You became a lawyer and sent the judge in?
Chapter 82 Penguin won’t lose? Who gave you confidence? Get it you!
Su Bai had already learned about Penguin's infringement case.
In infringement cases, Penguin is the best at saying that there is nothing. He is a good Tai Chi player. He is not only a good player, but also a top Tai Chi master.
What is the most ambiguous thing about a tort case?
It’s a judgment!
Determine whether this thing is plagiarized or not.
Regarding this judgment, the domestic laws are vague and it is not easy to define it, because it is not easy to determine it, but it is much easier to refute it.
This is Penguin’s confidence in filing an infringement case.
What Chen Chao said makes sense. Based on this basis, ordinary lawyers will have a high probability of losing.
But Penguin was facing Su Bai.
When Chen Chao saw that Su Bai was not in a hurry, he felt a little confused. He didn't understand where Su Bai had such confidence!
But I didn’t think much about it.
after all.….
Infringement case….
Penguin Legal For infringement cases, no one knows more about infringement than Penguin.
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 after a few seconds, he banged the gavel.
"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 who was sitting on 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 misconceptions are there in his statement?
Chen Chao frowned slightly, not understanding the meaning of Su Bai's words.
Just listen.
Boom!
On 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 submissions and rebuttals conflict with each other."
"Conflicts with each other include the following points:"
"First: We are suing Happy Match and Crazy Match. Why are the core gameplays when three small animals are connected together to eliminate them."
"The defendant's lawyer defended 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 universality used by the public. Therefore, it does not agree that the happy elimination and three small animal elimination released by Penguin Holdings Co., Ltd., the litigant, is plagiarism. Fang’s 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 your elimination of three small animals and our elimination of three small animals. It is not original."
"According to the defendant's previous statements, 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 does Penguin copying our gameplay 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 Penguin'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.
Therefore, he put the previous questions together. According to his calculations, according to Penguin's litigation habits, he would definitely do Tai Chi.
really.
The reality was pretty much what he imagined.
Just as he imagined, Penguin was doing Tai Chi crazily there, analyzing every question he asked.
However, these two questions are inherently contradictory.
If they were separated, then there wouldn't be any problems with what Penguin Legal said. In fact, what it said was so exciting that people couldn't fault it.
But if we put them 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 was 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 caught the loophole 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 feeling. For now, the other party still had a certain advantage.
If the other party continues to expand this advantage.
Then the myth of Penguin Nanshan being 100% about to be shattered?
If it is broken, it will still have a certain impact on Penguin.
By the time.….
never mind.
I don’t think about it anymore.
Although the opponent now has a certain advantage, what are they?
They are penguins!
How could the penguin lose!
It is impossible to lose, even Penguin can never lose in this life!
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.
The presiding judge Cao Liqiang nodded slightly and briefly summarized the points stated by Su Bai.
In the previous plea
Obviously, Su Bai had the upper hand, and Penguin was at a disadvantage.
He also had 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.
Two bangs.
After banging the gavel, he said:
"Defendant."
"As for what the plaintiff put forward, your statement is unclear."
"The problem with unclear statements 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 calmly looked at the litigation materials and then said:
"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 I will express it in accordance with the completeness. "
After Su Bai heard Chen Chao's statement, he twitched his lips. This penguin was pretty good at legal affairs.
It's a mess.
Su Bai raised his hand: "Presiding Judge, we raise an objection."
Boom, boom, boom!
"What objection does the plaintiff have?"
Facing the presiding judge's inquiry, Su Bai spoke:
""Three" is indeed universal, but other numbers are also universal, but why does Penguin's Happy Match have to use three animals to complete the match?"
"Instead of four, five, six, seven?"
"Isn't it because the Crazy Match produced by Nanyou Studio is about three animals connected together to eliminate each other, and it has been verified by the market, so Penguin directly copied it and used it?"
"Please ask the defendant to answer our questions head-on."
this.….
In the defendant's seat, Chen Chao was silent for a few seconds and rubbed his temples.
Of course he knew why Penguin's Happy Match had to be connected with three animals before it could be cleared.
Because Crazy Elimination is three animals connected together for elimination, and this has been verified by the market, so you can use it as soon as you get it.
He plagiarized the Penguin game, and didn’t care about the rest, 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 won't give him a chance.
After all, the current advantage is not on his side...
hiss!
Chen Chao took a breath and reluctantly found a reason to state:
"We did not plagiarize and use three animals for connection and elimination because we found through research that the connection and elimination of three animals is the most advantageous."
The judgment seat, the seat of the presiding judge.
As a judge with a certain level of knowledge about copyright, Cao Liqiang already had a general understanding and judgment after hearing the arguments of both parties.
Boom!
Banging the gavel: "After the statements of both the plaintiff and the defendant, we will now summarize the disputes between the two parties!"
Boom!
Cao Liqiang continued:
"The current dispute between the two parties is whether the game Happy Killing, produced by Penguin, plagiarizes the game Crazy Killing, produced by Nanyou Studio."
"The core issue of the dispute is summarized: 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."
Boom!
"On the core summary issue, both parties have no objections!"
Cao Liqiang looked at Su Bai and continued: "The crazy elimination game mode of three small animals connecting together and disappearing is original to 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."
Boom, boom, boom!
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 question its gameplay mode. "
Regarding the presiding judge's words, Chen Chao took a deep breath!
prove
I can’t take it out!
The plea just now is a plea, but there is really no proof.
Chen Chao said: "President, we still maintain our original view."
After hearing Chen Chao's words, Cao Liqiang banged the gavel again.
Boom!
"The crazy matching game mode is unique to Nanyou Studio and is controversial."
"But the plaintiff can submit relevant evidence, but the defendant cannot submit relevant evidence."
On the judgment stand.
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 kill.
"President, we have something to add."
"Um!"
Cao Liqiang glanced down at the litigation materials, then looked up at Su Bai: "What are the supplementary materials you presented to the plaintiff?"
"It's 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, and 20 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 self-certify from legal sources are included. If there are any irregularities, we are willing to bear full responsibility."
"Um!"
Cao 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 Penguin has plagiarized.
Not to mention a certainty, at least 90% sure!
Although the investigation contents he submitted are evidence, they are of little use in determining that Penguin Holdings Co., Ltd. has plagiarized.
Su Bai had already said everything that needed to be said in the court hearing.
Although submitting these things cannot determine Little Penguin's plagiarism, it does have other effects!
That is the tendency to influence 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 based on his knowledge. These two games are not plagiarism, right?
As long as the chief 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 Penguin, turn him over.
This is the correct way for him to submit these evidences and kill the little penguin!
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