Reflection and Path Reconstruction on Identification of Unfair Competition in Data Crawling
Data crawling is a technology that has only matured in recent years.Its natural technology neutrality makes crawling behavior also competitively neutral.Data crawling relies on the Internet,and cross-border compe-tition in the Internet field is the norm,which has an impact on the traditional concept of identifying competitive re-lationships.At the same time,business ethics standards in the emerging field of data are vague,making it diffi-cult to unify standards for legitimacy determination.The concept of judicial adjudication has not been completely reformed,and many similar cases have been adjudicated differently.Based on this,the"competition relation-ship"should be interpreted in a substantive manner,that is,as long as there are strong and weak correlation re-actions between the business operators of both parties in terms of transaction opportunities and competitive advan-tages,it can be determined that the two parties have a competitive relationship.For the identification of legitima-cy,we can use the dynamic measurement of multiple interests as the basic framework,adhere to the concept of modest intervention,use the principle of proportionality as the main approach,refine the standards for identifica-tion of business ethics,and judge the legitimacy of behavior in two stages:acquisition and use.Only by unifying judicial identification standards can improper data crawling behaviors be accurately and effectively regulated.
data crawlingunfair competitioninterest measurementproportionality principlelegitimacy deter-mination
万方数据
维普
