As a novel commercial behavior in the data era,data scraping is both neutral and competitive,reflecting the dynamics between platform enterprises regarding data sharing and competing data interests.The regulation of data scrap-ing under China's competition law primarily relies on general provisions and internet-specific clauses.However,the vagueness of provisions,the uncertainty of business ethics standards,and the judges'rights-infringement-based logic hinder a reasonable determination of the legitimacy of data scraping activities.suggests starting with the behavior of data scraping itself,adhering to the concept of maximizing social welfare,and apply the narrow proportionality principle to as-sess the legitimacy of data scraping actions.
关键词
数据抓取/网络爬虫/反不正当竞争法/法律规制
Key words
data scraping/web crawler/Anti-Unfair Competition Law/legal regulation
维普
万方数据