Chapter 197 You've been beaten by me, it's enough for you to blow it for a lifetime
June 8, 2010.
Jiangnan Higher People's Court.
After more than half a year of hard work, the sacred moment is coming.
"...This court believes that based on the existing evidence and the facts ascertained, it should be determined that the plaintiff's restrictive claim on the way of exercising property ownership claimed by the defendant is not valid. Moreover, the plaintiff's such claims against the consumer and the subsequent adjustment of the terms of the user agreement constitute an obstacle to the overall situation of the consumer's property ownership...
This court ruled that the plaintiff's right to 'judgment that he has the right to restrict the defendant from using a mobile phone equipped with a cracked version of the ios system' is unfounded. However, the plaintiff may exercise the right of relief to the defendant's violation of the user agreement within the scope permitted by law..."
"... The defendant claimed that the claim that the plaintiff's relevant unfair terms in the user agreement was invalid. Since the current laws in our country do not have provisions on public interest litigation, it is unfounded in accordance with the law and is also rejected. The rulings in this case are limited to individual cases..."
The lengthy verdict, thirty or forty pages, read one page in five minutes, and it took half a morning to pass - there are still many appendixes that have not been read.
In fact, in many ordinary civil cases, if they cannot be judged immediately after the debate, they will choose to pronounce the verdict regularly. At that time, they will notify them and send the verdict directly. Basically, they will not waste everyone's time. They will hold a special court to summon everyone, and then just read one verdict.
When "verdict in court" is applied, there are often substantial contents and gains of the court debate on the same day, which is enough to affect the immediate decision.
Today, the case between Ma Hesha and Apple is purely because the social influence is too great, so there is no "substantive" debate between the two sides, so we still have to find and read it together.
Of course, it is limited to "substantive".
The "theoretical" debate still exists, because the Provincial High Court is still responsible for fully conveying the spirit of the Supreme Court's interpretation reply to both parties and agents. However, after the communication is completed, the agents of both parties have no chance to resist, and just be beaten and stand firm.
As the reading ended, the slight clicking sounds on the audience seats were heard.
After all, it was noon, and the court was very considering the solemn nature of the environment. It specially chose a courtroom with large windows on both sides and very good lighting to pronounce the sentence.
The picture is to let the media friends give some face, and not to flash the spotlight, making it look like the Kodak Theater, destroying the sacred and solemnity of the court.
"I was actually turned over by Ma and Sha!"
"What the hell is the explanation of the "Property Law" mentioned before the verdict! Why can't I understand at all!"
"Article 4 of the Property Law: The property rights of the state, collective, private, and other rights holders are protected by law and shall not infringe on any unit or individual.
Article 7: The acquisition and exercise of property rights shall abide by the law, respect social morality, and shall not damage the public interests and the legitimate rights and interests of others. The law protects it, and no unit or individual may infringe on it, except as otherwise provided by law.
Article 23: The establishment and transfer of movable property rights shall take effect upon delivery, except as otherwise provided by law.
Article 35: If a property right is obstructed or a property right may be obstructed, the right holder may request the removal of the obstruction or the elimination of the danger.
There is a big explanation for these four points? I understand every word literally, and I can understand every sentence when it is connected! Why does it feel like it becomes a heavenly book when it is applied? After a long time of trouble, there are only a few principled general outlines, and it can be drawn for half a year? So many legal value levels are drawn out?"
"It's so amazing. Someone can stand up so hard to say to an international giant like Apple, 'I'm breaching the contract, but I just want to give up the warranty while insisting on violating it to the end'. It's so domineering."
Countless whispers will soon be gathered into business reviews and legal review articles, landing in the space of well-known bloggers, or the cover article titles of top financial and commercial weekly magazines.
It has to be said that ordinary journalists and the melon-eating crowd responded to judicial interpretations very slowly, so they were so surprised. Until the last moment, they still thought that "maintaining the original judgment" was a high probability event.
The final conclusion of course made the entire public opinion burst.
However, except for a few stubborn and deadly hardcore fans, most people are still willing to accept the legal principles behind this.
After all, Feng Jianxiong was the justice of the way of heaven and the vicissitudes of the world.
Du Qiuming looked desolate and turned his head to one side with gritted teeth, as if he didn't want to be photographed, and was embarrassed to squeeze out and flee. The disgusting feeling was that it was not to stay or not - he knew at least that if he didn't leave, the reporters could at least not rush to the plaintiff's dock and put the microphone to his mouth.
When Feng saw Xiong and Yu Meiqin, he sat quietly opposite him without provoking, but just looked at him very gentlemanly/sistantly.
Finally, when Du Qiuming finally left, Feng Jianxiong intercepted him in the corridor and handed him a cigar.
"Director Du, we have no grudges or grudges. The one who designed my woman was Liu Chuandong's old cannon, and it has nothing to do with you. I understand. You just took the initiative to come to the door and got cheated twice in business. How could I mind? So, don't have a psychological burden. As long as you don't want to continue giving away heads, I won't cause trouble."
Du Qiuming heard it almost caused smoke to appear in his seven orifices, but he could not refute it.
Is there really no need for Feng Jianxiong to hold a grudge against him?
Because Du Qiuming was incompetent from beginning to end, Feng Jianxiong suffered even a little loss. He also gave him a lot of equipment experience and money.
How could a person hate a wild monster who gave birth to a head?
Seeing that he had not yet come out of adversity, Feng Jianxiong could only do his last effort and patted Du Qiuming on the shoulder very sincerely:
"Look at the problem from a different perspective. Earthlings, you are the first monster I personally killed after I officially obtained the lawyer's certificate. You are actually qualified to be obtained the lawyer's certificate. Feng Jianxiong, who has unlocked the skill of becoming a regular, will kill you with your own hands, enough for you to brag for the rest of your life.
In the future, other lawyers who are qualified to unlock this achievement will definitely be higher than you and will not be lower than you - now, a guy lower than you, I will let Sister Mikoto go in seconds, and will not take action personally. A worse opponent may let Nicole go in seconds."
Du Qiuming's face turned from red to white, from white to green, from green to purple, and finally spit out a mouthful of old blood.
...
"It actually...it's really...it's finally...win!"
Yu Meiqin forced her high-spirited posture and fled into Feng Jianxiong's car. She let out a long sigh and couldn't help crying.
She didn't even sit in the passenger seat as usual, but hugged Ma Hesha in the back row and sobbed.
This situation is so dreamy.
Although he already knew the result, the shock of the atmosphere still made Yu Meiqin feel like a dream.
That is a kind of emptiness that doesn't know where to go for a moment.
It's hard to describe in words.
However, if there is a person who has experienced life experiences such as "Liver/Kry an online game for many years and finally suddenly realizes the ultimate boss/achievement, and realizes it is boring."
For example, if someone spent several years in the World of Warcraft TBC era, the world's sun well was down, and the flowers and applause were numerous online touted. But after a year and a half, I found that Wlk was opened again, and the achievements and the quality I had won had no value, and maybe I would have had such a great enlightenment.
As a lawyer, the highest level opponents that can be killed in his life are nothing more than Apple, Google, Amazon, and at most Microsoft and Qualcomm.
Now, following Feng Jianxiong, Yu Meiqin has achieved her peak life achievement of "speaking up for justice" ahead of time. What are you doing next? Why is your eyes shining brightly, and you can't find where the next NPC to take on the task even if you blinded it?
Once upon a time, the sea was hard to make water, but the heights were cold.
No one sent a task to Yu Meiqin, and she asked her to find it herself later.
Ma Hesha was also very moved and excited. However, her touch was not for herself, but for putting herself in her shoes and pride in Feng Jianxiong: Brother Xiong is awesome, a man who can turn into an impossible person... Bah bah bah bah bah, why is it so unlucky? How could Uncle Mu's Flegg stand indiscriminately!
Anyway, she was just proud of Brother Xiong and cried with joy.
The two girls who didn't know what they thought were rubbing each other with different emotions and with the same tears.
The grassland gate was not far from Mochou Lake. Feng Jianxiong blocked four red lights and arrived within 15 minutes.
Until he parked his car into the garage, the girls in the back seat were still there to complain and talk to each other and gossip.
Feng Jianxiong chose to understand very considerately. He did not pull out the car key, but just put an authentic light music CD into the car audio and video, and turned the volume so that the girls could fully release it and finally calm down.
Of course he knew that few people have heard of CDs these days, and loading CDs on luxury cars is a waste.
But when life reaches a certain level, isn’t it just to waste something different from others?
When Yu Meiqin's mentality recovered almost, Feng saw that the volume was just right, and opened the rear door. He held Yu Meiqin's hand very gentlemanly and helped her get out of the car. He also patted the girl's shoulder:
"You just started by relying on eloquence and being chivalrous. Don't treat the lawsuit as everything. Your potential to correct the influence of society is much more effective than in court. Follow me and think about how to make good use of this lawsuit and completely hack Apple's goodwill. If you win the lawsuit, lose the social impact, and still get no benefits, I, Mr. Feng, will not do it."
After Feng Jianxiong's gradual persuasion, Yu Meiqin immediately ignited a new fighting spirit for the goal.
"Tell me, what do you want me to do?"
"First of all, our ban on vocalization has been lifted. You can immediately arrange the debate topic for the next issue of "The Debater" and follow what I said. Continue to hype Apple's original sin of "damaging human free will".
Chapter completed!