Nature of the Rights and Interests of Internet Platform to the User-Generated Data

The user-generated data storing in the online platform belongs to the undertaking properties of the platform's operator, which can assert the undertaking rights to the data. The protection to the undertaking rights is more like the protection to the legal interests than the protection to the absolute rights. The court should balance the relevant interests in the specific cases before making a decision on whether the third parties invade the platform's rights or interests to the data. The platform can get legal relief when the third parties scrap the data storing in the platform. Specifically, if there is a commercial competition relationship between the perpetrator and the victim, the anti-unfair competition law should be applied first for relief; when there is no commercial competition relationship between the two, or the application of the anti-unfair competition law is not sufficient to relieve the victim, the victims can get relief according to the torts law.