Analysis Of Unfair Competition Behavior In Blocking Online Video Advertisements

With the vigorous development of the Internet video platform and its related industries,because of the network video advertising shielding behavior caused by the frequent lawsuits,undoubtedly become a hot topic in the field of intellectual property rights,whether in providing advertising shielding software on the issue of ACTS of unfair competition,in spite of the judiciary basically unified direction,through judicial decisions guide as a case,clear screen video website advertising behavior is illegal,but in practice and academia can apply "anti-unfair competition law" general terms and conditions and can meet a lot of link such as legal requirement or level still exist significant differences on the issue.In order to explore the above problems,first of all,the network video advertising shielding behavior is summarized,through the introduction of the network video platform and copyright owners,advertisers and Internet users three main types of relations and platform operation model,lead to the network video advertising hot development and advertising blocking software phenomenon;Secondly,the question is raised--whether the blocking of video advertising on the Internet is an act of unfair competition? Analyze shielding from neutral network video advertising behavior of related interests,demand for network users and network operators,the network video advertising industry management pattern and the influence on the judicial value orientation and position,set up competitive relationship from the perspective of positive analysis,in an actual damage,and violation of business ethics and integrity,from the opposite Angle analysis do not belong to the principle of technical neutral,do not violate consumer interests and social public interests,won't cause bad effect to industry development;Thirdly,from the perspective of comparative law,analyze the United States and Germany's attitude toward the problem in the judicial practice,comparing our domestic decision basis,starting from the "anti-unfair competition law" general terms and conditions,the law and the basic legal theory as the major premise,the related question to carry on the concrete analysis,starting from case analysis shielding network video advertising behavior,gathering a large number of other relevant network ACTS of unfair competition cases,probed into unfair competition cases in thenetwork environment and value judgment rule of legal theory,summarize the experiences of the court to act such behavior;Finally,the paper summarizes and suggests the video advertising blocking behavior on the Internet,reiterates the nature of unfair competition,advocates the judgment from the perspective of development,and puts forward suggestions on the business mode of video platform on the internet.