The first domestic illegal web crawler case was finally pronounced, and the Weibo operator was compensated 20 million yuan

Web crawler is a technology that captures data by calling the server API interface. Although this technology is widely used on the Internet, there may be various legal disputes involved.

According to the official public account of the Guangdong Provincial Higher People’s Court, today the first domestic case of illegally calling the server API interface to obtain data for trading and resale was settled. The Guangdong Provincial Higher People's Court publicly pronounced its judgment on the second instance of the unfair competition dispute case between Weimeng Company and Jian Yixun Company and Shenzhen Branch, rejecting the appeal and upholding the original judgment: fully supporting Weimeng Company's claim for economic losses of 20 million yuan.

This site learned from the announcement that Weimeng Company, the operator of Sina Weibo platform, accused Jian Yixun Company of illegally calling the API (Application Programming Interface) of the Weibo server to transmit data to the user. ), grabbed a large amount of Weibo backend data, stored it, and sold it to the outside world through the iDataAPI website it operated , requesting the court to order Jian Yixun Company to stop unfair competition and publish a statement to eliminate it Impact, compensation for economic losses of 20 million yuan and reasonable expenses of 500,000 yuan. The Shenzhen Intermediate People's Court found that Jian Yixun Company constituted unfair competition in the first instance and ordered it to compensate Micro Dream Company 20 million yuan and reasonable rights protection expenses, and publish a statement to eliminate the impact. Jian Yixun Company was dissatisfied and appealed to the Guangdong High Court.

The Guangdong High Court found out that Jian Yixun Company used technical means such as changing IP addresses and Weibo user accounts every time it grabbed Weibo data. , in order to circumvent the anti-crawling data protection measures of the Weibo server, the Weibo data sold externally by the iDataAPI website it operates not only completely covers the corresponding display content on the Weibo web page, but also includes a large number of Weibo platforms The backend service data generated during the operation and management process, as well as Micro-Dream's big data product "Micro Index", have been called more than 2.179 billion times, and corresponding fees are charged based on the number of times the user calls the data interface.

The Guangdong High Court held that Weimeng Company has the right to independently control, legally utilize and obtain economic benefits from the Weibo data held in accordance with laws and regulations. Jian Yixun Company has the right to continuously change the IP Address, Weibo user account, etc. sent a data request to the Weibo server, defrauding the Weibo server to use the special data interface to transmit data to the user, and obtained a large amount of Weibo background data that it did not have the right to call. Direct resale for profit violates the principles of fairness, good faith and business ethics, disrupts the competition order in the data market, seriously damages the legitimate rights and interests of Weimeng and consumers, and constitutes unfair competition as stipulated in Article 2 of the Anti-Unfair Competition Law.

According to the iDataAPI website, the number of calls to Weibo data exceeds 2.1 billion. Calculated based on the median charging standard of 1 yuan/100 times, the illegal income of Jian Yixun Company exceeds 21.7979 million yuan. , combined with Jian Yixun’s numerous types of unfair competition behavior, the use of malicious technical means, long duration, huge scale of Weibo data calls, serious damage consequences, and the use of methods that confuse the source of services or business relationships to promote them. Infringement of services and other factors, the Company fully supports the RMB 20 million compensation claimed by Micro Dream Company. the court then made the decision.

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