网络爬虫行为对数据资产确权的影响

数字经济模式下,商业竞争手段日趋多样。通过爬虫行为获取同业经营者线上数据并作营利用途,除有不正当竞争之嫌外,还构成对传统市场机制的严峻挑战。依据不同标准,可将技术爬取的数据划分为多种类型。受到爬虫不当行为影响的权利在边界范围、主体身份以及法律属性等方面呈现复合特征。从本源看,受损事实的发生多是因相关数据性质不明,从而使...

On the Impact of Web Crawler Misconduct on Data Asset Confirmation

In internet economy era,the means of commercial competition have become increasingly diverse.Obtaining online data from peer operators through the crawler program and using it for profit-making purposes,are largely suspected of unfair competition,meanwhile constitute a serious challenge to traditional market mechanisms.According to different standards,the content of technology crawling can be divided into raw data and processing data,text data and status data,core data and peripheral data,as well as merchant data and user data,etc.,which makes the rights affected by crawler misconduct shows composited features in boundary scope dependent subject and legal attribute.From the root cause,the facts of damage happening are mostly due to the unclear nature of the corresponding data,which leads to the obstacles in the definition of derivative rights.Therefore,based on the concept of data assets,combined with the multi-dimensional perspective of public and private jurisdictions to analyze its rights’status,and finally put forward the recommendations for the determination of online data assets,is a key link to regulate improper data crawling behavior through legal channels.