You became a lawyer and sent the judge in
Chapter 212 Continuous refutations, major judgments!
Chapter 212 Continuous refutations, major judgments!
Su Bai noticed Chen Xiang's expression and roughly guessed what the other person was thinking through his micro-expressions. He smiled slightly and didn't take it too seriously.
Hammer him to death?
You’ll understand whoever hits who.
Chen Xiang's statement does have a certain legal basis.
criminally.
According to the indirect causal relationship, it is equivalent to saying that companies must operate software to make profits.
The software is suspected of spreading dirty videos and is one of the company's business methods, so there is a necessary relationship between the two -
This is Chen Xiang's general idea above.
As we have learned before, this lawsuit needs to achieve five points for Wang Bo.
Chen Xiang has already finished his statement on his profit-making purpose and suspected dissemination of obscene videos.
The purpose of making profit is only one part of it, and what Chen Xiang stated makes sense.
The key is whether the presiding judge will make a judgment on this and admit that indirect causation is equivalent to direct connection.
dong dong!
After listening to Chen Xiang's statement, a hint of joy appeared on Yang Yaodong's face.
Chen Xiang's indirect cause and effect can be completely judged for the purpose of making profit.
This made him feel a lot better.
At least in terms of punishment, the sentence can be slightly harsher.
After all, the right to impose lighter or heavier criminal penalties lies with the courts.
As long as it doesn't violate the bottom line and upper limit of the law, it's okay.
Yang Yaodong looked at the defendant's seat:
"Does the defendant have anything to add to the prosecutor's statement?"
"There are presiding judges."
"But before that, I also want to ask the prosecutor some questions."
Yang Yaodong frowned slightly and asked a question?
"Can the lawyer appointed by the defendant make his own statement?"
Is this blatantly targeted?
Su Bai raised his head and looked at the presiding judge's seat with a serious expression.
"President, during the trial and defense period, lawyers have the right to request inquiries, ask questions, and ask questions. This is a right granted by law."
"So I make another request."
"Request to ask the prosecutor some questions and seek permission from the presiding judge."
Hearing Su Bai's words, Yang Yaodong felt a little unhappy, but not too embarrassed.
During the defense period, it is indeed the right given by law to the defense lawyer to conduct questioning.
At the same time, the main reason is that Yang Yaodong knows it very well.
This indirect causal relationship can completely determine illegal profit-making.
No matter what views Su Bai stated, if he could not produce a legal defense or factual evidence that would have a significant impact.
The decision still needs to be made, and this is a factual result that cannot be changed.
"The defendant should entrust a lawyer to inquire."
Yang Yaodong's tone was calm, and no change in emotion could be heard.
"Ok."
After receiving permission, Su Bai's eyes fell on Shen Xiang:
“May I ask the prosecution about the indirect causation you proposed.
It refers to the indirect causal relationship between Dobo being suspected of spreading dirty videos, attracting users, using users to watch advertisements, generating revenue, making profits and spreading dirty videos, right? "
Chen Xiang said: "Yes."
"Then let me ask the prosecution, who is the subject of this act?"
"The main body of the behavior is animation."
"Okay." Su Bai nodded and continued:
"In this behavior, the main body of the behavior is Dongbo. Dongbo spreads dirty videos. It is not something Dongbo can spread by itself, right?"
Chen Xiang was silent.
Su Bai continued to speak:
"What is animation?"
"Dongbo is just a player. How the user uses it is up to the user. Dongbo can only passively accept it.
According to the point of view of the prosecution, it means that the main purpose of users using Dongbo is to play pornographic videos.
Therefore, the number of animation users is large.
We do not accept this concept. "
"I would like to ask, the complaint alleges that our revenue has an indirect causal relationship with the dissemination of dirty videos. Do we need to first prove that our main business method is to attract users through the dissemination of dirty videos?"
Chen Xiang said: "This is the consensus of users. Why users are willing to use Dongbo is because during the communication among users, Dongbo is good at watching dirty videos and can extract pornography from Dongbo's servers. video."
Su Bai ignored Chen Xiang's answer and just asked again.
"During the prosecutor's investigation, what are the main business methods of Dongbo? Has Dongbo proactively provided users with dirty videos?"
"No."
"During the business investigation, Dongbo's main business method is to play dirty videos, and the number of dirty videos played reaches 75% of the temporary storage."
"Looking at it from this aspect, isn't this a way for animation to attract users?"
"Okay, thank you for your cooperation, but we don't agree with the prosecution's question."
Su Bai shook his head.
"What are the business methods of Dongbo?"
"Dongbo's business is based on technical means such as Dongbo's fast search and high-definition playback acceleration."
"You know, Dongbo is just a player, and the player mainly provides technology for playing videos."
"Playing dirty videos is just one of the contents of the player."
“As far as I know, there are many other players and video apps that can also play dirty videos.
Why don't users choose other players?
Because users know that the technology of dynamic broadcast is good, high-definition is efficient and high-speed.
This is the bottom-level business method of animation, rather than spreading dirty videos as a business method.
If according to the prosecution, other players can also play dirty videos, why don’t users choose theirs instead of Dongbo?
In other words, other players have also committed illegal and criminal acts. Why did the prosecutors not prosecute other players for their illegal and criminal acts?
Can the prosecutor explain the reason for this? "
"..."
Chen Xiang:.?
Meanwhile, other player executives: ? ? ?
Are you trying to force them to do it?
However, according to this statement, they do not know whether the causal relationship is correct or not.
But
After the live broadcast of this court trial was broadcast, Dongbo's reputation improved, but their reputation deteriorated!
Comments in the live broadcast room of the trial were also somewhat infuriating.
"Yes... I don't quite understand. According to the prosecution's method and angle of prosecution, Dongbo is not the only company that committed crimes. Other players also committed crimes." "But why is it only Dongbo? Has the person in charge been prosecuted?”
"..."
"This question is indeed a bit difficult to answer, but I want to know that the key is whether we can win this trial! Can we prove that Lawyer Su can maintain the myth of winning?"
"The one who said he has some legal knowledge before, pull him out and ask."
"Ahem... Stop it, stop it. I don't understand it very well, but I can still explain it to you."
"So far, from the perspective of profit-making and causality, the prosecution has a certain advantage."
"However, after this rhetorical question from the defendant's litigator, I feel that the two are on par."
"The prosecutor's statement...is legally valid, but the way it was stated is not quite right. You can understand it this way...it smells bad but tastes good."
"That's probably what it means. I can't say the rest. Everyone, just keep reading."
.
....
The trial is still continuing.
In court.
At the presiding judge's seat, Yang Yaodong passed the two people's defenses, and the joy on his face gradually disappeared.
If he had known earlier, he should not have asked Su Bai to inquire.
The plea just made was plain.
This is Su Bai’s sophistry!
What do you mean?
The general idea is that Chen Xiang expressed the view that Dongbo has so many users because it can play dirty videos.
There is an indirect causal relationship between users watching advertisements, generating profits and spreading filth.
What is Su Bai's point of view?
Users seem to come here for the ability to play dirty videos, but in fact they come here for the animation technology.
Otherwise, why don’t users download other players?
Other players can also play dirty videos!
Users do not download products from other companies, but download Dongbo. This is because of Dongbo’s technology!
Both sides' views have some basis.
The presiding judge needs to make a judgment, and, how should I say it?
Yang Yaodong's tendency itself is in favor of the prosecution. At this stage of the determination, it must be determined that there is a causal relationship.
This has a legal basis.
Even if Su Bai brought up the supervision and inspection, there is no problem.
But here’s the rub.
The questions raised by Su Bai need to be answered, otherwise, it will have a huge impact on the credibility of the court's judgment.
Think again.
Yang Yaodong sorted out the litigation materials in his hand and said, "Defendant, your point of view is that users come here for your technology. Can you explain this in detail?"
"In other words, as to why the user did not go to other videos to play, and the accuser determined that the user was well aware of the broadcast of dirty videos, do you have anything to explain about this?"
"Presiding judge, I am not very technical. This point can be answered by our client."
"Okay, Wang Bo, let's talk."
Wang Bo gave a brief description of the animation technology.
Actually.
Yang Yaodong didn't understand technology. Faced with Wang Bo's statement, Yang Yaodong didn't know how to answer, but for this point, he only needed to make a comparison.
This point is not the key issue in the discussion.
dong dong.
The gavel struck: "Through Wang Bo's statement, the court has a general understanding."
"So, do you have any problems with users knowing that Dongbo is spreading dirty videos?"
this problem?
Although this is the default question in everyone's mind.
But not admitting it at trial is also a strategy.
"Presiding judge, we have not seen the relevant evidence, so we will not admit it."
Yang Yaodong:….
Well, at the trial, the defendant argued that there was no evidence to prove it, which was indeed irrefutable.
There are hundreds of millions of users of Dongbo. It is very impossible to conduct an investigation.
Even through online voting... Dongbang can completely deny this,
Because they can say that's not their user, or that it doesn't validate the subjectivity of the voting community.
It is unrealistic to use users to provide evidence in evidence collection.
Every time we get to this stage of proof.
Often we will fall into a certain deadlock.
The current situation is that Su Bai, the defendant's litigation lawyer, stated that Dongbo uses technology to attract users.
The prosecution stated its point of view - Dongbo attracts users by spreading dirty videos.
Determined the submissions of the defendant's litigants.
This indirect cause and effect cannot be judged.
Using the prosecution's statements, indirect causation can be determined.
However... there is no explanation for the defendant's statement.
.
....
and so.
The problem is back to the beginning.
Is there any evidence that Dongbo attracts users by spreading dirty videos?
Although everyone knows this, but the prosecutor has not provided evidence...how to judge?
dong dong!
Yang Yaodong banged the hammer and looked at Chen Xiang: "Does the prosecutor have anything to say about the defendant's lawyer's statement? Or is there any evidence to be submitted?"
Chen Xiang: ....
He turned to look at Li Lin aside.
"Have we collected relevant evidence?"
"it's here."
"Ok!"
Chen Xiang put the collected evidence on the trial.
The content of the evidence mainly focuses on the investigation of personnel within the animation company.
According to the testimony of the supervisor of the Ministry of Market Regulation.
Question: What channels does your company mainly use to attract users?
The supervisor replied: Users prefer to use our company’s software to watch short videos.
.
...
Testimony is handed over to all parties.
On the trial stage, Yang Yaodong smiled.
Through this testimony, it is determined that Dongbo attracts users by spreading dirty videos, and there is no problem.
After making such a judgment.
Then it can be further determined that there is an indirect relationship between Dongbo’s revenue and the dissemination of pornographic videos.
Then...
The key point is that Dongbo makes profits by distributing dirty videos.
.
....
PS: Ask for a monthly pass~
(End of this chapter)
Su Bai noticed Chen Xiang's expression and roughly guessed what the other person was thinking through his micro-expressions. He smiled slightly and didn't take it too seriously.
Hammer him to death?
You’ll understand whoever hits who.
Chen Xiang's statement does have a certain legal basis.
criminally.
According to the indirect causal relationship, it is equivalent to saying that companies must operate software to make profits.
The software is suspected of spreading dirty videos and is one of the company's business methods, so there is a necessary relationship between the two -
This is Chen Xiang's general idea above.
As we have learned before, this lawsuit needs to achieve five points for Wang Bo.
Chen Xiang has already finished his statement on his profit-making purpose and suspected dissemination of obscene videos.
The purpose of making profit is only one part of it, and what Chen Xiang stated makes sense.
The key is whether the presiding judge will make a judgment on this and admit that indirect causation is equivalent to direct connection.
dong dong!
After listening to Chen Xiang's statement, a hint of joy appeared on Yang Yaodong's face.
Chen Xiang's indirect cause and effect can be completely judged for the purpose of making profit.
This made him feel a lot better.
At least in terms of punishment, the sentence can be slightly harsher.
After all, the right to impose lighter or heavier criminal penalties lies with the courts.
As long as it doesn't violate the bottom line and upper limit of the law, it's okay.
Yang Yaodong looked at the defendant's seat:
"Does the defendant have anything to add to the prosecutor's statement?"
"There are presiding judges."
"But before that, I also want to ask the prosecutor some questions."
Yang Yaodong frowned slightly and asked a question?
"Can the lawyer appointed by the defendant make his own statement?"
Is this blatantly targeted?
Su Bai raised his head and looked at the presiding judge's seat with a serious expression.
"President, during the trial and defense period, lawyers have the right to request inquiries, ask questions, and ask questions. This is a right granted by law."
"So I make another request."
"Request to ask the prosecutor some questions and seek permission from the presiding judge."
Hearing Su Bai's words, Yang Yaodong felt a little unhappy, but not too embarrassed.
During the defense period, it is indeed the right given by law to the defense lawyer to conduct questioning.
At the same time, the main reason is that Yang Yaodong knows it very well.
This indirect causal relationship can completely determine illegal profit-making.
No matter what views Su Bai stated, if he could not produce a legal defense or factual evidence that would have a significant impact.
The decision still needs to be made, and this is a factual result that cannot be changed.
"The defendant should entrust a lawyer to inquire."
Yang Yaodong's tone was calm, and no change in emotion could be heard.
"Ok."
After receiving permission, Su Bai's eyes fell on Shen Xiang:
“May I ask the prosecution about the indirect causation you proposed.
It refers to the indirect causal relationship between Dobo being suspected of spreading dirty videos, attracting users, using users to watch advertisements, generating revenue, making profits and spreading dirty videos, right? "
Chen Xiang said: "Yes."
"Then let me ask the prosecution, who is the subject of this act?"
"The main body of the behavior is animation."
"Okay." Su Bai nodded and continued:
"In this behavior, the main body of the behavior is Dongbo. Dongbo spreads dirty videos. It is not something Dongbo can spread by itself, right?"
Chen Xiang was silent.
Su Bai continued to speak:
"What is animation?"
"Dongbo is just a player. How the user uses it is up to the user. Dongbo can only passively accept it.
According to the point of view of the prosecution, it means that the main purpose of users using Dongbo is to play pornographic videos.
Therefore, the number of animation users is large.
We do not accept this concept. "
"I would like to ask, the complaint alleges that our revenue has an indirect causal relationship with the dissemination of dirty videos. Do we need to first prove that our main business method is to attract users through the dissemination of dirty videos?"
Chen Xiang said: "This is the consensus of users. Why users are willing to use Dongbo is because during the communication among users, Dongbo is good at watching dirty videos and can extract pornography from Dongbo's servers. video."
Su Bai ignored Chen Xiang's answer and just asked again.
"During the prosecutor's investigation, what are the main business methods of Dongbo? Has Dongbo proactively provided users with dirty videos?"
"No."
"During the business investigation, Dongbo's main business method is to play dirty videos, and the number of dirty videos played reaches 75% of the temporary storage."
"Looking at it from this aspect, isn't this a way for animation to attract users?"
"Okay, thank you for your cooperation, but we don't agree with the prosecution's question."
Su Bai shook his head.
"What are the business methods of Dongbo?"
"Dongbo's business is based on technical means such as Dongbo's fast search and high-definition playback acceleration."
"You know, Dongbo is just a player, and the player mainly provides technology for playing videos."
"Playing dirty videos is just one of the contents of the player."
“As far as I know, there are many other players and video apps that can also play dirty videos.
Why don't users choose other players?
Because users know that the technology of dynamic broadcast is good, high-definition is efficient and high-speed.
This is the bottom-level business method of animation, rather than spreading dirty videos as a business method.
If according to the prosecution, other players can also play dirty videos, why don’t users choose theirs instead of Dongbo?
In other words, other players have also committed illegal and criminal acts. Why did the prosecutors not prosecute other players for their illegal and criminal acts?
Can the prosecutor explain the reason for this? "
"..."
Chen Xiang:.?
Meanwhile, other player executives: ? ? ?
Are you trying to force them to do it?
However, according to this statement, they do not know whether the causal relationship is correct or not.
But
After the live broadcast of this court trial was broadcast, Dongbo's reputation improved, but their reputation deteriorated!
Comments in the live broadcast room of the trial were also somewhat infuriating.
"Yes... I don't quite understand. According to the prosecution's method and angle of prosecution, Dongbo is not the only company that committed crimes. Other players also committed crimes." "But why is it only Dongbo? Has the person in charge been prosecuted?”
"..."
"This question is indeed a bit difficult to answer, but I want to know that the key is whether we can win this trial! Can we prove that Lawyer Su can maintain the myth of winning?"
"The one who said he has some legal knowledge before, pull him out and ask."
"Ahem... Stop it, stop it. I don't understand it very well, but I can still explain it to you."
"So far, from the perspective of profit-making and causality, the prosecution has a certain advantage."
"However, after this rhetorical question from the defendant's litigator, I feel that the two are on par."
"The prosecutor's statement...is legally valid, but the way it was stated is not quite right. You can understand it this way...it smells bad but tastes good."
"That's probably what it means. I can't say the rest. Everyone, just keep reading."
.
....
The trial is still continuing.
In court.
At the presiding judge's seat, Yang Yaodong passed the two people's defenses, and the joy on his face gradually disappeared.
If he had known earlier, he should not have asked Su Bai to inquire.
The plea just made was plain.
This is Su Bai’s sophistry!
What do you mean?
The general idea is that Chen Xiang expressed the view that Dongbo has so many users because it can play dirty videos.
There is an indirect causal relationship between users watching advertisements, generating profits and spreading filth.
What is Su Bai's point of view?
Users seem to come here for the ability to play dirty videos, but in fact they come here for the animation technology.
Otherwise, why don’t users download other players?
Other players can also play dirty videos!
Users do not download products from other companies, but download Dongbo. This is because of Dongbo’s technology!
Both sides' views have some basis.
The presiding judge needs to make a judgment, and, how should I say it?
Yang Yaodong's tendency itself is in favor of the prosecution. At this stage of the determination, it must be determined that there is a causal relationship.
This has a legal basis.
Even if Su Bai brought up the supervision and inspection, there is no problem.
But here’s the rub.
The questions raised by Su Bai need to be answered, otherwise, it will have a huge impact on the credibility of the court's judgment.
Think again.
Yang Yaodong sorted out the litigation materials in his hand and said, "Defendant, your point of view is that users come here for your technology. Can you explain this in detail?"
"In other words, as to why the user did not go to other videos to play, and the accuser determined that the user was well aware of the broadcast of dirty videos, do you have anything to explain about this?"
"Presiding judge, I am not very technical. This point can be answered by our client."
"Okay, Wang Bo, let's talk."
Wang Bo gave a brief description of the animation technology.
Actually.
Yang Yaodong didn't understand technology. Faced with Wang Bo's statement, Yang Yaodong didn't know how to answer, but for this point, he only needed to make a comparison.
This point is not the key issue in the discussion.
dong dong.
The gavel struck: "Through Wang Bo's statement, the court has a general understanding."
"So, do you have any problems with users knowing that Dongbo is spreading dirty videos?"
this problem?
Although this is the default question in everyone's mind.
But not admitting it at trial is also a strategy.
"Presiding judge, we have not seen the relevant evidence, so we will not admit it."
Yang Yaodong:….
Well, at the trial, the defendant argued that there was no evidence to prove it, which was indeed irrefutable.
There are hundreds of millions of users of Dongbo. It is very impossible to conduct an investigation.
Even through online voting... Dongbang can completely deny this,
Because they can say that's not their user, or that it doesn't validate the subjectivity of the voting community.
It is unrealistic to use users to provide evidence in evidence collection.
Every time we get to this stage of proof.
Often we will fall into a certain deadlock.
The current situation is that Su Bai, the defendant's litigation lawyer, stated that Dongbo uses technology to attract users.
The prosecution stated its point of view - Dongbo attracts users by spreading dirty videos.
Determined the submissions of the defendant's litigants.
This indirect cause and effect cannot be judged.
Using the prosecution's statements, indirect causation can be determined.
However... there is no explanation for the defendant's statement.
.
....
and so.
The problem is back to the beginning.
Is there any evidence that Dongbo attracts users by spreading dirty videos?
Although everyone knows this, but the prosecutor has not provided evidence...how to judge?
dong dong!
Yang Yaodong banged the hammer and looked at Chen Xiang: "Does the prosecutor have anything to say about the defendant's lawyer's statement? Or is there any evidence to be submitted?"
Chen Xiang: ....
He turned to look at Li Lin aside.
"Have we collected relevant evidence?"
"it's here."
"Ok!"
Chen Xiang put the collected evidence on the trial.
The content of the evidence mainly focuses on the investigation of personnel within the animation company.
According to the testimony of the supervisor of the Ministry of Market Regulation.
Question: What channels does your company mainly use to attract users?
The supervisor replied: Users prefer to use our company’s software to watch short videos.
.
...
Testimony is handed over to all parties.
On the trial stage, Yang Yaodong smiled.
Through this testimony, it is determined that Dongbo attracts users by spreading dirty videos, and there is no problem.
After making such a judgment.
Then it can be further determined that there is an indirect relationship between Dongbo’s revenue and the dissemination of pornographic videos.
Then...
The key point is that Dongbo makes profits by distributing dirty videos.
.
....
PS: Ask for a monthly pass~
(End of this chapter)
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