Chapter 30 Prosecution of Huang Tao

The next day, Lin Mu got up early and found a law firm.

The reason for this is known to everyone, in order to fight for their own interests.

Walking in, the front desk politely asked, "Hello, sir, is there anything wrong with you?" ”

"Oh, I'm here for a lawyer, there's a case."

"Do you have an appointment with a lawyer?"

"Nope." Lin Mu shook his head.

"What kind of case is yours? I'll introduce you to a lawyer who meets the requirements for your profession. ”

Some lawyers specialize in human resources, some specialize in dangerous, and some specialize in culture.

"It should be regarded as an infringement case." Lin Mu thought for a moment, and then said.

"Oh, I'll find it for you."

"There is also a lawyer on the job, who focuses on cultural cases, but ......" The front desk lady was a little reluctant to speak.

"But what?" Lin Mu couldn't help but ask.

"This lawyer's request is very strange, she can help you win any infringement lawsuit, but you have to agree to him a request, maybe give him 100 yuan, or let you go out to sweep the garbage for half a month."

When Lin Mu heard this, he was interested, and there is this kind of lawyer?

"Oh? What if he helps me win, and then I don't fulfill his request? ”

"Then, hehe, sir, please don't think like this, I remember that last time the CEO of an entertainment company wanted to repay the debt, but the lawyer directly restarted the lawsuit that helped him win, directly wiped out the company's family funds, and let the boss sit in."

"Hehe, interesting."

"That's it, take me to meet this strange man."

"Okay."

Follow the front desk to a door with a sign with a name on it.

Xiao Yun!

knocked on the door, walked in, and the front desk said, "Lawyer Xiao, there is a gentleman who wants to invite you out." ”

"Got it, let's go down."

"Yes."

Lin Mu saw the true face of this lawyer clearly, it turned out to be a big beauty, and her professional clothes just showed off her perfect figure.

Coupled with a cold countenance, such a look is sure to attract the attention of many ill-intentioned people.

However, Lin Mu sighed in his heart, this is a tigress, and ordinary people really can't afford to mess with it.

"You're the one who wants me to help you with your lawsuit?"

Lin Mu nodded and sat down.

"Yes, that's me."

"Know what I'm asking for?"

"I know, so I wanted to see what this legendary strange man looked like, but I didn't expect it to be a big beauty."

"Hehe, what do you think after reading it?"

"I don't have any impression, lawyer Xiao, I don't know if I can tell me about your conditions? I'll see if I can afford you with my current capital. ”

"Let's talk about your case first."

"Okay, here's the thing, I sang two songs online and ...... In the end, the star took the two songs and made a profit, and I got direct evidence that the two songs were mine. ”

Lin Mu briefly explained the matter, such as the name of the person, the name of the place or something, all of which were abbreviated, and only the general situation of the matter.

Xiao Yun thought for a moment and said: "It means that you have direct evidence, but you are afraid that the person has outstanding company capabilities, and you are afraid that you will be hacked, so you want to ask me to help you win this lawsuit." ”

"Not bad." Lin Mu nodded, he really thought so in his heart.

"It's okay, I'll help you, my request is very simple, sing these two songs to me again."

"It's that simple?" Lin Mu was stunned.

"What? Want something a little harder? Xiao Yun couldn't help laughing.

Seeing Xiao Yun smiling, Lin Mu was stunned, just as the poem said.

Light Luo small fan white orchid,

Slender waist jade belt dancing veil,

It is suspected that a fairy came down to earth,

Looking back and smiling, Shengxinghua wins.

, that smile is like a little fire in the cold night, amazing the world.

However, Lin Mu only recovered in an instant, and said with a smile: "No, I just feel that Lawyer Xiao's request is really ...... It was a bit of a surprise. ”

"Huh." Xiao Yun didn't explain anything.

Instead, he explains: "A tort is a wrongful act committed by the perpetrator. Among the various views of foreign scholars on tort in the narrow sense, there are three typical theories: one is the theory of wrongdoing, which reveals the concept of tort from the perspective of behavior. Scholars who hold this view believe that tort is a kind of fault. The British scholar Fleming pointed out that "tort is a civil fault and not a breach of contract, and for this fault the court will provide a remedy in a form of action for damages". And you're clearly not like that. ”

"The second is the violation of legal obligations. The doctrine defines the concept of tort primarily from the perspective of breach of statutory duty. For example, Winfield, a well-known British scholar, gave a recognized and most complete definition of infringement from the perspective of distinguishing between tort and breach of contract. In his view, "liability for tort arises from the breach of an obligation predetermined by law, which is for the average citizen, and the remedy for the breach of such obligation is an action for unliquidated damages", and thus tort refers to the breach of an obligation under the law addressed to an ordinary person, rather than a breach of a contractual obligation for a particular person under the agreement of the parties. ”

"There's no such thing as a contract between you, so it's not either."

The third is the theory of fault liability, which holds that fault is only the basis for leading to tort liability. In France, most scholars generally consider tort to be a liability for damages, based on article 1382 of the French Civil Code, which stipulates that "when any act causes damage to another person, the person who caused the act to occur due to his own negligence shall be liable to that other person".

"The third type is more general, in my opinion, your case can be understood in this way, without your knowledge, the other party stole your work for personal use without your consent, and generated a large amount of benefits."

"This kind of behavior cannot be said to be infringement, it is still an act of theft, but the law does not provide for this kind of behavior, so it can only be described as infringement."

"As you said, this kind of infringement is an act that gives rise to intellectual property rights and property rights for you alone."

The term "infringement" in the Copyright Law refers to the act of violating the obligations stipulated in the Copyright Law and infringing on the personal rights or property rights enjoyed by others in accordance with the Copyright Law. If the infringement of another person's property rights is directly based on a breach of contractual obligations, such an act is usually regarded as a breach of contract only, and the perpetrator bears the liability for the breach of contract.

"Coupled with the fact that you have direct evidence to prove that what you said is completely true, this case can be 100% determined, no matter how powerful the other party is, I can help you win."