当下,网络产业内的竞争几近白热化,这一方面是因为网络产业市场巨大,而且大多数企业还处于原始积累的阶段,另一方面也是因为人们对商业模式的理解还存在很大的分歧。基于此,网络产业中有关不正当竞争规制的争议实际上主要针对的是市场竞争中的主体行为模式,也即是说人们一直在努力括清竞争主体的行为边界。显然这并非易事。新近发生的“百度诉奇虎热词服务不正当竞争案”(以下简称“本案”),即是前述背景下的典型代表,双方当事人展开了争锋 At present, the competition in the network industry is almost white-hot. This is because the network industry has a huge market and most enterprises are still in the stage of primitive accumulation. On the other hand, there are still big differences in people’s understanding of the business model. Based on this, the controversy over the regulation of unfair competition in the network industry is actually aimed at the main mode of conduct in the market competition, that is, people are trying hard to sort out the boundaries of the competition subject. Obviously this is not easy. The recent “Baidu v. Qihoo hot word service unfair competition” (hereinafter referred to as “the case ”), that is, the typical representative of the foregoing background, the two parties started a fight