Identification of"Malicious"Incompatible Behaviors in the Internet Field
Incompatible behaviors in the Internet field refer to the situation in which the network platform fails to access to or run together with other network products or services.Typically,incompatible behaviors can be divided into software incompatibility or mutual exclusion,incompatible behaviors in sharing,and incompatible behaviors in data access.The biggest challenge to regulate incompatible behaviors in the Internet field is the identification of"malicious intent"in incompatible behaviors.The identification of"malicious intent"is an objective process,and its logic is to deduce,based on objective evidence,whether the actor has"malicious intent"subjectively.In the specific situation,it can be divided into two levels:behavior result and behavior performance.When incompatible behaviors bring"significant damage"to a particular operator or cause great damage to consumer interests,it can be presumed that the actor subjectively has"malicious intent".When the incompatible behaviors are targeted,exceeding the necessary limit,or deviating from the normal business purpose,it can also be presumed that the actor subjectively has"malicious intent".Of course,the actor can present counterevidence to prove that there is no subjective"malicious intent".Common defenses that do not constitute incompatible behaviors include compliance with technology neutrality,compliance with industry practices,the preservation of legitimate interests,and elimination of effects within a reasonable time.
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