Rebirth declares war on the honest

Chapter 534. 529. Risk Control
Chen Buyu thought for a while, but stopped talking.

"Let's do this first. I have a video conference to be held soon. I will report when I get to work tomorrow. I want to hear your next plan."

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

The news was an urgent notification from the Penguin Group office, and the top leader of Penguin, Mattony, will have a meeting in 10 minutes.

A dejected Chen Buyu walked out of the office, and after thinking for a while, he headed in the direction of Penguin's legal department.

There is his good friend there, who can be regarded as half of his life mentor, Jiang Bo.

As the largest comprehensive Internet service provider in China and one of the companies with the highest market value in Asia, Penguin has changed the way of life of modern people through the Internet and created miracles one after another in business.

Jiang Bo, one of the heads of the legal department of this huge Internet empire, has an insight into the ever-changing Internet ecology with a cold-eyed attitude, and kills every risk that may endanger the company in the cradle.

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 need to ask you something."

"Aren't you talking? Sit down first, come and taste the good tea I found recently."

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

He has a tall and well-proportioned figure, wears a dark gray POLO shirt and jeans, and has neat short hair. Perhaps thanks to his perennial morning jogging habits, he is not in a middle-aged state.

Along the way, Penguin Music has encountered many difficult bones.

This is not the first time Chen Buyu has come to consult. In the following communication, Jiang Bo was as sincere, funny and friendly as ever, and he often made witty remarks when he talked about the excitement.

Although he came from within the system, he didn't put on airs or put on an elitist air.

When asked some questions, he was not in a hurry to answer immediately, and after a little thought, he stated his views without haste.

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

"I've heard about Paradise Cloud Music. Yes, I think it's not easy for us to initiate a lawsuit."

After patiently listening to Chen Buyu's summary, Jiang Bo rubbed his chin, but did not give an affirmative answer.

"Brother Jiang, you're being a bit modest. No matter how difficult it is, it's still as difficult as the 360 ​​case? Tell me what to do."

Cases like this that Penguin doesn't take are justified, and he, who is rich in experience, has often taken over such hot potatoes.

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

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

Qihoo 360 sued Penguin to the Guangdong Provincial Higher Court, suing Penguin for obstructing fair competition in the market and abusing its dominant position in the market, and demanded Penguin to compensate it for various losses of 1.5 million yuan.

Before that, in August of the same year, Penguin first filed a lawsuit with the Guangdong Provincial High Court, claiming that Qihoo 8’s “Koukou bodyguards” slandered, destroyed and tampered with the functions of Penguin QQ software in the name of protecting users’ interests, and induced users to delete QQ software. The value-added business plug-in in the website embeds its products and services into the QQ software interface, taking the opportunity to promote its own products.

Penguin filed a claim of 1.25 million yuan.This "mutual pinch" between Qihoo 360 and Penguin was vividly called "3Q War" by the media.

After a few days in the job, before he even fully adapted to his new identity and environment, he quickly adjusted to the challenge state and led the company's litigation team to face the largest lawsuit in the Internet industry so far. One case” of the “3Q War”.

The battle with Qihoo 360 was far more arduous and lengthy than imagined.

At that time, Jiang Bo and the litigation team of more than ten people from the legal department led the progress of the Qihoo 360 v. Penguin monopoly case.

His long-term court work experience has made him good at grasping the overall situation from a higher perspective, eliminating complicated information and interference, and hitting the opponent's vitals with one blow.

After the first-instance judgment was made by the Guangdong Provincial Higher Court, both cases were appealed to the Supreme People's Court by Qihoo 360.

The Supreme Court finally made a second-instance judgment, rejecting Qihoo 360’s appeal and upholding the first-instance court’s judgment that Qihoo constituted unfair competition and ordered Qihoo to compensate Penguin for economic losses of 500 million yuan.

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

Looking back on the Qihoo 360 v. Tencent monopoly case, Jiang Bo expressed emotion and felt honored to have been deeply involved in the case and 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 heard by the Supreme People's Court in China since the "Anti-Monopoly Law" was promulgated for many years, but also the first anti-monopoly case in the world to be adjudicated 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 is the rule."

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

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

"We did wash their songs, and the Paradise Group obviously understands the law. Don't treat them as small workshops. Have you seen a few small workshops that applied for several patents just after starting a business?"

"The most important thing is that Paradise Group also has a lot of influence on the media side. If we really lose this case, it may have an impact on word of mouth."

Chen Buyu nodded.

Penguin double standard is not a day or two.

According to the public relations department, Penguin has always attached great importance to the protection of copyright, and has made a lot of efforts to promote the copyright protection and market purification of film and television works, music 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 cooperated with several music companies to 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 in China was extremely rampant, whether it was video, music or literature.

"Yes, our usual slogan is to resolutely defend copyright, which means respecting creators and following the rules of market operation. If this case is lost, Mr. Ma will probably die of anger."

Chen Buyu finally realized that when competitors can effectively use the media to amplify public opinion, what a headache it is for his own company.

As executives of the Penguin Group, both Chen Buyu and Jiang Bo knew Mattony's plan clearly.

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 ensure that the company's huge investment in the content industry will not be in vain have become a difficult problem for them.

"One thing to say, what you guys are doing is really stupid. Do you have to make such a lot of money?"

"No way, I didn't decide the details."

Chen Buyu spread his hands to express his helplessness. A company with a big tail always has problems of one kind or another.

"Let me tell you, combating piracy is a trend now, and we can't go against it."

Jiang Bo filled the small and exquisite teacup again, and sighed softly.

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

According to a friend of the Supreme Court, from 2013 to 2016, the National Copyright Administration will carry out a Jianwang action every year, and list online piracy of videos, music, literature, etc. as key objects of rectification.

At the same time, the "Notice on Ordering Online Music Service Providers to Stop Unauthorized Dissemination of Music" is also being solicited for comments.

If this notice is issued, it will completely end the soil for online piracy platforms to live 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 intellectual property rights."

Chen Buyu scratched his head, looking a little distressed.

Having known Jiang Bo for so long, it was rare to see him so unconfident about a case.

Chen Buyu has known Jiang Bo since he was a judge in the Intellectual Property Tribunal, and this case is exactly what he is good at. There is no reason for this?
"Oh, you still don't understand what I mean."

Jiang Bo smiled and patted his shoulder.

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

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

From entering the court in 1997 to leaving in 2011, Jiang Bo spent his entire youth there. In 2004, the Supreme Court trialed intellectual property cases in the GD Provincial Higher People's Court on a pilot basis.

Prior to this, intellectual property cases across the country were heard by intermediate courts.

The Guangdong Provincial High Court selected his court as one of the pilot grassroots courts. Jiang Bo, who was the vice president of the economic division of the court at the time, took over the trial of intellectual property cases. Not long after, the court established an independent intellectual property division, with Jiang Bo in charge. President.

Serving as a judge in the Intellectual Property Tribunal gave Jiang Bo the opportunity to come into contact with a large number of new types of cases and new things, gained a lot of experience, and greatly improved his ability.

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

"Let me tell you, I never thought of leaving the court. When I was studying, the ultimate dream of a law student was to become a judge. A judge is the most noble profession in the hearts of legal people."

"But with Penguin, thinking about problems can no longer be as simple as before. We can win, but what happens after we win?"

Jiang Bo lit a cigarette, "Winning the lawsuit doesn't mean anything, and you may even lose in the future of the company."

The transformation of identity is exactly that.

The value of judges is reflected in their professional ability. On this point, corporate legal affairs have the same requirements. Even, due to the highly changing characteristics of the industry in which the company operates, for corporate legal affairs, in addition to solid professional capabilities, they also need to have strong Resource integration ability and strong predictive ability.

At the same time, in the enterprise, corporate legal affairs need to have a stronger awareness of active thinking, and need to take the initiative to consider the ideas, directions, steps, and links of the solution.

All of these are inseparable from the lofty belief of legal workers in the law and their persistent passion for work.

"Let's mediate. I think mediation is better for this case."

"Huh? Mediation?"

When Chen Buyu asked about the reason, Jiang Bo explained, "Whether it is an offense or a defense, it is untenable to talk about opinions and legal relations without the act itself."

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

"Losing this lawsuit will have too much impact on us. It is best to control the risk well."

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

Compared with post-event remedies such as litigation and rights protection, Jiang Bo cares more about risk control in the early stage, and is committed to niping risks in the bud.

The Internet industry is changing rapidly and there are many products, and every update of product functions may bring about changes in legal attributes. Avoid potential legal risks under the premise of affecting product functions.

Being a judge only requires a deep understanding of the operating rules of the law, but the general manager of legal affairs of an enterprise also needs 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 commercial rules are more flexible, but the two are not in opposition to each other. Legal rules in civil law are mostly 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 internal unified relationship between the two.”

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

Chen Buyu nodded. Those who can achieve the position of executives are not those who can't listen to what they say.

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

Jiang Bo has a keen insight, he can quickly clear the fog on the surface of any topic, and directly point to the essence of things.

"Brother Jiang, I feel so at ease with you here."

With the enlightenment from professionals, Chen Buyu finally regained his confidence.

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

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

In his heart, he has always defined himself as an "assistant", saying that legal workers are in a position of support and assistance to escort the development of the company.

(End of this chapter)