Chapter 211: Continuous Rebuttal, Major Judgment!
Su Bai noticed Shen Xiang's expression, and roughly guessed what the other party was thinking through the micro-expression, smiled slightly, and didn't pay too much attention to it.
Hammer him to death?
Just look at who hammers whom.
Shen Xiang's statement does have a certain legal basis.
Criminally.
According to the indirect causal relationship, it is equivalent to saying that the company operates software for profit.
The software is suspected of disseminating obscene videos, which is one of the company's business methods, so there is a necessary relationship between the two-
This is Shen Xiang's general idea above.
As I have previously understood, there are five points that need to be reached for Wang Bo in this lawsuit.
Regarding the purpose of making profits and the suspected dissemination of obscene videos, Shen Xiang has already made a statement.
The purpose of making profit is only one of the points, and there is some truth in what Shen Xiang stated.
The point is that the presiding judge does not make a judgment on this, and admits that indirect cause and effect is equivalent to direct connection.
Knock knock!
After listening to Shen Xiang's statement, a trace of joy appeared on Yang Yaodong's face.
Shen Xiang's indirect cause and effect can be judged for the purpose of profit.
It made him feel a lot better.
At least then the sentence can be slightly heavier.
After all, the right to impose a light and heavy criminal penalty is on the side of the court.
As long as it does not violate the bottom line and ceiling of the law.
Yang Yaodong looked at the defendant's seat:
"Does the defendant have anything to add to the prosecutor's statement?"
"Some presiding judges."
"But before I do that, I want to ask the prosecutor some questions."
Yang Yaodong frowned slightly, asking questions?
"Can the defense attorney make his own statement?"
Is this a blatant target?
Su Bai raised his head with a serious expression and looked at the presiding judge's seat.
"Presiding judge, the lawyer has the right to ask questions, ask questions, and question questions during the trial defense, and this is the right granted by law."
"So I make another request."
"Request to ask the prosecutor some questions and ask for permission from the presiding judge."
Hearing Su Bai's words, Yang Yaodong felt a little unhappy in his heart, but he didn't feel too embarrassed.
During the pleading, questioning is indeed a right granted by law to the defence's lawyer.
At the same time, the main reason is that Yang Yaodong is very clear.
This indirect causal relationship can be determined as illegal profit-making.
No matter what point of view Su Bai stated, if he could not produce a legal defense or factual evidence that had a significant impact.
The judgment still has to be decided, and this is a factual result that cannot be changed.
"Let's ask a lawyer for the defense."
Yang Yaodong's tone was flat, and he couldn't hear the emotional changes.
"Okay."
With permission, Su Bai's eyes fell on Shen Xiang:
"Excuse me, the prosecution, the indirect cause and effect that you have raised.
Does it refer to the indirect causal relationship between the alleged dissemination of obscene videos, attracting users, using users to watch advertisements, and achieving revenue, resulting in profits and disseminating obscene videos? ”
Shen Xiang spoke: "Yes." ”
"Then may I ask the prosecution, what is the subject of this act?"
"The main body of the act is the dynamic broadcast."
"Okay." Su Bai nodded and continued to speak:
"In this act, the subject of the act is the dynamic broadcast, and the broadcast of filthy videos is not something that the dynamic broadcast itself can transmit, right?"
Shen Xiang was silent.
Su Bai continued to speak:
"What is an anime?"
"Dynamic broadcasting is just a player, how users use it is the user's business, and dynamic broadcasting can only passively accept it.
According to the point of view alleged by our prosecutor, it means that the main purpose of the user's use of the mobile broadcast is to broadcast obscene videos.
Therefore, the number of users of the mobile broadcast is large.
We do not accept this concept. ”
"I would like to ask, the accusation alleges that there is an indirect causal relationship between our revenue and the dissemination of obscene videos, is it necessary to prove that our main business method is to attract users through the distribution of obscene videos?"
Shen Xiang spoke: "This is the consensus of users, why users are willing to use dynamic broadcasting, because during the transmission between users, it is expressed that the dynamic broadcast has a good effect on watching dirty videos, and the dirty videos can be extracted from the server of dynamic broadcasting." ”
Su Bai ignored Shen Xiang's answer, and just asked again repeatedly.
"In the prosecution's investigation, what is the main business method of the mobile broadcast? Has the mobile broadcast taken the initiative to provide users with dirty videos? ”
"Nope."
"In the business survey, the main business method of the mobile broadcast is to broadcast filthy videos, and the number of filthy videos played has reached 75% of the temporary storage."
"From this point of view, isn't this a means for mobile broadcasting to attract users?"
"Okay, thank you for your cooperation, but regarding the prosecution's question, we don't agree."
Su Bai shook his head.
"What is the business method of the mobile broadcast?"
"The operation of dynamic broadcasting is technical means such as rapid search and high-definition broadcasting, accelerated broadcasting, etc."
"You know, the dynamic broadcast is just a player, and the player mainly provides technology for playing videos."
"Playing a dirty video is just one of the contents of the player."
"As far as I know, there are many other players and video apps that are also capable of playing dirty videos.
Why don't users choose a different player?
Because users know that the technology of dynamic broadcasting is good, high-definition, efficient and high-speed.
This is the lowest level of the business method of the mobile broadcast, not the dissemination of filthy videos as a business means.
If, according to the prosecution, other players can also play dirty videos, why don't users choose their home and choose the animated broadcast?
In other words, other players have also violated the law and committed crimes, why did the prosecutor not prosecute the illegal and criminal acts of other players?
Can the prosecution explain why? ”
“.….”
Shen Xiang: .?
In the meantime, other player executives: ???
It's trying to pull them on, isn't it?
However, according to this statement, they also do not know whether the cause and effect relationship is correct.
But
The live broadcast of this trial was conveyed, and the word-of-mouth of the dynamic broadcast went up, and their word-of-mouth was rotten!
The comments in the live broadcast room of the trial were also a little outrageous.
"Yes....I don't really understand,According to the prosecutor's way of accusation and accusation,It's not just a company that violates the law and commits crimes.,Other players also break the law and commit crimes.。
"But why is it that only the person in charge of Dongbo has been prosecuted?"
“.….”
"It's a tough question to answer, but I wonder if the key is whether this trial can be won! Can Lawyer Su maintain the myth of winning the case? ”
"The one who said he had a little bit of legal knowledge before, pull it out and ask."
"Ahem....don't pull it, don't pull it, I don't understand it very well, but I can also talk to you about it."
"So far, from the perspective of profit and causality, the prosecution has a certain advantage."
"However, after this rhetorical question from the defendant's litigation lawyer, I feel that the two of them are tied."
"The prosecution's statement is legal, but the way it is stated is not too right, you can understand it this way... It smells stinky, but it smells good. ”
"That's probably what it means, I can't say the rest, let's keep watching."
.
….
The trial continues.
On the court court.
In the presiding judge's seat, Yang Yaodong passed the defense of the two people, and the joy on his face gradually disappeared.
If he had known, he should not have let Su Bai inquire.
The plea just now is to put it bluntly.
It's Su Bai's sophistry!
What do you mean?
Roughly speaking, Shen Xiang's point of view - the fact that the mobile broadcast has so many users is aiming to be able to play filthy videos.
There is an indirect causal relationship between the user's viewing of the advertisement, the profit generated and the dissemination of filth.
What is Su Bai's point of view?
Users seem to be aiming for the ability to play dirty videos, but in fact, they are not, but for the technology of dynamic broadcasting.
Otherwise, why don't users download other players?
Other players can also play dirty videos!
Users don't go to download other homes, but download the live broadcast, which is for the technology of the live broadcast!
There is some basis for the views of both sides.
It is necessary for the presiding judge to make a judgment, and, how to say
Yang Yaodong's inclination itself is inclined to the prosecution, and the judgment at this step must be a causal relationship.
There is a legal basis for this.
Even if Su Bai raised the supervision review, there was no problem.
But here's the hard part.
As for the question raised by Su Bai, it needs to be answered, otherwise, it will have a huge impact on the credibility of the court's decision.
Think again.
Yang Yaodong sorted out the litigation materials in his hand and spoke: "Defendant, the point of view expressed by your side is that the user is coming for your technology, can you explain this point in detail?" ”
"In other words, do you have anything that you need to explain about why the user didn't go to play other videos, and the accusation's determination that the user was aware of the spread of obscene videos?"
"Presiding judge, I don't know much about technology, and this point can be answered by our party."
"Okay, Wang Bo, you can talk."
Wang Bo gave a brief description of the technology of mobile broadcasting.
As a matter of fact.
Yang Yaodong doesn't understand technology, and in the face of Wang Bo's statement, Yang Yaodong doesn't know how to answer, but for this, he only needs to compare.
This is not the key point of the discussion.
Knock knock.
The gavel sounded: "Through Wang Bo's statement, the court has a general understanding. ”
"So do you have any questions about the dissemination of filthy videos by users who know about the broadcast?"
The problem?
Although this is a default question in everyone's mind.
But not admitting it at trial is also a tactic.
"Presiding judge, we have not seen the relevant evidence, so we will not admit it."
Yang Yaodong: .....
Well, at the trial, the defense argued that there was no evidence to substantiate it, which is really irrefutable.
With hundreds of millions of users, it is impossible to conduct a survey.
Even if it is through online voting......this point can be completely denied.
Because they can say that it is not their user, or that they cannot confirm the subjectivity of the voting group.
It is not realistic to want to use the user to present evidence in terms of forensics.
This kind of proof is always carried out.
They tend to get stuck in a certain stalemate.
The current situation is that Su Bai, the defendant litigation lawyer, stated his point of view - mobile broadcasting is the use of technology to attract users.
The prosecution stated its point that the mob was the distribution of obscene videos to attract users.
The statements of the defense lawyer were decided.
This indirect causality is certainly not verable.
Using the prosecution's statement, indirect causation can be determined.
But.... There is no explanation for the defendant's statements.
.
….
So.
The problem goes back to the beginning.
Is there any evidence that the mob is used to attract users by spreading obscene videos?
Although everyone knows this in their hearts, there is no prosecution that has not provided evidence....how to decide?
Knock knock!
Yang Yaodong rang the hammer and looked at Shen Xiang: "Does the prosecution have anything to say about the statement of the defense lawyer?" Or is there any evidence to be submitted. ”
Shen Xiang: .....
Turned his head to look at Li Lin on the side.
"Have we collected the relevant evidence?"
"Here."
"Hmm!"
Shen Xiang put the collected evidence in the trial.
The content of the evidence is mainly aimed at the internal personnel investigation of the mobile broadcasting company.
According to the testimony of the competent officer of the Ministry of Market Regulation.
Q: What are the main ways for your company to attract users?
The supervisor replied: Users prefer to use our company's software to watch some small videos.
.
…
Testimony is left to the parties.
On the judgment table, Yang Yaodong smiled.
Through this testimony, it was determined that the broadcast was attracting users by disseminating obscene videos, and there was no problem.
After making such a decision.
Then it can be further determined that there is an indirect relationship between the revenue of the mobile broadcast and the dissemination of obscene videos.
Then....
Determine the key point - the broadcast makes money by disseminating filthy videos.
.
….
PS: Ask for a monthly pass~
(End of chapter)