After more than ten years of development,substantive substitution rule has become one of the basic rules forjudging whether data scraping behavior is legitimate.However,this rule,which has been developed from the experience of judicial,is highly misleading,especially when the rule is abstracted by various stipulations.The substantive substitution rule is essentially an emphasis on intra-industry competition and direct competition,which not only runs counter to the trend of the Anti-Unfair Competition Law weakening the competitive relationship,but also does not fully explain the legitimacy.In fact,the essence of data scraping behavior is the use of other people's achievements,and on the premise that it can be appropriately captured,the legitimacy should be based on whether it exceeds the reasonable scope,which needs to be judged on a case-by-case basis,fully considering factors such as the amount of data captured,the type of data,and the operation and maintenance costs caused by the scraping behavior.
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