A week later, the highest authorities.

In the case between Hatsune Network and Sohu and other companies, the process of jurisdictional objection was submitted to the final link so quickly.

Don't look at it as just a jurisdictional objection, it seems to be very easy. This involves joinder objections, jurisdictional objections, objection rejections, and jurisdictional appeals...... A large number of complicated judicial links are not a matter of two words.

According to the procedure, Sohu was unwilling to be subject to the jurisdiction of the Qiantang Intermediate People's Court, and first had to seek direct objections from the Qiantang Intermediate People's Court, and only after it was rejected could it look for "the court that the defendant believes has actual jurisdiction and the court that currently accepts the appeal, and it is a step-by-step appeal".

Such a big bunch of things, usually even two months may not be able to do it, but now it is actually a week, which is already a spike speed in your circle.

I have to sigh that the yamen of the dynasty is still very efficient in handling certain issues.

The reason for this is that the subject matter of the case in the indictment is filled in too high.

Laymen who do not understand the law, when they see the excitement in the judicial circle, often wonder: why are there so many ordinary small cases with sky-high claims in the indictment. In a personal case where the total loss of physical property and medical expenses is only tens of thousands of yuan, the "mental damage fee" dares to open up several million.

Could it be that these prosecutors are too laymen to know that the actual sentence for the mental damages of the country and the dynasty does not exceed 5,000 yuan?

The over-judgment of domestic mental damages is not completely without classic cases. For example, if there is a medical malpractice dispute, the name will not be reported. After appealing, the victim finally made an exception and received a full 60,000 yuan for mental damages. However, that guy was more bitter, because he was misdiagnosed by the doctor as the cancer below, and it was cut into TJ, so he did a special job. If it was another organ that was mistakenly cut, where could you get 60,000 spiritual losses. (Disability compensation and moral loss are separated)

Are the parties stupid? Obviously, in the end, he could only get a case of 1 million. Do you have to write a 100 million prosecution amount to toss?

No, no, no. The key here is the calculation of litigation costs in the procedural law.

Costs are calculated on the basis of the amount of the subject matter of the claim as written in the indictment. If you write 100 million, even if it is actually only 1 million in the end, then the litigation fee will be charged according to the case of 100 million.

The prosecution sometimes chooses this reasonable means and takes the initiative to send dozens of times more litigation fees to the court in exchange for the court's various processes running faster. Cases that were originally legally allowed to take one year to be concluded. If your litigation costs are dozens of times higher, there is a great possibility that the court will "give full play to your subjective initiative" and conclude the trial for you in three or four months.

……

"The case accepted a week ago, the jurisdictional appeal will hit our relevant departments? Tsk, this efficiency. ”

Several relevant personnel from the relevant departments formed a review committee and looked at the materials of the appeals of both sides. Immediately, several people were in high spirits and slightly surprised. looked at the amount and the lawsuit again, and immediately showed an unfathomable expression of "I understand":

"Tsk. In the case of millions of litigation fees, it is no wonder that the local courts in Beijing and Qiantang have rushed to handle it, and not only the original defendant and the defendant have dispatched mediation forces, but even the courts have attached their appeal opinions step by step. ”

Several of the people concerned continued to cheer up and read the opinions of both sides. Immediately, according to the depth of business capabilities, differences of opinion appeared.

A rookie who has just been in the industry for a few years, a newcomer who has only graduated with a doctorate in law for five years. Look at the material and see it the fastest, after scanning. wanted to show off his credit, so he was the first to ask:

"Leader, I think the objection raised by this Sohu company is reasonable. In this case, there are so many defendants, although they all committed the same kind of infringement against Hatsune. However, these abuses were still committed independently and without collusion. Hatsune was obviously flawed in forcibly combining these claims into cases. ”

The leader is an old man in his fifties, and his eyes are not very good. I didn't see it quickly, squinted my eyes, took off my reading glasses, rubbed the bridge of my nose, and swept around my subordinates. Then ask, "What about everyone's opinion?" ”

Another person from Huaqing University, who was a few years older, looked at it carefully for a while and put forward his own opinions.

This Huaqing guy also studied law with a master's degree and a doctorate, but he studied applied mathematics as an undergraduate, and he is a law student with science characteristics. In the legal community, there are many lawyers and judges who do not study law as an undergraduate, but we have to admit that in some complex professional cases, the vision of these people can often make them more acute than their peers who have studied law all the way.

"Leader, I think it's very clear that Hatsune Network forcibly joined the case to prosecute, which makes sense. This is because although these infringers have committed the same acts of piracy, their behavior patterns are different.

Among them, several major and large-scale defendants, such as Sohu Video, purely used the audio-visual materials copyrighted by Hatsune Network. There are also some of the parties who are sued who are collaborators of Hatsune Network, and the two parties have signed a 'video and game virtual item development sharing agreement'. Therefore, in this case, Sohu and those second-level defendants actually played the role of upstream and downstream collaborators in the infringement industry chain, rather than an absolute parallel relationship, and it is unreasonable to split the case. ”

The technical terminology is a bit twisted, but to translate it in human words, that is:

If two thieves enter a house on the same night and succeed, the court may try both thieves together. But if the thief objected, the court would have to accept it and try the two cases separately.

But if the two thieves cooperated, one let go of the lock and handed the knife, and the other burglarized; Or even if both of them have burglarized, but as long as they cooperate in unlocking; Even if the previous one did not close the door after the lock was opened, it created convenience for the latter, so it was impossible for the thief to object to the split of the case at this time.

The accomplices must be combined.

The liberal arts student at the University of Law obviously did not see clearly whether there was a logical basis for cooperation between the multiple defendants in this case.

Losing face in front of the leader, the liberal arts student of the University of Law immediately opened his mouth to question the Hua Qingjun: "How can it be said that there is cooperation here?" They are clearly separate infringers of the same kind. ”

Hua Qingjun smiled, pointed to a document, and said, "Do you know what engine use authorization is?" ”

The liberal arts student of the University of Law was dumbfounded, because he really did not have common sense of popular science.

What is an animation engine? What is B-level secondary development based on A-based technology licensing? I don't understand it at all! Brother only understands the law! Don't cheat me like this!

Seeing that the liberal arts students of the University of Law were silent for the time being, Hua Qingjun continued: "This case is different from the original Internet piracy and infringement. Because many leakers have used the anime engine developed by Hatsune Network, and have carried out secondary creations based on this engine and platform. Therefore, those authors do not have absolute independent copyright at the beginning, but only have a cooperative copyright.

This agreement should be provided by Hatsune Network, an agreement for cooperative developers, and when each developer clicks in, they have to click 'I agree' on this network agreement in order to proceed to the next step of animation production and model modeling, so I don't think there is the slightest problem with the jurisdiction and merger of this case. ”

Another colleague who is quite knowledgeable asked: "However, if there is an overlord clause that exempts oneself from the main obligations and excludes the main rights of the other party, can this kind of standard contract that only asks people click 'I agree' on the web page, can it be declared invalid?" ”

Hua Qingjun said calmly: "That's different, what we usually talk about is the overlord clause between consumers and service providers, which can be invalid." In this case, although it is only a network agreement that takes effect by clicking 'I agree', the two parties to the agreement are partners who work together and make money together. The two parties are equal, and naturally the analogy of protecting vulnerable groups such as consumers does not apply. ”

The leader nodded slightly.

Later, of course, there will be lengthy discussions, but the overall situation has been decided.

……

At the same time, Hatsune Company. In Gu Mojie's reception room, Fei Liluo was mobilizing other executives of the company for this case, so that the executives could use it in case they needed to face the media in the future.

Dressed in slim professional attire, Feliro seriverably pointed to the projector and said:

"From the very beginning, we laid it out. All developers who want to share videos and models and virtual items with us on Hatsune Utahime Games will need to click on a 'I agree' agreement.

This agreement not only stipulates the main terms of sales revenue of virtual items in Hatsune Singere Mall, such as 82 kai, but also limits the copyright of virtual items. All mods and all peripherals developed based on our products are secondary development after using our existing technology and platform, so developers can and can only upload them on our platform. They don't own the copyrights, and they don't have the right to license them to others, and they're just half-hired co-developers at Hatsune Corporation.

The same is true for Hatsune video. We have gone through a series of copyright operations, and all MMD videos on Chuyin Video can only be placed on Chuyin Video without exception, and there can be no other collaborators. If there is a leak of non-gun version of the original quality video, we can sue not only the website that included the video, but also the creator of the video - just pick a few to report, of course.

In this way, we can win the first battle first and make sure that we bring jurisdiction to home. Second, as long as we sue, we can apply for preservation measures in advance to reduce our losses - the power of this latter trick will soon be seen. ”

"Papapapa~"

A group of senior executives, led by COO Ye Weilun, applauded the design of the legal department.

Those self-media authors on Youku can upload their works to any video website. But a writer who has signed a contract at a certain point obviously can't do this with other stations, regardless of whether that other station is genuine and pirated.

And the writer of a certain point has not yet used the technology of a certain point to create. The MMD on the Hatsune video is a real use of Hatsune's engine.

A large net has been silently tightened more and more. (To be continued.) )