As a Lawyer, You Sent the Judge In?
Chapter 84: Final verdict! Suspected of unfair competition! Heavy sentence!
Chapter 84 The final verdict! Suspected of unfair competition! Heavy sentence!
The judgment seat.
Dong dong dong!
At the presiding judge's seat, Cao Liqiang glanced at Su Bai without leaving any trace, and banged the gavel: "The defendant refuses to settle, and the trial will continue."
“Plaintiff, please state your belief that the Defendant Holding Co., Ltd. will defend you against unfair competition, provide legal defense or submit evidence.”
“A good judge.”
Su Bai spoke slowly: "But before that, we need to ask the defendant a question."
“First: According to the previous statement by the defendant’s lawyer, the removal is an internal regulation of the platform, but may I ask which internal regulation of the platform is the removal?”
This issue.
They have experienced it many times.
Chen Chao was no stranger to this kind of problem, so he slowly said:
“This is based on the risk assessment of external mini-games and the safety of our platform. Therefore, the mini-games produced by the plaintiff will be removed from the shelves.”
In response to this question, Chen Chao immediately spoke.
Share the blame directly.
You mean to accuse me of unfair competition, but I did it for my own safety. Why do you say that my removal from the shelves was unfair competition?
If you ask, what kind of security impact does it have? Sorry, I don’t know.
Perhaps, this is a certain error in our operation. I'm sorry, we will correct it immediately.
Be sincere in admitting your mistakes.
In this way, even if there are any problems, they will not involve legal competition issues.
This is equivalent to raising a big flag and blaming the blame everywhere without taking any responsibility.
Tut tsk
Su Bai raised the corner of his mouth slightly, this security department has taken the blame from the boss!
But he has studied the defendant very deeply!
He knows that once his side files a complaint about suspected monopoly or unfair competition, the other party will have 800 reasons, 699 of which will blame the risk and security department.
But the defendant thought it would be useful to find a scapegoat?
joke
Again, I have made you study, what do you get to fight with me? !
Su Bai raised the corner of his mouth slightly and continued to ask:
“May I ask the defendant about the delisting behavior involved by the risk control department.
In accordance with the enterprise standard management and cooperation management regulations, it should be publicized or our Nanyou Studio should be notified in detail. "
“However, our Nanyou Studio did not receive a detailed notice, only a notice of removal from the shelves without any reason. In addition, the defendant has the awareness to cooperate with us.”
“But after we refused, we received a delisting notice from the defendant Holding Co., Ltd.
And after Crazy Xiaoxiao was removed from the shelves, Kaixin Xiaoyixiao was immediately put on the shelves, and it was plagiarized. "
“There is no detailed announcement and the purpose of cooperation is not achieved. During the cooperation period, our products will be directly removed from the shelves.
Based on the above conditions, would you like to ask the defendant, how did you determine that we violated the regulations and were removed from the store by risk control? "
Facing the fact that Chen Chao found a temporary worker to take the blame, Su Bai directly asked a series of questions and threw the question back to him.
Self-certification!
If you say you don’t have it, then you can provide evidence that you don’t have.
If you show evidence, there will be a loophole!
Then I will find it through your loophole!
If you really come up with evidence that there is something wrong with Crazy Elimination
Then just wait and go in!
You must know that Su Bai has already thoroughly studied the relevant rules of the defendant.
Lin Quan has already been asked to find a professional organization to test whether there are any problems with Crazy Dissipation.
Having been tested many times, it is guaranteed that there will be absolutely no problems!
That’s why he dared to say it so directly!
Facing Su Bai’s question, Chen Chao didn’t know how to answer it for a while.
Because he found that the other party seemed to be particularly familiar with their litigation process!
As a result, no matter which aspect he started from, he was blocked!
Kong Hao on the side frowned slightly and muttered in a low voice: "This lawsuit is in the hands of both of us."
Facing his colleagues, Kong Hao couldn't understand it better. At this point in the lawsuit, it can be said that they have lost so much that they have lost all their bodies and even their pants.
Chao Chen took a deep breath, patted Kong Hao's shoulder slightly, indicating that there was still a chance, and continued:
"As for the fact that our risk control did not give detailed notice, I am not very clear about this aspect and can learn more. However, the plaintiff cannot accuse us of improper use on the grounds that we did not provide the detailed rules for the removal of risk control. compete."
啧.
The question is thrown back again?
OK!
You are so harsh, now I will blow your head off!
Su Bai took out a pile of materials from the lawsuit materials and said:
“Presiding judge, these materials are the latest risk control rules of the defendant company and the risk control appraisal report that we have prepared.
If the defendant does not agree, we have invited relevant professionals to inspect the risk control issues of our originally removed version of Crazy Dissipation on the spot to see whether it meets the requirements of the defendant company! "
“The defendant can apply for on-site inspection!”
Chen Chao: “?!?”
No, what are you doing?
Are you well prepared, just to destroy the evidence in the court hearing?
Chen Chao is ten thousand speechless
After taking a long breath, after receiving the relevant materials from the hands of the staff, he was immediately silenced.
According to the other party’s evidence and preparations, even if the director of their legal department came over, he would probably lose the case!
At this time, at the presiding judge’s seat, Cao Liqiang looked at the defendant’s seat and asked:
“Whether the defendant applies for it, the inspection will be carried out on the spot.”
Taking a deep breath, Chen Chao calmed down. There was no need to conduct an inspection on the spot.
He has seen it.
The other party is determined to have their heads hammered flat at the trial, and they are fully prepared to accuse them and the defendant of unfair competition.
The on-site inspection is likely to be as described in the material, and there will not be too much deviation.
Chen Chao shook his head slightly: "We do not apply for on-site inspection."
咚咚!
Cao Liqiang banged the gavel: "Does the defendant have any objection to the evidence provided by the plaintiff?"
Chen Chao: “We have no objection.”
Dong dong dong!
Cao Liqiang lowered his head and glanced at the trial materials, and then focused on the plaintiff Xi Subai:
“Does the plaintiff have anything to add?”
The trial was conclusive and the other party was crushed to death. There is no point in adding anything more.
It might be counterproductive.
Su Bai said: "President, we have nothing to add."
咚咚!
Cao Liqiang nodded slightly, and after briefly looking at the trial materials, he looked at the defendant:
“Defendant, can you accurately explain why Nanyou Studio’s crazy matching mini-game was removed from the shelves?”
Chao Chen let out a long sigh. He had no energy left. The other party's evidence was so overwhelming that it was meaningless to say anything now.
Also, this is a bug problem left by the game department.
He couldn’t answer either.…
Chen Chao spoke:
“We cannot explain exactly why Nanyou Studio’s crazy matching game was removed from the shelves.”
咚咚!
“I would like to ask the attorney of the defendant Holding Co., Ltd. if he cannot give an effective answer to the plaintiff’s question?”
Chen Chao: “Yes.”
"good."
After Cao Liqiang finished confirming, he briefly looked through the court trial materials and confirmed that there were no other questions. His eyes followed the plaintiff's seat to the defendant's seat, and then returned his gaze.
Hit the gavel.
Dong dong dong!
“Now the court statement phase begins, and the plaintiff is invited to make a statement.”
Hearing Cao Liqiang’s voice, Su Bai took a long breath!
At present, this lawsuit has been won!
The final stage of court presentation is to raise the banner.
Aren’t your little wings puffing so fiercely? I’m going to discount your little wings this time!
“A good judge.”
Su Bai nodded slightly, and then began to state:
“As for this case, we state as follows:”
“According to Article 1 of the Anti-Unfair Competition Law, this law is formulated to promote the peaceful development of social economy, encourage and protect fair competition, stop unfair competition, and protect the legitimate rights and interests of operators and consumers.”
“In response to certain situations.”
“The products produced by small studios are severely squeezed, which is a complete violation of relevant legislation.”
"So we believe that the bullying of some small and medium-sized enterprises relying on their own huge foundation should be severely punished."
“Presiding judge, we have finished our statement.”
Cao Liqiang looked at Su Bai with a slight smile, nodded subconsciously, and then turned his eyes to the defendant's seat:
“The plaintiff has finished making his statement, and now it is up to the defendant to make his statement.”
The defendant's legal affairs have a certain understanding of the various presiding judges and senior officials of Nanshan Court.
So Chen Chao also knew something about Cao Liqiang's character.
The trial has reached the court presentation stage, and Judge Cao probably already has a verdict in his mind.
The court statement did not have a great impact on the presiding judge.
Therefore, talking too much will lead to mistakes. No matter how far you talk, there will be no evidence. Chen Chao simply gave up the statement.
“Presiding Judge, we give up our statement.”
咚咚!
“The defendant is sure to give up his statement?”
"Sure."
“Yeah!” Cao Liqiang nodded slightly, and after confirming that the defendant had given up his statement, he banged the gavel again! 咚!
“Do both sides of the trial still have any objections to the evidence or legal defense presented by the other party?”
Su Bai: "No objection."
Chen Chao: “No objection.”
咚!
"Since both parties have no objections, we will now enter the adjournment stage. The adjournment time is one hour, and the court will be announced in one hour!"
咚!
“Adjourn the court!”
After the words fell, the two judges, Cao Liqiang, Jiang Hongyan and He Yongan, left the scene.
.
….
In the court hearing room, at the defendant’s seat.
Hong Hao’s brows furrowed tightly: “This is an adjournment. There is a high probability that a verdict will be announced after the adjournment is over.”
“This case...”
“How likely do you think you are to win the case?”
Facing Kong Hao’s question, Chen Chao frowned: “What are the chances of winning?”
“If the game has been found to be plagiarized, the case has been lost and the case has not been won. However, in terms of unfair competition, the sentence may be lighter.”
“Let’s wait for the verdict.”
“The verdict of this case has not yet come out, so it is useless to say more.”
Chen Chao took a deep breath and said, he was upset now and didn't want to continue talking about this topic.
Upon seeing this, Kong Hao nodded seriously and did not continue.
At the same time.
At the plaintiff's seat, he seemed much more relaxed and cheerful.
Su Bai unscrewed the mineral water from the table and took a sip. Feeling the nourishment of the water, he took a long breath.
Just now, I talked so many words, and my mouth was dry.
Li Xuezhen on the side smiled lightly, her face full of excitement: "Lawyer Su!"
“This time, let’s consider it as discounting the defendant’s little wings…”
Su Bai narrowed the corner of his mouth and broke the defendant's wings. This was too much to underestimate him!
Looking at it now!
It is no longer a matter of wings, the key issue is. He had already beaten the opponent's head open.
The myth of Nanshan’s invincibility has been shattered!
“Ahem.”
Su Bai coughed twice: "Of course it counts!"
Li Xuezhen smiled sweetly, her eyes narrowed into crescent moons: "Punch in, the first civil case was successful!"
Oh no.
The verdict has not been announced yet!
Forget it, never mind, no matter what you say, you can’t lose!
Successfully clocked in, I’m so happy.…
.
….…
at the same time.
Three members of the collegial panel are discussing this case.
Cao Liqiang spoke slowly: "I was quite surprised by today's court hearing."
“I didn’t expect that the defendant’s legal affairs would fall into the trap during the defense of the infringement case. It seems that the original party was very well prepared.”
“It is certain that the defendant will lose the case, but I have not yet decided on the scope of the defendant’s sentence and punishment. We can discuss it.”
….
Jiang Hongyan nodded slightly and agreed with Cao Liqiang's point of view.
“There is indeed no problem with the defendant losing the case. Regarding punishment, according to the plaintiff’s statement, the defendant is indeed suspected of unfair competition.”
“Even if there is monopolistic behavior, severe penalties may be imposed.”
“What about you, Yongan, what do you think?” Cao Liqiang saw He Yongan standing aside without speaking, so he took the initiative to ask.
He Yongan was silent for a few seconds and then slowly said: "I agree with Hongyan's point of view."
Cao Liqiang nodded slightly and said with a smile: "It seems that when you were the presiding judge of the High Court, you all had some resentment towards the defendant..."
"Um!"
“As for the defendant’s judgment, let’s leave it as such! But in terms of the amount of compensation, we should follow the normal compensation standards. The court has already made a form before, so let’s follow that!”
"Um!"
"OK!"
Jiang Hongyan and He Yongan agreed.
.
….
Soon, an hour passed.
Amid the standing ovation of all the clerks, three members of the collegial panel, Cao Liqiang, Jiang Hongyan and He Yongan, entered the room again.
咚咚!
Cao Liqiang banged the gavel with a serious voice:
“The court is in session!”
“The case of Yu Nanyou Studio accusing the defendant Holding Co., Ltd. of plagiarism and unfair competition will continue to be heard!”
咚咚!
The gavel fell.
“Both the plaintiff and the defendant, do they have any objections to the trial stage before the adjournment?”
“It can be raised in court.”
Su Bai: "No objection."
Chen Chao: “No objection.”
咚咚!
"Since both parties have no objections to this, we are now ready to pronounce the verdict!"
Clerk: "Everyone stands up. Now let's ask the presiding judge to announce the verdict!"
.
All rise.
In the defendant's seat, both Chen Chao and Kong Hao looked a little nervous.
Although they had anticipated the outcome of the verdict.
But after all, this lawsuit is about whether it will break the defendant’s record of almost 100% victory in Nanshan!
So before the verdict, they still had some hope!
The eyes of the two men fell on the presiding judge.
Just listen.
Presiding judge Cao Liqiang slowly spoke and announced the verdict:
“The cause of this case: The plaintiff sued the defendant for plagiarizing the game it produced and accusing it of unfair competition. This case will be heard by the Nanshan High Court of this court.”
“This court has jurisdiction over this case, and the laws applicable to this case are all based on domestic laws.”
“The verdict will be announced below!”
“A lawsuit filed against the plaintiff based on the decision of the collegial panel members.”
"1: It is judged that the Kaixin Xiaoyi Xiaoyi produced by the defendant's company plagiarized the game works of Nanyou Studio, Crazy Xiaoyi. It caused huge losses to Nanyou Studio. The defendant should compensate Nanyou Studio for eight economic losses. One hundred, six hundred and eighty-five thousand, four hundred and sixty-five dollars and nine cents.”
“And, remove the plagiarized game works from the shelves, let’s clear it up happily!”
When the first point was announced, neither Chen Chao nor Kong Hao had much emotional reaction at the defendant's seat.
Because plagiarism has been determined before!
The key issue they care about is the determination of unfair competition!
Just listen.
Presiding judge Cao Liqiang continued: "Two: Judgment, the defendant is suspected of unfair competition!"
“The defendant cannot provide accurate evidence and a complete factual basis for delisting the plaintiff’s mini-game. What kind of risks does the plaintiff’s mini-game pose? The defendant’s platform cannot clearly state it, and it needs to bear certain responsibilities.”
“Request that the defendant’s platform re-list Nanyou Studio’s mini-games and play them like crazy.”
"at the same time!"
“Public apology for his behavior and unfair competition!”
“Three: This case is due to plagiarism by the defendant. The plaintiff’s litigation costs shall be borne by the defendant, but the attorney’s fees shall not be borne by the defendant.”
“Four: All lawsuit applications filed against the defendant are rejected!”
“According to the provisions of my country’s Civil Procedure Law, if the defendant believes that the judgment is wrong or has other questions, it may initiate a supervisory review or initiate a retrial procedure.”
“After the judgment is over, the judgment will be sent to both the original and the defendant within ten days!”
咚咚!
“Closed court!”
Cao Liqiang's serious voice fell, and Chen Chao and Kong Hao were stunned at the defendant's seat.
They knew that they might be sentenced to unfair competition, but... they didn't expect that the penalty would be so severe!
At this moment, my head was smashed!
How do the two of them go back to the legal affairs office?
PS: Please give me a monthly ticket~
Woo, get some sleep.
Catch up on your sleep and continue when you wake up.
(End of this chapter)
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