Author(s)

Chaofan Wei ¹

Affiliation(s)

¹ Xiangtan University, Xiangtan, Hunan, 411105, China

Corresponding Author

Chaofan Wei

ABSTRACT

The current judicial practice to adopt static data crawl dispute right path regulation, starting from the data controller data rights, whether in breach of data the crawler agreement as the legitimacy of the key factors for determining crawl behavior, interests protection unilateralization problems, unable to cope with constantly emerging new data market behavior of trouble. In view of the changes in the adjudication thinking of unfair competition of data crawling at home and abroad, the judicial authorities should adopt the basic values of competition law, such as fairness and efficiency, as the guidance and turn to the results-oriented adjudication thinking of balancing data interests when applying article 2 of anti-unfair competition Law to regulate data crawling disputes.

KEYWORDS

Crawler protocol; regulation of competition law; balance of diversified interests; competitive development; collaborative governance

CITE THIS PAPER

Chaofan Wei, Unfair Competition Regulation of Data Crawling Behavior under the Background of Digital Economy—From the Perspective of Judicial Judgment. Science of Law Journal (2024) Vol. 3: 1-10. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030401.
 

REFERENCES

[1] Ning Lizhi, Wang Defu. Qualitative Analysis of "Web Crawling Protocol" and its Antitrust Law Implications[J]. Jiangxi Social Sciences, 2016(01): 163-165.
[2] Cao Yang. Research on Legal Regulation of Violations of "Web Crawling Protocol" in China[J]. Jiangsu Social Sciences, 2019(03): 159-160.
[3] Xu Ke. Legitimacy of Data Crawling and its Boundaries[J]. Chinese Legal Studies, 2021(02): 168-173.
[4] Kong Xiangjun. On the Era Spirit of the Revised "Anti-Unfair Competition Law"[J]. Eastern Jurisprudence, 2018(01): 71-73.
[5] Cai Chuanzi. Regulatory Framework of Data Scraping Behavior in Competition Law[J]. Comparative Law Studies, 2021(04): 176-185.
[6] Liu Quan. Public Nature of Online Platforms and its Realization—A Legal Perspective on the Regulation of E-commerce Platforms[J]. Legal Studies, 2020(02): 45-47.
[7] Chen Bing: Empirical Research on Adjudication of New Types of Unfair Competition on the Internet[J]. Academic Forum, 2019(05): 34-37.
[8] Chen Bing: Protection and Competition: Achieving the Competing Legal Function of Governing Data Scraping Behavior [J]. Political and Legal Forum, 2021(06): 25-27. 

Sponsors, Associates, and Links

---

• Journal of Language Testing & Assessment
  
  
• Information and Knowledge Management
  
  
• Military and Armament Science
  
  
• Media and Communication Research
  
  
• Journal of Human Movement Science
  
  
• Art and Performance Letters
  
  
• Lecture Notes on History
  
  
• Lecture Notes on Language and Literature
  
  
• Philosophy Journal
  
  
• Journal of Political Science Research
  
  
• Journal of Sociology and Ethnology
  
  
• Advances in Broadcasting