It takes as long as one or two months to wait for the Supreme Court to discuss and make judicial interpretations behind closed doors. If the difficulties are more complicated, it is possible to be longer.

However, it does not mean that if there are laws and regulations that need to be waited for the central government to explain, the trial of the case cannot continue.

After all, there may be more than one difference in a case.

While waiting for the interpretation of a law, the rest of the case can still continue to play and gradually figure it out.

This is the actual operating status of major cases involving judicial interpretations.

However, Feng Jianxiong is not afraid of being delayed. Anyway, every business he has a relatively flexible occupation of time. Over the years, the strong women around him have also become the ability to stand alone.

When he was free, he looked at the files, studied other business countermeasures, or published books. When he was busy, he would leave the court and throw the business to Zhou Tianyin, and Tian Haimo would take care of it with all his power.

If the topic of the trial was not very important, Feng Jianxiong even let Yu Meiqin appear alone in court to deal with Du Qiuming.

Especially Feng Jianxiong's largest cash cow, the legendary web game business. Because his strategy of "using big data to moderately infringe on celebrity endorsement rights and obtaining differentiated customer acquisition cost advantages" set at the beginning of the year has not been seen through by his peers who are jealous of web games. Therefore, although the profit margin of this part is not as high as that of the end of last year, it is still very stable and guaranteed.

Even if Feng Jianxiong didn't ask about it for more than half a year, he could maintain it with Zhou Tianyin and his team alone.

Moreover, with the booming development of the paid web game market, Feng Jianxiong can now have a net profit of 100 million or 200 million almost every month, and his cash flow strength has steadily increased. Last year, Feng Jianxiong's net profit was only a few tens of millions per month.

Until 2011, the domestic paid web game market has been growing steadily.

So, even if Du Qiuming wants to play with him some other evil people and spend money to bribe someone, Feng Jianxiong is not afraid anymore - every month he delays, his money will be a lot more.

Time seems to be mid-May.

The Jiangnan Provincial High Court has also held a third courtroom in total.

As the plaintiff's attorney, Du Qiuming also put in great effort to fight Feng Jianxiong at every possible point.

He wanted to be worthy of the attorney fee he received and also worthy of the biggest commission in his life.

Even though he had gradually learned about Feng Jianxiong's true strength and knew that Feng Jianxiong had the ability to get things to the top, even in a game of chess at home and abroad, Du Qiuming was still gritting his teeth and fighting back.

"If the Supreme Court really gives an explanation that is unfavorable to us, then the legal interest rank of 'the absolute dominance of the people over property' will be judged to be higher than the rank of 'compliance with the interests of commercial contract'. In this case, according to the original characterization, it will definitely be unfavorable to Apple. Because the means of claiming for 'breach of contract liability' must not violate the right to control the property rights.

However, if I can find a way to muddle the water a little more and deny that Ma Hesha’s behavior is a ‘breach of contract liability’ and rise to ‘contract negligence liability’, then there is still a glimmer of hope. However, the probability of success of this move is really not guaranteed. With Feng Jianxiong’s ability, it is difficult to collect evidence and identify it…”

This thought was Du Qiuming’s plan before the third trial.

As for the reasons and foreshadowing of evidence to be used in this angle of refutation, he buried it in the initial response to the complaint, and it was not considered a sudden attack.

However, in the first two trials of the second trial, Du Qiuming had not yet reached the level of applying for the Supreme Court's explanation, and the probability of winning by relying on other tricks was already quite high, so he had not used this last move.

Let's fight to the end.

...

May 17, a Monday.

Jiangnan Provincial High Court, Civil Division 3.

The third trial of this case.

Ma and Sa rarely felt nervous when they sat in the dock.

Because the brother Xiong she trusted today did not come, only Sister Mikoto accompanied her to appear in court.

I heard that Brother Xiong was jumping and running around the capital, having friendship with top scholars from various legal circles, and asking someone to post papers to discuss the current Eff counter-claim case in the United States.

In the academic community, it is more important than appearing in court. Although the court has banned discussions of cases under trial, Feng Jianxiong has no right to directly express relevant public opinion to the media. However, the court system cannot prohibit the academic community from discussing another or several similar cases abroad.

This kind of indirect force has a very impressive final push effect.

The overall situation is the most important thing, and Ma and Sa can only endure it.

"Don't worry, I know what Du Qiuming's plan is today. It's enough to have me here." Yu Meiqin patted Ma and Sha's hair with great enthusiasm and encouraged her unwillingly.

She was still very confident in herself, not to mention that every court trial was known in advance, not a surprise attack. Although Feng saw Xiong was not there, she was still confident that she could withstand Du Qiuming's counterattack alone.

It can even be said that Yu Meiqin was a little excited. She had been waiting for this opportunity to stand alone in a major case for a long time.

But why can’t Sasa always trust “Sister Mikoto” like “Brother Xiong” who believes in her?

When Yu Meiqin was slightly distracted, the court clichés in the court had been finished. Du Qiuming's last round of proactive counterattack began.

Du Qiuming stood up and glanced at the audience before expressing his opinion.

Perhaps because the trial was too much, the reporters had no big news to dig, and there were much fewer people than when the second trial was first held.

The public is just watching the excitement, not the boring legal debate.

The decrease in onlookers made Du Qiuming feel better.

Because he knew that the sophist he was going to say in a while was a double-edged sword.

Legally speaking, it can certainly add points to his employer and Apple.

However, even if this move is successful and if it is widely publicized, it will leave a bad impression on Apple at the domestic consumer level, which poses certain risks to goodwill.

Now that no one pays attention, let's try it.

"Dear Presiding Judge, we have different opinions on the characterization of the behavior of the defendant Ma Hesha identified in the first instance and request a statement."

"During the trial of this case, the defendant's agent repeatedly emphasized that Ms. Ma Hesha's original behavior of "purchasing Apple's iPhone-3gs mobile phone and cracking it and sending Sina Weibo on this platform" was a "consumer breach of contract".

However, with the deepening of the investigation in this case and the increasing disclosure of the previous actions of the defendant and his agents, we have reason to believe that Miss Ma Hesha had already had ulterior motives and malicious intentions when purchasing the mobile phone.

She broke through layers of obstacles to buy iPhone-3gs that were difficult to get in mainland China at that time. I am afraid that the original purpose was not to use it normally, but to deliberately slander Apple's goodwill and market image.

Therefore, even if Apple's sales office believed her purchasing motivation with good faith and sold the mobile phone to her in a format contract, it should not constitute a normal contractual relationship. Her later violation of these "so-called contracts" should not be classified as "breach of contract", but should be "contractual negligence liability" - to be precise, it is the "contractual negligence liability" summarized in "tort liability"..."

Du Qiuming's words are still very long afterwards.

The few reporters watching the fun in the venue didn't understand the logic here very well.

However, Yu Meiqin, who was fighting with him, understood it as soon as possible.

"Sister Miqin, what does he mean?" Even the person involved, Ma Hesha, couldn't help but ask Yu Meiqin to explain to her.

"His general intention, roughly speaking, is to compare you to the counterfeiter who was "not considered a consumer, so he cannot be protected by law." Of course, I am just giving an example, and the legal principles are far different. Don't worry, he is just stating a subjective motivation, but the evidence is insufficient."

Yu Meiqin roughly analyzed Ma Hesha softly.

It turns out that, in other words, according to Du Qiuming, he believed that the reason why Ma Hesha bought an iPhone phone was probably not for normal use of iPhone phones.

It is not even intended to attract attention by using the Weibo suffix "This Weibo post is published using the iPhone-3gs platform" to attract attention and attract scarcity to change fan traffic.

Du Qiuming believes that the reason why Ma Hesha bought this mobile phone was to "be conspiracy and planning for a long time" and to "harm Apple's goodwill" and create a social influence in mainland China society that "Apple's ios and app-store system is easily compromised by consumers", thereby harming the cooperation confidence of the majority of software competitors who are ready to form strategic cooperation interests with Apple."

This statement is comparable to those who think that "because you, Wang H, is engaged in combating counterfeiting, and you make a lot of money by double compensation after buying counterfeit goods. So your purchase behavior is not for consumption, but for ‘management’. Therefore, you are not worthy of being classified as ‘consumer’, and your behavior cannot be classified as ‘consumer’. The double compensation clause of the Consumer Rights Protection Law should not apply to you. You are aware of fake buying to hit the cart." It is much more powerful.

In Du Qiuming's description of the chaos, Ma and Sha became a commercial spy sent by Apple's hostile company to give up eye drops and expose the black news.

...

After listening to the concise translation of Perfect Qin Sister, Ma and Sha were both shocked.

When did I become a commercial spy who "deliberately wants to blackmail Apple's goodwill"?

She also wanted to ask questions like "What will happen if the other party achieves my goal in this way?"

However, Yu Meiqin had no time to pay attention to her because she needed to organize a rebuttal immediately.

Ma Hesha could only temporarily press the question back into his stomach.

However, not many reporters in the stands are all idiots.

For example, the lay female reporter who came to interview in the first trial and the "senior knowledgeable narrator" Lu, who she often pursued, was still present this time.

"Brother Lu, if Du Qiuming successfully proves that the responsibility Ma Hesha should bear is not 'breach of contract liability' but 'contracting negligence liability', then what will happen? Why did Du Qiuming try so hard to fight for such a seemingly innocuous title?" asked the lay female reporter.

"What is a bad reputation? You know nothing! The tricks here... are so sinister!" Jun Rushi, the commentator called Brother Lu, replied.

...

"The liability for contractual negligence, in a simple but inaccurate manner, generally refers to the legal liability that one party should still bear after the contract/contract is not established, or after it is invalid from the beginning.

For example, if you sell my house and the contract is signed, I also paid a deposit of 100,000 yuan. In the end, you regret not selling it. Then you bear the liability for breach of contract. If you give me the deposit of 100,000 yuan and pay me an additional 100,000 yuan, the matter will be resolved. If I want to force you to perform the contract, the law will not support it. If there are terms and conditions, you can only follow the agreement.

But the liability for contractual negligence is different, because before the contract is established, there are other statutory illegal acts, which will lead to the inability to become a contract at the beginning. But at the same time, these explicit and legal acts have caused losses to me, so I want you to accompany me-

At this time, because the ‘contract’ does not exist, the way I ask you to take responsibility is naturally more flexible and diverse than the liability for breach of contract. We can include the models of ‘stop infringement’ and ‘compensation according to actual losses’ according to the principle of compensation.”

Commentary Brother Jun Lu showed off to the cute new female reporter next to him, and finally let the audience in the stands understand.

Although his words are still simple and inaccurate, it is roughly: if Du Qiuming wants Ma Hesha to bear the responsibility by taking the responsibility by "stop infringement and apologize" such as "stop infringement and apologize", then Ma Hesha's "breach of contract liability" must be far-fetched to "contractual negligence liability".

(If it can be far-fetched and become "tort liability", it would be even better, once and for all. But the risk that cannot be done is too great, so Du Qiuming retreats to the second best, and can be far-fetched to "contracting negligence liability". In the field of civil law and contract law in our country, "contracting negligence liability" is roughly an intermediate form between "fraud and tort" and "breach of contracting liability". However, when legislation was incomplete in the past, "contracting negligence liability" was generally summarized under "tort liability".)

"In addition, if there are clauses for resolving a breach of contract dispute in the contract, then even if the contract is invalid or revoked, the terms for resolving a breach of contract dispute in the contract dispute are still valid. There is also a pitfall here, and the defendant's lawyer Yu must skip it. However, I believe that all the media people can see that a top lawyer like others will definitely not step on it, and there is nothing to say."

Another commentator next to me who was quite knowledgeable could not help but show off to the beautiful newbie and added a point that Brother Lu had not mentioned just now.

In a nutshell, Du Qiuming tried to find a way to destroy the loudest sentence that Feng Jianxiong once shouted "I know I have caused you to suffer losses, but I insisted on continuing to breach the contract while following the user agreement, and continuing to cause losses to you."
Chapter completed!