The golden morning light of Singles' Day shines on the solemn building outside Hanzhong Gate, like the holy judgment of the 3F Group.

Nearly a hundred journalists either received the hearing or had to surround the gate to wait for the latest news because of the number of people. However, everyone's face was filled with gloating and eager to try.

It's time to grab big news.

The "great" Apple actually wants to sue a group of ordinary consumers. This kind of thing itself is legendary, not to mention that the consumer even filed a counterclaim. And the reason for the counterclaim is unheard of.

In addition, the consumer's name is Ma Hesha, who is a small internet celebrity, and is between the second and third tiers of the entertainment industry (just consider popularity and traffic, not acting skills). Among her defense lawyers, there is Feng Jianxiong, who is now more talkative.

"Hey, Brother Lu, why did Apple sue an individual consumer? Isn't she a good-willed third party?" A young new female reporter from the rule of law version was obviously not skilled in business and couldn't help asking her senior colleagues around her.

"What kind of good-willed third person? Have you read the civil law in your dog's belly? The concept of being incompatible with each other! There is a nonsense kind-willed third person here."

A senior professional journalist called Brother Lu disdainedly criticized his female colleague, and then explained,

"This case is obvious. Apple just wanted to sue Sina. If Sina official disseminates the installation files, it will be fine. But Sina is not leaking, and Ma Hesha refuses to explain the source of the installation files, so it can only be presumed that Ma Hesha steals the installation or handles it himself. In addition, if the cracking team of the cracking system can be caught, it will be a big fish that can be hit.

But Ma Hesha was too stubborn and deliberately destroyed all the evidence of origin. He clearly wanted to take it by himself, which forced Apple to be in trouble and could only cause trouble for her - in other words, Ma Hesha took the initiative to ask for a slap in the face, and he was so nervous that Apple had no one to beat her, so he could only beat her in a helpless way. You think about it as Apple!"

There must be many laymen’s questions like this, but so many senior reporters were present, and they quickly calmed down after being digested and answered internally.

With the plaintiff and defendant and lawyer, the presiding judge arrived one after another, and the trial officially began after a simple ritual dialogue.

I won’t repeat the nonsense that declares litigation rights, anyway, it’s like that bird every time.

...

The invisible pressure like the lawyers of both the plaintiff and the defendant made the presiding judge Wang H feel uncomfortable all over.

"I'm leaving, and I'm still going to get into such a two-vote guy who's not easy to mess with. I guess he won't have a good end. Oh. I'm using me as a temporary worker, and I can take the blame any time if something happens."

Wang h lamented in his heart.

Wang H was originally a judge in the Civil Division of the Jinling Intermediate People's Court. However, at the beginning of last year, a case he handled suddenly caused a sensation across the country due to the intervention of the news media. In fact, the case itself is very simple, it is a traffic infringement case that is insufficient evidence and should be suspected. (The accident was not said to be caused because there was insufficient evidence at the time).

However, Wang H wrote some words in the judgment that were roughly equivalent to "If you didn't hit him, you wouldn't have sent her to the hospital" - although there is nothing wrong with this logic in the social moral category that Judge Wang H himself recognizes. At least nine out of ten subjectively believe in the theory of evil nature.

However, the legal slogan of "probable crime will never be ignored" / "whoever claims will give evidence" is openly contrary to social moral cognition. If you write such words into the verdict, it will be exposed by the media. Then wait until you don't die and you will lose your skin.

Later, during the two sessions last year, when President Gong from the province was still facing reporters in Beijing, he specifically answered the question, saying that the case had turned around, and the two sides later formed an out-of-court settlement and did not execute the first-instance judgment.

However, the case had already caused harm to the lower limit of social morality, and there was no way. The argument that "I am a rich man, so I dared to help the elderly" also started from that point in time, and a prairie fire broke out in the land of China.

Even the provincial leaders were frustrated, so Wang H certainly had no good results. But his mistakes could not be decided clearly, so he could only transfer from the Civil Court to the Third Court to the State Council for temporary judgment on some intellectual property cases. (Historical facts are not what my plot requires.)

Then, he heard his boss's words, and it seemed that once the time was ripe, he would be "aligned" to the Gulou District Judicial Office.

Well, but everyone knows that this kind of "equal adjustment" with the unchanging administrative level represents the hope of promotion and the peak of the future that will definitely vary greatly. A grassroots judge of the Municipal Intermediate People's Court will be transferred to a judicial office in the district. It is estimated that the legal aid for pork ribs will be managed throughout his life and organized legal consultation work in the streets.

Today, he, a guy who had been dealt with in a cold manner and was waiting for a smooth transition, was actually introduced by his leader to preside over the game between Feng Jianxiong and Apple, which was also a waste use - who made him happen to be in the intellectual property court? It's natural!

Obviously, his leader also knew that neither party in this case was easy to mess with.

"Please tell the reason for the complaint first." Wang H reluctantly cheered up for the cameras of various reporters and carefully asked Du Qiuming to express his opinions first.

"Dear Presiding Judge, our parties believe that the following facts are unquestionable: Apple and its subsidiaries involved in this case enjoy unquestionable intellectual property rights and business rights for online services such as iPhone series mobile phones, iOS operating systems, ITUES/App-store, etc.

As we all know, every consumer, no matter what channel he purchases, has learned about the relevant rights and obligations when purchasing. When he first starts up the iPhone and uses the Internet service, he will also be reminded to "accept" the relevant user agreement.

These user agreements have been considered reasonable and valid clauses in many judicial practices in China in the past, not overbearing clauses, nor do they have any problems such as "ambiguous understanding of standard clauses, and they should tend to interpret adversely to the provider of standard clauses".

After the defendant Ma Hesha and others purchased the iPhone through specific channels, they knew the above facts and clicked to accept the "user agreement", but they blatantly destroyed the iOS operating system they carried through illegal means, which is commonly known as "jailbreak".

Moreover, what is even worse is that the defendant also obtained some unauthorized software installation programs that have not been reviewed through illegal channels, which may belong to the installation programs of illegal software identified in my country's "Copyright Law" and "Computer Software Copyright Management Regulations", namely the "Sina Weibo App", which were used in its cracked iPhone-3gs mobile phone and were openly shared.

From the notarized Weibo evidence, we can see that the Weibo posts she shared openly show the suffix information such as "On a certain year, month, release on a certain day of a certain month, a certain day of the year, month, and on the other hand, Sina Weibo is not an application that has passed the review on the app-store. Therefore, Ma Hesha's open use not only infringes on the intellectual property rights and violates the user agreement, but also causes irreparable harm to the plaintiff's goodwill and technical authority.

There is evidence that many cooperation units currently being negotiated in China have cited the infringement facts of this case in an attempt to detract and reduce the price of its cooperation prospects with the plaintiff. These evidences were originally commercial secrets of the plaintiff, but in order to prove the relevant facts of this case, the plaintiff was willing to voluntarily disclose some relevant negotiation secrets and ask the presiding judge to ruling.

Therefore, we solemnly accused the defendant of infringing on the plaintiff's intellectual property rights such as "destroying computer information systems", and also infringing on the plaintiff's goodwill and technical authority. We applied for the court to sentence the defendant to immediately stop the infringement, publicly apologize on Weibo channels, and... compensate the plaintiff for direct economic losses of 5,000 yuan."

Du Qiuming's statement was passionate at the beginning. He was stingy with all kinds of condemnation words that could be used to condemn intellectual property crimes/illegal laws. When talking about legal reasons, his performance was not bad.

However, when talking about the final request, it was really a bit suspicious of raising it and gently letting go.

But what else can I do? After all, it is difficult for international giants to get a lot of money and water to complain about such things.

Moreover, even if Ma Hesha fully acknowledged all the facts, the money damage corresponding to her tort liability can only be defined as so much. It is impossible for someone to buy a mobile phone for 5,000 yuan and toss it as an individual consumer, but in the end she said that the compensation she caused was many times higher than the money she bought a mobile phone.

At least, the public's level of understanding is limited.

Apple really wants to burn Ma and Sa. Feng Jianxiong’s money is the key to relying on litigation fees to waste Feng Jianxiong’s time.

Before coming to court, Ramond even gave Du Qiuming a face-to-face message: compensation is just a gesture of pretending, and Apple is not short of money. The key is to occupy a morally righteous position, force the other party to stop infringement, and publicly apologize.

This is the greatest significance to Apple: being able to establish authority and paying more money to other partners who are counting on Apple's closed system and audit mechanism, can boost confidence in cooperation and increase the bargaining chips for Apple's cooperation operators entering China on iPhone 4.

"Defendant agent, do you have any objection to the plaintiff's request?" After Judge Wang H confirmed that Du Qiuming had no other first statement, he turned to Feng Jianxiong.

"Dear Presiding Judge, we have nothing to argue about most of the factual judgments raised by the plaintiff - the mobile phone was bought by my client, and she cracked it out under "indirect intentional indulgence" and installed the target software. The use process was also what she insisted on using even though she knew the consequences - none of these were objections.

However, we think there is a big problem with the value judgment of the plaintiff's agent on these facts and the application of the law - because the plaintiff's losses caused by the actions carried out by our parties cannot be classified as a "debt of infringement" in civil law, but only a "debt of breach of contract liability". Therefore, I think the requests of the plaintiff's lawyer in the end, such as "stop infringement, apologize" are simply nonsense!"
Chapter completed!