BABA(US:BABA) Yang Zi Wan Bao Wang·2025-09-15 11:33Core Viewpoint - The case involving Taobao and Tmall against Wang Mouming and his companies marks a significant legal precedent in regulating the use of "搬家软件" (migration software) for data scraping in the e-commerce sector, clarifying the boundaries of data rights and competition in the digital economy [1][4][6]. Group 1: Case Background - Wang Mouming's companies developed paid "搬家软件" that allowed users to bypass Taobao and Tmall's verification mechanisms to scrape large amounts of data, creating a complete chain of data theft and parasitic business operations [2][3]. - The software enabled users to set up "无货源店铺" (no-stock stores) on other e-commerce platforms, leveraging data from Taobao and Tmall without authorization [2][3]. Group 2: Court Findings - The court determined that Taobao and Tmall's product data is not a public resource but a legally protected asset developed through significant investment in technology and operations [4][5]. - The court ruled that the actions of Wang Mouming's companies constituted unfair competition by circumventing platform protections and infringing on the platforms' data control rights [5][6]. Group 3: Legal Implications - The ruling emphasized that publicly available data does not equate to public or shared data, and any improper acquisition of such data should be regulated [6][7]. - The court ordered Wang Mouming and his companies to pay 5 million yuan in damages to Taobao and Tmall, highlighting the legal consequences of data theft in the e-commerce industry [5].