On the 16th, the Hangzhou Internet Court ruled on the dispute between the plaintiff Taobao (China) Software Company Limited (hereinafter referred to as "Taobao") and the defendant Anhui Meijing Information Technology Co. (hereinafter referred to as "Meijing") involving "business staff" retail e-commerce data platform (hereinafter referred to as "the data product") unfair competition disputes for online public judgment. It is reported that this is the first case of big data products unfair competition dispute case pronounced by Hangzhou Internet Court.
The plaintiff Taobao develops and operates the data products in question, which are based on the huge amount of raw data generated by collecting traces of network users' browsing, searching, collecting, trading and other behaviors, and then analyzes and filters, refines and integrates them in depth with specific algorithms and anonymizes and desensitizes them to form the predictive, exponential, statistical and other derivative data, which is presented as a trend chart, ranking chart, percentage chart and so on, and the main function is to provide a platform for Taobao, Tmall and other companies to develop and operate their data products. The main function is to provide Taobao and Tmall merchants with a systematic data-based reference service for their online store operations and to help them improve their operations.
The "Gu Gu Mutual Aid Platform" and "Gu Gu Business Counselor Crowdfunding" websites operated by Defendant Meijing Company provide technical services to remotely log in to the computers of users who have subscribed to the data products in question, and solicit, organize, and help others to obtain the data content of the data products in question, and to make use of the data content of the data products in question. The data content of the product and obtain benefits from it.
The Hangzhou Internet Court confirmed Taobao's legitimate rights and interests in the data products in question by clarifying the criteria for judging the legitimacy of network operators' use of network users' information, and by clarifying the legal attributes and rights boundaries of users' information, raw data and data products.
The court held that the development and market application of network data products has become the main business model of the current Internet industry, and is an important source of competitive advantage and core competitiveness of network operators. In this case, the data products in question are formed by Taobao's human, material and financial resources, after a long period of operation and accumulation. The data products can bring considerable commercial interests and market competition for Taobao Company, Taobao Company enjoys the competitive property rights and interests of the data products, for the infringement of its rights and interests of unfair competition behavior has the right to file a lawsuit.
The court held that the company did not pay for the labor of creation, the data products directly as a tool for obtaining commercial interests, this according to the fruits of others' labor for their own profit, obviously contrary to the recognized business ethics, belongs to the unproductive "free-rider" unfair competition, if not prohibited will frustrate big data If not prohibited, it will dampen the creativity of big data product developers and hinder the development of the big data industry, which in turn will affect the improvement of the well-being of consumers.
Based on the number of users, the classification of versions, and the charges announced by Meijing, Meijing's infringement profits in this case have exceeded 2 million yuan. According to the relevant provisions of the Anti-Unfair Competition Law, the Hangzhou Internet Court ordered Meijing to stop the infringement and compensate Taobao for the economic losses and reasonable expenses **** 2 million yuan.
"Big data industry as a new market form, is currently in the process of formation and emerging, the relevant legal norms are also in the stage of exploration and creation. In order to protect the development of big data industry, in increasing the punishment of infringement to fully protect the legitimate rights and interests of big data product rights holders at the same time, the trial practice need to actively explore the creation of the relevant rules of adjudication, give full play to the leading role of the judgment, standardize the development of big data products and market application activities, clarify the relevant subjects for the data products of the rights of the boundaries of the industry, to guide the big data industry, the development of a healthy and orderly. " Hangzhou Internet Court contractor judge Sha Li said.
This reduces the time not to have to go to court.