The lawsuit between Wen Ying, the magazine, and Han Qin is a civil infringement case.
The "termination statement" published by the magazine is contrary to the facts, and Han Qin's anonymous remarks on the Tianya Forum have violated Wen Ying's reputation rights. Zheng Zhihe's appeal is to ask the magazine and Han Qin to stop the infringement and restore Wen Ying's "right of reputation"
The reputation of the pseudonym "Fish Against the Current", eliminate the negative impact of their misconduct, publicly apologize, and of course, compensate.
The verbal apology was light and painless, so Zheng Zhihe wouldn't accept it.
Only by making the other party bleed and suffer pain can the lesson be remembered.
Zou Weijun, Xie Qian, and Xiao Sala all applied to observe.
Sitting in the auditorium was a man in his fifties, wearing a gray suit. He was thin and inconspicuous, but Wen Ying's pupils were huge.
This is the mentor who introduced her to the profession in her previous life!
——Why is the teacher here today?
Wen Ying was in a daze. She really didn't expect that such a small case like hers would alarm her mentor.
Wen Ying went to the judge's bench in horror, fearing that today's presiding judge would also be an old acquaintance of hers. Teachers and senior brothers were all there. Adding an acquaintance to the mix would give the impression that today was a graduation defense.
Fortunately, there was an unfamiliar face on the judge's bench.
Looking at a male judge who is younger than Zheng Zhihe.
...Tsk, Senior Brother Zheng just suffered from his premature appearance.
Han Qin saw that there were so many people sitting at Wen Ying's side, and whispered a few words to her lawyer. Han Qin's lawyer applied to clear the court - the presiding judge did not agree, and Han Qin looked bad.
This case was accepted by the local court in Chengdu. Han Qin's lawyer believed that litigating in Chengdu would be very detrimental to both the magazine and Han Qin. He raised a "jurisdiction objection", but the court rejected it.
This is an infringement case.
In Chengdu, you can see the breaking news posts on Tianya, and you can also see the July issue of "Eige" for sale in Chengdu. The infringement of the magazine and Han Qin not only occurred in Shandong Province, but there is also a basis for the Chengdu court to accept the case in the first place.
The "jurisdiction objection" was rejected too quickly. Han Qin's lawyer immediately felt something was wrong and told Han Qin that the other party's lawyer was very powerful.
Han Qin's lawyer is only 50% sure about this lawsuit.
The prerequisite is that Little Salamander is not allowed to appear in court as a witness.
The magazine fired Xiaoyu for this purpose.
Unexpectedly, Xiaoyu sued the magazine and Han Qin again.
These are two cases, and the lawyer has to deal with the current one first.
Both parties made separate submissions. Zheng Zhihe demanded a public apology from the magazine and Han Qin, and also demanded compensation of 300,000 yuan for mental damages.
Zheng Zhihe glanced at Wen Ying with a serious look on his face: "My client is a minor and a high school student. This incident has caused her great harm. She is not yet eighteen years old and cannot bear the public opinion."
Due to violence, her creative career has been affected, her studies have been affected, and even her normal life has been affected. This age is a critical period for the shaping of outlook on life, world view and values, and the damage she is suffering now may stay with my client for the rest of his life!"
Wen Ying understood Zheng Zhihe's style so well that she immediately made a scared expression in response.
——Ah, I am really under great pressure. If it were not for the encouragement from the editor and lawyer, I would not dare to go to court to face Editor Han.
Wen Ying does not feel shameless at all. When she was a lawyer, she would also tell her clients how to behave in court.
The judge looks at the evidence, but not all the evidence, and will be more or less subjective.
Wen Ying is now a small client who is afraid of Editor Han and must muster the courage to confront Editor Han in court.
Han Qin was so angry that she wanted to vomit blood.
Wen Ying is not afraid of her!
The last time we came back to Chengdu, Wen Ying's parents didn't show up. Wen Ying was the one negotiating the publishing conditions the whole time.
A high school student who dares to negotiate a contract with an adult by himself, no matter whether he is smart or stupid, will never be associated with "cowardice"!
Has your creative career been affected?
Han Qin really didn't see the impact. "Young Idol" was released on August 1, and Han Qin secretly watched the second half. Not only was the quality not affected, but it was smoother than when it was serialized in the magazine.
Xie Qian also felt that Zheng Zhihe was talking nonsense.
The termination statement was published in the July issue of EGGER, after the final exam of last semester.
Wen Ying's ranking in the final exam improved. Even if there was no improvement, it was definitely not because of Han Qin... Of course, as Wen Ying's good friend, Xie Qian liked Lawyer Zheng's free talk.
At least this matter led to a lawsuit, which indeed delayed Wen Ying's preparation for papers during the holiday.
The impact of missing one paper will not be big, but the impact of missing dozens of papers will be big. If Wen Ying fails to get into a prestigious school in the future, the compensation of 300,000 yuan is too small!
Of course, this was just Xie Qian's opinion in court. After leaving the court, if Wen Ying used this incident as an excuse not to study, Xie Qian would have to settle old and new accounts with Wen Ying.
Han Qin’s lawyer’s surname is Xiong.
Lawyer Xiong is a very aggressive lawyer. Before Zheng Zhihe disguised himself, Zheng Zhihe proposed a public apology and 300,000 yuan in compensation, and Lawyer Xiong asked Wen Ying questions.
The first question was to ask what works Wen Ying had publicly published before contributing to "Eige".
"No, I started trying to write only after I finished my high school entrance examination, and my first piece of work was published in "Eige"."
Lawyer Xiong smiled and said, "But you must have submitted articles to other magazines before, and you have never published them, right?"
Wen Ying nodded: "Yes, there is no draft."
"You know that in the literary world, especially in publicly distributed newspapers and magazines, everyone is very taboo about submitting a manuscript to multiple submissions. Have you ever done such a thing?"
"Please the defendant's lawyer stop inducing my client!"
Lawyer Xiong was aggressive and Zheng Zhihe disagreed.
Lawyer Xiong insisted that Wen Ying's answer was very important, and the young presiding judge on the presiding bench motioned to Lawyer Xiong to continue asking questions.
Lawyer Xiong suppressed his pride.
Wen Ying mentally scolded Lawyer Xiong as a stinky idiot for actually setting a trap for a minor. He had professional qualities but no basic sympathy.
Of course, some lawyers even pride themselves on being “sane enough”!
"I know."
Wen Ying's neck shrank, Lawyer Xiong's mouth turned up, and his voice was bewitching: "You know you can't submit more than one draft, but you still did it right? Just like you knew about "Egg" during the serialization of "Young Idol"
” and Editor Han have the intention to publish a novel for you, but you still contacted the publishing department here in Chengdu——”
"No! I only said that I knew I couldn't submit a manuscript to multiple submissions, and I didn't say that I had ever done such a thing. How could you say that to me?"
Hi.
Just this ability to dig holes.
This guy named Xiong thought he was dealing with high school students, but he didn't expect that he was dealing with his peers.
A qualified lawyer will collect evidence before going to court, and a good lawyer will simulate the questions that the other party's lawyer will raise and think of the answers in advance.
In the reputation lawsuit, Han Qin's lawyer will definitely attack her character, and Wen Ying is already prepared!
But it doesn’t matter. She submitted her manuscripts via email from the beginning. Last summer she submitted her first novel, one novel to "Hanabi" and another to "Egg". There are still records.
Wen Ying has never done this before. She wrote two different novels!
The manuscript was also rejected, but Xiao Sala gave her more encouragement, so she decided on "Eige", and finally wrote a short story that Xiao Sala approved and successfully published it. Since then, Wen Ying has been writing for "Eige"
Contributed articles...Submitting one article for multiple submissions does not exist at all.
If Lawyer Xiong doesn’t believe that last summer was Wen Ying’s first submission, then it has nothing to do with Wen Ying. Whoever questions it has to provide evidence. Lawyer Xiong can provide evidence himself!
Zheng Zhihe immediately asked the court to check Wen Ying's email address.