Research On The Unfair Competition Of Network Platform Operator’s Information Grabbing Behavior

The outline of the national informatization development strategy clearly points out that "information resources are increasingly becoming an important factor of production and social wealth." At present,network information grasping technology is widely used,which not only improves the efficiency of obtaining and disseminating information,but also brings negative effects and brings disputes to network platform operators.For the information with clear rights,The operator resort to copyright law and other intellectual property laws to solve it.However,with the continuous expansion of information types and scope,and the unclear rights of many information,these operators resort to unfair competition to obtain greater protection.At present,Chinese courts try such cases in accordance with the General article and Conditions of article 2 of the anti-unfair competition law.Even though the newly revised anti-unfair competition law makes special provisions on the unfair competition in the network field where the network information is captured,the indefinite behaviors listed in the article and the vagueness of the summary of the contents make it fall into the controversial situation and fail to solve the dilemma of the dispute.How to identify the illegality is still the key and difficult point in the cases of unfair competition disputes caused by information capture technology,and it is urgent to establish the relevant methods and standards.This paper analyzes the facts of the behavior,sorts out relevant judicial cases,and adopts case study,comparative study and empirical analysis.The author thinks that it needs the support of multi-level system and judicial activities to determine the illegitimacy of information grabbing behavior.The first is to grasp the positioning of the anti-unfair competition law and identify it with a modest attitude;Secondly,in terms of institutional norms,we should recognize the limitations of current laws,improve the interpretation of general article and set up specific article.Furthermore,in the judicial field,we should base on the mode of behavior regulation path,use the industry norms to assist the trial practice,and adopt the principle of proportion and technology neutrality to evaluate the subjective fault objective damage,so as to determine the unjustifiability of grasping behavior.Finally,it is necessary to give play to the guiding role of judicial trial and guide the market-oriented to solve the disputes of information grabbing competition.