Chapter 81: Penguins Won't Lose? Who gives you confidence? Bring it to you!
Su Bai had long known about the penguin's infringement case.
In infringement cases, penguins are the best at saying that some are not, and they are good at playing Tai Chi, not only a good hand, but also a master of Tai Chi.
What is the most ambiguous aspect of the infringement case?
It's a judgment!
Determine whether this thing is plagiarized or not.
For this judgment, the domestic law is vague and it is not easy to define, because it is not easy to determine it, and it is much easier to refute it.
This is where the confidence of the penguin infringement case lies.
Chen Chao is very reasonable, according to this basis, there is a high probability that ordinary lawyers will lose.
But the penguin faced Su Bai.
Chen Chao saw that Su Bai was not in a hurry, and he had some doubts in his heart, and he didn't understand where the other party got so much confidence!
But I didn't think much about it.
After all.....
Infringement .....
Penguin Legal Practice for infringement cases. No one knows more about infringement than penguins.
The judgment seat, on the presiding judge's seat.
After listening to Chen Chao's statement, Cao Liqiang frowned slightly, looked down at the litigation evidence materials, and only after a few seconds did he ring the gavel.
"The defense has finished its case."
"Plaintiff, do you have anything to add to and state about the defendant's statement?"
Su Bai exhaled, looked up at Cao Liqiang in the presiding judge's seat, and spoke:
"Presiding judge, we have doubts about the defendant's statement, and we believe that the defendant has several points that are not clear, and there are certain misunderstandings in guiding this case."
Chen Chao: "? ”
The statement is unclear, and there are certain misunderstandings of guidance?
What are the misunderstandings in his statement?
Chen Chao frowned slightly, a little incomprehensible, the meaning of Su Baihua.
Just listen.
Knock knock!
On the trial platform, the presiding judge, Cao Liqiang, rang the gavel and said:
"If the plaintiff thinks there are objections, they can raise them in court, and the plaintiff should state what points you think the defendant is unclear."
On the plaintiff's seat, Su Bai took out a piece of litigation materials and slowly spoke:
"We believe that the defendant's statements and rebuttals are in conflict with each other."
"Conflicting with each other, there are the following:"
"First: We are suing Happy Match and Crazy Match, why is the core gameplay when three small animals are connected together to eliminate."
"The defense lawyer argues that the reason why the three small animals were connected together for elimination was because the three small animals were interesting."
"We believe that this is not a reason for the other party not to plagiarize, and it does not have legal justification significance."
At the same time, the other party pleaded that the "three" is not our originality, but the universality of the public, so I do not agree with the happy elimination released by the party Penguin Holdings Co., Ltd., and the elimination of the three small animals is the core gameplay of plagiarizing us. ”
"I doubt that."
"Because according to the defense lawyer:"
"Crazy Elimination and Happy Elimination, Elimination and Elimination, these two do not have integrity, so they do not constitute infringement of our name."
"Then, the lawyer of the litigating side came up with such a three to explain the elimination of your three small animals and the elimination of our three small animals, which is not original."
"Isn't it a contradiction based on what the defendant has said?"
"The gameplay of Crazy Match and Crazy Match is that three animals are connected together to eliminate, and three animals are connected together to eliminate, which is one subject, and there is no such thing as originality and versatility in separate use."
"Since our gameplay is originality, is it universality that penguins copy our gameplay?"
"Presiding Judge, our statement is over."
After Su Bai finished speaking, he quietly looked at the defendant's seat.
Su Bai has already studied the litigation of penguins in infringement cases, so he also has a general understanding of the methods of litigation.
The key is to catch the other party's loopholes.
Therefore, he put the previous questions together, and according to his calculations, according to the penguin's litigation habits, he will definitely play Tai Chi.
Really.
The truth was pretty much what he imagined.
The penguin was there frantically playing Tai Chi as he imagined, analyzing every question he asked.
However, these two issues have contradictory points.
If it is separated, then there is no problem with what Penguin Legal Counsel said, and even speaking, it is very exciting, so that people can't find fault with it.
But when put together, there is a contradiction
In the defendant's seat, Chen Chao frowned slightly, according to Su Bai, there was indeed a certain problem with his expression just now.
Seemingly.
The lawyer on the other side is more difficult than he imagined!
Chen Chao exhaled a long breath.
Kong Hao on the side whispered: "The opposing lawyer has seized the loophole in our statement. This hasn't happened much before, so what now? ”
Chen Chao spoke: "What can I do?" Continue to plead. ”
"The other party did grasp a small loophole in our statement, but it is not a dead end, at most it will slightly affect the presiding judge's inclination, as long as there is no key evidence, then this trial, who will lose and who will win, maybe it's not clear."
"Hmm!"
Kong Hao nodded solemnly and took a long breath.
He always has a bad premonition, and at present, the other party still has a certain advantage.
If the other party continues to expand this advantage.
Isn't the 100% myth of the penguin Nanshan going to be broken?
In case it is broken, it will still have a certain impact on the penguins.
When the time comes.....
Never mind.
I don't want to, I don't want to.
Although the other side now has a certain advantage, but what are they?
They're penguins!
How could a penguin lose!
It's impossible to lose, and penguins can't lose in their lives!
After Kong Hao sorted out his mood, he raised his head and looked at the presiding judge's seat.
After Su Bai finished speaking.
The presiding judge, Cao Liqiang, nodded slightly, and briefly sorted out the points stated by Su Bai.
In the plea just now
Obviously, Su Bai has a certain upper hand, and the penguin side is weak.
He also has a certain amount of judgment in his heart.
However, as for the subsequent determination, this can only be determined through the plea of both parties.
Cao Liqiang sighed slightly and looked at the defendant's seat.
Knock knock twice.
After striking the gavel, he spoke:
"The Defense."
"Regarding what the plaintiff raised, the statement of the plaintiff is not clear."
"The problem with the unclear statement is that there is an inconsistency between your understanding of originality in the gameplay mode and the name of the game, do you have anything to say or disagree with?"
Faced with the questions raised by the presiding judge, Chen Chao looked at the litigation materials unhurriedly, and then said:
"Presiding Judge."
"We have objections."
"The first is that there is a problem with the focus of these two issues.
The plaintiff proposed that the gameplay was plagiarized, and the three animals proposed by us were eliminated together and did not constitute plagiarism, which was explained for the plagiarism of the gameplay proposed by the plaintiff.
As for the name, what the plaintiff said did not express integrity, so we will express it according to completeness. ”
After Su Bai heard Chen Chao's statement, he pulled the corners of his mouth, this penguin's legal affairs are quite capable.
It's a mess.
Su Bai raised his hand: "Presiding judge, our side has raised an objection." ”
Knock knock!
"What is the plaintiff's objection?"
Faced with the presiding judge's question, Su Bai spoke:
""Three" is indeed universal, but other numbers are also universal, but why does Penguin's Happy Match have to use three animals to eliminate it."
"And not four, five, six, seven?"
"Isn't it because the crazy pop music produced by Nanyou Studio is that three animals are connected together to eliminate, and it has been verified by the market, so the penguin directly copied it and used it when it was taken?"
"Please ask the defendant to answer our questions head-on."
This.....
In the defendant's seat, Chen Chao was silent for a few seconds and rubbed his temples.
Of course, he knows why Penguin's Happy Match has to be connected by three animals.
Because Crazy Elimination is that three animals are connected together to eliminate, and this has been verified by the market, take it and use it.
He plagiarized Penguin games, and the rest can be ignored, as long as it can be verified by the market.
Leave the rest to the legal counsel.
Anyway, the legal department can handle it.
Originally, Chen Chao also felt that he could handle it easily, but. The other party clung to this question, which made him feel a little pressure.
This question!
It's really hard for him to explain, but if he doesn't explain well, the trial won't give him a chance.
After all, the current advantage is not on his side.....
Hiss!
Chen Chao gasped, and reluctantly found a reason to state:
"We didn't plagiarize, and we used three animals to connect and eliminate, because we found that three animals were connected and eliminated was the most advantageous."
The judgment seat, on the presiding judge's seat.
Cao Liqiang, as a judge with a certain senior understanding of copyright and copyright, already had a general understanding and judgment in his heart after hearing the plea of both sides.
Knock knock!
The gavel sounded: "After the statements of the original defendant and the defendant, now the disputed points of the two sides are summarized!" ”
Knock knock!
Cao Liqiang continued to speak:
"The current dispute between the two parties is whether the game produced by Penguin is happy to disappear, and whether it plagiarizes the game produced by Nanyou Studio."
"The core issue of the controversy is summarized: whether it is plagiarism of the gameplay mode."
"The plaintiff and the defendant, whether there is any dispute on this point."
Su Bai: "There is no dispute on our side. ”
Chen Chao: "There is no dispute on our side. ”
Knock knock!
"There is no objection between the two sides on the core induction issue!"
Cao Liqiang looked at Su Bai and continued to speak: "Is the three small animals connected and disappearing gameplay mode created by Nanyou Studio?" ”
Su Bai raised his head slightly and looked at the trial table: "The gameplay mode of Crazy Elimination is the originality of Nanyou Studio, and there is evidence in this aspect in the evidence submitted by our side before. ”
Knock knock!
Cao Liqiang looked at the defendant Chen Chao again: "For the crazy elimination gameplay mode, it is the original creation of Nanyou Studio, does the defendant have any objections?"
If you have any objections, please submit relevant evidence to prove it or challenge its gameplay mode. ”
For the presiding judge's words, Chen Chao took a deep breath!
prove
I can't take it out!
The plea just now is a plea, but it is proved. This one really doesn't.
Chen Chao opened his mouth and said: "Presiding judge, our side still maintains the original view"
After hearing Chen Chao's words, Cao Liqiang rang the gavel again.
Knock knock!
"The crazy elimination gameplay mode is original and controversial for Nanyou Studio."
"However, the plaintiff can submit relevant evidence, and the defendant cannot submit relevant evidence."
On the judgment seat.
After the presiding judge Cao Liqiang consulted this issue clearly, he glanced at the litigation materials and continued to speak: "Does the defendant have any objections to this?" ”
Chen Chao shook his head: "No objection." ”
Then, Cao Liqiang looked up slightly at Su Bai in the plaintiff's seat:
"On the plaintiff's side, there is no evidence or legal basis to add?"
Su Bai took a deep breath, knowing that this was preparing to determine whether it was classified as plagiarism.
According to the information provided by Li Xuezhen, this Cao Liqiang is currently tendentious in the judgment of the plagiarism case.
And the tendency, of course, is closer to his side.
It's time to get out and kill.
"Presiding Judge, we have something to add."
"Hmm!"
Cao Liqiang glanced down at the litigation materials, and then looked up at Su Bai: "What are the supplementary materials you presented on the plaintiff's side?" ”
"It's a related investigation, Presiding Judge."
Su Bai handed over the relevant investigation to the staff around him, and continued to add:
"This survey was conducted under the condition of legality, and 20 passers-by were selected to evaluate the two games."
Cao Liqiang frowned slightly: "I would like to remind you here that if the evidence submitted by the plaintiff is found to have any non-compliance, the plaintiff needs to be fully responsible." ”
"The presiding judge, I understand that all of our self-evident and legitimate source materials are included, and if there is any non-compliance, we are willing to take full responsibility."
"Hmm!"
Cao Liqiang nodded and looked at the content of the investigation.
Su Bai saw that Cao Liqiang was checking the evidence, and he was relieved.
Judging that Penguin plagiarism can be said to be a sure thing.
Not to mention the certainty, at least 90% sure!
Although the contents of these investigations submitted by him are evidence, they do not have much effect on determining that Penguin Holdings Limited is plagiarism.
In the court court, Su Bai had already said everything.
Submitting these things, although it is not possible to judge the little penguin plagiarism, but it has other functions!
That is the tendency to influence the presiding judge!
You see!
Everyone says that the two games play a lot like plagiarism!
It is impossible for the presiding judge to deny it from cognition, these two games are not like plagiarism, right?
As long as the presiding judge has a little tendency, then the tendencies of this sense of identity will increase!
In other words, when Cao Liqiang was inclined to penguins, he broke him over.
This is the right way for him to submit this evidence and kill the little penguin!
(End of chapter)