The Opening Account Was Stolen, and the Backhand Recharged 1 Million

Chapter 347
The trial scene was as boring as ever.

After all, seeing two people submitting evidence continuously, and then the other party denies it in various ways, you will feel that the image of the lawyer in your mind collapsed all of a sudden.

Of course, this is obviously coming in because of the hype.

As for Zhou Yi's viewers, many of them have watched the live broadcast of the previous court trial, so it is clear that the court trial is really so boring.

It's not like in the TV series, the lawyer is impassioned on it, and the voice is so loud that it seems that there is a reason for shaking the house down.

The court trial still needs to talk about evidence.

Many people who have participated in the trial actually don't quite understand the link of proof and cross-examination.

For example, in this court trial, the first two pieces of evidence presented by Zhou Xinran were not the Zhou Yi test evidence they were familiar with, and the test report from a third-party testing agency.

But what, the first piece of evidence is that the lotus chip company released the lotus chip mobile phone, proving that the lotus chip mobile phone was produced and sold by the lotus chip company.

The second piece of evidence is a bunch of shopping invoices that Zhou Yi got after buying mobile phones in the offline store of the lotus root film company. Video for company employees to start testing.

These two pieces of evidence are to prove that the mobile phones used by the company for testing were purchased directly from the lotus film company, and were tested directly without any procedures.

There is a problem here. When Zhou Yi asked the employees of the company to conduct the test, he once asked them to take pictures of the test results of his mobile phone. The evidence was obviously unusable.

When I went for notarization, I was called back. Because there are no pre-installed programs, you cannot prove that the so-called undeletable APPs in these mobile phones are all installed by the mobile phone manufacturer.

Therefore, the evidence brought to court is only the test results of those new mobile phones.

Luckily...these phones have slow apps.

In the eyes of many people who have not been exposed to lawsuits, this is a matter of taking off their pants and farting. How can our mobile phones install things that cannot be uninstalled?

But this is actually necessary evidence, because you may not do it, maybe the dealer will do it.

Note that what is mentioned here is the dealer, not the direct sales store operated by the lotus root film company itself.

Therefore, the other party naturally has no objection to these evidences.

Then there is the key evidence, the test video, some pre-installed software in the test phone that cannot be uninstalled, and the test results of a third-party professional organization.

"There is no objection to the authenticity of the evidence, but there is objection to the strength of the proof!"

Why did he have objections? Attorney Zhang said directly: "The first point is that there are too few test samples, and only a single model of mobile phone was tested."

"Secondly, in terms of uninstallation methods, we only selected several methods such as screen uninstallation and application management uninstallation, and did not use other uninstallation methods, so we do not recognize the strength of the two evidences!"

What do you mean, my phone has other uninstall methods, but your video is useless, so your video can only prove that these pre-installed software cannot be uninstalled by the method in the test, but cannot prove that these pre-installed software Can't uninstall at all!
It should be understandable like this.

As for how to uninstall, there must be some. If mobile phone manufacturers don’t even have this method for their own products, then they still have to play with a hammer.

This is the stage of presenting evidence and cross-examination, Fang Dazhuang said nothing.

But the melon-eaters who watched the live broadcast couldn't bear it anymore.

"Wucao, this damn is just trying to quibble, I have tried so many methods to uninstall it, but I can't uninstall it, so we uninstall the software on our mobile phone, and we still have to learn programming?"

"This is the court trial. How do I feel... how do I feel that someone is being unreasonable? Why is Fang Dazhuang still silent? I feel that I will be there, and I think it will soon become a full-fledged martial artist."

Unlike the righteous indignation of netizens, Zhou Yi was very indifferent, and even started to discuss the logical relationship with his elder brother who also came to listen.

As long as it can be deduced logically, you cannot say that there is a problem with other people's debates.

Soon after the cross-examination was over, today's trial judge Wang Peng raised his mouth and said, "Let's start the court debate."

Finally at this point, Fang Dazhuang moved his wrist, causing Zhang Minghua, who was opposite him, to suddenly widen his eyes.

Debate is debate, don't bother to do it!

Together in Shanghai, one is a big boss in the field of criminal defense, and the other is a master in the field of civil affairs. Zhang Minghua knows the story of this colleague very well.

The criminal field has always been the hardest-hit area for conflicts. A certain lawyer was violently beaten by the victim's family just after defending the defendant, or a certain lawyer came to the door to seek forgiveness, but was violently beaten by the victim's family...

Even a certain lawyer was beaten up by the family members of the victim because he successfully defended in court...

It’s really not too much, why many lawyers don’t want to do criminal defense now, or even if they do, they do it according to the situation, and they do it symbolically, because of this.

If you successfully defended a criminal, it would be strange if he didn't beat you out...

This person surnamed Fang is an exception.

Because he is very good at fighting, no matter in court, out of the house, or at other times, if someone fights with him, then this person will definitely not suffer.

Not only that, the person who beat him might even be detained...

Fang Dazhuang didn't know the inexplicable thoughts of the lawyer opposite, but just started his own explanation.

"The defendant claims that we did not use other testing methods in the test of evidence, so we cannot prove that these software cannot be uninstalled. However, according to the most basic logical principles, we have adopted any method that a normal consumer can think of. If it still cannot be uninstalled after uninstalling, it should be deemed as impossible to uninstall!"

"And according to the principle of good faith in the Civil Code and the relevant provisions of the Consumer Rights Protection Law, when the pre-installed software of this mobile phone cannot be uninstalled by normal methods, the mobile phone manufacturer should inform the uninstallation method!"

"So we believe that under such circumstances, the test results are sufficient to prove that several types of pre-installed software cannot be uninstalled!"

Zhang Minghua was naturally not to be outdone, and also began to refute.

"The plaintiff's claim is that it cannot be uninstalled if it has not found any other uninstall method. I don't think there is any logic at all!"

"Because most of the pre-installed software is related to the mobile phone system, the uninstallation process is relatively cumbersome, which is well known, so the plaintiff's claim that it has exhausted the uninstallation methods does not explain any problems, it can only prove that its test evidence is not enough to prove these The software could not be uninstalled."

This is Zhang Minghua's debate idea. From the very beginning, he didn't intend to use words like "economic development" or "these software cannot be uninstalled because they are system software" to argue.

Today is different from the past. If it is placed before the regulations of the Ministry of Industry and Information Technology are issued, he will definitely use these words to debate.

If you say it is not system software, then it is not. We have evidence and program evidence to prove that these pre-installed software are closely related to the mobile phone system. Without these software, the basic functions of the mobile phone will be affected.

That would be fine, but not now.

Saying it like this now, if someone comes up with the regulations of the Ministry of Industry and Information Technology, it will be courting death. When the time comes to file a complaint with the Ministry of Industry and Information Technology, it will be worse than losing a public interest lawsuit...

A smart lawyer must avoid putting his client in a disadvantageous situation.

You can't be like a certain lawyer surnamed Zhang, who just lost money well, and argued and argued, and somehow it took 20 years.

So we can only say that our software must be uninstallable. The reason why you failed to uninstall successfully is that you didn’t find the right method, and it’s not our fault.

"Related to the mobile phone system, the uninstallation process will be cumbersome. I think the defendant's statement is pure nonsense, let alone well-known, because there is no evidence to prove that these software are related to the mobile phone system, or belong to the statutory 'should' Uninstalling a program is cumbersome' case."

Not to mention there is no such regulation at all.

The two sides began to fight each other!

It had to be said that Zhou Yi could tell that this lawyer Zhang Minghua was a comparable opponent to Fang Daxiang.

His foothold is very special, and he is also familiar with legal regulations.

It's a pity that the current legal regulations are becoming more and more dense, and there are fewer and fewer debatable points.

No matter how clever the tongue is, the judge cannot be convinced. After all, the uninstall method provided by the mobile phone manufacturer is beyond the imagination of normal people...

None of this requires the application of the high probability criterion.

So after arguing and arguing, lawyer Zhang Minghua couldn't continue talking.

On the contrary, Fang Dazang on the opposite side, now that's an excitement, that's an excitement!
"The defendant is requested to produce evidence to prove that this so-called uninstall method is something that any consumer can think of. It even involves professional programming knowledge and requires at least 5 minutes of operation, which is beyond the reach of normal consumers. Think of it?"

"Also, according to the regulations of the Ministry of Industry and Information Technology, the uninstallation method should be simple. Is this simple? You must use a computer every time you uninstall. I don't think this is a simple method."

"Even if there is such an uninstall method, it will not be of any use to the average consumer, because no one will know or should know such an uninstall method."

"So, it should be considered impossible to uninstall!"

Every sentence was pierced like a knife, making Lawyer Zhang unable to open his mouth.

He is that kind of traditional lawyer, he can't find a point of argument, and he can't talk anymore, so the debate is over.

At this point, the netizens who have been watching the live broadcast are finally happy, at least this debate is worthwhile!
It also made people see the square shape of skill, layer by layer, like a spider weaving a web, layer by layer.

When engaging in debates, it is very taboo to throw out the key things directly. You must first block other roads before you can throw them out.

Otherwise, your perception of this debate will be completely different.

The presiding judge announced the end of the court debate, and then began to ask both parties if they had any final comments.

This final opinion is the final statement in the corresponding criminal defense. Of course, it does not have to be called the final opinion. Sometimes the judge will ask you if you have anything to add.

Fang Daxiang is naturally gone, and everything that needs to be said has been said.

The lawyer next to Zhang Minghua stood up and began to talk about the previous opinions on the Internet, that is, the importance of enterprise development.

Why do you say that, because the judge has discretion, and the two sides have worked hard to argue to convince the judge.

Finally, the trial was over. The matter of this case was so important that it was basically impossible to pronounce a verdict in court, so Zhou Yi was not surprised.

And soon, there was relevant news on the Internet. After all, the trial was broadcast live, and even ordinary people could tell who was right and who was not.

Mr. Kang of the lotus film company finished watching the live broadcast and almost smashed another mobile phone.

Lawyers hired at high prices are useless, no matter what, our profits from making mobile phones are already so small, isn’t it appropriate to make a little bit of money by pre-installing software?

In fact, no one said that pre-installed software is unreasonable, and some people even like pre-installed software.

However, it is unreasonable that the pre-installed software cannot be uninstalled. It is a pity that the profit in this is too large, and the manufacturer selectively does not see it.

The lawsuit was over, but Fang Dazang was still surprised when the three returned to the car. He was still thinking about meeting that old Zhang, but he never did.

It seems that the other party is avoiding me, am I that scary?

Many professionals on the Internet have sorted out the opinions of both parties in this live broadcast.

It is not difficult to see that Fang Dazhuang relies heavily on the relevant regulations of the Ministry of Industry and Information Technology.

This also made many people know for the first time that there are regulations in this area, and that our Ministry of Industry and Information Technology has done so many things...

So many people began to apologize again, and then reflected again.

Inadvertently, a video of Zhou Yi and a lawsuit filed by Fang Daxiang actually helped the Ministry of Industry and Information Technology to carry out a big wave of publicity!

A few days later, the court issued a verdict, supporting the appeal of the Consumer Protection Committee of Handong Province, that the pre-installed software on the mobile phone of the lotus film company must have a simple uninstall method.

The claim that "the pre-installed software belongs to the mobile phone system, and the uninstallation method will definitely be very cumbersome" was not adopted, and it was believed that there was a lack of corresponding evidence.

Along with this news, there is also the news that the lotus root film company announced the appeal.

This is so normal. For many companies, it seems uncomfortable not to finish the second trial.

In the office, Mr. Kang was talking on his mobile phone.

"Is the second trial sure? We have new evidence? Okay, this lawsuit must be fought to the end!"

Just now after talking with Zhang Minghua and hanging up the phone, the office door knocked, and the secretary hurried in and said hastily, "Mr. Kang, the Ministry of Industry and Information Technology has issued a document to investigate the situation that the mobile phone's pre-installed software cannot be uninstalled!"

What?Mr. Kang was taken aback when he heard the words, and his expression changed drastically!

To be obedient, you have to listen, and for companies like them that have dealt with their parents a lot, the signal of intervening in the investigation is already obvious, especially at this terrible time!
If the investigation really starts, it will be too late...

After being stunned for three seconds, Mr. Kang hurriedly picked up the phone: "Hey Lawyer Zhang, what...we won't appeal."

　The second update is here, thanks to the scroll master and Mambo for their rewards, thank you, it’s stuck again. . emmm
　　
　
(End of this chapter)