Why Should the Giant Be Open -- An Analysis of Blocking URL Links

2021 09/27


34 years ago, in the summer of 1987 - at the time, in the law firm where I was working, some young colleagues were not yet born - Werner Zorn, a German professor who was attending an international conference in China, together with the Chinese team, sent an email to Germany at 21:07 on September 14, 1987 in both German and English in the name of the Beijing Institute of Computer Applied Technology. This is often considered the first email sent from China.

 

The first sentence of this email reads, "Across the Great Wall we can reach every corner in the world.".

 

After many years of reading, it is still exciting.

 

A German, who traveled thousands of miles to China, helped us take the first step towards the Internet. Why is this?

 

Because without the participation of China - without the broad participation of every country - it would not be possible to call it the Internet.

 

Looking back 34 years ago, if Germany refused to accept the email sent from the Beijing Institute of Computer Application Technology, Germany would not necessarily be better off. History has proven that openness has made both countries stronger and more prosperous than they were 34 years ago.

 

The Internet not only means connectivity, but also means non discrimination. Individuals should be treated equally regardless of their age, gender, country, and race, as well as the registered capital, number of people, and equity interests of a company. Imagine if an email is delayed, interrupted, or lost because it comes from a competitor's mailbox, can we still trust the Internet?

 

Network Neutrality.

 

Today, 34 years later, Yizhong Platform is keen to build its own ecological chain. "If you have it, I need it, too.". Small operators face standing in line, either way. Competitor products or links may be downgraded, banned, or at least added to the complexity of opening. Because it not only consumes its own resources, but also absorbs valuable traffic.

 

However, since October 2020, many situations have changed. In November 2020, the "Anti monopoly Guidelines in the Field of Platform Economy" (draft for comment) was released; On December 16, 2020, the Central Economic Work Conference emphasized "strengthening anti monopoly and preventing disorderly expansion of capital"; At the beginning of 2021, many "two choice" behaviors were investigated and punished.

 

On September 9, 2021, the relevant business departments of the Ministry of Industry and Information Technology held an "Administrative Guidance Meeting on Blocking Website Links". At the meeting, the Ministry of Industry and Information Technology proposed compliance standards for instant messaging software, requiring all platforms to be unblocked according to the standards within the time limit, otherwise disposal measures will be taken in accordance with the law.

These three compliance standards include:

 

1. Instant messaging software with external URL link access function should maintain consistent display and access forms for URL links of the same type of products or services shared by users;

 

2. Instant messaging software with external URL link access function. Users can send and receive legal URL links in instant messaging, click on the link, and directly open it in the form of a page within the application;

 

"You cannot attach additional operating steps to a specific product or service URL link, and you cannot require users to manually copy the link and open it in a third-party browser.".

 

Looking at these three standards, they not only involve connectivity, but also stipulate the principle of non discrimination without discrimination.

 

So, why should we provide convenience to others' website links on the platform we have worked hard to build? And is it non discriminatory treatment?

 

It can first be compared to the neighboring relationship in ancient civil law, which can be traced back to the "Law of the Twelve Copper Tables" in Rome. In fact, if everyone does not cede their neighboring rights, there may not be roads in the world.

 

Secondly, it stems from the reasonable containment of excessive monopoly profits. The "Anti monopoly Law" - a law originally originated in the West, but with a faint glow of common prosperity - does not restrict small competitors unless they are engaged in fraud (monopoly agreements) - but only large giants.

 

Monopolists usually refute allegations of monopoly from two perspectives: first, they do not have a dominant market position; Secondly, all the means they take are legitimate.

 

Peter Thiel, the author of "From Zero to one," a law school loser, counterattacked as a billionaire after turning to the Internet and setting up PayPal. Although this book is a chicken soup for entrepreneurs, it deeply analyzes the essence of monopoly. He wrote that monopolists lie to protect themselves. "They know that flaunting a monopoly can lead to inspections, audits, and even attacks. Therefore, in order to continue to obtain monopoly profits without interference, they will try to conceal the fact of monopoly, and the usual method is to exaggerate competition.".

 

Monopolists believe that closing down competitors will bring them more benefits. However, closure has not brought them a sense of security. "They are still nervous and constantly worried about a small but disruptive product that they will lose everything they currently have.". Peter Thiel wrote, "Tolstoy begins with the following passage in" Anna Karenina ": 'Happy families are always similar, and unhappy families have their own misfortunes.' In business, the situation is exactly the opposite. The reasons for corporate success vary: each monopoly obtains a monopoly position by solving a unique problem; the reasons for corporate failure are the same: they cannot escape competition."

 

Therefore, no matter what approach is taken, it is impossible for enterprises to escape competition. Monopolists simply hope to adopt various measures that can be taken to maintain and extend the monopoly's position and duration. However, this will not change the trend. As Peter Thiel pointed out, the key to success lies in being able to find the next problem before others and successfully solve it, rather than focusing on competitors.

 

On the title page of his work "Big Data", Tu Zipei wrote, "A true information society, first and foremost, is a civil society." - This is an excellent book introducing the American information disclosure system. However, due to the title of the book, it may have been mistaken for an enlightenment book on big data, and he only earned 7.3 points on Douban Reading. In this book, he wrote, "It is precisely because the performance of data storage continues to rise, the price continues to decline, and the marginal cost of human reproduction and dissemination of information has fallen again and again. In addition to the emergence of the Internet, the exchange and sharing of information has become unprecedented simple, convenient, and fast. Only one by one can the dreams and aspirations of human openness be realized.".

 

Any platform is composed of countless enterprises, individuals, goods, and services connected. The reason why a platform becomes a platform is that each individual has to some extent transferred certain rights. Therefore, the reason why a platform is a platform lies not in itself, but also in individuals. Therefore, interconnection and equal treatment of any object do not come from the gift of the platform, but rather from individuals transferring their rights to obtain the due consideration.

 

We will discuss some more specific legal issues in subsequent articles.

 

(This article is translated by software translator for reference only.)