Research On The Application Of Anti-unfair Competition Law In Data Scraping Case

The 21st century is the era of Internet data.In the past,data recorded on paper had many inconveniences in circulation.Therefore,the data acquisition and analysis capabilities brought about by the emergence of artificial intelligence computing power have released the potential immeasurable value of data.The realization of data value lies in the circulation.The combination of data islands enables humans to aggregate,combine,clean,mine and analyze the data of many fragments,and create new value by standing on the shoulders of predecessors.The Unfair Competition Law regulates cases of disputes over enterprise data rights,but the general provisions of the Anti-Unfair Competition Law are uncertain and unpredictable,which violates the basic principles of certainty and predictability in the law.The Aid and Anti-Unfair Competition Law is not suitable for the adjudication and trial of enterprise data rights disputes.In addition,the excessive protection of enterprise data rights and interests will cause data rights and interests subjects to abuse their market positions to seek monopoly of the enterprise data market.Therefore,how to reasonably regulate this issue through laws is the core issue discussed in this paper.The first chapter is a brief introduction to enterprise data dispute cases,as well as the focus of disputes in the case.By introducing Taobao’s "Business Advisor" case and "Little Gourd" case,it presents two specific problems in current practice.The first issue is the issue of fact-finding in the case;the second issue is the application of the law in the case.The second chapter is the analysis and discussion of the case issues,and the issues of fact determination:1.Whether the competition relationship is established;2.Whether the behavior has caused actual damage;3.Whether the enterprise data capture behavior is unjustified.By analyzing the specific fact-finding issues in the cases,it is verified whether the court’s judgment results in the two cases are reasonable and accurate.The main content of the third chapter is to judge whether the two cases apply Article 2 of the Anti-Unfair Competition Law.Discuss and analyze the three constituent elements for the application of general clauses:1.Element 1:No other law clearly stipulates;2.Element 2:cause actual damage;3.Element 3:principle of good faith and business ethics.By demonstrating the applicability of the general clauses to the judgment of this case,we can prove whether it is reasonable and accurate for the court to cite the general clauses as the basis for the judgment of the two cases.The fourth chapter is about the extended thinking on the general application of general provisions,whether the excessive intervention of administrative power in market competition behavior and the excessive protection of enterprise data rights and interests will cause adverse consequences.Whether it will lead to corporate data rights holders "acting unfair competition in the name of protecting the privacy of individual users".At the same time,from the legislative perspective of the anti-unfair competition law,it analyzes whether the anti-unfair competition law should uphold modesty as the final solution when the market itself cannot resolve disputes.This protects the healthy development of enterprise data.