You became a lawyer and sent the judge in?
Chapter 84 Final verdict! Suspected of unfair competition! Heavy sentence!
The judgment seat.
Boom, boom, boom!
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 defense, legal defense or evidence that you believe Penguin Holdings Co., Ltd. has exercised unfair competition against you."
"Good judge."
Su Bai spoke slowly: "But before that, we need to ask the defendant a question."
“First: According to what the defendant’s lawyer stated previously, the removal is due to the platform’s internal regulations. But may I ask, which internal regulation of the platform is the removal based on?”
This question.
They have experienced it many times before.
Chen Chao was no stranger to this kind of problem, so he slowly said:
"This is based on risk assessment of external mini-games and considering the security 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.
Throw the blame directly.
You mean to accuse me of unfair competition, but I did it for my own safety. Why do you think my removal from the shelves was unfair competition?
If you ask, what kind of security impact does it have? I'm sorry, I don't know.
Or maybe, 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, it will not involve legal competition issues.
This is equivalent to raising a big flag and blaming the blame everywhere without taking any responsibility.
Tsk tsk
Su Bai raised the corner of his mouth slightly, this security department has taken the blame from the boss!
But he has studied penguins in depth!
He knew that if his side sued him for suspicion of monopoly or unfair competition, the other side would have 800 reasons, 699 of which were to blame the risk and security department.
But Penguin thought finding a scapegoat would be useful?
joke
Again, I've already studied everything you've done, so what are you going to do to fight 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, Penguin has the awareness to cooperate with us."
“But after we refused, we received a delisting notice from Penguin Holdings Co., Ltd.
And after Crazy Xiaoxiao was removed from the shelves, Kaixin Xiaoyixiao was immediately put on the shelves, and it was plagiarized. "
“There was no detailed announcement and the purpose of the cooperation was not achieved. During the cooperation period, our products were directly removed from the shelves.
Based on the above conditions, I would like to ask the defendant, how did you determine that we violated the regulations and were removed from the store by risk control? "
Faced with Chen Chao finding a temporary worker to take the blame, Su Bai directly asked a series of questions and threw the question back to him.
Self-certify!
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 Xiaoxiaoxiang
Then just wait and go in!
You must know that Su Bai has thoroughly studied the Penguin risk control rules for a long time, and has already asked Lin Quan to find a professional organization to test the risk control issues of crazy consumption. It has been tested many times to ensure that there will be absolutely no question!
That’s why he dared to say it so directly!
At the same time, he also knew that Penguin was originally a big business, and if he copied this thing or that thing, others would be unable to do anything about him.
If you copy games from some large manufacturers, you still have concerns about filing a lawsuit, which may involve some legal issues.
Copying games from small studios means showing no mercy at all.
Used to being arrogant!
Directly, whatever I say is what I say, I’ll get you!
Therefore, there will be many legal loopholes left.
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."
Faced with 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.
Chen Chao 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."
Tsk.
The question comes back again?
OK!
You are so tough, now I will blow your head off!
Su Bai took out a pile of materials from the litigation materials and said:
"Presiding judge, these materials are Penguin's latest risk control rules and the risk control appraisal report 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 Elimination on the spot to see if it meets Penguin's requirements! "
"The defendant can apply for on-the-spot inspection!"
Chen Chao: "?!?"
No, what are you doing?
Are you fully prepared to beat Penguin to death 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.
Based on 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, Cao Liqiang looked at the defendant's seat at the presiding judge's seat and asked:
"Whether the defendant applies for it, it will be tested 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 was determined to have Penguin's head crushed during the trial, and was fully prepared to accuse Penguin 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."
Boom!
Cao Liqiang banged the gavel: "Does the defendant have any objection to the evidence provided by the plaintiff?"
Chen Chao: "We have no objection."
Boom, boom, boom!
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 suppressed to death, so there is no point in adding anything more.
It might be counterproductive.
Su Bai said: "Presiding Judge, we have nothing to add."
Boom!
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?"
Chen Chao 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.
And, this is a bug problem left over from the gaming department.
He couldn't answer either...
Chen Chao spoke:
“We cannot accurately explain why Nanyou Studio’s crazy matching game was removed from the shelves.”
Boom!
"I would like to ask the agent of Penguin Holdings 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.
The gavel was struck.
Boom, boom, boom!
"Now the court statement phase begins, and the plaintiff is invited to make a statement."
Su Bai took a long breath when he heard Cao Liqiang's voice!
So far, 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 discounting your little wings this time!
"Good judge."
Su Bai nodded slightly, and then began to state:
"Regarding this case, our statement is 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.”
"Aiming at the monopoly of certain large enterprises."
"The products produced by small studios are severely squeezed, which completely violates the principles of legislation."
"So we believe that the monopoly of some large companies, relying on their huge foundation, will be severely punished for the bullying behavior of some small and medium-sized enterprises."
"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 his statement, and now it is up to the defendant to make his statement."
Penguin Legal has a certain understanding of the various presiding judges and senior officials of Nanshan Court.
Therefore, Chen Chao also knew something about Cao Liqiang's character.
The trial has reached the court statement stage, and Judge Cao probably already has a verdict in his mind.
The court stated that the impact on the presiding judge was not great.
Therefore, if you talk too much, you will be wrong. 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."
Boom!
"Is the defendant sure to give up his statement?"
"Sure."
"Yes!" Cao Liqiang nodded slightly, and after confirming that the defendant had given up his statement, he banged the gavel again!
Boom!
"Does both sides of the trial still have objections to the evidence or legal defense presented by the other party?"
Su Bai: "No objection."
Chen Chao: "No objection."
Boom!
"Since both parties have no objections, we will now enter the adjournment stage. The adjournment time is one hour. The court will be announced in an hour!"
Boom!
"Adjourn the court!"
After the words fell, the two judges, Cao Liqiang, Jiang Hongyan and He Yongan, left the scene.
.
….
In the courtroom, in the defendant's seat.
Kong Hao's brows furrowed tightly: "This is an adjournment. After the adjournment, there is a high probability that a verdict will be announced."
"This case..."
"What do you think are the chances of winning the case?"
Facing Kong Hao's inquiry, Chen Chao frowned: "What are the chances of winning?"
"If the game has been found to be plagiarized, the case has been lost. There is no chance of winning the case. 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 that he was upset now and did not want to continue talking about this topic.
Seeing this, Kong Hao nodded seriously and did not continue.
And at the same time.
The plaintiff looked much more relaxed and cheerful.
Su Bai unscrewed the mineral water from the table, took a sip, felt the nourishment of the water, and took a long breath.
I just defended myself and talked so much that 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 wings of the little penguin..."
Su Bai narrowed his mouth slightly and folded the little penguin's wings. This was too much to underestimate him!
Looking at it for now!
It's no longer about the wings, the key issue is. He had already cracked the little penguin'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 pronounced yet!
Forget it, never mind, no matter what, it’s impossible to lose!
I checked in successfully, so happy...
.
….…
at the same time.
Three members of the collegial panel are discussing the case.
Cao Liqiang spoke slowly: "I am quite surprised by today's court hearing."
"I didn't expect Penguin's legal affairs to fall into the trap during the defense of the infringement case. It seems that the original party was very well prepared."
"It's certain that Penguin will lose the lawsuit, but I haven't decided yet on the scope of Penguin's judgment and punishment. We can talk about it."
….
Jiang Hongyan nodded slightly and agreed with Cao Liqiang's point of view.
"There is indeed no problem with Penguin losing the lawsuit. As for punishment, according to the plaintiff's statement, Penguin is indeed suspected of unfair competition."
"There are even monopolistic behaviors that can be severely punished."
"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 Penguin..."
"Um!"
"As for Penguin's verdict, let's let it be that way! 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.
Boom!
Cao Liqiang banged the gavel with a serious voice:
"The court is in session!"
“The trial of Yu Nanyou Studio’s lawsuit against Penguin Holdings Co., Ltd. for plagiarism and unfair competition continues!”
Boom!
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."
Boom!
"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!"
Swish, swish, swish.
All rise.
In the defendant's seat, both Chen Chao and Kong Hao looked a little nervous.
Although they had anticipated the verdict.
But after all, this lawsuit is about whether Penguin will break the almost 100% record of winning cases in Nanshan!
So before the verdict, they still had some hope!
The two people's eyes fell on the presiding judge.
Just listen.
The presiding judge, Cao Liqiang, spoke slowly 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!"
"Based on the research and decision of the collegial panel members, the lawsuit application was filed against the plaintiff."
"1: It is judged that the Kaixin Xiaoyi Yipin 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 million, six hundred and eighty-five thousand, four hundred and sixty-five dollars and nine cents."
"Also, remove the plagiarized game works from the shelves, let's have a good time!"
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 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 express 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!"
"A 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 defendant shall not bear attorney fees."
"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 can 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!"
Boom! !
"Court closed!!"
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!
Hiss~
This time, my head was smashed!
How do the two of them return to the legal affairs office?
PS: Please vote for me~
Ugh, catch up on some sleep.
Get some sleep and continue when you wake up.
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