As a Lawyer, You Sent the Judge In? Chapter 82

Chapter 82 Penguin won't lose? Who gave you confidence? Get it you!

Su Bai has already known about infringement cases.

As for the reason why infringement cases are difficult to litigate, the main reason is the vague definition.

 What is the blurring of definitions?

  Means that in terms of judgment, it is difficult!

 Determine whether something is plagiarized or not.

 As for this determination, domestic laws are vague and it is not easy to define it.

 It is not easy to pin it down, but it is much easier to refute it.

 From the point of view of the argument of the plea.

What Chen Chao said is very reasonable. Based on this basis, ordinary lawyers have a high probability of losing.

 But he was facing Su Bai.

 Chen Chao was a little confused when he saw that Su Bai was not in a hurry. He didn't understand where the other party had such confidence!

 But I didn't think much about it.

after all.….

 Infringement cases….

 As for infringement cases, no one knows how to handle infringement cases better than him.

 The judgment seat, the seat of the presiding judge.

After listening to Chen Chao's statement, Cao Liqiang frowned slightly, looked down at the litigation evidence materials, and knocked the gavel after a few seconds.

 “The defendant has finished his statement.”

“Plaintiff, do you have anything to add or state to the defendant's statement?”

Su Bai took a long breath, looked up at Cao Liqiang at the presiding judge's seat, and said:

“Presiding judge, we have questions about the defendant's statement. We believe that the defendant's statement is unclear on several points and has led to certain misunderstandings about this case.”

 Chen Chao: “?”

 The statement is unclear and there are certain misunderstandings?

 What misunderstandings are there in his statement?

 Chen Chao frowned slightly, not understanding the meaning of Su Bai's words.

 Just listen.

At the trial stage, the presiding judge Cao Liqiang banged the gavel and said:

“The plaintiff can raise any objections in court. The plaintiff please state what points you think the defendant's statements are unclear.”

 At the plaintiff's seat, Su Bai pulled out a piece of litigation material and spoke slowly:

“We believe that the defendant's statement and rebuttal are in conflict with each other.”

 “Conflicts with each other, including the following points:”

“First: We are accusing Happy Match and Crazy Match of why the core gameplay is when three small animals are connected together to eliminate them.”

“The defendant's lawyer argued that the reason why three small animals were connected together for elimination was because the three small animals were interesting.”

“We believe that this is not a reason for the other party not to plagiarize, and it has no legal defense significance.”

"At the same time, the other party also argued that the "three" is not our originality, but the generality used by the public, so it does not agree that the Happy Elimination and Three Little Animal Elimination released by the litigant Holding Co., Ltd. is plagiarism from our core gameplay."

 “I have doubts about this statement.”

“Because according to the defendant's lawyer:”

“Crazy Xiaoxiaoxiang and Happy Xiaoyixiao, Xiaoxiaoxiang and Xiaoyixiao, these two are not complete, so they do not constitute infringement of our name.”

“Then, the litigant's lawyer came up with such a three to explain the elimination of your three small animals and the elimination of our three small animals. It is not original.”

“According to the defendant's statements before and after, isn't it contradictory?”

“The gameplay of Crazy Match and Crazy Match are three animals connected together to eliminate, and three animals connected together to eliminate. This is a main body. There is no separate use of originality and versatility.”

“Since our gameplay is original, then if the defendant plagiarizes our gameplay, does it mean it is universal?”

“Presiding judge, our statement is complete.”

After Su Bai finished speaking, he looked at the defendant's seat quietly.

Su Bai has already studied the defendant's litigation in infringement cases, so he also has a general understanding of its litigation methods.

 The key is to seize the other party's vulnerabilities.

 That's why he put the previous questions together. According to his calculation, according to the defendant's litigation habits, Tai Chi would definitely be used.

 Sure enough.

 The reality was pretty much what he imagined.

The defendant was doing Tai Chi crazily there just as he imagined, analyzing every question he raised.

 However, these two questions are inherently contradictory.

If they were separated, then there would be no problems at all with what the defendant said. In fact, what he said was so wonderful that no one could find fault with it.

 But if put together, there will be contradictions

 At the defendant's seat, Chen Chao frowned slightly. According to Su Bai, there was indeed something wrong with his expression just now.

It seems.

The other party's lawyer is more difficult to deal with than he thought!

 Chen Chao took a long breath.

Kong Hao on the side said in a low voice: "The other party's lawyer has seized on the loopholes in our statement. This has never happened before. What should we do now?"

 Chen Chao said: "What can we do? Continue to plead."

"The other party did seize a small loophole in our statement, but it is not a fatal weakness. At most, it will slightly affect the presiding judge's preference. As long as no key evidence appears, then who will lose in this trial? There's no telling who will win.”

"Um!"

Kong Hao nodded seriously and took a long breath.

 He always had a bad premonition. For now, the other party still had a certain advantage.

If the other party continues to expand this advantage.

The myth that Nanshan is 100% is going to be shattered, isn't it?

 In case it is discovered, it will still have a certain impact on the defendant.

By the time.….

never mind.

 I don't think about it anymore.

 Although the opponent now has a certain advantage, it only has the advantage for now.

 They are in Nanshan, but they have a 100% winning rate. How could they lose?

 After Kong Hao collected himself, he raised his head and set his eyes on the presiding judge's seat.

 After Su Bai finished his statement.

 Presiding Judge Cao Liqiang nodded slightly and briefly summarized the points stated by Su Bai.

 In the defense just now

 Apparently, Su Bai had the upper hand, and the defendant was at a disadvantage.

 He also has a certain sense of judgment in his heart.

  However, regarding the subsequent judgment issue, this still needs to be determined through the defense of both parties.

 Cao Liqiang let out a breath and looked at the defendant's seat.

 Twice.

After banging the gavel, he said:

 “Defendant.”

“As for what the plaintiff raised, your statement is unclear.”

“The unclear statement is that your understanding of originality is inconsistent with the gameplay mode and the name of the game. Do you have anything to express or any objections?”

Facing the question raised by the presiding judge, Chen Chao looked at the litigation materials calmly, and then said: "The presiding judge."

 “We have objections.”

“First of all, there is a problem with the focus of these two issues.

 The plaintiff proposed that the gameplay is plagiarized. The elimination of the three animals proposed by us does not constitute plagiarism. This point is to explain the plagiarism of the gameplay proposed by the plaintiff.

As for the name, what the plaintiff said did not express the completeness, so we will express it in accordance with the completeness. "

Su Bai twitched his lips after hearing Chen Chao's statement. The defendant's legal skills were pretty good.

 It's a mess.

Su Bai raised his hand: "Presiding judge, we raise an objection."

 Dong dong dong!

 “What objections does the plaintiff have?”

Facing the presiding judge's question, Su Bai spoke:

“Three” is indeed universal, but other numbers are also universal, but why does the happy match produced by the defendant have to use three animals to complete the match?”

 “Instead of four, five, six, seven?”

“Isn't it because Crazy Elimination produced by Nanyou Studio is about three animals connected together to eliminate each other, and it has been verified by the market, so the defendant directly copied it and used it?”

“Please give the defendant a positive answer to the questions we raised.”

this.….

In the defendant's seat, Chen Chao was silent for a few seconds and rubbed his temples.

Of course he knows why the happy game produced by the defendant must be connected with three animals before it can be played.

 Because in Crazy Elimination, three animals are connected together to eliminate each other, and this has been verified by the market, so you can use it as soon as you get it.

 He ​​accused the other party of plagiarizing the game, but he didn't care about other things as long as it could be verified by the market.

 Leave the rest to legal affairs.

  Anyway, the legal department can handle it.

Originally, Chen Chao thought he could handle it easily, but the other party insisted on this problem, which made him feel a little bit of pressure.

this problem!

 It's really hard for him to explain, but if he can't explain, the trial will not give him a chance.

 After all, the current advantage is not on his side...

　　His!

Chen Chao took a breath and reluctantly found a reason to state:

“We did not plagiarize and use three animals to connect and eliminate because we found through research that connecting three animals to eliminate is the most advantageous.”

 The judgment seat, the seat of the presiding judge.

 Chao Liqiang, as a judge who has a certain level of understanding of copyright, already had a general understanding and judgment after hearing the arguments of both parties.

 Hit the gavel: "After the statements of both the plaintiff and the defendant, we will now summarize the disputes between the two parties!"

 Cao Liqiang continued to speak:

“The current dispute between the two parties is whether the game Kaixin Xiaoyi Xiaoyi produced by the defendant is plagiarized from the game Crazy Xiaoyi Xiaoyi produced by Nanyou Studio.”

  “Summary of the core issue of the dispute: whether it is plagiarism of the game play mode.”

“Both the plaintiff and the defendant have a dispute on this point.”

Su Bai: "We have no dispute."

 Chen Chao: “We have no dispute.”

 “As for the core summary issue, both parties have no objections!”

 Cao Liqiang looked at Su Bai and continued: "The game mode of three small animals that are connected together and disappear like crazy. Is this the original creation of Nanyou Studio?"

Su Bai raised his head slightly and looked at the trial stand: "The crazy elimination game mode is unique to Nanyou Studio. There is evidence of this in the evidence we submitted previously."

 Dong dong dong!

Cao Liqiang looked at the defendant Chen Chao again: "The crazy matching game mode is unique to Nanyou Studio. Does the defendant have any objections?

If you have any objections, please submit relevant evidence or raise questions about its gameplay mode. "

 In response to the presiding judge's words, Chen Chao took a deep breath!

prove

 Can't take it out!

The defense just now is a defense, but there is really no proof.

Chen Chao said: "President, we still maintain our original view."

 After hearing what Chen Chao said, Cao Liqiang banged the gavel again.

“The crazy matching game mode is unique to Nanyou Studio and is controversial.”

“However, the plaintiff can submit relevant evidence, but the defendant cannot submit relevant evidence.”

 At the judgment seat.

After the presiding judge Cao Liqiang consulted the issue clearly, he took a look at the litigation materials and continued: "Does the defendant have any objection to this point?"

 Chen Chao shook his head: "No objection."

 Then, Cao Liqiang raised his head slightly and looked at Su Bai at the plaintiff's seat:

“Plaintiff, do you have any additional evidence or legal basis?”

Su Bai took a deep breath, knowing that he was preparing to determine whether it was classified as plagiarism.

According to the information provided by Li Xuezhen, Cao Liqiang currently has a tendency to judge plagiarism cases.

 The tendency is of course to move closer to him.

 It's time to go out and kill.

 “President, we have something to add.”

"Um!"

Cao Liqiang looked down at the litigation materials, then looked up at Su Bai: "What supplementary materials did you present to the plaintiff?"

“It is a related investigation, Chief Judge.”

Su Bai handed over the relevant investigation to the staff around him and continued to add:

“This survey was carried out under legal circumstances. Twenty passers-by were randomly selected to evaluate the two games.”

Cao Liqiang frowned slightly: "I would like to remind you that if the evidence submitted by the plaintiff is reviewed and found to contain any irregularities, the plaintiff will bear full responsibility."

“The presiding judge understands that all the materials we have self-certified from legal sources are included. If there is any non-compliance, we are willing to bear full responsibility.”

"Um!"

Chao Liqiang nodded and looked at the contents of the investigation.

Su Bai felt relieved when he saw Cao Liqiang checking the evidence.

 It can be said that it is a certainty that the defendant has plagiarized.

 It's not certain, it's at least 90% sure!

Although the investigation contents he submitted are evidence, they are of little use in determining plagiarism by the defendant Holding Co., Ltd.

 Su Bai had already said everything that needed to be said in the court hearing.

 Submitting these things, although it cannot be said that the defendant has been found to have plagiarized, it does have other effects!

 That is the tendency that affects the presiding judge!

look!

　　Everyone said that the two games played very much like plagiarism!

 It is impossible for the presiding judge to deny it from the perspective of cognition. These two games are not like plagiarism, right?

As long as the presiding judge has a little tendency, the tendency of this sense of identification will increase!

  In other words, when Cao Liqiang's tendency is to favor the defendant, break him over.

 This is the correct way for him to submit these evidences!

 (End of this chapter)

Chapter end