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Chinese Court Rules on Unfair Competition Case Involving Live Streaming Data

Fri, 04 Mar 2022
Categories: China Legal Trends

In January 2022, the Yuhang Primary People’s Court, Hangzhou, Zhejiang, pronounced a case of unfair competition involving the rights and interests of the live streaming data of Douyin.

In this case, a company was ruled to pay CNY 1 million in damages for obtaining and using data from Douyin without permission.

It’s the first unfair competition case involving the rights and interests of live streaming data in China.

Douyin, the Chinese version of Tik Tok, is operated by the plaintiff, Microseeding Horizon Technology Co., Ltd.

Douyin launched the live streaming function in 2017.

The website developed and operated by the defendant Liujie is able to display detailed data of major online live streaming platforms like Douyin, including the earnings of live streamers.

The court found that as the operator of Douyin, Microseeding Horizon can realize its business strategies by using the data involved in the cases, which therefore gives it the right to enjoy the overall live streaming data as a competitive interest.

By displaying the data, Liujie has broken Microseeding Horizon’s data display rules, which were set to maintain its user stickiness.

Thus. Liujie had jeopardized its competitive advantage.

The court held that Liujie’s acquisition and use of the data involved in this case were improper and constituted unfair competition.

 

 

Cover Photo by Solen Feyissa on Unsplash

Contributors: CJO Staff Contributors Team

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