Information is an intangible resource created by humans，Data information is digital text、Pictures and videos and other forms of performance，and the information passed to the public through various communication channels。Data information has become an important resource in various fields of society，The application of data information can promote socio -economic、Innovative development of technology and culture。The "Fourteenth Five -Year Plan" Digital Economic Development Plan issued by the State Council was mentioned，Digital economy is a new economic form that uses data resources as key elements to promote social fairness and efficiency，The digital economy in my country during the "Fourteenth Five -Year Plan" period will move towards the new stage of deepening application and inclusive sharing。

At the market level，Can it be effectively used for data information，It has become the key to whether enterprises can gain competitive advantages; at the social level，How to ensure the fairness and inclusiveness of data information management，It has become an important social problem。With the development of big data，Collection of data information、Storage and analysis behaviors are becoming increasingly common，It is no longer an exclusive behavior in a specific industry or field。Utilization of unauthorized data will not only cause privacy leaks、Data abuse，It may also infringe on others' copyright or constitute an unfair competition behavior。But in judicial practice，The relationship between the general terms and the relationship between the "Anti -Unfair Competition Law" involved in the protection of data and information has always been controversial，This article will take the case captured by the data of the house as an Bet365 app download example，Discuss and analyze this。

[Case Introduction] A real estate brokerage company invested a large number of personnel and funds，Established a housing database during business operation。The basic information of the database has the basic information of the house、Transaction information、Survey Map、Survey Map、Hundreds of millions of data such as panoramic maps and units。A listing website is authorized by the real estate brokerage company to use the house data of the database on the website，It continues to expand its data scale。The defendant company uses technical means to capture、Storage data involved in the case，and capture the above、The data involved in the storage spread to the public through the Internet。Real Estate Brokerage Company and Real Estate Website sued the court to the defendant's behavior to constitute unfair competition，The defendant argued that the voiced behavior should be tried in accordance with the copyright infringement。(See (see (2021) Beijing 0108 Minchu 9148 Civil Judgment)

The court considers it after hearing，The acting behavior not only harms the legitimate rights and interests of the plaintiff and consumers，It is also contrary to the commercial ethics of the real estate brokerage industry，Therefore, according to Article 2 of the Anti -Unfair Competition Law，The general clause of the anti -unfair competition behavior is determined，It is determined that the prosecution acts constitute unfair competition。At the same time，Considering the value of the data of the listing data is reflected in the information it carries itself，and this value belongs to the competitive rights obtained by the plaintiff's operation，This equity cannot be protected by the Copyright Law，Grabbing of listing data、The consequences of the damage caused by the use and communication behavior cannot be covered by copyright。And the plaintiff only advocates competitive interests in this case，I did not advocate that Bet365 app download the behavior of being complained infringement of copyright。Final，The court thinks，Whether the plaintiff has copyright for house pictures，It does not affect whether the acting behavior constitutes an unfair competition determination。

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First，Data information can be used as an expression form of an original thought。The original thought of humans in a certain form of manifestation，As a work, you can get the protection of the Copyright Law。Data as a combination of symbols or these symbols，Recorded the nature of things、Status，and mutual relationship，It can be processed and managed by computers and other electronic devices。With the development of computer technology，Starting the digital process that originally existed in paper or other physical media into a digital format。Information in the digital format can be stored through computers or other electronic devices、Treatment and transmission。But the manifestation of the work or the change of the communication medium does not change the nature of the originality itself。So，Taking data as a form of expression and communication medium does not affect its work that is protected by the Copyright Law。

Next，Data information is a resource with market competitive interests。Help Special Tesco develop a member card system，and earned 90 million pounds of British data scientific entrepreneur Clav Hami，As early as 2006, "Data is new oil"。Data is valuable as oil，Just as the processing of oil can be converted into gas、Plastic、Chemicals, etc. can generate valuable entities，Collection of data information、Storage、Analysis and other use behaviors are also the extraction process of information value。Although the data is similar to petroleum，But as a resource，It is much more complicated than petroleum，Because it is created instead of being mined，and can generate more available data with the use of data，Therefore, continuously increases its own value。Bet365 lotto review And，Different from petroleum，Collecting data will bring complex legal and moral issues。So，Data Information as a resource with market competitive interests can become the protection object of the "Anti -Unfair Competition Law"。

Last，The connection point between "Anti -Unfair Competition Law" and "Copyright Law" is the behavior of using data information。Data use includes the collection of data、Storage、Transfer、Digging and display behaviors。Data information that reflects the competitive interests of operators in practice is often an expression form of exclusive thought，Therefore, when the data utilization behavior becomes a complaint,，How to apply the "Anti -Unfair Competition Law" and "Copyright Law" will become a problem，Just as the plaintiff advocated the defendant's behavior constitutional in this case，But the defendant argued that the derived behavior should be tried in accordance with the copyright infringement。

The relationship between the general clause of the Copyright Law and the Anti -Unfair Competition Law

First，"Anti -Unfair Competition Law" and "Copyright Law" legislative methods differences。Information with the nature of public products has non -competitive and non -discharge in consumption，By giving the exclusive exclusion of other rights -the way of copyright，It can protect those original information that needs to be protected。So，"Copyright Law" uses the legislative method of "right to right"。However, while protecting original information，To promote the circulation of information，For the object of protection of the copyright law，But there is information about protected value，It should be legislated in the way of behavioral regulation。"Anti -Unfair Competition Law" is a law based on the content of "legal interests"，instead of the law with "rights"。So，"Anti -Unfair Competition Law" protection of valuable information does not adopt the legislative method of "rights given" by the copyright law，Instead, bet365 live casino games the "behavioral regulation" legislative method of unreasonable information uses the use of unrequited information。

Next，The possibility of the same infringement has the possibility of constituted copyright infringement and unfair competition。Although the "Explanation of the Supreme People's Court on the Application of the Law of the People's Republic of China on the Anti -Unfair Competition Law" of the People's Republic of China "，The party requests the civil liability for assigning copyright infringement，After obtaining the court recognition，For the same subject at the same time、Infringement behavior implemented within the same area，If it is required to bear civil liability，The court will not support。，As the house data information in this case is a combination of the operator's original thought and competitive interests，Used without permission tolit data information，It can constitute copyright infringement and unfair competition at the same time。

Last，Without the provisions of the Copyright Law to conflict with the provisions of the Copyright Law, you can add the general terms of the "Anti -Unfair Competition Law"。For operators to disturb the market competition order，Actions that harm the legitimate rights and interests of other operators or consumers，Under the specific provisions of the Copyright Law，According to the "Explanation of the Supreme People's Court on the Application of Several Issues of the People's Republic of China on Anti -Unfair Competition Law" "，The court can supplement the general terms of the "Anti -Unfair Competition Law" to be determined。Although in principle, "Copywriter Law" does not protect the originality of the original thought form should be attributed to the public domain，enable the public to use it freely，but，As in this case, the data information of the listing data as an original ideological expression contains competitive legal benefits that cannot be protected through the Copyright Law，So，Whether the damage to the benefits of the law constitutes Bet365 lotto review an improper competition behavior，You can add the general terms of the "Anti -Unfair Competition Law"。

　　"Anti -Unfair Competition Law" general clauses of the general terms

According to Article 13 of the Civil Procedure Law，Whether civil rights and litigation rights exercise and how to exercise，It should be determined by the parties within the scope stipulated by the law。So，When the court is hearing for civil cases，The facts of the parties and the facts of the case should be，Make a judgment or ruling that complies with the law in accordance with the law。In this case, the plaintiff only advocates a competitive right to enjoy housing data，I did not advocate that Bet365 app download the behavior of being complained infringement of copyright。From this，The court thinks，The trial of this case focuses on judging whether the defendant's behavior belongs to improper competition。Whether the plaintiff has copyright for house pictures，Does not affect whether the acting of the prosecution constitutes unfair competition。This is the manifestation of the court to ensure that the parties fully exercise the right to punish。

The unfair competition behavior stipulated in the "Anti -Unfair Competition Law" includes the general clauses that specifically listed in Chapter 2 and Article 2 of Chapter 2 to determine whether it constitutes improper competition.。This article thinks，Determination of unfair competition behaviors，It should be applied first Chapter 2 to list the terms of specific behavior types。For the situation that does not belong to Chapter 2，Can supplement the applicable general terms to determine whether it constitutes unfair competition behavior。For the infringement of the same infringement for the same time and the same time and region，The parties cannot repeat civil liability through copyright infringement and constitute unfair competition。But the protection of the data and information of the work，In the case that does not conflict with the provisions of the Copyright Law，The general terms of the "Anti -Unfair Competition Law" can be added。

　　(Author is a special researcher at the Development and Judicial Reform Research Center of Zhongnan University of Economics and Law、Doctoral student at the Law School of Hanyang University in South Korea)