Chapter 218: If it's a brother, slash it
Yanjing.
Mixixil Legal Department.
After receiving these electronic legal documents from the Jiangcheng Court, the company's legal personnel in charge of this part of the work quickly understood the specific situation.
Another man who is well fed and has nothing to do.
The issues involved are only minor issues, and the other party's demands are also a bit ridiculous, especially the two points of asking their company to publicly apologize and compensate for one yuan of moral damages.
Play for the gallery!
In fact, many large companies have encountered such lawsuits, and even attracted attention for a time.
In his opinion, there are no more than two kinds of people who do these things.
Either they are some people who admit to death, and if they understand a little bit of the law, they have to worry about a little innocuous matter, or they just want to "touch porcelain".
Right!
It's just touching porcelain.
Touching the fame of these big companies.
Even if you lose the battle in the end, as long as you attract attention, the opponent's goal will be achieved.
With attention, it is natural that more people will know and notice.
And this is like a stepping stone.
After studying the specific situation, the other party didn't think there was anything.
Since the court accepted the case, it shows that the reasons and demands of the lawsuit filed by the other party are reasonable to a certain extent.
But the advantage is not necessarily in the hands of the other party.
Just like the practice and handling of customer service here, you can say that it is improper, but it can also be said that there is no problem, and the final victory or defeat and the result of the court's trial are all up to who is smarter.
In fact, their legal department has been involved in the relevant guidelines and methods of most of the platform software.
After all, in the face of so many businesses and consumers, if you don't take all aspects into account as much as possible, it is very likely that you will be found wrong.
Even something that seems unreasonable has been studied and discussed.
Some things are unreasonable, but they are legal!
At least not against the law.
Or that the law does not explicitly prohibit it.
If the law does not prohibit it, it can be done.
This is why many people and companies like to "mess around".
It is commonly known as exploiting loopholes or loopholes in the law.
The reason why it is called loopholes and loopholes shows that the law has not taken into account.
It is precisely that it is not a crime if there is no express provision in the law......
The legal personnel who handled these legal documents did not know that this case was related to Ye Xiangyang, and even if they did, they might not be able to contact Ye Xiangyang, who was a reporter, as soon as possible.
Even if they knew, most of them wouldn't care too much.
Although the class action lawsuit some time ago was very sensational, just one Ye Xiangyang was not enough to make them feel scared.
After all, it is the legal department of a large company, and it has its own confidence and arrogance.
……
Jiangcheng.
Ye Xiangyang didn't know that the lawsuit he filed was handled as an ordinary eucalyptus by the legal staff of Mixixi, and he didn't pay attention to it at all.
Even if you know, you won't feel anything.
In the legal industry, Ye Xiangyang may not even be able to compare with a newcomer who has just entered the industry.
He has never even formally taken the law exam, let alone a lawyer's license.
I also read some more books on this subject during this time.
It is precisely because of this that Ye Xiangyang did not dare to have the slightest fatigue.
After returning from the court in the morning, Ye Xiangyang began to check all kinds of information, and almost went through most of the past cases on online shopping rights protection.
It's not so detailed, so I search for what I want in a wide range, and then narrow it down, and then slowly study and learn.
Many of the eucalyptus pieces are referential.
Especially for him, a half-white newcomer.
Then he noticed something he hadn't noticed before.
It's like the jurisdiction of the courts.
For example, after a dispute arises over online shopping, in accordance with the provisions of the Civil Procedure Law and relevant interpretations, a sales contract concluded through the information network shall be used to deliver the subject matter through the information network, and the place of performance of the contract shall be the place where the buyer is domiciled; If the subject matter is delivered by other means, the place of receipt shall be the place of performance of the contract.
What is special is that if the buyer and seller have made a valid agreement with the competent court in the course of the transaction, they should file a lawsuit with the court with the agreed jurisdiction.
Article 34 of the Civil Procedure Law stipulates that the parties to a dispute over a contract or other property rights and interests may, by written agreement, choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, the place where the subject matter is located, and other places that have an actual connection with the dispute, provided that the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction are not violated.
The following conditions are required for effective contractual jurisdiction:
1. Both parties agree;
2. It does not violate the laws and regulations of hierarchical jurisdiction and exclusive jurisdiction;
3. The court that agrees on jurisdiction shall be clear;
4. The court that agrees on jurisdiction is actually related to the contract.
Of course, this is only a problem between consumers and merchants, and if Ye Xiangyang directly sues the merchants, then this issue needs to be paid attention to.
However, Ye Xiangyang sued the Mixixi platform.
But there is also this problem.
According to Ye Xiangyang, in order to change the competent court to a court convenient for litigation in the event of a dispute, many large companies will generally add this type of litigation jurisdiction standard clause to some relevant agreements.
Sure enough.
Ye Xiangyang found the relevant content in the user agreement of the software Mixixixi.
After discovering this situation, Ye Xiangyang realized that the other party was likely to raise a jurisdictional objection to the court and apply to send the eucalyptus to the court agreed in the Mixixixi software user agreement for trial.
This is a common practice used by many large companies to prolong the litigation time and increase the litigation cost of the other party.
The word "drag".
Large companies usually have their own legal department, and they are not afraid to spend money with you.
This is true, Ye Xiangyang was negligent.
The company's headquarters is in Yanjing, and the place where the other party signed the agreement agreed in the user agreement is also there.
In other words, once the court decides that the jurisdiction standard clause of the user agreement on the Mixixi platform is valid, Ye Xiangyang will have to go to Yanjing specifically to fight this lawsuit with the other party.
In order to deal with the possibility of the other party carrying out this operation in the future, Ye Xiangyang began to carry out in-depth understanding and research on the aspect of jurisdiction.
For a rainy day!
After some research, Ye Xiangyang found that there are many clauses in the user agreement provided by Mixixi, which are inclined to the platform rather than the user.
This is entirely predictable and unavoidable.
Mixixi's own in-house counsel will not help "outsiders" beat "their own people" and set up a lot of agreement clauses that restrict the platform itself, right?
However, in this way, users are at a disadvantage relative to the platform.
Here's why.
Compared with the platform that wins the lawsuit, the user wins the lawsuit against the platform, which is often only a minority.
However, instead of making Ye Xiangyang feel frustrated, this made him more combative.
In order to check the user agreement of Mixixi, Ye Xiangyang specially downloaded this software, thought about it, and simply registered an account.
Only by knowing oneself and knowing one's opponent can one not be defeated.
If you want to win the other party in the next lawsuit, you need to know them well.
Mixixi's name, Ye Xiangyang has naturally heard of it.
Especially when Ye Rou is its "loyal" user, it's just that he hasn't understood and used this software in depth.
The registration process is very simple, you only need to enter your mobile phone number, and then fill in the verification code sent by the platform.
After browsing, I found that the prices of the products above are really cheap, and there must be a reason why I can gain a large number of loyal users.
It's just that when Ye Xiangyang accidentally clicked on a certain option, the mobile phone page kept popping up the screen, which once made Ye Xiangyang think that his mobile phone was virus.
However......
Ye Xiangyang soon discovered that this was actually the most classic "chop and chop" welfare activity in Mixixi.
Just pull your friend and slash it, and then you can withdraw cash rewards or get the corresponding merchandise of your choice for free.
This Ye Xiangyang knows.
There are quite a few people on the Internet who have discussed it.
There are many people who have successfully withdrawn and posted pictures to show off, and there are also many people who scolded them for being scams and cheating people.
Ye Xiangyang's previous feeling was almost half to half.
It can't be completely deceitful, there are always a few "lucky ones".
And if you want to meet the requirements for getting rewards, it must be very demanding, otherwise there will not be a large number of people who will not be able to get the so-called benefits.
This involves a question of probability.
It's like a lottery.
Try?
Anyway, it had already clicked in, and Ye Xiangyang subconsciously had this idea.
He wanted to experience how "pitfalling" this activity was.
Thereupon.
In the process of boring lottery and so-called accelerated withdrawal again and again, Ye Xiangyang almost had the urge to drop his mobile phone.
This mud horse......
It's like being played like a monkey.
Just then, when Ye Xiangyang had a penny left to be able to withdraw, the lottery opportunity ran out.
And next.
If you want to continue the lottery, you have to invite your friends to "help you cut a knife" in order to get a new lottery opportunity.
After thinking about it, I found that there didn't seem to be too many shopping apps around mexixi.
There are a few married female colleagues in the newspaper who are using it, but because they posted a link in the newspaper community before, they asked their colleagues to help cut it, but they were later discovered by the newspaper leaders and criticized in the group, and no one in the group posted it anymore.
[Sister Zhou, are you still using Mixixi? 】
After hesitating, Ye Xiangyang sent a message to Sister Zhou, a colleague who had the impression of using the software Mixixi, to inquire.
[Yes, what's wrong?] 】
[In that case, Sister Zhou, can you help me cut a knife? ] 】
Seeing Sister Zhou's reply, Ye Xiangyang hurriedly sent the link to the other party, and then sent a message.
[Chopped]
[[Photo]]
[Xiaoye, when did you start using this software? I remember you didn't use it before......]
Not for a while.
Sister Zhou completed the "task" and sent a screenshot and her own questions.
[I just tried it in the past two days]
[Sister Zhou, do you know who else in the newspaper is using mixixide besides you? 】
[You still need someone to cut it, right? 】
[Uh, yes!] 】
[We have a special group, I'll pull you? 】
【Good】
After chatting a few words, Ye Xiangyang was directly pulled by Sister Zhou into a group where a newspaper colleague specially cut a knife.
As soon as Ye Xiangyang entered, the group, which was originally a little silent, became lively in an instant.
And Ye Xiangyang is like Grandma Liu entering the Grand View Garden, as if she has opened a new world.
It turned out that there was such a secret group in the newspaper that he didn't know.
6 Ah!
Somehow, she broke into the "Women's Alliance" in the newspaper.
Without much nonsense, Ye Xiangyang directly sent a red envelope that was not big or small, and then sent the link and asked them to help.
The result is naturally what you want.
However.
In this group of women, Ye Xiangyang found several "wonderful" existences.
Like him, there are other male colleagues who have infiltrated here.
[Brother Zhong, are you there too? 】
Seeing that Zhong Xiaofeng also sent a screenshot of the gang after the cut, the surprised Ye Xiangyang asked.
Then Ye Xiangyang received a call from Zhong Xiaofeng.
Balabala, explain a whole bunch of things.
It means that he was accidentally pulled in by a certain eldest sister in the group, not on his own initiative.
Gee!
With such a wave of teammates to assist, Ye Xiangyang's lottery opportunity directly saved a bunch.
Dots and dots......
After going from a penny to a gold coin, to a diamond, and getting several waves of prompts that you can withdraw money immediately, but always stuck at the last point, Ye Xiangyang was numb.
Isn't this playing with people?
However, thinking that his original intention was not really to earn this hundred yuan for nothing, the red envelopes he sent out just now were more than this amount, and then he calmed down.
You have to find someone.
"Director, there is a problem that I need your help in."
After thinking about the "target" that could be found next, Ye Xiangyang politely called the director Xu Yue for help.
"Well, as long as it's about work......"
"It's about work...... So, Director, wait a minute! ”
“???”
Before Xu Yue could figure out the situation, Ye Xiangyang hung up the phone, which made him blackface.
This kid......
Is he a leader, or is he a leader?
Ten seconds later.
Xu Yue couldn't help but fall into deep thought when he looked at the link sent by Ye Xiangyang and asked for help to cut a knife.
What is it about work?
……
[Brother Di, are you here? 】
Jiangcheng Morning Post.
Di Jian was editing a news report video to be released today, but he saw this message sent by Ye Xiangyang, and almost didn't react.
Something is wrong!
[Me? 】
Di Jian, who was puzzled, directly sent a confirmation message.
[Yes, Digo! Little brother Ye Xiangyang is also! 】
【……】
This must be wrong, there must be something wrong with the link.
His elder brother Ye wouldn't be so polite, unless......
I was guessing in my heart if Ye Xiangyang was going to be a pit again...... Oh, no, it was a request for him, and Di Jian saw a link sent from the other side.
Clicking on this link with trust and curiosity, Di Jian was stunned to find that it was actually the download jump page of Mixixi software, and he was immediately stunned.
[Brother Di, help me cut a knife, little brother thank you here! ] 】
Just when he was suspicious, seeing the appearance of this information, Di Jian suddenly realized something.
Followed by.
Di Jian quickly and eagerly called Ye Xiangyang with his mobile phone.
"Brother Ye, hurry! Hurry up and look at your phone, you may have a stolen number......"
"Don't talk nonsense, if it's a brother, help me cut it."
“???”