Lawyer: The bully is not guilty? I will send him to death!

At this moment, it can be said that the entire legal world has its eyes on Lin Mo.

Because before the trial started, not only was the heat extremely high.

Even the Supreme Court thought this case was good and directly regarded it as a key case in the field of intellectual property rights.

The Supreme Court considered that the field of intellectual property rights has developed rapidly in recent years.

Especially the domestic game industry, which has huge output value but plagiarizes from each other, has long been wanted by the Supreme Court to solve this problem.

It just so happened that this time the alliance of five companies sued Penguin, and the matter became so big.

In addition, the lawyers on both sides of the war are famous teachers.

One is Lin Mo, a popular lawyer, and the other is Xiong Fei, a veteran god of war in the field of intellectual property rights.

There is no trial with more reference cases than this one.

Therefore, even the official account of the Supreme Court is live broadcasting the trial, and the live broadcast commentator is an old acquaintance - First Class Justice Yu Bing.

Almost all legal commentators on the Internet also paid attention to this trial.

Even before the war started, the media described this battle as the "Battle of Tianwang Mountain" in the field of intellectual property rights!

Lin Mo is hailed by the media as the toughest spear in the Rising League.

And Xiong Fei is known as Penguin's strongest shield!

There is quite a dramatic scene of a super showdown, so this trial has attracted much attention!

Even Professor Zhang Beilao, a senior professor in the field of intellectual property rights at Qingbei University Law School, is paying attention.

And Xiong Fei was the student he brought out.

Some reporters once asked Professor Zhang Bei whether it was unethical for Xiong Fei to help Penguin plagiarize?

Professor Zhang Bei’s answer is as follows:

"We are a country governed by the rule of law. We study laws to better promote national development. However, the incompleteness of the law leads to the emergence of loopholes. Only when loopholes appear can we repair them."

At that time, people who heard this answer were confused, and many people did not quite understand it. Instead, they accused Zhang Bei of aiding the emperor and allowing Xiong Fei to exploit loopholes.

Due to the recent popular incident, some reporters also interviewed him again.

He simply said: "This trial is very critical. I have studied it for many years. This trial may be able to solve many loopholes in the field of intellectual property rights."

“So whoever wins or loses, it’s a contribution to our legal research.”

"As for this lawsuit, I don't think there will be a winner in a short period of time, and it may last for a long time."

Zhang Bei never seemed to regard Xiong Fei as one of his own, but as a research subject.

Use him to continuously improve the laws in the field of intellectual property rights.

And he determined that this lawsuit would last for a long time and could provide him with sufficient research information.

in court.

The judge in charge of this trial is Long Zuo, the vice president of Nanshan District Court.

An extremely majestic man in his 40s, he specializes in the field of intellectual property rights, is young and powerful, and knows the game field well.

There is no one in the entire court who is more suitable to serve as the presiding judge in this case than him.

"Presiding judge, can I ask a question to the defendant's lawyer?"

Lin Mo did not speak first, but asked.

"Okay." Long Zuo nodded.

Lin Mo looked at Xiong Fei, and at this moment, Xiong Fei raised his head, extremely proud, and looked at the auditorium from time to time, enjoying the attention of the audience in the auditorium.

He seemed to really enjoy the feeling of being sought after by everyone.

Yes, many people in the legal field on the Internet are boasting about him. Of course he enjoys the feeling of being noticed and praised.

This is what it feels like to be a boss.

At this time, Lin Mo asked Xiong Fei: "Lawyer Xiong, have you ever realized that even if Penguin's behavior does not constitute infringement or plagiarism, it is a serious blow to the game industry?"

Xiong Fei sneered, looked at Lin Mo arrogantly, and said coldly: "All our actions revolve around the law. When our actions do not violate the law, it is normal behavior."

After listening, Lin Mo smiled.

As long as you don't break the law, it's just normal behavior.

"Presiding judge, my questions are over, now I start my legal request."

Lin Mo withdrew his gaze, picked up the information in his hand and began to say:

"First, Penguin Game Company's "Ten Thousand Dreams Star" project has caused infringements against five companies including my entrusting company, Haiyi, Tiancheng Deeds, Eternal, Chuangshi, and Yongle, including art resource infringement, patent infringement A series of infringements such as infringement and code plagiarism.

Now I believe that Penguin Game Company has committed the crime of patent counterfeiting and copyright infringement! "

"Second, Penguin Game Company has unfair competition because Penguin's Dream Star project plagiarized popular games from five of my companies, such as Tower Blade Auto Chess, Tiancheng Deeds' Bubble Kart, and Eternal' CS Zombie Resident Evil', Chuangshi's 'big battlefield' battle, Yongle Company's 'Battle Royale Actual Survival'

These five games are all well-known brands in terms of popularity, but Penguin Games directly copied them from the past, which constitutes unfair competition! "

"Third, for the above-mentioned infringement, I request Penguin Games to compensate my five companies for a total of 500 million yuan!"

"President, my statement is over."

Long Zuo nodded and looked at Xiong Fei: "Defendant's lawyer, please start your statement."

Lin Mo's statement was within everyone's expectation and violated patent rights, copyrights, and unfair competition.

Anyone who has learned about intellectual property law will sue Penguin in this way.

Everyone's eyes fell on Xiong Fei.

Xiong Fei didn't even stand up, leaning on the chair, crossing his legs, slightly looking up, looking like a super boss.

He just sneered and raised his hand very leisurely:

"Judge, I dismiss all the claims of the plaintiff's lawyer."

After saying that, he continued to maintain that arrogant look, and looked at Lin Mo with his nose throughout the whole process.

I have never seen such a pretentious person in the court.

Even Long Zuo, who was sitting in the judge's seat, frowned.

In fact, he has been dealing with Xiong Fei for many years, but there has been no intersection. In the past few years, this guy was really powerful, but he became more and more arrogant in the later period.

But every time the angle of argument is extremely tricky, he can often cite magical examples to argue and win the lawsuit.

Long Zuo himself has never favored anyone in this regard, and even from his own perspective, he will sympathize with these small companies.

But there is no way, the law is the law, before there are new laws or judicial interpretations.

Whoever is better at using the current set of laws can win the case.

And Xiong Fei is the master of all trades.

Or, after meeting so many lawyers over the years, Long Zuo believes that many cases are not unwinnable, but the plaintiff's lawyer is too weak.

When encountering a professional like Xiong Fei, the direction of the argument is wrong.

Long Zuo glanced at Lin Mo, thinking to himself, let's see if this person is a fake.

"Then please ask the plaintiff to argue the lawsuit you submitted based on the factual basis you submitted before the trial."

The right to speak returned to Lin Mo.

And Lin Mo narrowed his eyes and glanced at Xiong Fei. He didn't expect this guy to be so pretentious.

If it weren't for the judge's face, Lin Mo would apply for additional evidence now and directly display all the patents he has.

Evidence needs to be submitted before the trial. Generally speaking, the plaintiff's lawyer will hide something.

But he will not take out the hidden hand in the first argumentation link.

Because the purpose of submitting evidence before the trial is to give the judge advance consideration, so that the judge can have a psychological preparation and basis for sentencing in advance.

If evidence is submitted midway, the judge will be at a loss and even affect the judge's normal sentencing.

Although Lin Mo often did this before, the judge did not get angry because:

"First, the evidence supplemented by Lin Mo will generally win the game and will not affect the judge's normal sentencing."

"Second, Lin Mo often supplements new evidence in the second or even third round, and it seems that he has to bring it out, giving the judge face."

But if the hidden evidence is brought out in the first debate session of this lawsuit, wouldn't it be telling the judge:

"Judge, I just hid the evidence and didn't show it to you. I don't want you to prepare in advance. I just want to catch my opponent by surprise..."

If it really catches my opponent by surprise and the judge agrees, that's fine.

If it disrupts the judge's thinking and catches the judge by surprise...that's it. If it's minor, the court will be organized again to present evidence and cross-examination.

If it's serious, it will not be adopted directly.

So Lin Mo decided to leave a good impression on the presiding judge to ensure that his supplementary evidence would not be rejected, and also to kill Xiong Fei in one second.

The only drawback is that Xiong Fei had to speak for a while.

But it doesn't matter, he still won in one second!

In the first round of arguments, Lin Mo argued based on the evidence submitted in advance.

And the evidence submitted in advance was mostly some art appearance patents, which were used to confuse the audience.

So for Lin Mo, the first round was just a casual talk.

"....."

"So I think that the sports car mode of Penguin Wanmeng Star plagiarized the bubble kart of Tiancheng Jiji in terms of art resources, and even the vehicles driven by the characters are the same. The ranking UI, map arrow UI, map UI, etc. in the game are all copied from Bubble Kart.

And these appearance patents are all in the hands of Tiancheng Century, so the sports car mode of Wanmeng Star constitutes plagiarism and infringement."

"........"

Basically, in this round, Lin Mo argued that the game Wanmeng Star plagiarized the art resources of five companies' games in five major modes.

"Judge, my argument is over."

Lin Mo's argument lasted 13 minutes.

After it ended, many legal bigwigs also commented in the live broadcast room.

This round of Lin Mo's argument did not give anyone any surprises.

In Luo Daxiang's live broadcast room.

"Teacher Luo, how did Lawyer Lin perform?"

Luo Daxiang said very bluntly:

"It's very ordinary. Any intellectual property lawyer would say so. However, according to my understanding, if you play in this direction, you will basically either lose or fall into a protracted war and be dragged to death by Penguin in the end."

"Why?" The audience was a little anxious when they heard it, and asked in confusion.

Luo Daxiang: "Because Lawyer Lin's argument this round focused on the infringement of art resources in the game Wanmengzhixing, and according to what I know.

These art resources were updated by Penguin a week after the game was released, and now they are completely alienated.

Even if you win the lawsuit, you can only compensate Penguin for how much profit it has made in this week by using the plagiarized art resources.

After all, Penguin will not say that the art resources were infringed in the future.

This is also the reason why it has developed into a tug-of-war, because how much profit did it make in this week?

The plaintiff company must want compensation for the entire game cycle, and there are many ways to compensate... "

Many viewers understood.

To put it simply, even if the lawsuit was won after a lot of hard work, Penguin had already updated these art resources.

He can say that I did copy you, but after copying your art resources, the profit of the game has decreased... so I changed it again.

And compensation for patent infringement.

The first compensation standard: by calculating the total sales volume of the patented product reduced due to infringement, and multiplying it by the reasonable profit that each patented product should have, the product obtained is the actual loss suffered by the right holder due to infringement

The second compensation standard: when the specific amount of the right holder's sales reduction is difficult to determine, the product of the total market sales volume of the infringing product and the reasonable profit of each patented product can be used as an estimate of the right holder's loss due to infringement. An alternative method for the actual losses suffered.

Let alone how complicated the calculation method of compensation is, is the plaintiff willing to only calculate the losses within this week?

Not only does the calculation of compensation require a lot of things, the plaintiff will generally work hard to prove that even if the plagiarist has changed the art resources, he has made a fortune by using the original plagiarized art resources, and needs all subsequent compensation!

Then the whole lawsuit became more and more complicated, and the court was constantly adjourned for evidence. A year passed...

So all the major legal big Vs felt that Lin Mo's move was not very smart.

Professor Zhang Bei was also watching the live broadcast. Seeing that Lin Mo put forward such an ordinary argument, he shook his head with some disappointment.

He has seen this case too many times.

And at this moment, in the court.

Seeing that Lin Mo only showed infringement of art resources, Xiong Fei laughed, and laughed very disdainfully.

"I thought you would come up with some surprises, but it turned out to be this."

After laughing, Xiong Fei raised his hand directly: "Judge, I will start my statement now. ”

He didn't even wait for Long Zuo to remind him.

At this time, everyone's eyes fell on Xiong Fei.

"Haha, Lin Mo, the media described our trial as a battle of kings, but I think you are similar to those scum who sued Penguin before, all of them are the same old way of argument.

The art appearance patents you brought out are extremely ridiculous. I'm not saying that our company has changed it a long time ago. Even if it hasn't changed, it doesn't constitute infringement!"

Xiong Fei's words made everyone look surprised again.

What do you mean?

No change, no plagiarism infringement?

Everyone knows that when Penguin's Wanmeng Star was first released, in order to quickly promote the market, many modes not only plagiarized the gameplay, but also almost copied the game art resources of five companies.

At the beginning, they were almost exactly the same.

Only later did the relevant technical personnel have time to update these art resources, and repair them one by one to avoid the only art infringement.

But now Xiong Fei actually said that it doesn't constitute infringement if it hasn't been changed?

Just look at the comparison chart of the early versions of the game that Lin Mo took out, and they are exactly the same at a glance...