Legal Issues Research in the Search Engine Marketing
Linsan, Yuan, Lei, Zhang, Honghui, Chen, Cross - Cultural Communication
The development of e-commerce has been a threat to the security of personal privacy, nowadays it is relatively weak for the foundation of network privacy protection in China, that needs further improvement and development. This paper has analyzed reasons which were caused by a variety of infringement phenomena of e-commerce privacy, and carried out measures of privacy protection in e-commerce.
Key words: E-commerce; Network privacy; Information security technology; Secure protocol; Safety measures
Search engine marketing runs through every field of the network marketing, is one of the fastest growing areas in the network marketing market, is the first channel to guide users to obtain information on the website, the functions of search engine marketing in the enterprise marketing process is self-evident.
As users rely on search engines constantly enhancing, the legal issues are increasingly prominent. Due to the lack of direct legal basis for the search engine industry monopoly, unfair competition, infringement issues, challenges from the legal environment have made the search engine marketing prospects be faced with many uncertain factors, therefore legal issues can not be ignored research topic in the development process of the search engine industry.
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Search engine marketing has opened up a new era of network marketing, but along with its rapidly development, also is facing challenges from the legal environment, in practice, beyond the legal deviate events record now. How to go on the legal regulation of the search engine industry, and promote the healthy development of the search engine industry, have been get more and more widespread concern. Nowadays, there are the following categories of classic legal issues in the search engine marketing: infringement fraud, platform monopoly, loss of privacy, unfair competition, openness hidden.
Infringing acts refer to the perpetrator should bear the liability of its damage arising violations. Infringing phenomena in the network are legal issues that the search engine service providers and marketers are likely to face at any time, which is inevitable. In the search engine marketing environment, search results can be obtained as long as the user is typing the relevant keywords, if the search site does not have copyright and browsing services, does not have the distribution rights for movies and software download, does not have ownership and provides a variety of software services and so on, that all can be directly attributed to a tort.
According to the provisions of China's "anti-monopoly law", monopolistic behavior means eliminate or restrict competition, and may eliminate or restrict competition behavior. In the search engine marketing, due to users will most probably choose a small number of services provided by the search engine service provider, there are almost no possibility of equality between recorded websites and search engines service providers.
Far as the news of Tencent Technology on April 12th, 2010, iResearch released on the 12th "Chinese search engine market share report 2009-2010", that showed, in the Chinese search engine market of 2009, the sum of revenue share about Baidu and Google are 96.2%, the sum of web search request share about Baidu and Google are 94.9%, basically monopolized the Chinese search engine market. In accordance with the provisions of the AML, the two operators of the total market share in the relevant market reach two-thirds, achieve market dominance status.
Loss of Privacy
Privacy refers to private life of tranquility and private information secret of natural persons which are protected by law, is a right of personality that means no unlawful intrusion, awareness, collection, use and public by others, and the subject of rights has the right to decide on the extent to which others can intervene private life on their own, whether to publicly privacy for others, as well as the scope and extent of publicity and so on. …