| In recent years,the series of cases of patch advertising filtering behavior is one of the new types of unfair competition disputes that have frequently occurred in the Internet field.The fundamental reason for the emergence of tools for filtering patch ads is that consumers cannot bear the ever-increasing length of online video patch ads and the boring content.On the one hand,the use of tools for filtering patch ads frees consumers from many super-long patch ads,and on the other hand,it reduces the exposure rate of patch ads to consumers.To a certain extent,it has had an impact on the “free video+advertising”business model of online video operators.Up to now,there are no laws and regulations in our country that have clearly regulated the behavior of patch ads.The court generally deals with the general provisions of Article 2 of the “Anti-Unfair Competition Law of the People’s Republic of China”(hereinafter referred to as the “Anti-Unfair Competition Law”),but how to understand the violation of the business ethics and Damage to the legitimate rights and interests of operators in Article 2 is still an ongoing dispute in judicial practice and academic circles.I believe that the determination of the nature of patch advertising filtering behavior cannot be the same as the current court’s determination that it is also an act of unfair competition.It is necessary to analyze specific cases,comprehensively consider the balance of interests between the parties in the dispute,and use the principle of proportionality to determine the actions involved in the lawsuit logically.This article is mainly divided into four parts for discussion and analysis.The first part first introduces an overview of the patch advertising filtering behavior through the introduction of patch advertising,the main filtering methods of advertisements,and the multiple relationships involved in the patch advertising filtering behavior.The second part summarizes the dilemma of the identification of the nature of patch advertising filtering behavior in our country from the rules and judicial practice.The third part cites classic cases related to patch advertising filtering behavior in the United States and Germany,and summarizes useful references by comparing with the judgments of foreign cases.The fourth part points out a new perspective on the identification of the nature of patch advertising filtering behavior in our country.Through the principle of balance of interests hanve been applicated and corrected,and the principle of proportionality has been introducted,it makes the determination of the nature of patch advertising filtering behavior out of the inherent abstract framework of business ethics,overcomes the mechanical nature of the law,and promotes judicial practice trials to be more reasonable and specific,and also normal market economy competition and technological innovation. |
