuality,and starts with the connotation concept of Internet vertical search technology,the definition of the unfair competition behavior of Internet vertical search,the necessity of legal regulation on this behavior and the countermeasures,and analyses the reasonable response of Internet vertical search technology in detail.The harmfulness of unfair competition with scope and illegal use of vertical search technology.This paper introduces the vertical search technology in detail,which is a system that collects and processes data information of specified keywords by using specific computer programs and provides Internet users with specialized,precise and pointed search services.The working principle of vertical search engine is to automatically grab Internet pages of specified keywords and obtain relevant data information on a large scale through a web crawler,and then to use these numbers.According to the information,integrated and structured analysis and processing,indexing,storage in the database of vertical search engine website itself for reserve.When Internet users use the vertical search engine to search for target keywords,web pages containing corresponding keywords in the network database willbe retrieved as search results,and feedback to the computer of Internet users according to the relevance of target keywords.However,in the complicated Internet world,there are always some people who use computer technology to steal and covet other people's labor results in order to obtain unfair profits.Technology is programmed and mechanized.No Internet information technology is born to violate regulations.It is only human beings who violate morality and law,or those who master technology and have bad intentions.In the field of network technology application,although each technology application has its own program scripts and rules,each operation is carried out according to specific steps and tracks,each step has clear boundaries and methods,but there are always people who can use this hard technical means to do some blurred legal boundaries,in the edge of crime trial behavior.In order to better regulate the application of this vertical search technology on the Internet and reasonably solve the frequent disputes over the new type of Internet unfair competition,this paper,by studying the domestic and foreign legal provisions and case precedents,explores in depth how to achieve the Internet through the specific principles of Internet business competition,the perfect legal regulation system and the application system of vertical search technology.Reasonable Regulation Effect of Vertical Search Unfair Competition Behavior.
Keywords/Search Tags:Internet Unfair Competition, Vertical Search, Robots Agreement, Business ethics, Proportionality principle, Market Substitution, Free-rider
PDF Full Text Request
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