One day at the end of October, in the capital, near Zhongguancun, the villa of Gu Yongjiang.

Feng Jianxiong smiled kindly, and when he got out of the car, he shook hands with General Gu Yong, and in the eyes of outsiders, he thought that these two people were really business partners.

Actually, the two can be regarded as neighbors.

Because Feng Jianxiong also has a villa near the Summer Palace, he bought it two years ago.

Now Feng Jianxiong can stay in his villa every time he goes to Beijing to do business. However, the villa is often empty, or only Ding Lihui, who needs to go to Beijing for a long time to do business, to borrow for a while (Ding Lihui needs to run CCTV and run the "General Administration" of various program censorship. Otherwise, the wonderful show cannot guarantee that it will not be harmonious. ）

This time, he also flew from Qiantang to the capital a day in advance and stayed in his villa for one night before visiting his "old neighbor".

came with him, as well as Zhou Tianyin. After all, Zhou Tianyin is the nominal CEO of Station N, even if she doesn't have much to say in today's negotiations, she has to show up to be formal.

"Mr. Gu, I am fortunate to be happy. I met once in July, and then I visited it for a long time. ”

"Where, where, I'm ashamed, it's too hot a while ago, I went abroad, I went to Australia to attend some international conferences - is it cool in the southern hemisphere. ”

The two sides were polite and unproductive, and no one would break the sparkling words of "You must have thought the timing was not good enough, so you don't want to see me".

The two sides sat down separately, and General Gu Yong also let the maid serve coffee.

Feng Jianxiong took a sip and got to the point.

"Boss Gu, we don't talk darkly, you also understand my intention today, the 3 million paid members of Station N have already surpassed you. Whether you accept it or not, we are now a division opponent.

Of course, I have more resources in my hands, and I will suffer from lawsuits, which is a fact. But I also believe that you will not give priority to litigation to curb me - I Feng someone's reputation in the legal profession, I believe that your lawyer team will not be happy to touch it more. ”

"You can't say that, a lawsuit also depends on the dry goods at hand, no matter how good your eloquence is, no matter how great your ability is, you can't turn over the ironclad evidence. Gu Yong reminded him neither humbly nor arrogantly, perhaps because he didn't understand Feng Jianxiong's specific countermeasures, and wanted to knock and knock first.

Feng Jianxiong smiled slightly, not in a hurry: "You misunderstood me, of course I didn't mean that I could reverse right and wrong - I mean, I have a better way, let's cooperate for a win-win situation and carve up the market together." ”

General Gu Yong did not show weakness, and said with a proud smile: "Why do you carve up the market with me? The quality of your users is really high, which I didn't expect." But your funds have not been as abundant as mine, and they will not be in the future. ”

The gap in user conversion rate is so big, Gu Yongjiang really didn't expect it before.

At least, he didn't expect it to be so much worse - originally, he thought that at most twice as high would be about the same

It wasn't until Station N announced the third-quarter financial report that he woke up completely with first-hand information and had first-hand information.

Feng Jianxiong, the chicken thief, has done a good job of secrecy.

Faced with the arrogance of General Gu Yong, Feng Jianxiong was completely unimpressed.

"In a fast-growing market, there's no value in a temporary lead in terms of user volume and data — if a piece of cake is currently the size of an orange, anyone can predict that it will rise to the size of a watermelon in a few years."

At this point, does it make sense for you to take half an orange or a quarter of an orange in the age of oranges? By the time the cake becomes the size of a watermelon, the original difference of a quarter of an orange is already insignificant. ”

At this time, the two sides compare whose business model is correct and whose long-term customer acquisition efficiency is higher.

In 2010, there were less than 200 million people watching videos online in China (the users of station N and Youku overlapped, and it was not a pattern of choosing sides.) The online video business is very different from social networks in that there is no exclusivity), and there is still room for growth of seven or eight times in the future.

Right now, you have 50 million more than me, are you very proud?

"Of course, data can't represent everything, but if you get rid of data talk, you will become a PPT seller. Gu Yong said without a trace.

However, it can also be seen from the wording that the confrontation from this angle has been stopped for the time being.

"Let's say something constructive, I dare to tell you to divide the market, of course I came prepared. Feng Jianxiong just captured the calm side of the other party's tone, and changed the topic in time,

"We have a reciprocal 'content infringement improvement timetable' for each other. It is agreed that the content of the website will be fully legalized within a few years. During this period, even if the infringement is not completely eliminated, as long as the scope is within the schedule, we agree not to prosecute/send letters to each other.

In addition, we can join forces to strictly prosecute other colleagues who do not accept this timetable, and mediate the forces of the relevant departments to jointly cull them. What do you think. ”

Gu Yong frowned slightly, and reacted for a while before he completely figured out Feng Jianxiong's original intention.

Gu Yongjiang's business can be so big, and of course he is also a pragmatist.

Pure idealists have long been on the streets.

Therefore, he also knows that "legalization work" is definitely not achieved overnight.

If you have a schedule, agree on conditions such as:

"Within a year, the scope of infringement will be narrowed down to domestic films that must be taken off the market before releasing resources on the Internet. ”

"Within two years, domestic films are not allowed to appear infringing resources on the Internet, and no matter how long it expires, you have to ask the producer to buy the copyright. Imported films must be taken off the file before they have infringing resources. ”

"Within three years, variety shows must be authorized. ”

"Within five years, even TVB medieval dramas must buy the copyright before they can be released. ”

Then, it must be in favor of industry norms.

Moreover, there must be great interests in the formulation and leadership of this agreement.

Because they can define what is illegal first and what is illegal later, according to their own business characteristics.

But here's the problem.

Why did Feng Jianxiong say that he could lead this matter so loudly?

Gu Yong will know that the other party is capable in the legal profession, but these understandings are still not enough to support him to believe all this.

Feng Jianxiong was not in a hurry, so he persuaded step by step, starting with the "general trend of the world".

"Since the beginning of 09, domestic demand has been sluggish, and the state's support for the film industry and legal support for legalization have been obvious. Now the revenue growth of the film market is more than 50% every year, which is terrible enough. Seeing the long-term pull prospect of the content industry on GDP data, and the tightening of the country's industrial policy in recent years, Boss Gu should also be obvious to all. ”

It's not that China doesn't protect intellectual property rights, it's just that when most of the intellectual property rights on the market are created by foreigners, they just turn a blind eye.

In the final analysis, it is still profit-driven.

If one day there is something valuable on the market, it will be uncomfortable not to read it;

or patents that can't be bypassed and won't be used if they don't use it;

These things are all when Chinese and Chinese companies are in the mainstream.

The government is stupid to not protect it.

The desert in the early years of the cultural industry is nothing more than the country feeling that "this broken industry has a good protection, stupid people's weak ability to appreciate it, and it is not that they will only pay for the stunt shots of American blockbusters, forget it, it will not be protected~"

This truth is too vulgar, so Gu Yong will understand it when he listens to it.

However, Feng Jianxiong's rhetoric clearly does more than that.

He immediately added another high-level perspective.

"Our country joined TO at the beginning of the century, and in 2016, it will be 15 years old. According to the terms of the original negotiation of TO, in the first 15 years of entry, Europe and the United States recognized China as a 'non-market economy country treatment'. However, after the expiration of the period, it will be transferred to the treatment of a market economy country.

The legal details in this, I don't think you will be interested in Boss Gu. I'm going to put it in a nutshell - in the period of treatment as a non-market economy country, our country can count on the 'universal principle' to solve many problems. However, in the period of treatment of market economy countries, the 'principle of universal benefit' is not so open, and it is necessary to pay attention to the 'principle of reciprocity' and reciprocal. ”

Feng Jianxiong specially said an English word here, of course, not because he wanted to drag a foreign fart, but because this place had to say it to make people understand.

In fact, with Gu Yongjiang's early academic qualifications in the United States, there is no problem with Feng Jianxiong speaking English.

The word "reciprocal", in the context of TO, must strictly be translated as "the principle of reciprocity".

In the original TO clause, the original word describing "treatment of a country with a market economy" is "Reciprocal &Mutual-advantages" (reciprocal and mutually beneficial)

The original word to describe "non-market economy country treatment" is "mutual-benefits"

Feng Jianxiong speaks English, emphasizing the difference.

Although, China's judicial English translation has always been scummy, so I haven't realized the difference for more than ten years.

If you don't believe it, you can also verify it on the spot: even in 2018, go to Baidu Translate on the Internet, or even Google Translate, and choose English to Chinese, no matter which one, enter "reciprocal" into it, and still translate it into "reciprocity", and you can't see any difference with "Mutual-benefits".

But in English, it's a big difference.

Just as people who are well versed in law know the word "Considerration", when describing the judiciary in civil law and common law countries, it must be translated as "agreement" on the one hand (for example, when translating German law, the word must be translated as "agreement") and "consideration" on the other (when translating American law, this word must be translated as "consideration")

The principle of "mutual-benefits" pays attention to "everyone has mutual benefits in international trade, and the total amount is about the same, so you can sit down and talk, exchange quotas, reciprocal tariffs, how to ......

The details are too cumbersome, and it can be understood with a simple example: for example, before 2015, every time China was accused by the United States of unfavorable intellectual property protection, the people in the Ministry of Commerce said: You see, your corn and soybeans in the United States are unsalable again, and Boeing planes have no advantage in the competition with Airbus.

We promised not to oppose GMO in the field of soybean oil, and we will buy you more corn, and you use this condition to convince the senators of the seven states of DEEP-SOUTH that we will let go of the intellectual property issue in the vote. Then, our state-run airlines used administrative guidance to buy more Boeing than Airbus, and the matter was over.

When China was considered a "non-market economy", this trick was used all year round, and it took 15 years to do so.

However, once the time has passed, China is determined to be a market economy country, and there is no "non-market economy country treatment" as an umbrella ("non-market economy country treatment" is good, it is a kind of waiting, which can ensure that you will not be punished by the international community when you are not very standardized, and you can pay "protection money" to accommodate).

"Reciprocal", that is, the principle of reciprocity, is about "what step you have achieved in this market field, then I have to do it, so that everyone can trade freely with each other".

Therefore, theoretically, starting in 2016, China will no longer want to play with Europe and the United States, "although I infringed on your intellectual property rights, I promised to buy more of your soybeans, corn, and planes, and compensate you in money".

At this time, the United States can say: Look, your Chinese oil market is monopolized, and only three barrels of oil are allowed to operate. Therefore, the economic strength of the three barrels of oil is so strong, which is the result of subsidies and monopolies by state-owned enterprises. Therefore, the U.S. government can veto companies with three barrels of oil capital background to buy U.S.-funded oil companies and lay out the U.S. shale gas industry.

You see, your telecommunications sector in China is subject to access restrictions, and only the three major operators of China Mobile Unicom and China Telecom are restricted. Therefore, your network-side communication equipment suppliers, Huawei and ZTE, are not pure market economy entities, and must be supported by policy support, tax subsidies, state-owned enterprise subsidies, and national orders...... and so on of "undue advantage".

And the U.S. telecommunications market is open to access, even the largest AT&T...... So, Cisco (now dead) and Motorola in the United States are not protected by government orders. Therefore, Huawei's ZTE entry into the U.S. market has all kinds of problems that violate the principle of "Reciprocal reciprocity".

(Note: This has nothing to do with the recent ZTE case, which was caused by the 2016 violation of the ban commitment to export ZTE products using Qualcomm chips to Iran.) In the export contract between the U.S. Department of Commerce and Qualcomm, it was written that "the transferred products using this chip technology shall not be sold to some dictatorial/sanctioned countries by the United States", and ZTE also promised, so this matter is indeed ZTE's breach of contract.

However, the reason why ZTE can win sympathy this time is because they feel that "there is no double punishment", and they have already paid a fine of 700 million US dollars after the incident in 2016, admitting that it was wrong. Donald punished again this time on the grounds that "ZTE did not punish the party who made the decision to sell contraband to Iran that year as promised", and ZTE believes that this is just a "management negligence" and should give them another opportunity to pay the fine and admit their mistakes, rather than directly "banning sales".

However, it can also be seen from this case that ZTE's original violation of the ban occurred in early 2016 - this is the time when China's treatment of the United States has shifted from "non-market economy treatment countries in the 15 years before joining TO" to "market economy country treatment".

In fact, ZTE has been doing this for more than ten years as a totalitarian state like Iran sells high-tech products banned by the United States. It's just that when China is still under the umbrella of a "non-market economy country", after this kind of thing is done, it only needs to pay a fine, and then the Ministry of Commerce comes forward to buy some soybeans and Boeing planes. After the "non-market economy country treatment" is gone, the way to rely on soybeans and airplanes to pay for the illegal activities of telecommunications companies will be blocked).

In a word, under the principle of "reciprocity", PY transactions with a total price across industries are not allowed, but must be the same degree of marketization on both sides of each industry in order to be free of any restrictions.

As long as you are not as open as another country in a certain industry, the other country can sanction the international trade of this industry on the grounds that "you are not a market economy in this industry enough".

Feng Jianxiong said so much, it was nothing more than a wake-up call to General Gu Yong: The country is not stupid, knowing this. Therefore, on the issue of "infringement of intellectual property rights", such a thing as "not in line with international standards" will be done in 2015 at most.

If it is still so chaotic after 2015, then China's entire export and foreign trade will not be mixed.

"At the same time, these things can't be achieved overnight. If we want to achieve comprehensive protection in all fields, then some industries that are easy to pilot and easy to manage will definitely achieve full legalization two or three years ahead of the country's overall progress.

In 2015, the whole industry will be legalized, and the film and television resources will be fully legalized in 2013, shouldn't it?"

(Note: The online text is not fully genuine, mainly because the online text industry is almost only in China, so there is no protection and there is no problem of international trade and "unequal market economy status".) Unless one day Americans also begin to write online articles to make money, and are infringed by Chinese and negotiated by the Ministry of Foreign Affairs and Commerce, then it is estimated that the country will also pay attention to this issue. ）

Feng Jianxiong said as he spoke, and threw out a heavy idea in a silent place.

General Gu Yong finally had some intentions.

"Is the country really so determined?"

"Of course," it was finally Feng Jianxiong's turn to be proud, "Moreover, I can push and control the rhythm of this matter." ”

Gu Yongjiang was incredulous for a while: "Just kidding, I know that you are very energetic in the judicial field." However, this kind of major matter, which involves legislation, must be resolved by a meeting of the National People's Congress, and how many people can you mediate? You are not even a representative of the National People's Congress? ”

"No, it's not as complicated as you think, you don't need a labor legislature, you can solve it with the judiciary alone – what we need is not a new Copyright Law, but a reinterpretation of Article 22 of the Copyright Law. As long as the Ministry of Commerce/Ministry of Culture reaches a consensus, and then says hello to the people from the Supreme People's Court's Legal Interpretation Office and holds a symposium, this will be done. ”

Article 22 of the Copyright Act...... Oh, you mean the 'fair use of copyright' clause, right?" Gu Yong thought for a while, but he could still remember.

It is also thanks to him, a person who does not study the Fa, who can remember this article, which is really caused by years of obscenity in the industry.

After all, people who engage in any cultural content industry in China can be said to have been playing with this article all their lives, seeing how to play the side game.