Chapter 170 The Frog at the Bottom of the Well
"I can help you coordinate this matter, but you'd better think clearly about what to do! If you still want to sue an ordinary consumer, I don't think it's meaningful - even if you win, it won't make China Unicom official feel that we can always control the situation, and they will still get an excuse for subsidies to lower the price."
After repeated attempts, Ramonds decided to let Luca think clearly and give a feasible plan, and he would support him again.
If the plan is not ideal, he can only support it mentally.
Luca sighed relieved and made an invitation gesture: "I have a better plan, Mr. Lamond, let's go to the lounge and sit down and talk slowly, I have something for you to see."
Ramond nodded and followed.
Back in a reception room, Luca pulled out more information from his folder and pointed out and analyzed: "Mr. Lamond, of course I wouldn't deliberately get along with an ordinary consumer, so I can't get any more oil. But we can negotiate with Sina Company first - if it weren't for them, how did Sina Weibo's APP installation files leak? How did this "Mahesha" have the opportunity to use it?
Moreover, Ma Hesha is just a typical case in the earliest days. Now we can see that more than a dozen celebrities in the mainland have followed the trend and used the IOS version of Weibo, and when posting blogs, they will display the suffix of using the IPHONE-3GS platform. Obviously, these people were inspired by the phenomenon of "Ma Hesha was the first to post Weibo on the IOS platform and received official support", so in order to gain more promotional traffic, they chose to follow the trend. In fact, these people have also received a certain amount of traffic.
Therefore, the culprit of all should also negotiate with Sina. We can go to the lawyer's letter first and ask Sina to explain why the unauthorized version of the installation files leaked..."
"What if the dispute with Sina has no result?" Lamond interrupted and asked.
Luca was confused, but she still gritted her teeth and said: "I think it is unlikely, but if there is really no flaw, we can only target individual consumers. It is best to negotiate with the lawyer first, ask them to provide clues, provide the source of the technical team for cracking and production, and then we will accurately attack those who illegally crack our system-
I understand Chinese law. For those crackers, just let the public prosecution agency come forward. We can give them some money and give them the crime of "destroying computer information systems" to go to jail. We don't have to come forward and get dirty, nor will we get the hate value of consumers. Anyway, I know that unless it is absolutely necessary, don't prosecute ordinary consumers."
Ramond nodded slightly: "Then you go and do it."
Luca reminded with shamelessness: "Mr. Lamond, you have to mobilize other resources to deal with this matter... I am just representing Luxembourg Company and have no weight in China. How can Sina's legal department and foreign affairs department give me face?"
Ramond was stunned and quickly realized: This is why Luca had to come to him today.
Just like at Sony, if the rights of the PS-STORE operating department are infringed, the network service provider's subsidiary will negotiate directly, which is very ineffective. Because Sony's deterrence is the huge sales of its gaming console hardware.
Therefore, if the service department is infringed, the hardware department needs to come forward to protect its rights in order to solve the problem efficiently. I have to say that this is an irony.
Luca came to Ramond today, hoping that after going around in Ramond, the real-powered person of "Apple Trading (Hujiang) Co., Ltd." would help him stand up and stand up.
"Okay, I'll let Jodiv go and arrange it." Ramond agreed, and had already planned in his heart which subordinate to send him to.
...
"Tsk, Luka is a coward, he will only instigate Mr. Ramond to cause trouble for us."
After receiving the task from her boss, the legal director of Apple Trading (Hujiang) Co., Ltd., Han Dynasty man Jodiv sneered in contempt.
Well, you all know this name. Jodiv is also a yellow-skinned banana man. He is a brainless fan of Qiao Laozhe. He has been proud of being a dog for Qiao Laozhe.
"Boss, this kind of thing is thankless, right? Why do we really need to touch our favors and help Luca's department? Or do you send a letter to the official business and don't force it too much?"
In the office, a subordinate of Jodiv complained with his superiors in a heart-to-heart manner.
"Just do it like this, go and write a letter to test it out first." Jodiv nodded in agreement, "If Sina gives in, we will beat it. If they don't eat it, don't force it, and it's just a reward."
The maid understood and went to prepare a lawyer's letter.
Two days later, Sina replied, with a very polite attitude, but there was no useful information.
"Our company is deeply sorry for this situation. However, the Weibo APP for IOS version is still under development, and our company has not officially released any official releases. After internal investigation, it is believed that some testers in the R&D department have secretly leaked the test version files and data in order to reduce their workload. In this regard, our company will rectify it as an internal affairs based on the common interests of both parties.
However, our company does not believe that the accusation of "unauthorized sale/release/providing unauthorized software" raised by your company does not exist. If you have any other questions, please contact us."
After reading this reply, Jodiv knew that it was impossible to intimidate from the Weibo operator.
He thought for a while and asked the maid who was responsible for the inquiry these two days: "What about the physical evidence you have collected? Can it prove that Sina has any decision-making documents, agreed or authorized to disseminate the unauthorized version to the outside world?"
The mama shrugged helplessly: "No, the law firms and detective firms we entrust have found no evidence of the other party's intentional leak. According to the existing evidence, even if we sue, the other party can definitely be pronounced as 'the private behavior of some leaked employees has nothing to do with the company's decision'. Moreover, the Weibo operating company did not get any direct benefits from this matter, and we have no legal reason to sue."
Jodiv nodded with a wry smile, giving up the last glimmer of hope.
The manufacturer of hardware that uses closed systems, in law, has the theoretical right to sue for those software providers who bypass their review and provide the software on this platform, but the premise is that the software provided by the other party must be an official decision-making behavior.
Many domestic consumers may not understand the existence of this system, but overseas consumers are very familiar with it.
For example, to give a case that users of B stations are easy to understand: the "In 1982, the ET alien game incident occurred on the Atari 2600 game console platform" mentioned by Director Ao destroyed the American game console industry, all subsequent game console manufacturers learned lessons and added a review system led by game console manufacturers.
Nintendo, who took advantage of the opportunity to enter the US market after Atari self-destruction, is the representative of it - all games that wanted to be released on Nintendo's game console at that time must pass Nintendo's content review, harmony, just like what is going to be on APP-STORE today, must pass Apple's review.
This is because Nintendo (Apple) has the right to think that if you don't review it by me, if you release a bad work on my machine, it may lead to consumers' doubts about the level of credibility of all works on this game console platform. Therefore, games that are not authorized can only become underground games. After being discovered, game console manufacturers can sue game developers.
There is actually nothing new under the sun.
However, this time, the opponent Jodiv faced was obviously a veteran of the offender, and he did everything without missing a trace, and the evidence was perfectly destroyed.
Apple can't catch any flaws in Sina's official business.
This is very uncomfortable.
Large companies all want to sue another large company, which is easier to be valued by the judicial system, and the requirements for winning are higher, and it is not easy to be followed by small people who are obsessed with the trend.
Now, Sina cannot sue, so it feels a bit powerless to hit the cotton ball with a heavy punch, and I don’t know where to use the energy.
"The other party is a master. Is there any well-known lawyer in the field of intellectual property law behind Ma Hesha?" Jodiv asked cautiously.
"It's not true, at most it's Feng Jianxiong." The maid who was doing her homework reported.
"Feng Jianxiong? It seems that the name sounds very familiar. What is the specific origin?" Jodiv asked with interest.
The maid obviously did a profound homework and quickly reported it like pouring beans on the bamboo tube:
"Feng Jianxiong, the top V public intellectual on his blog, I heard that he is only 22 years old and has graduated from a master's degree in law. He has published dozens of articles in the top domestic legal journals such as "Law Research". He also assisted his mentors to promote the revision of judicial interpretations related to the domestic "Patent Law" and "Trademark Law".
He is also the only member and best debater in history of the national college debate championship for two consecutive times. Recently, he also serialized an outlook on the history of Internet development on the Internet. It is said to be the most popular economic work at the moment, much more popular than "Currency War"...
In addition, he has an alumni relationship with Ma Hesha, and Ma Hesha is his junior. The two have an ambiguous relationship for a time. He also fought a reputation lawsuit for the scandal between the two and won several media outlets. It is said that Ma Hesha issued a "virgin appraisal" at that time and fought back against the scandal media..."
"Enough! What's the point of reporting on this kind of gossip news?" Jodiv scolded hypocritically, stopping his subordinates from continuing to play. "Okay, let's do it, I roughly know his strength."
Anyone who can be the best in the world and the only one in history in a certain sub-field is definitely not Yiyou. Jodiv is not stupid yet - because Feng Jianxiong is a lawyer who has just obtained a lawyer's certificate for four months, he despises the other party.
Geniuses with insufficient qualifications and outstanding strength in this world always appear.
However, since you can't sue Sina, there is a big chance to start with Tsuma and Sa, the soft persimmon.
Now, there is a hard stubble next to the soft persimmon that is close to each other and almost 100% capable of helping each other, so you can only chew it.
"Since Feng Jianxiong is capable, we should not attack Ma Hesha until the last moment - first find a way to contact Ma Hesha and other big Vs who follow the trend and use the IOS version of Weibo to say good things, and see if we can follow the clues and find out the cracking team behind them and crack the source of the file.
If possible, we will crack down on target and give priority to sending the cracking team to jail and prosecuting. If it really doesn't work, we will deal with Ma Hesha."
"Yes, I will arrange for someone to negotiate immediately and try to pry out some real things from them." The mama agreed resolutely.
...
So, after returning from the National Day holiday, Ma Hesha, who seemed to be living a normal student life on the first day of class, met two mysterious people on campus when get out of class was over in the afternoon.
The legal department of Apple Trading (Hujiang) Co., Ltd. has at least a little brain-strapped when sending people. Knowing that it is not the last moment of breaking face, it is more friendly to send two girls to chat, and it is not easy to be knocked away by Ma Hesha.
One of the visitors is a middle-aged woman in her thirties, who should be a female lawyer with some qualifications. The other is just twenty-five or six, who should be a new clerk in the legal department, who is just used to get closer to others."
At that time, Ma Hesha and her best friend Zeng Xuecai, who was in the same dormitory, had just left the piano classroom and were stopped in the corridor of the music building.
"You are Miss Ma Hesha, right? It's really a little more beautiful than what you saw on TV series. I'm very sorry for delaying your time." The female lawyer asked the young subordinates to go up and stop people and introduce their purpose by the way.
"I will introduce myself first. My surname is Xu, and I am an employee of Apple Trade. Just call me Xiao Xu. This is my partner, Lawyer Cai. We have some legal issues about your open use of IOS version of Weibo. I don't know if you can delay it?"
Ma Hesha was shocked as if humans and animals were harmless, but naturally shivered and trembled for a few seconds: "What are you doing? I won't accept an interview, please don't disturb my private life, and don't infringe on my privacy!"
The other party was speechless immediately.
What is this? Treat them as paparazzi? How come we are employees of the legal department of the top international giants and lawyers in law firms! They actually regard us as despicable as paparazzi?
However, the other party seems to be very sincere, and with the other party's current popularity, it seems that he is really qualified to say this to strangers who are blocking the road and asking questions...
Lawyer Cai and Xiao Xu could only admit that they were unlucky.
They adjusted their mentality and had to explain in a pleading tone, and also showed the power of attorney to the other party. Then Lawyer Cai emphasized:
"Student Ma, I hope you realize the seriousness of the problem: Sina Weibo's IOS version is not a legally authorized software on the IPHONE platform, which means that using this software is illegal! And if your phone can install this software, it means that the system has been cracked and jailbroken! That is also illegal!
Of course, we believe that you are not a person who intentionally violated the law - you don’t want to be prosecuted, right? If you can tell us what channel you bought your mobile phone and what channel it was cracked. Then we can not cause trouble for you and only hold those who make the cracked legal responsibility. Otherwise, we will not rule out the possibility of letting you bear the corresponding legal responsibility!"
After lawyer Cai finished his official intimidation speech, he was already full of confidence.
As a lawyer with ten years of industry qualifications, he usually threatens a few girls who are still studying, and these few words are enough.
However, Ma and Sa's reaction was far beyond their expectations.
"Cha? What are you talking about? I have no idea how to crack this phone, nor who cracked it. Girls, as long as they want to use it, yell, the software they want to use the next day will be installed naturally~ So I can't answer you.
Moreover, I have a senior friend who takes good care of me and is also a law student. He seems to have told me that cracking is illegal, but it is not illegal for personal use. Don’t scare me. Who should I listen to? Why don’t I let him talk to you? I’m very busy and I won’t be with you~”
Zeng Xuecai, who has always had no sense of existence like paper cutting, had a rare opening at this time, and just made up for it: "That's right, in college, beauties still need to understand software? Don't they all want to use it, and then complain in the QQ group, and then a boy will help you with it every minute? Lawyer Cai, are you too ugly? So no boys chased you in college, and you have never seen such a life. Tsk, it's so pitiful."
Lawyer Cai was so angry that his eyes were almost ignorant.
Chapter completed!