"Mr. Qiu, I saw a foreign case analysis paper a while ago, and I was a little puzzled - just now I heard you talk about the "Property Law" in class, which is still in the legislative discussion stage, and talked about the various manifestations of absolute property rights and relative rights of creditor's rights. ”

Feng Jianxiong speaks decently and calmly, which is completely the aura of a lawyer who has been accumulating years.

"On that paper, two sets of comparative cases were analyzed, one is that Sony sells PS2 game consoles, and after the user cracks the system, he can play pirated PS game resources that he burns by himself. Sony then tried to sue some of the typical consumer groups that had been caught, but after the countersuit, the U.S. Court of Appeals for the Federal Circuit ruled against Sony.

IN ANOTHER CASE, A BATCH OF GENUINE WINDOWS OPERATING SYSTEMS SOLD BY MICROSOFT WAS ALSO CRACKED BY GENUINE USERS AND ILLEGALLY UPGRADED TO AN UNAUTHORIZED VERSION. Microsoft also filed a lawsuit after obtaining evidence, and the United States finally ruled in favor of Microsoft.

It's also a genuine product sold by a company.,After being cracked by consumers, they run pirated games on it or upgrade to pirated unauthorized versions.,But the fate of Microsoft and Sony is diametrically opposite.,I haven't been able to understand the legal principles behind it.,After listening to your lecture today.,I think it's because of the reason you said?"

Qiu Xue listened very carefully.

At the beginning, she listened to this boy talk about Yan Yan's use of foreign judicial precedents, and she thought that this student was a little frivolous. After all, although the civil law she teaches is not to teach the judicial practice of her own country, it must also be based on the laws and regulations of her own country.

If you ask a completely unrelated case, it is a craftsman's impetuousness.

However, as Feng Jianxiong finished asking, her senses were already different.

Although the civil laws of China and the United States are very different, there are many similarities in the spirit of basic jurisprudence behind them. For example, "freedom of contract", "protection of bona fide third parties", "absolute right of property rights, and relative rights of creditor's rights".

In the class just now, she mainly talked about the analysis of "absolute rights of property rights and relative rights of creditor's rights".

And Feng Jianxiong's question almost fed into her mouth like a feeding move, which made her very eager to talk eloquently.

"You're right. Although I have not read the specific files of those two cases, it is difficult to draw too detailed conclusions, but I think the core jurisprudential basis of your summary is correct.

Software sales are essentially a kind of service product sales, and there is no transfer of property rights behind it. The sale of game consoles is essentially a sale of goods and products, and there is a transfer of property rights behind it.

Therefore, behind the software sales behavior is a pure 'contractual debt' relationship, and any agreement between the two parties, as long as it does not violate the mandatory provisions of the law and does not infringe on the interests of a third party, the law will recognize and follow its agreement.

Behind the sales of game consoles, there are both 'contractual debts' and 'transfer of property rights'.

At this time, the relationship of 'contractual debt' can still be arbitrarily agreed, and the 'If you want to continue to install, please click I agree' button that the user clicks before purchasing, is a promise that should be abided by - we will not discuss the overlord clause here.

However, the seller is not qualified to stipulate and restrict the buyer in the way the property right is exercised after the 'transfer of property rights' - unless the contract is not a 'sale', but a lease or something, so that the buyer cannot obtain 100% full property rights, or 'ownership'. At this time, the seller may be entitled to continue to restrict the buyer's possession, use, income, and disposal of the property.

In this case, the key is that the sale of game consoles is a 'sale of goods', so it is the absolute freedom of consumers to do with their game consoles as they want after they buy them. What consumers get is the 'ownership' of the game console, and it is the same reason that the system of the game console is cracked and the pirated game is smashed.

WHEN CONSUMERS BUY WINDOWS SYSTEMS, THEY BUY 'SOFTWARE USE RIGHTS', AND SOFTWARE IS NOT A 'THING', SO THERE IS NO COMPLETE PROPERTY RIGHT, AND MICROSOFT CAN DICTATE HOW TO USE CONSUMERS AFTER BUYING THEM IN THE SALES CONTRACT. ”

Qiu Xue was just answering questions, but the more she talked, the more she worked, and she was scratched to the itch. So much so that the sentences are not so tight - but it doesn't matter, it is a class Q&A that is not a debate competition.

While still writing and drawing on the lesson plan, I thought that the next time I take a civil law class to talk about the comparison of property rights and creditor's rights, I must use the case that Feng Jianxiong said.

This case is simply many times better than her own lesson plan!

There are also precedents with diametrically opposed fates between large international companies that provide dramatic comparisons, and there are high-level elements of "property rights and creditor's rights in the face of intellectual property conflicts of interest, priority trade-offs", which can be written into textbooks.

Perhaps the teachers of the entire Jinling Normal University Law School may not be able to find a better case to analyze when illustrating this teaching argument.

Qiu Xue is like a person who has practiced Huashan swordsmanship for more than ten years at the moment, and when he was about to use a move "Youfeng Laiyi", the opposite side actually took the lead in feeding a "golden goose" that was restrained by "Youfeng Laiyi". The countless ostentatious confessions and desires to be a good teacher in her heart have been hooked.

"Classmate, can you tell me what the title of the relevant paper you saw is called, and which famous master is it?" When Qiu Xue asked this question, she didn't realize that she had lowered her posture to the position of seeking advice.

Feng Jianxiong was embarrassed.

He really wanted to tell the truth: "Damn! How do I know who wrote this paper! There is no such paper in the world! The case study is also improvised by piecing together two unrelated cases on the spot!"

In fact, this jurisprudential analysis, if it is set aside after six years, is simply not novel.

Because six years later, there was a big case in the United States that was cited as a benchmark in the legal community: the EFF Foundation countersued Apple for the "IOS system anti-jailbreak" case. In the end, Apple was defeated by the Federal Court of Appeals Circuit on this legal principle.

Now, this case has not happened, but Feng Jianxiong already knows the legal principles behind it, so he temporarily grafted the case of Sony's PS game console being cracked and suing consumers, and then being countersued, as a comparative reference.

"I just want to get close, why did I cause so many troubles! It seems that I will open another layer of mentally handicapped aura for myself in the future, don't be too sharp. After blaming himself so much in his mind, Feng Jianxiong said with a smile:

"I'm sorry, in fact, there is no systematic paper on this, just now I accidentally saw these two sets of cases, and then used my own brain to compare them. I'm afraid that you don't want to analyze this topic, so you pretend that there is a famous paper......"

"Did you come up with it after you saw two unrelated cases? What is your name? How many classes are there?"

Qiu Xue was immediately shocked: although it was only an analogy and association of two unrelated cases, this kind of ability, unless he was a senior professor who had been immersed in this art for many years, it was impossible to be so keen!

Could it be that the teenager in front of him is really a dog S luck, and the brain circuit association ability is so whimsical, and he happened to bump into it?

Feng Jianxiong didn't know what Teacher Qiu was thinking, he reluctantly confessed: "Feng Jianxiong, from the fourth class." ”

Qiu Xue immediately flipped through the list and found that his student number was ranked behind Xu Ming.

The dormitories of students in Jinling Normal University are arranged according to the student number, so the students who are together with the student number are often in the same dormitory or adjacent dormitory.

"You're Xu Ming's roommate? Alas, why doesn't he learn from you, remember to inform him that he must come to class next time when you go back - as for you, come back again with your level, just do it." A lot of knowledge seems too superficial to you. Qiu Xue closed the roster and sighed, and smiled even more when she looked at Feng Jianxiong.

She thought for a while and asked tentatively: "Student Feng, the teacher discussed something with you, since the two cases you mentioned just now, since there is no paper that puts them together for comparative analysis, then I want to write it as a paper, don't you mind - of course, whether there is an analysis or not, I will still search and check the duplicate." ”

Feng Jianxiong didn't even think about it, and realized what the other party wanted to do.

Looking at Qiu Xue's age, twenty-eight or nineteen, she has only graduated with a doctorate and has just been teaching for two or three years. If you climb fast, the teaching assistant has already stepped over, and you can be considered a lecturer. It should be to save up papers and qualifications for associate professors in a few years.

It's no wonder that before she opened her mouth, Qiu Xue was very reasonable to "give permission" to Feng Jianxiong if she didn't want to attend her class in the future, so she didn't come and didn't call him by name.

Feng Jianxiong is a person who wants to be a lawyer, and he doesn't want to take the academic route, so his papers are naturally worthless to him. And in the end, today's thing is different from ghostwriting, after all, he can't write a stable paper, just provide some high-level ideas and opinions.

In this case, it is not impossible to do personal favors.

It depends on how much convenience and information Qiu Xue can provide him.

"Mr. Qiu, if you want to write this topic, of course it is your freedom, I just thought about it casually, and I couldn't write it. Feng Jianxiong was generous first, and then changed his words,

"But Mr. Qiu, as you can see, I am usually very interested in intellectual property law-related cases such as 'piracy'. I don't know if you know which professor in our school is the most authoritative expert in this field, can you introduce me or give me a contact information? I usually study on my own and have a lot of things I want to ask. ”

"Well, it's good to be studious! Of course it's fine. Qiu Xue heard Feng Jianxiong's request for this, and her evaluation of Feng Jianxiong suddenly increased by two points, after all, this idea is reasonable and there is nothing wrong.

"The most senior in the field of intellectual property law in our institute is Professor Liu Yuanming Liu, who specializes in patent law, and also works as a consultant in an external patent agency. Before I left school, he taught me a few classes when I was in graduate school.

Although he doesn't usually teach undergraduates in person, he still likes to discuss with rising stars. I'll help you introduce the blowing breeze in a moment. ”

Qiu Xue said, first gave Professor Liu Yuanming's contact information, and then packed up his things and left.

Most of the classroom had dispersed, but a dozen or so students remained. Some are discussing questions, some are waiting to be answered, and some are purely because the girl stayed, so leaving the set is almost a discussion about where to go on the weekend.

It's a pity that most people can't even understand the topic that Feng Jianxiong talked about with Teacher Qiu just now because they have only been in civil law class for two weeks, and they don't know how big Feng Jianxiong inadvertently pretended to be.

Life is really lonely like snow.

Feng Jianxiong packed his schoolbag and was about to talk to Professor Liu about something, when a girl who came in quietly at some point flashed next to him, and Wen Yan said: "The comparison between the two cases just now is very enlightening, the elements are substantial, and there are conflicts, which can be written into civil law textbooks." ”

Feng Jianxiong looked up, and it turned out to be Yu Meiqin.

Yu Meiqin is in the second class, and the civil law class is not taken with the fourth class, so it should be squatting with Feng Jianxiong when he gets out of class.

"It turned out to be classmate Yu, is there something wrong?"

Yu Meiqin paused slightly meaningfully, and then asked tentatively: "The next debate with the New Mission Academy has come out, have you been notified?"

Feng Jianxiong was stunned: "Yes? ”

"Sure enough......"