Rebirth: War on the Honest

Chen Buyu thought for a while, but stopped talking.

"Let's do this for now. I have a video meeting to be held soon. I'll come over and report as soon as I get to work tomorrow. I want to hear your next plan."

Peng Jiaxin waved his hand and looked at his vibrating cell phone.

The news was an urgent notice from the Penguin Group office. In ten minutes, Penguin's top boss Tony Ma will have a meeting.

The dejected Chen Buyu walked out of the office, and after a brief thought, he headed towards the Penguin Legal Department.

There was his good friend and half-life mentor, Jiang Bo.

As the largest integrated Internet service provider in China and one of the companies with the highest market value in Asia, Penguin is changing the lifestyle of modern people through the Internet and has created one miracle after another in business.

Jiang Bo, one of the heads of the legal department of this huge Internet empire, observes the ever-changing Internet ecology with a cold-eyed attitude, and nip every risk that may endanger the company in the bud.

His figure often appears in several cases that affect the future development of the Internet industry and have far-reaching historical significance.

"Brother Jiang, I have to ask you something."

"Buyu is here? Sit down first, come and try the good tea I found recently."

Located in the Legal Department office on the 32nd floor of the Penguin Building, Chen Buyu successfully found Jiang Bo.

He has a tall and well-proportioned figure, wearing a dark gray POLO shirt and jeans, with neat short hair. Perhaps due to his long-term morning jogging habit, he does not look like a middle-aged man.

Along the way, Penguin Music has encountered many hard-to-gnaw bones.

This was not the first time Chen Buyu came to consult. In the subsequent communication, Jiang Bo was as sincere, funny and friendly as ever, and he often made witty remarks when talking about his rise.

Although he comes from within the system, he does not put on any airs or show off as an elite.

When asked some questions, he was not in a hurry to answer them immediately. He pondered for a while and then stated his opinions slowly.

Jiang Bo is steady and restrained. Under his gentle and elegant appearance, he can clearly feel the inner tension of his whole person.

"I heard about Paradise Cloud Music. Yes, I think it would be difficult for us to initiate a lawsuit."

After patiently listening to Chen Buyu's summary, Jiang Bo rubbed his chin and did not give a positive answer.

"Brother Jiang, you are a bit humble. No matter how difficult it is, can it be as difficult as the 360 ​​case? Please tell me what to do."

For cases like this where Penguin is not responsible, he has often taken on such hot potatoes due to his rich experience.

Recalling that in December 2011, on the fifth day after Jiang Bo resigned from the court and officially joined the Penguin Legal Department, he encountered the most difficult challenge in his life.

Penguin Legal Department received a subpoena from the Guangdong Provincial High Court.

Qihoo 360 Company filed a lawsuit against Penguin Company in the Guangdong Provincial High Court, accusing Penguin of obstructing fair market competition and abusing its dominant market position, and required Penguin to compensate it for various losses of 150 million yuan.

Prior to this, in August of the same year, Penguin first filed a lawsuit with the Guangdong Provincial High Court, claiming that Qihoo 360’s “KouKou Bodyguard” used the name of protecting users’ interests to slander, destroy and tamper with the functions of Penguin QQ software, and induce users to delete QQ software.

They embed their products and services into the QQ software interface through value-added business plug-ins, taking the opportunity to promote their own products.

Penguin filed a claim of 125 million yuan. This "mutual strife" between Qihoo 360 and Penguin was vividly called the "3Q War" by the media.

Within a few days of joining the company, and before he had even fully adapted to his new identity and new environment, he quickly adjusted to a fighting state and led the company's litigation team to fight against the largest litigation subject in the Internet industry to date, known as the "Internet Anti-Unfair Competition No. 1".

The "3Q War" of "One Case".

The battle with Qihoo 360 was far more difficult and longer than imagined.

At that time, Jiang Bo and a litigation team of only a dozen people from the Legal Department led the entire progress of the Qihoo 360 v. Penguin monopoly case.

Long-term court work experience makes him good at grasping the overall situation from a higher perspective, eliminating complicated information and interference, and hitting the opponent's vital point with one blow.

After the Guangdong Provincial High Court made its first-instance judgment, Qihoo 360 appealed the cases to the Supreme People's Court.

The Supreme Court finally made a second-instance judgment, rejecting Qihoo 360's appeal, upholding the first-instance court's judgment that Qihoo constituted unfair competition, and ordered it to compensate Penguin for economic losses of 5 million yuan.

"That's different. The logic of the two cases is different. Antitrust and intellectual property rights are very different, and the approaches are also different."

Talking back to the Qihoo 360 v. Tencent monopoly case, Jiang Bo was filled with emotion. He felt honored to have been deeply involved in the case and to have won the case with his team.

Even today, the epoch-making significance of the precedent itself is undeniable.

It is not only the first anti-monopoly case in the Internet field to be heard by the Supreme People's Court in China many years after the promulgation of the Anti-Monopoly Law, it is also the first anti-monopoly case in the world to be decided in the form of a judicial judgment by the Supreme Court of the country where it is located.

This not only provides ideas and methodologies for other countries to try similar cases, but more far-reaching significance is that the precedent has promoted the healthy and stable development of the domestic Internet industry to a certain extent.

"But the field of intellectual property is different. In the field of intellectual property, genuine copies are the rule."

People in Guangdong Province love to drink tea, and almost every small boss has a tea set in his office, let alone someone of Jiang Bo's status.

He made new tea and poured a small cup for Chen Buyu in front of him.

"We have indeed washed other people's songs, and Paradise Group obviously understands the law. Don't treat them as small workshops. Have you ever seen a few small workshops that applied for several patents when they just started their business?"

"The most important thing is that the Paradise Group also has great influence on the media. If we really lose this case, it may also have an impact on our reputation."

Chen Buyu nodded.

The Penguin Double Standard is no longer a day or two.

According to the Public Relations Department, Penguin has always attached great importance to copyright protection and has made a lot of efforts to promote copyright protection and market purification of film and television works, musical works, and literary works in the domestic Internet field.

Take Penguin Music as an example. While cracking down on piracy in the first half of the year, it also joined forces with a number of music companies to jointly promote administrative and judicial agencies to strengthen the protection of genuine music.

But on the other hand, Penguin will not let go of any opportunity to make money. Before 2013, online piracy was extremely rampant in China, whether in the video, music or literature markets.

"Yes, our usual slogan is to resolutely defend copyright, which means respecting creators and following market operating rules. If we lose this case, Mr. Ma will probably be angry to death."

Chen Buyu finally realized how much of a headache it was for his own company when competitors could effectively use the media to amplify public opinion.

As senior executives of Penguin Group, Chen Buyu and Jiang Bo were fully aware of Mattoni's plan.

In the next few years, Penguin will focus on the content industry as its development direction. How to break the situation, how to prevent the negative impact of the case from fermenting, and how to ensure that the company's huge investment in the content industry does not go to waste has become a difficult problem before them.

"Let me tell you, you are really stupid at what you do. Do you really have to make such three melons and two dates?"

"I can't help it. I don't decide the specific details."

Chen Buyu spread his hands to express his helplessness. Companies that are too big to lose always have problems of one kind or another.

"Let me tell you, cracking down on piracy is a trend now, and we can't go against the original version."

Jiang Bo filled up the small and exquisite tea cup again and sighed softly.

As a former court employee, he is extremely sensitive to policies and has long been aware of the country's policy of vigorously protecting intellectual property rights and combating piracy and infringement.

According to friends from the Supreme Court, from 2013 to 2016 in the future, the National Copyright Administration will launch an annual sword-on-line operation to include video, music, literature and other online piracy as key targets for rectification.

At the same time, the "Notice on Ordering Online Music Service Providers to Stop Unauthorized Dissemination of Music" is also soliciting opinions.

If this notice is issued, it will completely end the soil for online piracy platforms to survive on the sidelines of copyright, and the content industry will officially move towards legalization.

"Brother Jiang, what do you mean, we have no choice but to admit defeat?"

"You are an expert in this area of ​​intellectual property."

Chen Buyu scratched his head, looking a little distressed.

Having known Jiang Bo for so long, I have rarely seen him so unsure of a case.

Chen Buyu has known Jiang Bo since he was a judge in the Intellectual Property Court. This case is exactly what he is good at. Is there no reason for this?

"Oh, you still don't understand what I mean."

Jiang Bo smiled and patted his shoulder.

From a court judge to a Penguin legal officer, the biggest change is the way of thinking.

In 1997, after Jiang Bo graduated from Southwest University of Political Science and Law, he entered the court as a clerk.

From entering the court in 1997 to leaving in 2011, Jiang Bo spent his entire youth there. In 2004, the Supreme Court piloted grassroots courts to hear intellectual property cases in the GD Provincial High Court.

Prior to this, intellectual property cases nationwide were heard by intermediate courts.

The Guangdong Provincial High Court selected his court as one of the pilot grassroots courts. Jiang Bo, then deputy chief of the economic division of the court, took over the trial of intellectual property cases. Not long after, the court established an independent intellectual property division, with Jiang Bo as the

President.

Serving as a judge in the Intellectual Property Court gave Jiang Bo the opportunity to be exposed to a large number of new types of cases and new things, gaining a lot of experience and greatly improving his abilities.

If it weren't for chance, he might have been working in the court until his retirement.

"Let me tell you, I never thought about leaving the court. In the era when I was studying, the ultimate dream of a law student was to be a judge, and being a judge was the most noble profession in the minds of legal people."

"But now that the Penguins are here, thinking about the problem can no longer be as simple as before. We can win, but what happens after we win?"

Jiang Bo lit a cigarette and said, "Winning the lawsuit doesn't mean anything. It may even mean losing the future of the company."

This is exactly what happens with identity changes.

The value of a judge is reflected in his professional ability. Corporate legal affairs have the same requirements on this point. Even more so, due to the highly changing characteristics of the industry in which the company operates, in addition to solid professional abilities, corporate legal affairs also need to have strong skills.

Resource integration ability and strong prediction ability.

At the same time, corporate legal affairs in enterprises need to have a stronger awareness of proactive thinking and proactively consider the ideas, directions, steps, and links of solutions.

These are all inseparable from legal workers’ lofty belief in the law and their persistent passion for work.

"Let's mediate. I think it's better to mediate this case."

"Ah? Mediation?"

When Chen Buyu asked for the reason, Jiang Bo explained, "Whether it is an offense or a defense, it is untenable to discuss opinions and legal relationships apart from the behavior itself."

"The highest level of corporate legal affairs is not to win, but to prevent problems before they occur."

"Losing this lawsuit will have a huge impact on us. It's best to control the risks."

Compared with the "small but beautiful" litigation team, a large number of lawyers in the legal department are stationed on the front line of platform and product research and development.

Compared with subsequent remedies such as litigation and rights protection, Jiang Bo cares more about early risk control and is committed to nipping risks in the bud.

The Internet industry changes rapidly and has many products. Every update of product functions may bring about changes in legal attributes. This requires the company's legal personnel to accurately understand the ideas, purposes and technical implementation methods of the R&D personnel, and to work together through communication.

Avoid potential legal risks without affecting product functions.

To be a judge, you only need to have a deep understanding of the operating rules of the law, but as a corporate legal general manager, you also need to have a deep understanding of the operating rules of business.

In Jiang Bo’s eyes, the relationship between the two is very interesting. “Legal rules are more rigid and business rules are more flexible, but they are not opposed to each other. Most of the legal rules in civil law are abstracted from the rules of daily life. Commercial law

The essence is the abstraction and solidification of business laws and business rules. There is an inherent unity between the two."

"Okay, Brother Jiang, I'll listen to you. I'll report your suggestions to Mr. Peng later."

Chen Buyu nodded. Anyone who can reach the position of a senior executive is not a person who cannot listen to what is said.

"I am not a person who accepts death. I have always been problem-solving oriented. Concession and compromise are only one of the ways to solve problems in my opinion."

Jiang Bo has a keen insight, and he can quickly clear away the fog on the surface of any topic and get to the bottom of things.

"Brother Jiang, I feel so relieved to have you here."

With some guidance from professionals, Chen Buyu finally gained confidence.

"Don't put any hat on me, I'm just a support person."

Jiang Bo smiled and waved his hand. Before Chen Buyu left, he brought him a small bag of new tea.

In his mind, he has always defined himself as a "helper" and bluntly stated that legal workers are in a supportive and auxiliary position to protect the development of the company.