Chapter 62: Off-the-Field Settlement?

Half a month later.

In Qiantang in late October, the first hint of cool autumn finally returned to this land.

"I hereby award Mr. Ma Huateng the ...... of the 'Software Copyright Undefended Enterprise Atmosphere Award'"

Gu Mojie was in his office, playing with a pennant with a bad taste, with a smug smile on his face.

The so-called pennant is naturally a joke, and this thing can only be used for fun.

But speaking from the bottom of his heart, this time, Gu Mojie is really grateful to a large number of Chinese software companies led by Ma Huateng, who have been destroying people tirelessly, and it is they who have shaped the image of their domestic counterparts in the international arena into a "always imitating and never defending" appearance, which made Gu Mojie pick up the leaks.

(Note: No defense means that no hidden pit is dug in the code, not that the copyright is not declared.) )

BANDAI's wholly-owned subsidiary, the producer of today's hottest anime "Lelouch the Rebellious", Sunrise Animation Company, really accidentally fell for it.

Accustomed to the fact that Chinese software companies generally do not know how to dig holes in copyright-declared software, they used some of Hatsune's proprietary modeling engines to tinker with them for animation without authorization.

So, he stepped into the pit dug by Fei Liluo who was under pressure and was said behind her back to "rely on the boss's favor and waste the company's resources". And after just half a month of open investigation and secret visits, appeal notarization, Hatsune has already seized some circumstantial evidence.

……

Kenji Tsukahara, the president of the Sunrise Society, shivered like Parkinson's and took off his black-rimmed glasses, then slammed the pencil in his hand on the paper on the table, and roared: "Yaga! (A certain empty ear: Why isn't it "angry couples?") ”)

"How much does it cost to buy a license? You say, how much money can you have! Up to 10 million yen. If you have to be greedy for this little bargain, what will be the result? Taking a step back, even if we are reluctant to buy a license, we can spend more art costs ourselves, and don't use engines or use public engines to do pseudo-3D, what's the matter? You have to play this little trick! ”

Opposite Kenji Tsukahara, there were several middle-aged people who didn't dare to lift their heads, some from the legal department, some from the planning department, one by one who were sprayed with spittle, and they didn't dare to come out.

"Hey! President, it's all my fault. I am willing to take the blame and take responsibility. It's all to blame for underestimating Chinese companies, originally they never did this kind of defensive digging in the code, I was careless. Seio Yamaguchi, the director of the planning department, blamed himself in pain, and bowed and almost slammed into Kenji Tsukahara's desk.

Kosuke Kashima, the director of the legal department next to him, was a little relieved to see that his colleagues had taken the main responsibility very responsibly. Who knew that Kenji Tsukahara had no intention of letting him go.

"Kashima-kun, don't think it's none of your business! A competent legal department does not just mention the significance of risks when it catches something. If you look at the work of your department, when did you classify the risk of potential suppliers or infringers? The company supports you, not so that you are not allowed to do anything illegal by the company, but to analyze your specific situation:

Whoever is a soft persimmon, who is a hard stubble, who is unprofessional, even if he infringes on his rights, he can't toss the wind and waves - these are your jobs. Now look at the good things you've done! I only see that when you face Gu Mojiesang, the risk rating is exactly the same as when you face Ma Hua Tengsang! The legal advice is exactly the same! I didn't see that Gu Mojiesang was more dangerous than his peers, this is the dereliction of duty of your legal department! ”

Kosuke Kashima was also scolded so much that he couldn't raise his head, and he didn't have the courage to refute at all.

Because Kenji Tsukahara is right.

Just like a good financial director, if he only knows how to do the accounting according to the rules and regulations of the company, then who is willing to raise this kind of pig-like waste wood except for the boss of a state-owned enterprise?

A good finance, of course, must be able to help the company reasonably avoid taxes, and even evade taxes. It's just that it is necessary to assess the different risk levels of various tax evasion details, and then steal the part of the tax that is the most hidden and least easy to be investigated.

A good general counsel is by no means used to make the company do business in accordance with the law and contract for everything—the kind of thing that law students who have just graduated from graduate school and have no social experience can do.

The duty of a good legal counsel is to identify who is a soft persimmon, you can pinch it, squeeze it, and it will not be a big problem if you infringe on your rights. Kosuke Kashima didn't see the word "more" that Gu Mojie was more dangerous than his other Chinese counterparts, and he deserved to be scolded.

Kenji Tsukahara vented, and his feelings stabilized slightly, and he began to look farther away, looking forward, and looking for a solution to the current situation first.

"On the Chinese side, they have never exposed the matter, right?"

Listening to Kenji Tsukahara's question, Kosuke Kashima, who had just recovered his breath, immediately replied very simply:

"Yes, there is no exposure, according to our analysis, even if Gu Mojie sues, compensates according to the authorization fee, or actually compensates according to the infringed loss, the money he can get will not be 1 million yuan. Gu Mojie definitely doesn't look down on this little money. They had previously applied for a series of evidence preservation measures from China's judiciary-law-system, and they should have grasped the circumstantial evidence and seized the initiative first, which should have been just to negotiate the conditions for an off-site settlement with us. ”

Kenji Tsukahara nodded slightly: "I think so too, this kind of trivial matter, it doesn't do them much good if they tear their faces." The biggest possibility is the damage to the goodwill of our company, as well as the setback in the growth of intangible assets such as IP brand value in the promotion process of the currently popular "Rebellious Lelouch". So the Chinese definitely want to threaten us and talk about cooperation. ”

The three of them were silent for a long time, and Tsukahara seemed to have made a decision, let out a long sigh, and ordered: "Let's go to contact first, and show that we are willing to sit down and talk and see what conditions the Chinese offer." ”

Kosuke Kashima got the order, so he went to arrange it.

Sunrise Society's is not worth much, to put it bluntly.

Just like many consumer infringement cases, if the lawsuit is actually based on the consumer's loss, the consumer will not get much compensation. However, in reality, there are many consumers who have successfully obtained compensation several times higher than their own losses, mainly because the manufacturer does not want to make a big deal and does not want the public to discover the risk of its product quality, so it spends more money to protect its goodwill.

This is the case with the Sunrise Society. In fact, it can't accompany much if it makes a big fuss, but the IP value promotion of "Rebellious Lelouch" is more or less damaged.

Some laymen may think: since this is a masterpiece that can win the "Best Anime of the Year in Japan" for two consecutive years, wouldn't it be better if the Sunrise Club had put the fence a little tighter and left fewer holes for people?

This statement is purely for the layman. Just like Xiao Baiwen on the theme of copying, I think that the masterpiece of the great god is popular in this time and space, and it must be popular if it is plagiarized in a different time and space - in fact, people in the cultural and creative circle know that whether the work itself is good or not can only account for 20% of the determining factors in the question of "whether it is popular in the end".

The remaining eighty percent is to look at the operation, the hype, the capital support, and the luck - just like you can do as well as Ma Feng and run an e-commerce business, but you can't guarantee that at the same point in time as Ma Feng, you will meet Son Masayoshi and give you 20 million US dollars in venture capital.

At a certain point, as long as it is a routine and can be imitated, there are dozens of times the number of spare tires behind it that can be replaced, and the level is similar. Whoever is popular and who is not popular, the channel is king, not the content is king (of course, the content must be there, at least it can't be rotten). Whoever listens to the channel has the possibility of fire; Whoever doesn't obey can be swapped out like the parts in "Girls' Generation" or "AKB48".

Sunrise Club also has to bet on many films every year, and before the release and inspection for a period of time, the people of Sunrise Club didn't know that "Rebellious Lelouch" would be popular. Therefore, where infringement can save costs, it is natural that there will be more or less marginal balls.

It's just that the edge ball of this blow just hit the pit, that's all.

Kosuke Kashima talked for two days, and came back to Kenji Tsukahara in a disgraced manner to report his current basic intentions.

"Hatsune Entertainment didn't want to talk to us alone."

"And what do they want?"

"They said they could not pursue our infringement, and even gave us a license agreement that allowed us to use the two generations of 3D engines that Hatsune had already launched for free for use in other 3D anime produced by our company in the future. Their request is to bring BANDAI in and conduct tripartite negotiations. As for what they will ask for BANDAI, they have not made it clear at the moment, but I have knocked on the side, probably to talk about mutual empowerment. ”

Kenji Tsukahara suddenly felt a little tricky.

Sunrise is a wholly-owned subsidiary of BANDAI, legally speaking, Sunrise does what Sunrise does and Sunrise personally comes forward to take responsibility, how can there be any reason to involve BANDAI?

But if you don't agree, you will face a big problem. And "Rebellious Lelouch" is becoming more and more popular as the broadcast deepens. If this drags on for longer, the more valuable the chips in the hands of the Chinese will be.

Threatening to smear a film that has been watched by 30 million people is, of course, more deterrent than threatening to smear a film that is only watched by 10 million people.

It has to be decided on the spot.

Anyway, let's ask the parent company for what it means, anyway, Hatsune has also made a promise: it is just to talk to BANDAI and Sunrise about mutual licensing for mutual benefit, and will not let BANDAI and Sunrise directly pay a single cash.

Kenji Tsukahara estimates that what the Chinese want may be conditions such as "Hatsune allows BANDAI and Sunrise to use Hatsune's engine, and BANDAI allows Hatsune to use BANDAI's anime character IP to develop fanworks or free online broadcast rights".

Article 2 makes no difference between authorization and non-authorization. Because according to Chinese law, the Chinese retain Article 8 in the WCT framework convention. Therefore, many Japanese comics are illegal publications and are not protected by law at all in the mainland. "Pirated illegal publications" are not considered piracy in China.

Therefore, even if BANDAI does not authorize, it will not be able to make much money in this area.

Kenji Tsukahara felt that the parent company still had a relatively high probability of agreeing to the three-party negotiation, so he tried to communicate. (To be continued.) )