Chapter Ninety-Three: It's Not a Raid or a Raid
In an infringement case involving hundreds of millions of yuan, even if the lawsuit is won, the actual amount actually awarded in the end is mostly in the form of several million. The situation where the luck value is bursting, at best, is one or two million.
What's more, trial plus execution, it would be good to get the money in two years.
Therefore, there are lawsuits between Internet companies, and few people really expect to wait for the rice to be cooked by judging compensation, otherwise they would have starved to death.
The purpose of the lawsuit is more for off-the-court battles and to build momentum. It's like a duel between Go masters, even if you don't reach the official stage of fighting for the "field", you can at least grab the "external momentum" first.
After the battle of jurisdiction was decided, the next day, major domestic online media rushed to report the news of the battle between Hatsune Network and Sohu. With the IQ of ordinary public netizens, it is said that they cannot understand the meaning behind the jurisdiction dispute, but they cannot stand the media's in-depth interpretation.
As the topic heated up a bit, print and television media began to follow the story. In particular, after the Supreme Authority approved the objection and appeal submitted by the lower court, this case became a representative classic case that no one can ignore.
For a while, everyone seemed to have a vague feeling that Sohu seemed to have lost the first battle.
Of course, this is only an impression, not enough to shake the user habits of netizens. The vast majority of netizens don't care whether you pay attention to the loss or not, they only know that if there is piracy, they are mothers.
Hatsune's second move in combination punch was struck.
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Yang Fangfang is a reporter at Qianjiang Legal Daily, who has been in the company for more than three years and is 25 years old.
Three years ago, less than half a year after she joined the post, the Qianjiang Legal System Daily was inspected by Cardinal Qi, who had taken up the new post at that time, and this was the first time in the 15 years since the newspaper's founding that a cardinal from a provincial party committee personally visited the paper. Yang Fangfang at that time. Full of enthusiasm for work, I feel that I have caught up with the good times, and finally have a leader who attaches importance to the work of publicizing the legal system.
A few days ago. Since the online media hyped up the piracy and infringement lawsuit between Hatsune and Sohu, her "Qianjiang Legal Daily" was the first batch of print media to intervene and track it. As a prospective newcomer. Yang Fangfang has been holding back her energy, hoping to dig up fresh materials.
Not all reporters in legal newspapers like to squat in the office and wait for the press release.
Yesterday, she called Tiance Law Firm to make an appointment to interview Director Vivien Li, the lawyer entrusted by the plaintiff in this case, and her assistant Fei Liluo, and the law firm also agreed, obviously quite happy to have more probabilities of appearing on camera.
Yang Fangfang is neatly dressed. I took the materials and recording equipment and went to the law firm at the appointed time. The appointment time was in the afternoon, and she arrived after dinner, reported her identity, and was soon received politely.
The little girl at the front desk of the law firm poured tea for Yang Fangfang, served snacks, and said humbly: "Reporter Yang is really embarrassed, our Director Fei went to the Intermediate Court in the morning, and he should have come back at this time." However, it may be that there are some more troubles in the process review, so I have to ask you to wait. If you're busy. I had to make another appointment. β
"I'm not busy, I'll wait," Yang Fangfang hurriedly excused. On the other hand, it was also a professional gossip attack, and he immediately hit the snake and asked on the stick, "Director Fei, has there been any new progress?" β
The little girl at the front desk smiled awkwardly: "I'm sorry, I don't know about this." β
Although she didn't dig anything, Yang Fangfang was looking forward to it even more. Legal newspapers are all weekly or even semi-monthly, so the timeliness of the news is very poor, and it can only be read as a summary. Only the advantages of professionalism can make up for the competition with online media. And today happens to be two days away from this week's publication. If you find fresh and fierce information in the interview, you can sort it out again. There is still a lot to be done.
Drinking tea and eating snacks. It's an hour if you're not careful. Seeing that it was already more than two o'clock in the afternoon, Yang Fangfang was a little anxious, and the little sister at the front desk came over again and whispered a message to her:
"Reporter Yang, Director Fei just called back, saying that the business has been done, but there are some other small things that cannot be separated from the leaders of the Intermediate Academy, I hope you understand. However, she has already asked the assistant lawyer in this case to come back, can you talk to the assistant lawyer about the interview? β
Yang Fangfang knew that this was a normal situation, and hurriedly said: "The assistant lawyer is the same, as long as you understand the facts of the case." β
Two minutes later, Feliro entered the reception room. Yang Fangfang glanced at it, and her aura was immediately suppressed.
The girl on the other side has to have good looks and a figure, and she looks at least two or three years younger than her, and she can handle this kind of big case, she is really a winner in life.
Fei Liluo generously stretched out her hand and shook it, and said, "Hello Reporter Yang, it's a pleasure to meet you." My name is Fei Liluo, and I am the assistant lawyer in this case, and I have the same questions about the progress and interpretation of the case. β
Yang Fangfang heard the other party's surname, and naturally knew that the family was the second generation of lawyers, but the surprise was reduced by two points, and only the envy of the reincarnation of others remained.
Yang Fangfang first asked Fei Liluo's work experience, and Fei Liluo did not hide it, saying that this was the first case she handled after getting the certificate last month, and Yang Fangfang was even more emotional when she heard it.
"The tip lawyer is really young and promising, and he has just handled his first case in the industry, which is a big case that can be interpreted by the highest relevant department of labor.
The judicial interpretation looks very lofty. However, not all judicial interpretations need to be named in the red-headed style of "Several Issues Concerning the Application of Law in XXXX".
Theoretically, as long as the reply is made by the highest relevant department, it can be regarded as a judicial interpretation in a broad sense.
China is not a case law country, and it is unlikely that some cases will be repeatedly cited by later generations because of the classics. If the case wants to become famous, the only way is to let the controversy of the case be stirred up, and the academic and legal circles will pay attention to it, and finally lead to the highest relevant departments to give an explanation for this matter.
As for the case of Hatsune v. Sohu, why it could not be split and why it had to be merged, the relevant department at the highest level gave an explanation two days ago.
How many lawyers have struggled all their lives, just hoping that there are one and a half of the cases they have handled, which is enough to be qualified to give an explanation from the highest relevant department of labor, so it will be left in the legal history.
Feliro has only been in the industry for the first month, and she has done it.
Full of force.
Feliro was a little embarrassed. He humbly said, "That's nothing...... But by luck, I just happened to bump into it. Let's talk about the situation in the case. β
If these words are heard by other slinging lawyers who are struggling on the front line, I am afraid that they will all commit suicide by hitting the wall.
Yang Fangfang was also emotional. A winner in life like Felilo already belongs to "I don't want to be famous". Put away the emotion that people are more popular than dead people. Yang Fangfang asked: "So, let me tell you, is there any new measure for Director Fei to go to the Intermediate Court today?" β
Fei Liluo was obviously prepared, and replied with a straight look: "That's right, today we submitted an Application for Interjudicial Preservation Measures according to the client's request, which involves a part of the temporary preservation measures. The purpose is to prevent the continuation of existing infringements and the expansion of damage to our company in the course of litigation. β
Yang Fangfang is also quite studious, having been a legal reporter for three years, and knows a lot.
As far as she knows, the most common preservation measures in litigation are evidence preservation, and both parties have the right to request that certain evidence that is easily damaged and lost over time be identified, notarized, and retained. lest the original of half of the evidence be destroyed, and there will be nowhere to find it.
The second type of preservation is the preservation of interests and subject matter. For example, the subject property involved in a case is easy to be transferred or sold. Or if the fresh food will deteriorate after a long time, it can be preserved by the court before the right is confirmed.
What Feliro refers to is obviously the second type of preservation. It is to stop the infringement from continuing to expand during the litigation period.
However, how is the security between Internet companies done? Is it just for the website of the infringing party to remove all the pirated resources from the shelves? It won't be so simple, this kind of removal, there should be no need to apply, and the other party has already started to do it. It's just that while it is being taken off the shelves, there will be "unaware third-party netizens uploading" new pirated content to maintain the popularity of the website.
Yang Fangfang was curious. What novel preservation methods did Lawyer Fei use: "Can you tell us more about your measures?" β
"Our measure is that once we find it on Sohu Video and other video sites. If you find an MMD video of 'Hatsune Singer' in original art quality, we will suspend the payment of the share of the 'Hatsune Singer Mod Sharing Plan' for the original creator of these videos. to reduce our losses. β
Yang Fangfang didn't understand it at once, so Fei Liluo translated it for her in human language.
In other words, if an up owner posts his work on Sohu Video and eats advertising money at both ends, then his income on the Hatsune Network side will be frozen.
It's like a novel that monopolizes a contract at a certain point, if it is also uploaded on other genuine websites to get money, then of course you can close the book and deduct money at a certain point.
However, this trick is very risky when used in the video field, first of all, the traditional video up owners have no contract with the website, and they can send it wherever they want. Secondly, there is also a big problem of how to prove that the uploader on the pirated website is the author himself. If it is uploaded after piracy by a third party, it is the original creator who is punished, and it will not hurt the pond fish.
Yang Fangfang was shocked: "Won't this cause a bigger dispute?" How do you ensure that the infringing uploads are the work of the original creators? β
"Hatsune has a certain technical lock-in method for the original zuΓ² video, and the upload of game animations can be completed in the game. Moreover, the relevant operating procedures in accordance with the contract are stated in the game's sharing agreement. In short, I won't go into details, and you won't understand it. Anyway, unless it's a low-quality remake, we can define whether a leaked pirated resource belongs to the original creator himself. β
Yang Fangfang didn't care about these things that would make her head hear, she just wanted to dig up a conclusion: "So, has your application for preservation been supported by the Intermediate People's Court?" β
Feliro smiled smugly: "Before I return, our complaint has been resolved, and legally speaking, we can take preservation measures now." Of course, for the sake of safety, you can first draw up the manuscript and wait for the official release tomorrow before publishing it -- if I remember correctly, the Legal Newspaper is a weekly magazine, so there should be no need to rush too much. β
Hatsune also applied for preservation measures for some other details, but Yang Fangfang was already a little unable to digest them. She can only record blindly, and then go back and ask relevant people who understand technology to help her analyze it comprehensively.
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Two days later, a series of new reports shook the industry.
The application for interim measures in the lawsuit was circulated and the news was announced by the Qiantang City-Intermediate People's Court. It was soon reported. "Qianjiang Legal Daily" actually grabbed the headlines, and also wrote a full page of in-depth analysis, which really won a sigh of relief for the depressed paper media.
Hatsune Network is supported by the courts. Got rid of a part of the up owners who can clearly confirm the breach of contract in the Hatsune video and the Hatsune singer's share of income. Originally, it was set to divide the mod virtual item into eighty-two open, but now it has become ten open. All of those up have not yet been disbursed. All of them were unilaterally frozen by Hatsune.
There are also a series of small measures that are difficult to repeat, and they are also punched out like a combination of punches.
Sohu instigated other parties involved to immediately and violently appeal. Unfortunately, Sohu itself is not a relevant party in this matter, so there is nothing to do.
Moreover, in the course of the dispute, the interim measures can be continued.
There has been a massive shake in people's hearts. Many original creators who have uploaded anime and music works on Sohu Video have extinguished the idea of mixing advertising fees at both ends, and decided to avoid the limelight and remove the works on Sohu Video from the shelves. Only pure pirated low-quality remake videos remain. Still struggling there.
From Tengxun to Du Niang, various online media have reported on this matter, and the incident has been topped into the hot search keywords of ordinary netizens, and after it has been completely fermented, uncontrolled progress has appeared.
Ordinary netizens don't care which website they watch videos on, they just need to watch them quickly, smoothly and with good picture quality.
Originally, the technical fluency of Chuyin video is the best among domestic video websites, and the reason why many netizens still choose to watch those video content on both sides of Sohu is nothing more than to save trouble-
Because Sohu has more complete things, there are pirated blockbusters. And Hatsune Video has no pirated blockbusters. Therefore, Sohu is more suitable for the "one-stop" needs of netizens.
For netizens, simplicity and ease of use are the most important, and nothing is annoying. This is also the reason why 361 and Fuji Xun can be viralized later. Because as long as netizens have some needs that must be solved by you, they will form inertia, and even things that can be done anywhere, such as watching news and swiping forums, will also be brought to your home to do it.
Nowadays, the golden body of "Sohu video content is more comprehensive" has been broken, and the two sides have returned to a relative balance on the content side, plus the Chuyin video brand is older and the technology is better, so it will naturally get obvious inclined growth.
The balance is gradually being broken. Although the process is long.
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The comparison of the daily activity and traffic of the two video websites has produced violent fluctuations. The large number jΓΉ was quickly counted and sent to Gu Mojie by Lu Wenjun.
"I really didn't expect it. Such a pinch of preservation measures can have such a big impact on market confidence. Before the move, I only knew that this move would catch the opponent off guard, but I really didn't expect that I could achieve this kind of trick. β
When Lu Wenjun brought the report, he couldn't help but sigh with emotion. also cast a little admiring gaze at Ferylor beside Gu Mojie. In this matter, Fei Liluo did make a great contribution, and Lu Wenjun secretly competed there in his heart, and he failed to help his fiancΓ©.
Gu Mojie glanced at it and said calmly:
"I guess that's to be expected. The magic of our trick is that the layout is relatively early. What I did today is like burying a jar of silver in the backyard wall of someone else's house in advance, in fact, the property right of that jar of silver belongs to me, and I can dig it out whenever I want, no one can question it.
But I have been reluctant to dig until the enemy has leaked a flaw and we have applied for a search warrant, and then our people will enter the house and search the jar of silver at the same time dig up the jar of silver at the base of the courtyard wall -- so that, in the eyes of the layman who watches the bustle, a search will become a raid. The enemy wanted to argue that they had not lost, they had only been searched, not condemned, not raided, and of no use.
In the Internet market, the market value is virtual, and the key depends on market confidence. If we can make the market look favorably on us and not on the enemy, then it will gradually snowball and eventually an avalanche. User habits and public opinion orientation will gradually become beneficial to us. Even if Zhang Chaoyang copes with it well, he will have to peel off his skin this time, and at least the development of the video business will be suspended for two or three months. If it is not treated, it is even more difficult to say.
Thinking about it in hindsight, the key to Zhang Chaoyang's recruitment is that his subordinates only understand legal affairs and only understand technology. The combination of the latest technological frontiers and the law is a bit blunt after all. Like us, he is a right-hand man who has both magic and skill, and is like an arm. What's more, we have also seen Chen Xiaowei, who looks down on the entertainment industry on the Internet in her bones, and always likes to look at her customers with a bird's-eye eye. β
Listening to Gu Mojie's words, Lu Wenjun sighed. As an engineering student, this kind of off-the-field means of attacking the enemy is really not her forte.
Now it seems that even if the emotional factor is removed and the intellectual gap is alone, a person like Gu Mojie must at least have the help of herself and Sister Fei to keep up with the train of thought.
Lu Wenjun nodded slightly, agreeing with Gu Mojie's statement. After thinking about it, he added: "Then, if Zhang Chaoyang responds correctly, do we have any tricks?" β
"It's hard to say this, it depends on how correct he should be." Gu Mojie shrugged, still looking confident and confident. (To be continued.) )
ps: I went to Xiaoshan today to run two customers, and I was tired to death, so I won't divide the chapters.