Research On The Legal Regulation Of Unfair Competition In The Crawling Data

In the era of digital economy,driven by the Internet,big data,it has become the core of promoting world economic development.The flow and sharing of data creates value,but also brings more risks and disputes.However,data competition that less fair competition between enterprises is increasing,that influence the far-reaching development of the world industry economic.The 30th Session of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China was amended on November 4,2017.Article 12 of the Article is exclusive to Internet competition,but unfortunately there is no provision for data competition.In the framework of existing law,there is no rule of regulating data competition,so,the unfair data competition for example reptilian is indeed becoming more and more serious.Without doubt IT is indeed needing to be solved urgently.The discussion of Crawler technology is is indeed very serious.Crawler technology is the most important means of data capture,malicious crawler is often accompanied by the violation of legal interests.The writing angle of this paper is the data crawling behavior of.To Sina Weibo v.pulse case,public comment v.Baidu case,cool Mike v.car to contrast the judgment idea.Research and solve data competition at this stage of the theoretical and practical aspects of the difficult and controversial issues.At this stage,the theoretical controversy about the regulation of data competition mainly focuses on the data ownership dispute.Because the dispute of data ownership has not been resolved in theory,in practice,there are a lot of opinions on the regulation way of the data competition.The author of this paper think that it is perfectly reasonable of regulating crawler data behavior by anti-unfair competition law.but there ti is also many problems to regulate it,data competition under the anti-improper competition law.This paper,the author checked out the data competition rules of the United States,and the German law against unfair competition.By that Perfect our own law.