The Determination of Justification of Data Crawling Behavior under the Threshold of the Anti-Unfair Competition Law:An Empirical Analysis Based on Multiple Cases
The Determination of Justification of Data Crawling Behavior under the Threshold of the Anti-Unfair Competition Law:An Empirical Analysis Based on Multiple Cases
In the era of digital economy,data has become a key production factor for market competition in the Internet field.Data crawling as an important way to obtain data,there are many legal problems in determining the legitimacy of its behavior under the regulation of anti-unfair competition law.Through the empirical analysis of several cases of data crawling,this paper analyzes the dilemma of unclear bases and standards when determining the legitimacy of data crawling from the legislative and judicial levels,applying the principle of restraint in the use of general clauses,expanding the scope of application of specific internet-related provisions,standardizing the criteria for determining business ethics,clarifying the logical starting point for defining competitive relationships,and introducing an analytical model for balancing diverse interests,with a view to promoting the circulation of data and the prosperity of the digital economy.
关键词
数据爬取/反不正当竞争法/正当性认定
Key words
data crawling/anti-unfair competition law/legitimacy determination
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