"Teacher Qiu, I saw a foreign case analysis paper a while ago and was a little puzzled. I just heard you talk about the "Property Law" in class, which is still in the legislative discussion stage, and talked about the various manifestations of absolute right to property rights and relative right to creditor rights. I suddenly had some experience and wanted to ask you to correct it."

Feng Jianxiong's speech was appropriate and calm, which was completely the aura of lawyer Ji Nian.

"In that paper, two sets of comparison cases were analyzed. One was that Sony sold PS2 game consoles. After the user cracked the system, he could play pirated PS game resources that he burned by himself. Then Sony tried to sue some typical consumer groups who were arrested, but after being counterclaimed, the Federal Circuit Court of Appeals ruled that Sony lost the case.

Another case is that a batch of genuine WINDOWS operating systems sold by Microsoft were also cracked by genuine users and illegally upgraded to an unauthorized version. After obtaining evidence, Microsoft also filed a lawsuit, and the United States finally ruled that Microsoft won the case.

The same genuine products sold by enterprises were cracked by consumers and then pirated games or upgraded to pirated unauthorized versions. However, the outcome of Microsoft and Sony is completely opposite. I had never understood the jurisprudence principle behind it. After listening to your lecture today, I thought it was because of the reason you said?"

Qiu Xue listened very seriously.

At the beginning, she heard the boy talk about Yan Yan using foreign judicial cases for examples, and she thought the student was a bit frivolous. After all, although the civil law she taught was not to teach the judicial practice of the country, it had to be based on the laws and regulations of the country.

If you ask a completely irrelevant case, it would be a skilled and impetuous show-off.

However, as Feng Jianxiong finished asking, her senses were different.

Although civil law in China and the United States varies greatly, the basic legal spirit behind it is very similar. For example, "freedom of contract", "protecting a good-faith third party", "absolute right to property rights, relative right to creditor rights".

In class just now, she mainly talked about the analysis of "absolute right of property rights and relative right of debt rights".

Feng Jianxiong's question was almost like a feeding trick, making her feel very eager to talk.

"You are right, classmate. Although I have not read the specific files of the two cases and it is difficult to draw too detailed conclusions, I think the core jurisprudence basis of your summary is correct.

Software sales are essentially a sales of service products, with no transfer of property rights behind it. The sales of game consoles are essentially a sales of goods products, with no transfer of property rights behind it.

Therefore, behind the software sales behavior is a pure ‘contract debt’ relationship. Any agreement between the two parties does not violate the mandatory provisions of the law and does not infringe on the interests of third parties, the law recognizes it and follows its agreement.

Behind the sales of gaming consoles are both ‘contract debt’ and ‘property transfer’.

At this time, the relationship between the ‘Contract Debt’ can still be agreed upon at will. The button that the user clicks before purchasing, "If you want to continue installing downwards, please click on my consent" is a promise that should be followed - we will not discuss the overlord clause here.

However, the seller is not qualified to stipulate and restrict the buyer after the "property transfer" - unless the contract is not a "buy and sale", but a lease or something, resulting in the buyer being unable to obtain 100% of the full property rights, or "ownership". Only then can the seller be eligible to continue to restrict how the buyer possesses, uses, and disposes the property.

In this case, the key is that the purchase and sale of game consoles is the "cargo sales", so after buying, the consumer will be absolutely free of the consumer. What consumers get is the "ownership" of the game console, cracking the game console system and running pirated games is the same as smashing their own game consoles.

When consumers buy the WINDOWS system, they buy the 'software right', and the software is not the 'property', so there is no complete property right. Microsoft can point fingers at how to use the consumer after buying it in the sales contract."

Qiu Xue was just answering questions, but she became more and more excited and got scratched to the point of itch. The sentences were not so strict - but it didn't matter. She was just a class Q&A that was talked about, not a debate competition.

While writing and drawing on the lesson plan, I thought that when I was going to take the Civil Law class to compare property rights and creditor relations next time, I must use the case mentioned by Feng Jianxiong.

This case is much better than her own lesson plan!

There are also cases where the fate of large international companies is completely opposite to provide dramatic comparisons, and there are also high-quality elements of "property rights and creditors' rights when facing conflicts of interest in intellectual property rights, priority is no problem to write them into textbooks!

Perhaps the teachers of the Law School of Jinling Normal University may not be able to find another better analysis case when explaining this teaching argument.

Qiu Xue is like a person who has practiced Huashan sword technique for more than ten years. When she was about to use a move "Youfenglaiyi", the opponent actually fed a move "Golden Yan" that was restrained by "Youfenglaiyi". She showed off countless expressions in her heart, and her desire to be a teacher was all aroused.

"Student, can you tell me what the relevant paper you saw is called? Which master's work is it?" When Qiu Xue asked this question, she didn't realize that she had lowered her posture to the point of asking for advice.

Feng Jianxiong was embarrassed.

He wanted to tell the truth: "Damn! How do I know who wrote this paper? There is no such paper in the world, okay! Case analysis is also the one I used to piece together two irrelevant cases on the spot to improvise it!"

In fact, if this jurisprudence is put six years later, it will be simply not novel.

Because six years later, there was a major case in the United States that was cited as a criterion in the legal world: the US EFF Foundation counter-subjected Apple's "IOS system anti-jailbreak" case. In the end, Apple was defeated by the Federal Appeal Circuit Court based on this legal principle.

Now, this case has not happened yet, but Feng Jianxiong already knows the jurisprudence principle behind it, so he temporarily grafted the case where Sony's PS game console was cracked and sued for the consumer, and then counterclaimed, as a reference item for comparison.

"I just want to get close to you, why did I cause so many troubles? It seems that I have to open a halo of mental retardation for myself in the future, so don't show my strength." After blaming myself in my mind, Feng Jianxiong laughed and said:

"Sorry, there is actually no systematic paper in this regard. I just happened to see these two groups of cases by myself and compared them by myself. I was afraid that you would not be willing to analyze this topic, so I pretended to have a famous paper..."

"It was you who thought about it after you saw two irrelevant cases? What's your name? What class is it from?"

Qiu Xue was shocked: although he only compared and associated two irrelevant cases, this ability is generally impossible to be so keen unless he is a senior professor who has been immersed in this art for many years!

Could it be that the boy in front of me is really lucky, and his brain circuit association ability is so imaginative, and he just happened to run into it?

Feng Jianxiong didn't know what Teacher Qiu was thinking, so he confessed helplessly: "Feng Jianxiong, from Class 4."

Qiu Xue immediately flipped the list and found that his student number was behind Xu Ming.

The student dormitories at Jinling Normal University are arranged according to the student number, so students with school numbers are often in the same dormitory or adjacent dormitories.

"Are you Xu Ming's roommate? Oh, why didn't he learn from you? Remember to inform him when you go back, you must come to class next time - as for you, just come back at your level. Many knowledge points seem to be too superficial to you." Qiu Xue closed the roster, sighed, and smiled even stronger when she looked at Feng Jianxiong.

She thought for a while and asked tentatively: "Student Feng, the teacher will discuss something with you. Since the two cases you mentioned just now have not been put together to compare and analyze the paper, then I want to write it into a paper. Don't you mind - of course, I will search and check whether there is any analysis."

Feng Jianxiong didn't even think about it and realized what the other party wanted to do.

Judging from Qiu Xue's age, she looks like she is only 28 or 29 years old, and she has just graduated from a doctorate and has been teaching for two or three years. If she climbs fast, she has already stepped over and is considered a lecturer. She should be accumulating papers and qualifications for the associate professors in a few years later.

No wonder before he spoke, Qiu Xue was very reasonable and "approved" Feng Jianxiong after he couldn't think of her class and would not come and not call his name.

Feng Jianxiong wanted to be a lawyer and did not want to take the academic route, so the papers were naturally worthless to him. And after all, today's matter is different from the ghostwriter. After all, he can't write a stable paper, just providing some high-level ideas and opinions.

In this case, it is not impossible to do personal favors.

It depends on how much convenience and information Qiu Xue can provide him.

"Teacher Qiu, you want to write this topic, of course it is your freedom. I just thought about it casually, and I couldn't write it." Feng Jianxiong was generous first, and then changed his mind.

"But Teacher Qiu, you have also seen that I am very interested in intellectual property law-related cases such as 'pirated copy'. I wonder if you know which professor in our college is the most authoritative expert in this field? Can you give me some advice or give me a contact information? I usually study by myself and have a lot of things I want to ask for."

"This is how you are good at studying! Of course there is no problem." Qiu Xue's evaluation of Feng Jianxiong's evaluation of Feng Jianxiong was two points higher. After all, this idea is reasonable and there is no problem.

"The most senior in the field of intellectual property law in our college is Professor Liu Yuanming and Liu. He focuses on patent law and also works as an consultant in a patent agency outside. Before I stayed at school, he taught me a few courses when I was in a graduate school.

Although he doesn't teach undergraduates very much in person, he still likes to discuss with rising stars. I'll introduce you to the best of the best in a while."

Qiu Xue said, first giving Professor Liu Yuanming the contact information, then packed up and left.

Most of the people in the classroom have dispersed, but there are still more than a dozen students who stay. Some are discussing questions, some are waiting for Q&A, and some are purely because the girl stays, so they are almost discussing where to go to the weekend.

Unfortunately, most people have only been in civil law classes for two weeks, so they can't even understand the topic Feng Jianxiong had just talked with Teacher Qiu, and they don't know how big Feng Jianxiong pretended to be like another pussy.

Life is so lonely as snow.

Feng Jianxiong packed his schoolbag and was about to talk to Professor Liu. A girl who quietly came in at some point flashed by next to him. Wen Yan said: "The comparison between the two cases just now is very inspiring. The elements are both fulfilling and conflicting. It can be written into the civil law textbook."

Feng Jianxiong looked up and it turned out to be Yu Meiqin.

Yu Meiqin is from Class 2 and does not attend the Civil Law class with Class 4, so she should be squatting with Feng Jianxiong when he was dismissed.

"So it's classmate Yu, is there anything wrong?"

Yu Meiqin paused for a moment before asking tentatively: "The next debate with the Xinchi Academy has come out. Have you received the notice?"

Feng Jianxiong was stunned: "Is that so? No."
Chapter completed!