Chapter 62 Complaint and Reply (Request Collection)

Zhao Wei is also drunk, indeed as Wu Fei said, he created "Rolling Yangtze River East Passing Water" for "New Three Kingdoms" as the theme song, and only got a total of 300,000 yuan of Huaxia coins, but now this old man surnamed Wu actually opened his mouth to claim 16 million yuan, isn't this!?

Seeing this bad news, Zhao Wei was not in the mood to play League of Legends, so he said hello to the dormitory brothers, and left in a bad mood.

Back in the bedroom of the family room, Zhao Wei was in no mood to do anything else at this time, so he simply turned on the computer and watched the TV series of Xiangdao TVB, so he adjusted his mood, and while watching this TV series with a strong breath of life, he opened a bag of sunflower seeds and knocked it.

After Zhao Wei watched three episodes of TVB's TV series, the bag of melon seeds in his hand also went into his stomach, and the effect was of course very significant, and his mood was really not as depressed as before.

"The rolling Yangtze River is passing away, and the waves are sweeping away the heroes......"

Just when Zhao Wei felt a little thirsty and was about to stand up and pour a glass of water to drink, the mobile phone he put on the table rang, and when he picked it up, it was a call from Zhao's mother.

"Hey, Mom, what's the matter with calling me so late?" Zhao Wei yawned and asked.

"Hey, Xiaowei, your uncle called me tonight, saying that he saw a news related to you on the Internet, saying that someone sued you for plagiarizing his songs and wanted to claim 16 million yuan? Is there such a thing? Zhao's mother's voice on the phone looked a little anxious.

Zhao Wei said calmly: "Yes, Mom, you don't have to worry, I can handle this matter." ”

"You transferred 200,000 yuan to me and your father last time, plus we still have a deposit of 100,000 yuan, let's directly return the 300,000 yuan we got from the crew of "New Three Kingdoms", and take back the song, okay? No one else should be able to sue you. "Mama Zhao proposed a good solution that seemed to be perfect to solve the problem.

Zhao Wei was a little crying and laughing, and said, "Mom, how can this be!?" I'll take care of this, don't worry! ”

Zhao's father's voice came from the other end of the phone: "I just said that you don't worry, our son is already an adult, and he can handle it." ”

"Can I not be in a hurry? Someone else asked for 16 million yuan!! Don't be afraid of 10,000, just in case! If you lose, you sue me, what can you pay for!? Zhao's mother was on the other end of the phone, a little anxious and said.

Zhao Wei continued to comfort with kind words: "Mom, your son and I have never plagiarized that old man Wu's "Voice of China" at all, you can pat your chest and say that this lawsuit is 100% impossible to lose!" I'll send that song to your phone later, and you'll know when you listen to it. Well, it's not too early today, so let's do it first, bye-bye. ”

……

Two days later, on Friday morning this week, Zhao Wei received a copy of the complaint from the Shanyang City Intermediate Court.

Zhao Wei sat on the stool and looked at it carefully.

Indictment

Plaintiff: Wu Zhenhua, male, Han nationality, born on November 11, 1950, ID card address is No. 222, Building 2, Golden Flower Garden, No. 22, Xinhua South Road, Jiefang District, Shanyang City, Henan Province, and his current address is his ID card address

Defendant: Zhao Wei, male, Miao nationality, born on August 8, 1992, ID card address is No. 666, Building 6, Zhonghai International, No. 66, Jinmi Road, Tangdu Town, Baoqing County, Hunan Province, and current address is Room 306, Building 6, Boys' Apartment, Kyoto Film Academy, Kyoto City

Litigation Claims

1. It is requested that the defendant be ordered to pay the plaintiff a total of 16 million yuan for mental and economic losses.

2. All litigation costs in this case shall be paid by the defendant.

Facts & Reasons

In 2003, the plaintiff publicly published the original song "The Voice of China" on the Xinglang blog, and after repeatedly comparing and distinguishing it with the defendant's "Rolling Yangtze River East Passing Water" composed and published in 2012, it was found that the melodic tones of the various phrases of the song "Rolling Yangtze River East Passing Water" and "The Voice of China" had common or identical musical words, that is, the consistency of the sound (high) symbol set, and the musical structure level of the second song (the connection between the phrases and the phrases), which were basically in step with each other from beginning to end.

The defendant's "Rolling Yangtze River East Passing Water" Qu Yan zhòng plagiarized and plagiarized the plaintiff's "Voice of China" song, which is basically unchanged.

In view of the above facts, the defendant's conduct has seriously infringed upon the plaintiff's legitimate copyright rights, and in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China, I submit the above litigation request to your court, and I hope that your court will make a fair judgment in accordance with the law.

Sincerely

Shanyang Intermediate People's Court

Person: Wu Zhenhua

April 16, 2012

Annex:

1. A copy of the complaint

2. Audio-visual materials of "Voice of China".

3. Comparison of the syllables and phrases of the two pieces of "Rolling Yangtze River East Passing Water" and "Voice of China".

In the text of the courier, Zhao Wei also saw a notice stamped with the seal of the Shanyang Intermediate People's Court.

The content of the notice is also very brief, with only the following two sentences.

"The defendant shall file a reply within fifteen days from the date of receipt."

"The reply shall indicate the defendant's name, gender, age, ethnicity, occupation, place of work, residence, and contact information."

After reading it, Zhao Wei touched his chin and looked down for a while before opening his laptop and creating a new document called "Reply" on the desktop.

However, Zhao Wei was not too clear about the specific format of the reply, so he immediately opened the search engine, typed in the "reply template", downloaded a template format, and filled in the content of the reply.

Reply

Respondent: Zhao Wei, male, Miao nationality, born on August 8, 1992, student, currently studying at the directing department of Kyoto Film Academy

Address: Room 306, Building 6, Kyoto Film Academy, Kyoto City

Contact: 15876543210

Respondent: Wu Zhenhua, male, Han nationality, born on November 11, 1950, address is No. 222, Building 2, Golden Flower Garden, No. 22, Xinhua South Road, Liberation District, Shanyang City, Henan Province

The Respondent made the following specific defenses in relation to the Respondent's litigation of rights in musical works:

1. Before composing the song "Rolling Yangtze River East Passing Water", the respondent had never heard the song "The Voice of China", which was not well-known and extremely niche.

2. The Respondent's "Rolling Yangtze River East Passing Water" has no resemblance to the Respondent's "Voice of China" in terms of melody or genre style. What's more, the respondent's works far exceed the respondent's works in terms of artistic height, so will the champion plagiarize Xiucai's article?!

3. The lyrics and music of "Rolling Yangtze River East Passing Water" created by the Respondent received a total salary of 300,000 yuan from the crew of "New Three Kingdoms", and the compensation amount of 16 million yuan demanded by the respondent is pure nonsense!

In summary, the respondent believed that the respondent's lawsuit lacked factual and legal basis, and requested the court to dismiss its claim in accordance with the law.

Sincerely

Shanyang Intermediate People's Court

Respondent: Zhao Wei

April 27, 2012

Annex:

1. One copy of the reply

2. The audio-visual text of "Rolling Yangtze River East Passing Water" jiàn

A copy of the complaint will be delivered to the defendant by courier, and similarly, a copy of the reply will be delivered to the plaintiff.

Hehe, I believe that after reading the copy of the reply written by his buddy, Old Man Wu should have an explosive mood, right?

Zhao Wei wrote the date of the final payment as April 27, that is, he is ready to express it out on Friday next week, anyway, there is half a month, and it is still early!

(Author's small plea: The new book of the newcomer of the pen fun pavilion www.biquge.info Chinese network, rolling all over the ground with all kinds of requests!) "Ask for recommendations", "ask for favorites", "ask for clicks", "ask for rewards"! )

(The author's special thanks: Thank you for the tips of the book friends "Shili Lipu" and "MAX-KuGa"!) )