A Study Of The Legitimacy Of Data Acquisition Behavior

Along with the arrival of the era of data,data has become an important factor for market competitors to compete for competitive advantages and business opportunities.Data can help network operators improve the quality of their products and services,and attract more users and create better value through data processing and analysis.However,different network operators enjoy different data.How to maximize the value of data in the interconnected environment of the Internet?In today's judicial practice,the judgment of the court on the unfair competition disputes of the data seems to provide a kind of protection of the rights and interests of the data,so that the network operators have an unclear understanding of the legal boundary of their acquisition behavior.In order to make the best use of the value of data,and give network operators clear behavioral boundaries,so that they can better benefit consumers and the whole society by acquiring and analyzing data,provide accurate and efficient services,and improve market efficiency.Therefore,this paper mainly focuses on sorting out the judicial logic and thinking of the anti-unfair competition law,and on this basis,evaluates and analyzes the standard of "legitimacy of data acquisition behavior",gives network operators a clear behavior boundary,maximizes the value of data,and keeps the market full of competition intensity.This paper mainly discusses the legitimacy of data acquisition behavior through three parts.The first part is to establish a general framework for judging the legitimacy of competition behavior,and to analyze the legal attributes of the anti-unfair competition law and the overall judicial logic of its application.Starting from the nature of competition,to discuss what is the competition,the competition for exactly is what kind of interests,and compete to discuss how to determine the anti-unfair competition law of the "competitive relationship","competition" to determine whether to apply the premise of "anti-unfair competition law" requirements,as well as some scholars point of view omit the "competitive relationship" judgment,directly apply "anti-unfair competition law" the legitimacy of judgment.According to the principle of "no competitive harm is fair competition",this paper analyzes what is "competitive interest" and what is "competitive harm",and whether we should protect"competitive interest" and stop the "competitive harm" caused to other market competitors.The anti-unfair competition law and intellectual property law for differences and similarities between logic judgment,analysis idea should be applied for unfair competition case "right remedy mode" or "behavior regulation mode",because it is the premise of the reasonable judgment of competitive behavior,the judgment of different ideas,focus on competition actions are also quite different.After determining the logic of judging the legitimacy of competitive behavior,it is to determine the general principles and standards of judging the legitimacy of competitive behavior,and how to measure when some other special reference factors are involved.The second part mainly introduces the data market and data acquisition behavior.Due to the rapid development of the data market,we have not fully grasped the concept and characteristics of data.The author will introduce the classification and characteristics of data and their relationship with the data market,and introduce where network operators can get the data they want.In these data markets,what will be the significance of network operators'data acquisition behavior,what role will it play in the development of the data market,and whether it will cause the loss of data holders or hinder their innovation and motivation of data collection in the future?In the data market,the data acquirer will take some specific actions to obtain the data,and the data holder will also take some restrictions to deny other operators access to their platform data.The third part is the analysis of "data acquisition behavior of legitimacy of the judgment standard,all kinds of data that exist in the data market,set up in the first part for analysis and summarized by the competition behavior cognizance standard and framework,finally it is concluded that the data the legitimacy of judgment standard for data acquisition behavior in the market.Then it analyzes the existing domestic and foreign judicial cases,and integrates them into the judgment standard of this paper,and draws the final conclusion.