As a Lawyer, You Sent the Judge In? Chapter 81

Chapter 81 Penguins are great, but I am even better at studying penguins!

At the presiding judge's seat, Cao Liqiang looked at the litigation materials in his hand expressionlessly and frowned slightly.

 Then he looked at the defendant:

“The plaintiff has finished his statement. Now let's invite the defendant to make a statement on the lawsuit application.”

Chen Chao sorted out the materials for the lawsuit and his emotions at the same time, and then said:

“We raise objections to the litigant's request.”

“First, the litigant claimed that we plagiarized. We denied this and raised questions. How did the other party determine that we had plagiarized?”

“Second, the claim made by the litigants that we used our huge size and platform to monopolize and promote unfair competition because we refused the litigants' cooperation is even more untrue.”

“We have never done this kind of behavior at all, and removal from the platform is an internal rule of the platform.

 So the things raised against the litigants that infringe upon the rights and interests of the litigants are entirely “self-perceived” by the litigants.

 This self-conception has no factual basis. We believe that the other party's request to relist it should be rejected. "

When Chen Chao finished reading the second point, he raised his head and glanced at the litigant's seat, then looked down at the litigation materials and continued:

“Third: Based on the first point, we did not plagiarize. The damage to the interests of the litigant was entirely due to factors caused by the other party. We also failed to guide public opinion and did not bear the responsibility. We applied to reject the litigant's request.”

“Fourth: The costs related to our application for litigation shall be borne by the losing party.”

“Presiding judge, we have finished our statement.”

 After Chen Chao finished his statement, he looked up at the presiding judge's seat.

Chao Chen's rebuttal argument is simple.

 First: We didn't plagiarize, second, we didn't plagiarize, and third: we still didn't plagiarize!

  In summary, it all means the same thing. We did not plagiarize it.

 And we do not have any violations. The removal is because you violated the rules, not because I engage in monopoly.

 Tut.

If this is said, who will believe it?

 Now that it has been brought to court, these views must be well-founded.

 It's just that the defendant's statement was very deliberate.

 Lawyer fees are borne by the plaintiff to increase the plaintiff's litigation costs.

have to say.…

 The defendant has a good way of dealing with legal matters.

At the plaintiff's seat, Su Bai saw Chen Chao's eyes falling over, and the two looked at each other.

Li Xuezhen whispered: "Lawyer Su, just fight your case well..."

 “Leave this person to me to keep an eye on...”

“Lawyer Su, I have already mastered the practice, and I will focus on the fate of someone's demise during the trial…”

Su Bai: “?!?”

 As a lawyer with a higher education, can you tell me your fortune?

 Good guy!

  6.….

 “Ahem.”

Su Bai coughed dryly: "Stop staring now."

"profound."

Li Xuezhen's tone was low, and then she didn't know what she thought of and said happily: "Then I'll keep an eye on it later."

Okay very 6!

This pure and stupid female college student is completely crooked now!

Su Bai took a deep breath and didn't say anything more. He just thought silently in his heart: This shouldn't be caused by me, right?

Um!

 Absolutely not!

How could he, an upright lawyer like him, teach such a crooked and pure female college student?

Su Bai comforted himself in his heart.

At the presiding judge's seat, presiding judge Cao Liqiang lowered his head and looked at the litigation materials.

 After making a mental summary of the lawsuit applications of both parties.

 Then he looked up at Su Bai who was sitting at the litigant's seat and spoke slowly:

“After the party being sued has made its statement, the litigant is now requested to present new evidence, factual basis or legal defense based on the evidence provided or in court.”

 Dong dong dong!

 The gavel struck.

Presiding Judge Cao Liqiang's eyes fell on Su Bai.

Su Bai realized that the first key point had arrived!

The most critical point in this lawsuit lies in one aspect, that is, the defendant did not constitute plagiarism!

 But the problem is...

Is it difficult to define the point of plagiarism?

 Especially in the case of copyright and this type of infringement, the law is still very conservative in its judgments.

  And when the defendant is very good at Tai Chi...

The general meaning of Tai Chi is to blur the relevant definition issues of infringement cases.

 This allows the presiding judge to make a conservative judgment and win the lawsuit.

Su Bai has studied his tactics, and his Tai Chi skills in infringement cases are not particularly fierce.

It's just Tai Chi! He will too!

Su Bai took a deep breath and then said:

 “presiding judge”

“As the defendant stated that it did not plagiarize, I would like to apply to ask the other party's client a few relevant questions?”

ask questions?

 This is not playing according to the routine!

 Chen Chao and Kong Hao frowned slightly. Usually when the other party's lawyer asks a question, it's either a trick or a mental attitude.

 Faced with Su Bai's application, Chen Chao and Kong Hao were both prepared to respond seriously.

At the presiding judge's seat, Cao Liqiang banged the gavel and said, "The application is approved!"

Hearing that Cao Liqiang approved his request for questioning, Su Bai turned his attention to Chen Chao in the defendant's seat and asked.

“I would like to ask Attorney Chen how to define copyright plagiarism?”

Chen Chao frowned slightly, thought for a while, and after making sure there was no trap, he said:

“According to our country's judicial regulations, there are four criteria for identifying copyright plagiarism:”

 “1: Look at the time before and after the release of the work.”

  “Two: Whether the work is original.”

“Three: Look at plagiarism and whether the objective conditions for plagiarism are met.”

“Four: Compare the features of the works and see if the characters, plots and gameplay are the same.”

"The definition of game plagiarism is code, text, art and other elements. It includes plagiarizing the names contained in the game or the names within the game. Finally, it refers to whether the plagiarism of the gameplay is original."

After hearing Chen Chao's answer, Su Bai nodded slightly, and then continued to ask the second question:

“I would like to ask, Lawyer Chen, what constitutes unfair competition?”

 Chen Chao frowned slightly. Although he didn't know what kind of medicine Su Bai was selling in the gourd, he still said:

“There are seven conditions for unfair competition in our country:”

“1. Fraudulent transactions. 2. Improper business practices. 3. False advertising. 4. Infringement of trade secrets. 5. Predatory pricing. 6. Deceptive sales with prizes and huge prizes. 7. Defamation of the other party's business reputation.”

 After finishing his answer, Chen Chao raised his head slightly and raised his hand to look at the presiding judge.

“Presiding Judge, I have already answered the plaintiff's question.”

“But my answer doesn't seem to have much to do with this case, so I applied to the plaintiff's lawyer to stop questioning me.”

 The previous questions are all simple legal questions, and the answers will not have much impact.

However, if the other party continues to ask you step by step, you may be thrown into a trap by the other party at any time.

so.

 Chen Chao decisively seized the opportunity and applied to interrupt Su Bai's question.

 Dong dong dong!

At the presiding judge's seat, Cao Liqiang banged the gavel: "The defendant's application is approved. The plaintiff should stop asking questions and continue to make statements."

 “A good judge.”

Su Bai took a long breath and nodded slightly.

I have to say that Penguin has a lot of legal experience!

It is impossible to dig a hole, so you can only use hard force to break the wings of the little penguin.

At this time, Chen Chao noticed that Li Xuezhen had been looking at him intently.

However, he didn't think too much, but focused on Su Bai, wanting to hear Su Bai's statement.

 At the plaintiff's seat.

Su Bai spoke slowly: "The legal provisions that Lawyer Chen just said are correct."

“According to the definition and definition of game plagiarism: code, text, art, including internal character names, these are key factors, but!”

  “For a game, the most critical thing is one thing.”

“The core point of a game! The core of a game lies in its gameplay. Plagiarism in gameplay is the key to game plagiarism.”

"first."

“The gameplay of crazy elimination is a gameplay mode uniquely created by our client, Nanyou Studio.

 Can the defendant explain why our mini-game Crazy Match has three animals connected together and disappeared, while your Happy Match also has three small animals connected together and disappeared.

  Why not four small animals disappeared together, or five small animals disappeared together.

But like our Nanyou Studio, three small animals disappeared together? "

“This is clearly the result of Penguin Holdings Co., Ltd. plagiarizing the core gameplay of crazy matching created by Nanyou Studio.”

  “Similarly.”

“In terms of naming, we are canceling, why are you choosing a name?

In people's public perception, elimination is elimination, and elimination is also elimination. We believe that the other party is stealing the core elements of our name! "

“Another point is that the overall framework of the game Happy Match produced by Penguin Holdings Co., Ltd. is roughly the same as that of Crazy Match produced by us. Isn't this plagiarism?”

“According to the evidence that has been submitted, the gameplay of Crazy Match and Happy Match are extremely similar.

Although Penguin's Happy Match has some changes in code, text, art, and some details.

 But the gameplay is essentially plagiarism. This is plagiarism of the core points of the game! Both belong to game plagiarism. "

“So we apply for a judgment that the mini-game Kaixin Xiaoyixiao produced by Penguin Holdings Co., Ltd. plagiarizes the mini-game Crazy Xiaoyixiao produced by our Nanyou Studio!”

“Presiding judge, we have finished our statement.”

 Dong dong dong!

At the presiding judge's seat, after listening carefully to Su Bai's statement, Cao Liqiang banged the gavel: "The plaintiff has finished his statement."

 “Now let the defendant make a statement.”

 After listening to Su Bai's statement, Chen Chao smiled.

What Su Bai is talking about is not exactly the same as the previous accusation against Penguin. It can only be said that they are 80% familiar.

 To sum it up in one sentence, I have seen so much that I can know how to answer even with my eyes closed.

 Chen Chao sorted out the materials he had prepared and then slowly said: "We have the following answers to the plaintiff's questions."

“The first point is about the core gameplay proposed by the plaintiff.

First of all, the core of the gameplay mentioned by the plaintiff is that three small animals are connected together to eliminate them, and the Happy Match produced by Penguin also involves three small animals being connected together to eliminate them. "

 “We raise objections on this point.”

 “To raise objections, there are the following points:”

“First: Why are there three small animals, why not four, five, six, seven, and eight? That's because we think these three small animals can better reflect the fun of the game.”

“And among the three small animals, why is it three instead of three in the concept of four, five, six, seven and eight? This three is universal and there is no originality.”

“According to the law, originality means novelty, but three is just a number and does not have originality. Nanyou Studio can't say that three of the three animals are theirs, right?”

“Small animals are connected together to eliminate them. This one is also original, because comparing the two games.”

“First: The small animals included in Crazy Match include little bears, little tigers and other animals.”

“But the small animals included in Happy Match are: little lions, penguins and other animals, which are completely different from the animal elements of Crazy Match.”

“Second point: Regarding the name issue mentioned by the plaintiff, we believe that there is a certain problem with the plaintiff's focus. Crazy Xiaoxiaoxiang and Happy Xiaoxiaoyixiao are the names of one complete entity.”

“Although the meanings of Xiaoxiaoxiao and Xiaoyixiao are similar, if the first two words are erased, it will not be considered a subject!”

“So, regarding the name mentioned by the plaintiff, we believe that there is no act of stealing the name of the plaintiff's game.”

“The third point is the overall framework. According to the styles of the two games, the overall framework is universal and does not have original elements. Therefore, we believe that the plaintiff's application should be rejected.”

 Chen Chao finished his statement slowly.

At the same time, I also took a long breath. Judging from the current situation, the other party is about the same level as the lawyers in previous lawsuits. There is a high probability that this lawsuit can be won.

 After Chen Chao finished his statement, Su Bai also raised the corner of his mouth slightly.

 Through Chen Chao's statement.

  It can be seen that Penguin has studied this kind of infringement lawsuit very thoroughly.

but

 He also studies penguins very thoroughly!

Su Bai has studied Penguin's plan to deal with infringement cases thoroughly!

penguin? Come on, let's have a good touch!

 (End of this chapter)

Chapter end