Research On Judicial Judgment Of Unfair Competition Behaviors In Data Capture

The development of the digital economy cannot be separated from the development and utilization of data by Internet companies.As a new production factor in the digital economy,data is known as the "oil" of the Internet.The value of data lies in its rapid circulation and massive storage,as well as its ability to grasp market trends,predict industry trends,user preferences,innovate digital products and services through data analysis and processing.Based on the massive demand for data,Internet companies have launched fierce confrontations,and unfair competition disputes caused by data capture behavior frequently occur.Currently,the research on data ownership in China is still in the exploratory stage.Under the situation of vague data ownership,there are differences in the determination of data capture behavior by courts.Although the new Anti-Unfair Competition Law passed in2017 added Article 12 of the Internet Clause(hereinafter referred to as the "Internet Clause")to address unfair competition in the Internet field,it did not categorize and include unfair competition behaviors such as data capture,leading to a frequent escape from the second principal clause(hereinafter referred to as the "General Clause")of the Anti-Unfair Competition Law in the judiciary.In addition,the courts also have many differences in the process of applying laws to regulate data capture,and there is an urgent need to make adjustments.In order to more specifically address the issues arising in judicial practice,this article uses the method of case study to summarize 27 cases of data capture unfair competition in the past 12 years,extract the relevant judgment points,analyze the applicable laws in the judiciary and identify the differences in data capture unfair competition,and try to put forward suggestions for improving the judicial judgment of data capture unfair competition.Firstly,based on the relevant concepts and characteristics of data and data capture,this paper introduces the relevant theories of data ownership and data classification.Then,through the analysis of cases,it summarizes the issues that arise when regulating data capture behavior in judicial decisions.The main manifestations are the following three aspects: the basis of the judgment is not uniform,the identification of competitive relations is difference,and the data classification is inconsistent.Finally,in view of the above problems,this paper proposes to unify the judgment basis of unfair competition disputes in the data capture category,clarify the identification standard of competition relationships,and unify the data classification.To sum up,the author believes that in terms of applicable laws,the Internet special provision(hereinafter referred to as the provision)should be applied uniformly to regulate the data capture behavior and the applicable conditions of the provision and the sequence of application of the general provision and the provision.In terms of the determination of the competition relationship,we should adopt the generalized competition relationship with limitations,dilute the status of the elements of the competition relationship,and take the competition relationship as the consideration factor for judging the plaintiff’s qualification.In terms of data classification,data should be divided into open data and non-open data according to the standard of "whether it is open to the public," and the data classification rules in judicial adjudication should be optimized.