The golden morning light of Singles' Day sprinkled on the solemn building outside the Hanzhong Gate, like the holy judgment of the 3F regiment.

Nearly 100 reporters either got the observer card, or had to wait for the latest news at the gate because of the number control, but everyone's face was gloating and eager to try.

It's time to grab the big news.

The "great" Apple company actually wants to sue a group of ordinary consumers. This kind of thing is legendary enough to say, not to mention that the consumer actually filed a counterclaim. And the grounds for counterclaim are even more unheard of.

In addition, the consumer's name is Ma Hesha, he is a small Internet celebrity, and the entertainment industry is between the second and third tiers (considering popularity and traffic, not acting skills). And among her defense lawyers, there is Feng Jianxiong, who is now more topical.

"Eh, Brother Lu, why do you say Apple would sue an individual consumer? Isn't she a bona fide third party?" A young female reporter who is a newcomer to the rule of law version is obviously not skilled in business, and can't help but ask her senior colleagues.

"What kind of bona fide third person? Your civil law has been read into the belly of a dog? The concept of being incompatible! There's a fart bona fide third party here. ”

The senior professional reporter known as Brother Lu was very disdainful and retorted to his colleague of the bastards, and then explained,

"It's obvious in this case that Apple wants to sue Sina, and if Sina's official dissemination of installation files is caught, it will be fine. But Sina doesn't leak, and Ma Hesha refuses to explain the source of the installation documents, so it can only be presumed that Ma Hesha stole the installation or did it himself. In addition, if the cracking group of the cracking system can be caught, it is also a big fish that can be hit.

But Ma and Sha are too rigid, deliberately destroying all the source evidence, and clearly wanting to carry it themselves, which forced Apple to ride a tiger, and can only trouble her - in other words, all of this is Ma Hesha himself who took the initiative to slap his face, step by step, so that Apple has no one else to beat, so he can only helplessly beat her, you think about it as Apple!"

There must be a lot of layman's questions like this, but with so many senior reporters present, they quickly subsided after digesting and answering them internally.

With the arrival of the plaintiff and the defendant, the lawyer and the presiding judge, the trial officially began after a simple ceremonial dialogue.

I won't repeat the nonsense that asserts the right to litigate, anyway, it's the same bird every time.

……

The invisible pressure of the lawyers of the original defendant and the defendant made the presiding judge Wang H feel a little uncomfortable.

"I'm leaving, and I'm still involved with such two bad guys, I guess I don't have a good end, alas. This is using me as a temporary worker, and I can take the blame at any time if something happens. ”

Wang H sighed inwardly.

Wang H was originally a judge in the First Civil Division of the Jinling Intermediate People's Court, but at the beginning of last year, a case he handled suddenly caused a sensation in the whole country because of the intervention of the news media - in fact, the case itself is very simple, and it is a traffic infringement case with insufficient evidence and should be questionable. (I didn't say that it caused the accident, because there was insufficient evidence at the time).

However, Wang H wrote something in the verdict that was roughly equivalent to "If you hadn't hit him, you wouldn't have taken her to the hospital" — although there is nothing wrong with this logic in Judge Wang's own perception of social morality. Subjectively, at least nine out of ten judicial officers believe in sexual evil.

However, if you blatantly disobey the legal slogan of "there is no doubt about the guilt"/"whoever advocates shall provide evidence", blatantly violates the perception of social morality, writes this kind of words into the verdict, and is exposed by the media, then wait for the immortality to fade the skin.

Later, at the two sessions last year, when President Gong of the province was still in Beijing to face reporters, he specifically answered this question, saying that the case had taken a turn for the better, and the two sides later formed an out-of-court settlement and did not implement the first-instance judgment.

However, the damage to the lower limit of social morality in that case has already been formed, and there is no way to do it. "I am a local tyrant, so I dare to help the elderly" This argument is also from that point in time, forming a trend of burning the prairie in the land of China.

Even the big leaders in the province were overwhelmed, and of course Wang H had no good fruit to eat. However, his mistake could not be determined clearly, so he could only be transferred from the first civil court to the third court to temporarily adjudicate some intellectual property cases. (Historical facts, not my plot needs.) ）

Then, he listened to his boss's tone, and it seemed that once the time was ripe, he would be "flattened" to the Gulou District Judicial Office.

Well, but everyone knows that this kind of unchanged "flat adjustment" at the administrative level must be very different from the hope of promotion and the apex of the future in this life. A judge from the grassroots level of the Municipal Intermediate People's Court who was transferred to the judicial office in the district is estimated to be in charge of legal aid and organizing legal popularization and consultation work in the streets for the rest of his life.

Today, he, who had already been cold-treated and was waiting for a smooth transition, was actually pushed out by the leader to preside over the game between Feng Jianxiong and Apple, which can be regarded as waste utilization - who just let him still be in the intellectual property court?

Obviously, his leaders also knew that neither side of the case was easy to mess with.

"Please state the cause of the complaint first. Wang H looked at the cameras of reporters from all walks of life, barely bothered to cheer up, and carefully asked Du Qiuming to state his opinions first.

"DISTINGUISHED PRESIDING JUDGE, OUR CLIENT BELIEVES THAT THE FOLLOWING FACTS ARE BEYOND DOUBT: APPLE AND ITS SUBSIDIARIES INVOLVED IN THIS CASE ENJOY UNDOUBTED INTELLECTUAL PROPERTY RIGHTS AND VARIOUS OPERATIONAL RIGHTS IN RELATION TO ONLINE SERVICES SUCH AS THE IPHONE SERIES OF MOBILE PHONES, IOS OPERATING SYSTEM, ITUNES/APP-STORE, ETC.

AS WE ALL KNOW, EVERY CONSUMER, NO MATTER THROUGH ANY CHANNEL TO BUY AN IPHONE SERIES OF MOBILE PHONES, HE IS EQUIVALENT TO UNDERSTANDING THE RELEVANT RIGHTS AND OBLIGATIONS WHEN PURCHASING. WHEN HE TURNS ON HIS IPHONE FOR THE FIRST TIME AND CONNECTS TO THE INTERNET, HE WILL ALSO BE REMINDED TO 'ACCEPT' THE RELEVANT USER AGREEMENT.

However, these user agreements have been recognized as reasonable and valid clauses in many previous judicial practices in China, and they are not overlord clauses, and there are no issues such as 'ambiguous interpretation of standard clauses, which should be inclined to an unfavorable interpretation of the provider of standard clauses'.

AFTER THE DEFENDANTS MA HESHA AND OTHERS PURCHASED THE IPHONE THROUGH SPECIFIC CHANNELS, THEY KNEW THE ABOVE FACTS AND CLICKED TO ACCEPT THE 'USER AGREEMENT', BUT THEY BLATANTLY USED ILLEGAL MEANS TO DESTROY THE IOS OPERATING SYSTEM THEY CARRIED, WHICH IS COMMONLY KNOWN AS 'JAILBREAK'.

WHAT'S MORE, THE DEFENDANT ALSO OBTAINED SOME UNAUDITED INSTALLATION PROGRAMS THAT MAY BELONG TO ILLEGAL SOFTWARE IDENTIFIED IN CHINA'S COPYRIGHT LAW AND COMPUTER SOFTWARE COPYRIGHT MANAGEMENT REGULATIONS THROUGH ILLEGAL CHANNELS, NAMELY THE 'SINA WEIBO APP', AND USED THEM IN HIS CRACKED IPHONE-3GS MOBILE PHONE AND OPENLY SHARED THEM.

FROM THE WEIBO EVIDENCE NOTARIZED BY US, IT CAN BE SEEN THAT THE WEIBO SHE SHARED BLATANTLY DISPLAYED SUFFIX INFORMATION SUCH AS 'PUBLISHED ON AN IPHONE-3GS MOBILE PHONE ON A CERTAIN YEAR, MONTH, AND DAY' - AND AS WE ALL KNOW, SINA WEIBO IS NOT AN APP THAT HAS BEEN REVIEWED ON THE APP-STORE. Therefore, the blatant use of Ma Hesha not only infringed intellectual property rights and violated the user agreement, but also caused irreparable damage to the plaintiff's goodwill and technical authority.

There is evidence that a number of partners that the plaintiff is currently negotiating with in China have invoked the infringement facts of this case in an attempt to depreciate and undercut the prospects of cooperation with the plaintiff. These pieces of evidence were originally trade secrets of the plaintiff, but in order to prove the relevant facts of this case, the plaintiff was willing to voluntarily disclose some of the relevant negotiation secrets and ask the presiding judge to adjudicate them.

Therefore, we solemnly accuse the defendant of infringing the plaintiff's intellectual property rights such as 'destroying the computer information system', and also infringe on the plaintiff's goodwill and technical authority. We applied to the court to order the defendant to immediately stop the infringement, publicly apologize on the Weibo channel, and ...... Compensate the plaintiff for direct economic losses of 5,000 yuan. ”

Du Qiuming's statement was impassioned at first. He did not hesitate to spew out all kinds of condemnations that could be used to condemn IP crimes/violations. When it comes to the legal director's reasoning, the performance is not bad.

However, when it comes to the final request, there is really a suspicion of lifting it up and letting it go gently.

However, what can be done? After all, it is very difficult for international giants to sue individuals for such a thing, and to find out how much oil and water they can produce.

Moreover, even if Ma Hesha fully admits all the facts, the monetary damage corresponding to her tort liability can only be defined so much. It is impossible for people to buy a mobile phone for 5,000 yuan and toss blindly as an individual consumer, but in the end she said that the compensation she caused was many times higher than the money she paid for the mobile phone.

At the very least, the level of public understanding is limited.

Apple really wants to burn Ma Hesha and Feng Jianxiong's money, but the key is to rely on litigation fees to drag it out, wasting Feng Jianxiong's time.

Before coming to court, Lamond even gave Du Qiuming a face-to-face lecture: the compensation is just a show, and Apple is not short of money. The key is to occupy the moral righteousness, force the other party to stop the infringement, and publicly apologize.

This is what means the most to Apple: to be able to stand up and make a lot of money to other partners who count on Apple's closed system and review mechanism can boost cooperation confidence and increase Apple's bargaining chips for cooperative operators IPHONE4 China.

"Attorney of the defendant, do you have any defenses to the plaintiff's request?" Judge Wang H turned to Feng Jianxiong after confirming that Du Qiuming had no other initial statements.

"Honorable Presiding Judge, we have nothing to defend against most of the factual judgments put forward by the plaintiff - the mobile phone was bought by my client, and she cracked it under 'indirect and deliberate indulgence' and installed the target software. The process of using it is also the process that she insists on using knowing the consequences - there is no objection to these.

However, we feel that there is a big problem with the value judgment and application of law of the plaintiff's agent on these facts, because the losses of the plaintiff caused by the acts carried out by our party cannot be characterized as a 'tortious debt' in civil law, but only a 'debt of liability for breach of contract'. Therefore, I think that the plaintiff's lawyer's final demands such as 'stop the infringement and apologize' are simply nonsense!"

Feng Jianxiong only used a few words, and he said it loudly.