RINAPE :: Volume #11

#1007: „Does not compromise to the counterfeit goods seller”

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The Boss Ma movement is really quick. 马老板的动作果然很快。 When Li Mu is busy supervising „the Taobao net's first nation individual Webmaster congress” preparatory work, is employed in the Boss Ma disputing stick group already in the form of legal help , helping more than 200 sellers, wrote a joint indictment, submits to the area people's court that Muye Science and Technology Corporation registered is. 就在李牧忙着监督“淘宝网第一届全国个人站长大会”筹备工作的时候,受雇于马老板的讼棍团已经以法律援助的形式,帮助这两百多个卖家,写了一封联名的起诉书,递交给了牧野科技公司注册地所在的区人民法院。 It is reported that disputed that the stick group represents more than 200 the seller by Taobao shop, „encroaches upon individual virtual property” on the grounds of Muye Science and Technology, sues Muye Science and Technology, requesting Muye Science and Technology to lift a ban the seller YY account numbers of all plaintiffs. 据传,讼棍团代表两百多被淘宝封店的卖家,以牧野科技“侵犯个人虚拟财产”为由,起诉牧野科技,要求牧野科技解禁所有原告的卖家yy账号。 Area people's court first receiving „encroaches upon individual virtual property” for by civil action, before, but also no one regards as individual virtual property to conduct the lawsuit the internet product, legal precedent that therefore cannot profit from at present, the staff in area court also feel for a short time somewhat thornily. 区人民法院还是第一次接到“侵犯个人虚拟财产”为由的民事诉讼,在之前,还没有人将互联网产品视作个人虚拟财产进行诉讼,所以眼前没有可以借鉴的判例,区法院的工作人员一时半会也感觉有些棘手。 The judges in area court under convening of chief, held a close-door brief meeting, specifically discussed the specific detail of this lawsuit. 区法院的法官们在院长的召集下,开了一个闭门碰头会,专门讨论这次诉讼的具体细节。 A presiding judge of civil court trading adjudication division, according to the flow must be direct person in charge of this case, the case and judges of civil court are managed by him, therefore he is also pressure biggest one. 民事庭一位商事审判庭的庭长,按流程应当是这次案件的直接负责人,民事庭的案件与法官都是由他来管理,所以他也是压力最大的一个。 At close-door meeting, this presiding judge quite said discretely: „, According to the stipulation, our area court must give the opposite party explicit reply that in seven working days whether accepts, but same type legal precedent that this case not only cannot profit from, but also involves internally even around the world the strength to be at present strongest, but also most respected China internet enterprise, if we accept this case, likely advances at Muye Science and Technology the keenest struggle all of a sudden, this is the whole nation attention star enterprise, if the operation is not good, the effect on our area court is very big!” 在闭门会上,这位庭长颇为谨慎的说:“诸位,按照规定,咱们区法院必须在七个工作日内给予对方是否受理的明确回复,而这件案子不仅没有可以借鉴的同类型判例,而且还涉及目前在国内甚至在世界范围内实力最强,而且最受尊敬的华夏互联网企业,如果我们受理这个案子,很可能一下子就把牧野科技推到风口浪尖上,这可是举国关注的明星企业,如果操作不好,对咱们区法院的影响可是非常大的啊！” The leadership of several other area courts cannot find way out, this case is truly thorny, side is the plaintiff group that more than 200 people compose, side is the home most prestigious star enterprise, if not accept this case, more than 200 people do not know that what will become noisily ; If accepted, is not only equivalent to the court accepted the plaintiff group subjectively „individual virtual property” view, but also advanced the keenest struggle this star enterprise personally, if operates carelessly, the responsibility is important. 其他几位区法院的领导也都一筹莫展,这件案子确实棘手,一边是两百多人组成的原告团,一边是国内最具声望的明星企业,如果不受理这件案子,这两百多人不知道会闹成什么样;如果受理了,不仅相当于法院主观接受了原告团的“个人虚拟财产”说法,还亲手将这个明星企业推到了风口浪尖,如果操作不慎,责任重大。 At this time, the leader in area court opened the mouth saying: „, I have searched all with the Muye Science and Technology related judicature record, now has not discovered that Muye Science and Technology has involved any litigation, what can determine, Muye Science and Technology is not only the star enterprise, but also is very clean star enterprise, if our area court accepted this case, that Muye Science and Technology the hat of first village sect litigation, but fell on our area court.” 这时候,区法院的一位领导开口道:“诸位,我已经查遍所有与牧业科技相关的司法记录,现在还没有发现牧野科技涉及过任何一宗司法诉讼,可以确定的是,牧野科技不仅是个明星企业,而且是个非常干净的明星企业,如果咱们区法院受理了这件案子,那牧野科技的第一庄宗司法诉讼的帽子,可就落在咱们区法院头上了。” Such remarks, everyone complexion one cold. 此话一出,所有人面色一凛。 China person everything is most tasteful the first time, if in booth good said for the first time fortunately, if in booth bad, that possibly was enmity for a lifetime. 华夏人凡事最讲究第一次,如果摊上个好的第一次还好说,如果摊上个坏的,那可能就是一辈子的仇了。 Also, no one wants the enterprise to smudge on the stain to the star on own initiative, this cannot do well will bring to continue the profound adverse effect. 再说,谁也不想主动给明星企业涂抹上污点,这搞不好会带来持续深远的不良影响。 The people worry all of a sudden, everyone does not think this turbid water, but also does not have the means that who lets Muye Science and Technology is the registration the range in the area court function covering, this case subsegment court cannot avoid. 众人一下子犯了难,所有人都不想蹚这趟浑水,可是又没有办法,谁让牧野科技是注册在区法院职能覆盖的范围内,这个案子区法院根本躲不开。 People silent moment, suddenly has the judge of research to open the mouth to say to the economy: „Or we communicate with Muye Science and Technology ahead of time, I thought that this case is also not all that serious, nothing but is more than 200 plaintiffs wants their YY account number, Muye Science and Technology now the fame rising golden opportunity, is really not worthwhile to involve in such case, was inferior that direct out of court settlement considers as finished.” 众人沉默了片刻,忽然一个对经济颇有研究的法官开口道:“要不我们提前跟牧野科技沟通一下吧,我看这件案子本身也没什么大不了,无非就是两百多个原告想要回他们的yy账号,牧野科技现在正是名气如日中天的大好时机,实在犯不上牵扯进这样的案子里,不如直接庭外和解算了。” Saying, this person supplemented one: „Moreover everyone do not forget the legal principle theory of law, although does not have the concrete legal precedent before then, but I felt, in view of legal principle theory of law, plaintiff's demand reasonable, network account number and network asset although virtual, but also has its value and individual **, the virtual goods, were included the personal property category I to think that like this is sooner or later issue, therefore I felt, if Muye Science and Technology is not willing to draw back one step, after seven working days, we must take up this case, letting Muye Science and Technology becomes the defendant, once otherwise we reject plaintiff's demand, we might very much become in the future domestic in the virtual property protection. Material for negative education in law as well as relevant case.” 说着,这人又补充了一句:“而且大家千万别忘了法理,虽然在此之前没有具体的判例,但是我个人感觉,从法理的角度出发,原告的诉求是有道理的,网络账号、网络资产虽然是虚拟的,但也有它的价值和个人**,这样的虚拟物品,被列入个人财产范畴我觉得是迟早的问题,所以我个人感觉,如果牧野科技不愿意退一步,七个工作日之后,我们还是要受理此案,让牧野科技成为被告,否则一旦我们驳回原告的诉求,那么我们很有可能成为未来国内在虚拟财产保护法以及相关案件中的一个反面教材。” The view of this judge obtained everyone's approval, if the area court and is not rejected plaintiff's request at the virtual property by legal person insured today, then once in the future the virtual property were protected by the law, oneself became the material for negative education, moreover is forever material for negative education. 这位法官的说法得到了所有人的认可,如果今天区法院以虚拟财产不受法律保户为由、驳回了原告的请求,那么将来一旦虚拟财产被法律保护,自己就成了反面教材,而且将是永远的反面教材。 Present is quite experienced law outstanding student, the sense of smell especially is keen, everyone is very clear, the virtual property by the legal approval is only a time issue, rather than to wrong issue. 在座的都是颇有经验的法学高材生,嗅觉格外敏锐,大家都很清楚,虚拟财产被法律认可只是一个时间问题,而不是一个对错问题。 At this time, the presiding judge of civil court took the lead to break silent, said: „If it seems like continues to tow, in seven days we accepted this case basically unable to hide, when the time comes out of court settlement was also means that so long as this case do not make to go to court, to Muye Science and Technology on no tremendous influence, believes that Muye Science and Technology person will have the explicit judgment.” 这个时候,民事庭的庭长率先打破沉默,说:“看来如果继续拖下去,七天内我们受理这件案子已经基本上是躲不掉了,到时候庭外和解也是个办法,这件案子只要别弄得对簿公堂,对牧野科技来说就没什么大影响,相信牧野科技的人自己也会有明确的判断。” The chief nods, said: „That this, we first contact in secret with Muye Science and Technology, the situation of case, as well as plaintiff's demand told them, urged them to solve the problem outside the court as far as possible, if really must make on the court, was Muye Science and Technology own choice, no wonder we.” 院长点点头,说:“那就这样,我们先跟牧野科技私底下接触一下,把案件的情况,以及原告的诉求都告诉他们,尽量劝他们在法庭外解决问题,如果真要闹上法庭,也是牧野科技自己的选择,也就怪不得我们了。” ...... …… Relating Li Mu is quite difficult regarding the area court . Moreover the area court cannot directly conduct public to public to relate with Muye Science and Technology through the normal way, therefore went through many relations, finally finally gave Li Mu's personal assistant Li Ziwei there the information. 联系李牧对于区法院来说颇为困难,而且区法院又不能通过正常的途径直接跟牧野科技进行公对公联系,所以辗转了多条关系,最后终于把信息传递到了李牧的私人助理李紫薇那里。 Li Ziwei thought that this matter has a great influence on Muye Science and Technology, therefore after receiving the message, first conveyed the news to Li Mu. 李紫薇觉得这件事对牧野科技影响很大,所以收到消息之后,第一时间就把消息转达给了李牧。 Also more than 200 sellers sue the Muye Science and Technology news jointly, Li Mu actually must early, because in more than 200 Taobao sellers that knows compared with the area court has the undercover seller that the Taobao net places, prosecution warrant and other documents , several sellers of undercover have also been involved jointly, therefore Li Mu starts to add fuel to the flames in Boss Ma most starts to be familiar with his behavior. 两百多卖家联名起诉牧野科技的消息,李牧其实比区法院知道的还要早,因为两百多个淘宝卖家中有淘宝网安插的卧底卖家,联名起诉的委托书等文件,卧底的几个卖家也都已经参与其中,所以李牧在马老板开始推波助澜的最开始就已经对他的行为了如指掌。 Li Mu can conclude, Boss Ma the depth has participated now, now is not more than 200 sellers is breaking off the wrist/skill with Muye Science and Technology, but is Boss Ma breaks off the wrist/skill in the back with Muye Science and Technology. 李牧可以断定,马老板现在已经深度参与进来,现在不是这两百多个卖家在跟牧野科技掰手腕,而是马老板在背后跟牧野科技掰手腕。 To Li Mu, then must do, how to make Boss Ma win, moreover must win crisply. 对李牧来说,接下来要做的,是如何让马老板赢,而且要赢得爽。 Regarding this, Teacher Lei said own suggestion: „I feel or comply with out of court settlement, best really do not arrive in the share of going to court, on the one hand for the Muye Science and Technology prestige, on the one hand must guard against Boss Ma to use something as a pretext when the time comes, if he rubs the heat degree while this opportunity, that was too disgusting.” 对此,雷教主说出了自己的建议:“我觉得还是答应庭外和解,最好还是不要真到对簿公堂的份上,一方面是为了牧野科技的声誉,一方面也得提防马老板到时候借题发挥,如果他趁这个机会来蹭热度,那就太恶心了。” The Li Mu approval said: „If really walks the judicial proceeding, the entire flow was also too long, I favor letting Boss Ma refreshed fast win.” 李牧赞同的说:“如果真走诉讼程序,整个流程也太长了,我个人倾向于让马老板爽快的速赢。” Teacher Lei asked Li Mu: „Chief Li, do you currently have an appropriate solution?” 雷教主问李牧:“李总,你现在有没有一个合适的解决方案？” Li Mu smacks the lips saying: „General plan has one, is I hits own face.” 李牧咂嘴说道:“大概的方案有一个,就是我自己打自己的脸。” Teacher Lei asked: „How fighting method?” 雷教主笑问:“怎么个打法？” Li Mu said with a smile: „First spreads the news, said that I had heard the things of more than 200 seller jointly prosecutions, but Muye Science and Technology will not make any compromise, all junctions are adjudicated by the law.” 李牧笑道:“先放出消息去,就说我已经听说了两百多卖家联名起诉的事情,但是牧野科技不会做出任何妥协,一切交由法律裁决。” Saying, Li Mu was also saying: „My attitude is stronger, more can stimulate the fighting spirit of Boss Ma, when the time comes he will certainly put in more energy to come , after the court accepts officially, I make Muye Science and Technology lift a ban the numbers of more than 200 sellers immediately completely, when the time comes does not send any announcement, does not conduct any out of court settlement, lifts a ban directly, making Boss Ma know, I recognized instigate.” 说着,李牧又道:“我的态度越强硬,就越能激发马老板的斗志,到时候他一定会投入更多的精力进来,等到法院正式受理之后,我立刻让牧野科技把这两百多卖家的号码全部解禁,到时候不发任何公告,也不进行任何庭外和解,直接解禁,让马老板知道,我认怂了。” Teacher Lei nods: „Your this hits own face, will definitely make Boss Ma have an misconception, making him think that was he himself hit your face.” 雷教主点点头:“你这样自己打自己的脸,肯定会让马老板有种错觉,让他以为是他自己打了你的脸。” Li Mu said with a laugh: „Wanted is this effect.” 李牧笑着说:“要的就是这种效果。” ...... …… The area court then received the message from Muye Science and Technology quickly, it is said this news also came from Li Mu oneself, the content of news is very simple, on In short: „Muye Science and Technology will not compromise to the counterfeit goods seller.” 区法院很快便收到了来自牧野科技的消息,据说这个消息还来自于李牧本人,消息的内容很简单,就一句话:“牧野科技绝不会向假货卖家妥协。” Simple In short, blocked the possibility of out of court settlement thoroughly. 简单一句话,彻底封死了庭外和解的可能性。 Li Mu thinks is very simple, wants to dig the biggest pit to Boss Ma, after oneself must put in great inconvenience a point, first raises damps, first makes him satisfy a craving. 李牧想的很简单,想给马老板挖最大的坑,自己就要委屈一点、先扬后抑,先让他过瘾。 Facing the Li Mu's tough stance, the numerous in area court lead, helpless, held a conference of internal discussion, finally decided that since Li Mu is not willing to compromise, but they have also said the hello ahead of time, at present is only left over to accept this road to walk. 面对李牧的强硬态度,区法院的一众领导无奈至极,又开了一场内部讨论的会议,最终决定既然李牧不愿意妥协,而他们也提前打过了招呼,眼下就只剩下受理这一条路可以走。 The virtual property was protected by the law is a trend, although did not have the explicit legal provision, but who can guess obtained the future trend of legal in this aspect, the area court does not dare the perverse actions, can only maintain itself, to walk with the tight trend in this precedent case in the front. 虚拟财产受法律保护已经是一种趋势,虽然还没有明确的法律条款,但是谁都可以猜得到法律在这方面的未来走向,区法院也不敢倒行逆施,只能在这种先例性的案件中保持自己跟紧趋势、走在前沿。 The Boss Ma disputing stick group fools around together for many years in the judicial world, various relations are comprehensive, therefore quick inquired the latest news from area Popwon-ri, when heard Li Mu firmly rejected area court „out of court settlement” the suggestion, Boss Ma did not feel surprisedly. 马老板的讼棍团在司法界厮混多年,各种关系都非常全面,所以很快就从区法院里打听到了最新的消息,当听说李牧坚决拒绝了区法院“庭外和解”的建议,马老板一点也不感觉惊讶。 Disputed with Li Mu was so long, Boss Ma thinks oneself understood Li Mu very much, in his opinion, Li Mu although was a standard man of action, but he was also the person who was proud and pays great attention to the dignity, making the possibility that he lowered the head almost be zero. 和李牧较量了这么久,马老板自以为自己很了解李牧,在他看来,李牧虽然是一个标准的实干家,但他也是一个非常自负且注重尊严的人,让他低头的可能性几乎为零。 However Li Mu is such strong, Boss Ma more wants to weaken his power and prestige, has flat head elder brother honey badger that type not to fear all, stakes the goal, even if keeps up with the mentality that must do to the ends of the earth. 不过李牧越是这么强硬,马老板就越想杀杀他的威风,颇有平头哥蜜獾那种不惧怕一切,盯死目标就算跟到天涯海角也要干的心态。 However, after such a long time contest, Boss Ma has wanted to defeat Li Mu and displacing that from most starts thoroughly, turned now only wants dozen of successful battles on Li Mu, this weaponry, Boss Ma ORIJEN (long for) to win extremely. 但是,经过这么长时间的较量,马老板已经从最开始的想彻底击败李牧、取而代之,变成了现在的只想在李牧身上打一场胜仗,这次这场仗,马老板极其渴望能够获胜。
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