Waiting for the Supreme People's Court to discuss and make a judicial interpretation behind closed doors can take as little as one or two months, and if the difficult points are more complicated, it may take longer.

However, this does not mean that if there are laws and regulations waiting for the central authorities to make an explanation, the trial of the case cannot continue.

After all, there may be more than one point of disagreement in a case.

In the process of waiting for the interpretation of a law, the rest of the case can continue to be played and gradually clarified.

This is the actual state of operation of those major and important cases involving judicial interpretations.

However, Feng Jianxiong is not afraid of delay, anyway, every time he has in every business, the occupation of time is relatively flexible. Over the years, the strong women around me have also become independent.

When he has free time, he reads the files, studies other business strategies, or publishes a book. When he was busy, he appeared in court and left the business to Zhou Tianyin and Tian Haimo to take care of it.

If the topic of discussion in the trial was not very important, Feng Jianxiong would even let Yu Meiqin appear in court alone and deal with Du Qiuming.

In particular, Feng Jianxiong's biggest cash cow and legendary web game business today. Because of the strategy of "relying on big data to moderately infringe on celebrity endorsement rights and obtain differentiated customer acquisition cost advantages" set at the beginning of the year, it has not yet been seen through by his peers in popular web games, so although the profit margin of this part is not as high as at the end of last year, it is still very stable and guaranteed.

Even if Feng Jianxiong doesn't ask for more than half a year, he can maintain it just by relying on Zhou Tianyin and his team.

Moreover, with the blowout development of the paid web game market, Feng Jianxiong can now have a net profit of one or two hundred million yuan almost every month, and his cash flow strength has grown steadily. And last year, Feng Jianxiong's net profit was only tens of millions per month.

Until 2011, the domestic paid web game market has been growing steadily and explosively.

Therefore, even if Du Qiuming wants to play something else with him now, and spend money to buy someone or something, Feng Jianxiong is not afraid - every month that drags on, his money will be a lot more.

It's like mid-May.

The Jiangnan Provincial High Court has also held a total of three court sessions.

As the lawyer representing the plaintiff, Du Qiuming also worked hard to fight to the death with Feng Jianxiong at every possible point.

He wants to be worthy of the lawyer's fee he received, and he is also worthy of the biggest commission in his life.

Even if he has gradually known Feng Jianxiong's true strength, knows that Feng Jianxiong has the ability to stab things to the top, and even fights in a game of chess at home and abroad, air and ground joint operations, Du Qiuming is still gritting his teeth and fighting back.

"If the Supreme People's Court really makes an unfavorable interpretation against us, then the rank of 'people's absolute control over property' will be judged to be higher than the rank of 'compliance with commercial contract interests'. In this case, according to the original characterization, it will definitely be unfavorable to Apple. Because the means of claiming for 'liability for breach of contract' must not violate the right to dispose of property rights.

However, if I can find a way to muddy the water a little more, and fundamentally deny that Ma Hesha's behavior is a 'liability for breach of contract' and rise to 'liability for negligence in contracting', then there is still a glimmer of life. However, there is really no guarantee of the success probability of this move, and with Feng Jianxiong's ability, it is very difficult to collect evidence and identify it......"

This thinking is Du Qiuming's calculation before the third trial.

As for the reasons and evidence foreshadowing to be used in this angle of rebuttal, he did bury them in the initial pleadings, and it was not a surprise attack.

It's just that in the first two hearings of the second trial, because it had not yet reached the level of applying for an explanation from the Supreme People's Court, Du Qiuming asked himself that the probability of winning by other tricks was already not small, so he had not used this last move.

Let's fight to the death.

……

May 17, a Monday.

Jiangnan Provincial High Court, Civil Third Division.

The third hearing of the case.

When Ma and Saa sat in the dock, they were rarely a little nervous.

Because today, her trusted brother Xiong did not come, and only Sister Meiqin accompanied her in court.

I heard that Brother Xiong was jumping up and down in the capital, making friends with leading scholars in various legal circles, and asking someone to send a paper to discuss the EFF countersue Apple case in the United States.

Building momentum in the academic world is more important than appearing in court at the moment. Although the court has banned the discussion of the pending case, Feng Jianxiong does not have the right to directly publish relevant public opinion on this matter to the media at this time. However, the court system is also unable to prohibit the academic community from discussing one or more similar cases abroad.

The power of this side-knocking side blow is still very impressive in the end.

The overall situation is important, and Ma and Sha can only endure it.

"Don't worry, I know what Du Qiuming plans to do today, and it's enough to have me here. The high-spirited Yu Meiqin patted Ma Hesa's hair and encouraged unwillingly.

She is still very confident in herself, not to mention that the topics of each court trial are known in advance, and they are not engaged in raids. Despite Feng Jianxiong's absence, she still had the confidence to withstand Du Qiuming's counterattack alone.

It can even be said that Yu Meiqin is a little enthusiastic, she has been waiting for this opportunity to be alone in a big case for a long time.

But why can't Sasha always trust "Sister Mai Trin" like she believes in her "male brother"?

When Yu Meiqin was slightly distracted, the court session in the venue had already been finished. Du Qiuming's last round of active counterattack began.

Du Qiuming stood up and glanced at the auditorium before stating his opinion.

Perhaps because there are so many court sessions, the reporters have nothing to dig up, and there are many fewer people than when the second trial was held for the first time.

The public just came to see the excitement, not the boring legal debates.

The decrease in onlookers made Du Qiuming's mood better.

Because he knew that the sophistry he was about to utter in a moment was a double-edged sword.

Legally, of course, he can get some points for his employer and Apple.

However, even if this trick is successful, if it is widely publicized, it will leave a bad impression on Apple at the domestic consumer level, and there is a certain risk to goodwill.

Now that no one is paying attention, let's give it a go.

"Honorable presiding judge, we have different opinions on the characterization of the defendant Ma Hesha's conduct as determined in the first instance, and we submit a statement. ”

"DURING THE TRIAL OF THIS CASE, THE DEFENDANT'S ATTORNEY REPEATEDLY EMPHASIZED THAT MISS MA HESHA'S ACT OF 'BUYING APPLE'S IPHONE-3GS MOBILE PHONE AND USING IT TO SEND SINA WEIBO ON THIS PLATFORM AFTER CRACKING IT' WAS A 'CONSUMER BREACH OF CONTRACT USE'.

However, with the deepening of the investigation of this case and the disclosure of more and more prior acts of the defendant and his agent, we have reason to believe that Ms. Ma and Saa had malicious intent and malice when they purchased the mobile phone.

SHE BROKE THROUGH LAYERS OF OBSTACLES TO BUY THE IPHONE-3GS, WHICH WAS STILL DIFFICULT TO GET IN MAINLAND CHINA AT THAT TIME, I AM AFRAID THAT THE ORIGINAL PURPOSE WAS NOT FOR NORMAL USE, BUT TO DELIBERATELY SLANDER APPLE'S GOODWILL AND MARKET IMAGE.

Therefore, even if Apple's sales side sells the phone to her in a form contract because it believes her motive for purchasing in good faith, it should not constitute a normal contractual relationship. Her subsequent breach of these 'so-called contracts' should not be characterized as 'liability for breach of contract', but rather as 'liability for contractual negligence' – to be precise, 'liability for contractual negligence' which is subsumed into 'tort liability'......"

Du Qiuming's words are still very long.

The few reporters in the venue who watched the excitement didn't quite understand the logic of this.

However, Yu Meiqin, who played with him, of course, understood it for the first time.

"Sister Meiqin, what does he mean?" Even the parties Ma and Sha couldn't help but ask Yu Meiqin to explain to her.

"His general idea, roughly speaking, is to compare you to the anti-counterfeiter who was 'not a consumer and therefore could not be protected by the consumer law'. Of course, I'm just giving an example, and the legal theory is far from it. You can rest assured that he is only stating a subjective motive, but the evidence is insufficient. ”

Yu Meiqin roughly dissected Ma Hesha softly.

IT TURNS OUT THAT, IN OTHER WORDS, ACCORDING TO DU QIUMING, HE JUST THINKS THAT THE REASON WHY MA HESHA BOUGHT AN IPHONE MAY NOT BE FOR THE NORMAL USE OF THE IPHONE.

EVEN, IT'S NOT TO USE THE WEIBO SUFFIX "THIS WEIBO IS PUBLISHED USING THE IPHONE-3GS PLATFORM" TO ATTRACT EYEBALLS AND BLOGGER SCARCITY FOR FAN TRAFFIC.

Du Qiuming believes that the reason why Ma Hesha bought this mobile phone is to "deliberate and plan for a long time" to "hurt Apple's goodwill" and create a social influence in mainland Chinese society that "Apple's IOS and APP-STORE system system is easy to be broken by consumers", thereby hurting the confidence of those software friends who are ready to form strategic cooperation interests with Apple.

This statement is comparable to those who think that "because you Wang H is engaged in fighting counterfeits, and has made a lot of money by buying fake goods and making double compensation according to the "Consumer Rights Protection Law". Therefore, your purchase behavior is not for consumption, but for 'business', so you do not deserve to be characterized as a 'consumer', and your behavior cannot be characterized as 'consumption'.

In Du Qiuming's description of muddying the waters, Nama and Sha simply became commercial spies sent by Apple's hostile companies to give eye medicine and expose black information.

……

Roughly listening to Sister Perfect Qin's concise translation, Ma and Sha themselves were stunned.

When did he become a commercial spy who "deliberately wanted to hack Apple's goodwill"?

She also wanted to ask some more questions like "what would happen if the other party had achieved my goal of qualifying me like this?"

However, Yu Meiqin needed to organize a refutation immediately, so she didn't have time to deal with her.

Ma and Sasha could only temporarily press the doubt back into their stomachs.

However, the few reporters in the stands are not all straw bales.

For example, the layman female reporter who came to interview in the first trial of the first trial, and the "senior knowledgeable narrator" Lu Ge, who she often chased for advice, were still present this time.

"Brother Lu, if that Du Qiuming succeeds in proving that Ma Hesha's liability is not 'liability for breach of contract', but 'liability for negligence in contracting', what will be the consequences?

"What do you mean by innocuous status? You know the ......! Hey, it's insidious!" replied the commentator, known as Brother Lu.

……

"Liability for contractual negligence, in layman's but imprecise terms, roughly refers to 'the legal liability that one of the parties should still bear after the contract/contract has not been formed or has been invalid ab initio'.

For example, if you sell me a house, the contract is signed, and I also pay a deposit of 100,000 yuan, and in the end you regret not selling, then you bear the liability for breach of contract, return the 100,000 deposit to me, and pay me 100,000 more, and this matter is over. If I want to force you to perform, the law doesn't support it. If there is a clause stipulating the liability for breach of contract, it can only be pursued according to the agreement.

However, the liability for negligence in contracting is different, because before the contract is concluded, you have some other statutory violations, resulting in the contract not being completed in the first place. But at the same time, because of these expressly prescribed acts, I have caused losses, so I want you to accompany -

At this time, because the 'covenant' does not exist, the way I want you to be liable is naturally more flexible and diverse than the liability for breach of contract. According to the compensatory principle, it can include the models of 'cessation of infringement' and 'compensation according to actual losses'. ”

The commentator Jun Brother Lu played a little trick at the cute female reporter next to him, and finally let the officials in the stands understand.

Although his words are still very brief and imprecise, it is roughly as follows: if Du Qiuming wants Ma Hesha to take responsibility in a way that cannot be done by "liability for breach of contract", such as "stop the infringement and apologize", then it is necessary to attach Ma Hesha's "liability for breach of contract" to "liability for negligence in contracting".

(It would be better if it could be far-fetched into "tort liability", once and for all.) But the risk of not being able to do it is too great, so Du Qiuming retreated to the second best thing, and he can be far-fetched to the "liability for negligence in contracting". In the field of civil law and contract law in China, "liability for negligence in contracting" is roughly an intermediate form between "tort of fraud" and "liability for breach of contract". In the past, when the legislation was incomplete, "liability for contractual negligence" was directly classified under "tort liability". ）

In addition, if there is a clause in the contract that stipulates the method of dispute resolution for breach of contract, then even if the contract is invalid or revoked, the clause on the method of dispute resolution for breach of contract is still valid. There is also a pit in this, and the defendant's lawyer Yu has to jump over it. However, I believe that those of us who engage in the media can see that top lawyers like others will definitely not step on it, so there is nothing to say. ”

Another commentator next to him, who was quite knowledgeable, couldn't help but flirt with the beautiful woman, and added a point that Brother Lu didn't mention just now.

In a word, Du Qiuming is trying to find a way to abolish the sentence that Feng Jianxiong shouted the loudest, "I know I let you suffer losses, but I insist on continuing to breach the contract and continue to cause losses to you while insisting on your money according to the user agreement".

Don't let Feng Jianxiong continue to play the card "Within the scope of the law, I will give you a blood transfusion while stabbing you as compensation".