企业爬取5万多条短视频传播，构成不正当竞争被判赔500万

Core Viewpoint - A cultural company was sued for unfair competition due to the unauthorized scraping and use of over 50,000 short videos and user data from a technology company's app, resulting in a court ruling that the cultural company must compensate the technology company 5 million yuan [1][3]. Group 1: Case Background - The technology company operates an app (甲APP) and the cultural company operates another app (乙APP). Between November 2018 and May 2019, 50,392 short videos on the乙APP were found to be identical to those on the甲APP, including proprietary codes [2]. - The case involved 19,079 user nicknames and avatars, with 15,924 being identical to those on the甲APP. Additionally, 127 comments were found to be the same in content, order, and punctuation [2]. - The technology company claimed that the cultural company engaged in unfair competition by directly scraping and displaying data from甲APP without permission, seeking 40 million yuan in damages [2]. Group 2: Court Rulings - The Beijing Haidian District Court ruled on December 31, 2020, ordering the cultural company to publish a statement to eliminate the impact of its actions and to pay 5 million yuan in damages to the technology company [3]. - The Beijing Intellectual Property Court upheld this ruling on March 16, 2023, dismissing the cultural company's appeal [3]. Group 3: Legal Interpretation - The Haidian Court identified two main issues: the rights of the technology company over the aggregated data and whether the cultural company's actions constituted unfair competition [4]. - The court concluded that the technology company holds economic interests in the aggregated data, which includes user-uploaded content and associated user information, despite not being the original creators of the short videos [4][5]. - The cultural company's actions of scraping and using the data without permission were deemed to substantially replace the technology company's products and services, thus constituting unfair competition [6].