An Empirical Study on the Judicial Regulation of Data Crawling Unfair Competition

Abstract

In recent years, data crawling, as a new type of unfair competition on the Internet, has become a hot spot of concern in the theoretical and practical circles. This paper composes cases related to digital capture unfair behavior, and through the empirical analysis of typical cases, it is found that such cases present realistic problems in judicial practice such as blurred data ownership boundary, alienation of criteria for determining competitive relationship, non-uniform adjudication basis, and difficulty in determining the amount of damages; in this regard, this paper tries to put forward effective references from specifying the path of data regulation, clarifying the structure for determining competitive relationship, unifying the adjudication of unfair behavior, and clarifying the reference factors for damages. In this regard, this paper tries to put forward effective references from the aspects of specifying the path of data regulation, clarifying the structure of the determination of competition relationship, unifying the basis of improper conduct adjudication, and clarifying the reference factors of damages.