Chapter 248 lying trough also is really others, side Dazhuang!( Asked monthly ticket) 第248章卧槽还真是人家的,方大状！(求月票) Looks at the feedback in computer page, Zhou resolute shook the head directly. 看着电脑页面上的反馈,周毅直接摇头了。 Although speaking of the present the rights protection many are excessively inferior, but Zhou Yizhen said that has to do with the Consumer Association for the first time. 虽然说到现在为止已经维权过很多次了,但周毅真的说起来还是第一次和消费者协会打交道。 What organization many actually not too clear Consumer Association is, moreover will frequently have the doubts, why we said that the consumer association sues, others radically bird not bird you? 很多人其实都不太清楚消费者协会到底是个什么样的机构,而且经常会生出疑惑,为什么我们说去消协投诉,人家根本鸟都不鸟你呢？ In fact the issue is very simple, because the Consumer Association does not have the compulsory law enforcement power, it is not the authority, it is only a semi-official national social organization. 事实上问题很简单,因为消费者协会并没有强制性的执法权,它不是政府部门,它只是一个半官方的全国性社会组织。 Right, it is a social organization. 对,它是一个社会组织。 Therefore he does not have the compulsory law enforcement power, the work that it can do mediates both sides, when the opposite party declines to mediate, did not have the means. 所以他不具有强制性的执法权,它能做的工作就是调解双方,所以当对方拒绝调解的时候,就没办法了。 This also why we said the consumer association, 315 sue you, others will pay no attention to your words radically. 这也就是为什么我们说去消协,三一五投诉你,别人会根本不理你的话。 But if you goes to the market regulation department, that was different. 但伱如果去市场监管部门,那就不一样了。 Regarding certain has the actual establishment, goes to the fire suit, you will see the different things. 或者对于某些有实际经营场所的,去消防投诉,那你会见到不一样的东西。 The fire prevention solely is not the biological father of property! 消防不单单是物业的亲爹喔！ When the Zhou resolute this time in the consumer association sues the efficiency is very high, the result of however obtaining made him a little vacant. 周毅这次在消协投诉时的效率挺高,但是得到的结果却让他有点茫然了。 Zhou resolute in the suit had talked clearly very much explicitly, the opposite party said oneself violate regulations, produces the contrary evidence. 在投诉的时候周毅已经很明确地说清楚了,对方说自己违规,拿出违规的证据来。 Moreover, drew back 10,000 steps saying that even oneself violated regulations, then the money in account number, how in oneself sufficient income number money does calculate? 而且,退一万步说,就算是自己违规,那么账号里的钱呢,自己充进账号里的钱怎么算？ Finally the reply of Consumer Association there coordinated agricultural chemicals customer service as before is, examines the contrary use third-party software, therefore according to the user agreement gives to seal to stop the account number. 结果消费者协会那里协调农药客服的回复依旧是,检测到违规使用第三方软件,所以按照用户协议给予封停账号。 Regarding his game account number and so on issue, similarly, according to user agreement, the property rights ownership of game account number in gizmondo. 至于说他的游戏账号之类的问题,同样,按照用户协议,游戏账号的所有权归属于游戏公司。 In other words, he imitated money not to have idea even, because the game account number was others. 也就是说,他就算是充了钱也没辙,因为游戏账号是人家的。 To be honest, Zhou resolute noticed that this reply was shocked. 说实话,周毅看到这个回复都惊呆了。 He has not thought, oneself from playing the game starts, various efforts, then also imitate money, the final result is, the game account number property rights are also not own! 他万万没想到,自己从玩游戏开始,各种努力,然后还充钱,最后的结果是,游戏账号所有权还不是自己的！ Zhou resolute cannot think through, why, why was this game account number your? I play for quite a while, imitates so much money, ending is also your right. 周毅想不通,凭什么啊,凭什么这游戏账号还是你们的了？那我玩半天,充那么多钱,完了还都是你们的对吧。 I am kneeling inadequately begging for food. 那我不成跪着要饭的了嘛。 Zhou resolute thought that opposite is deceiving itself, therefore he is thinking online seeks the answer, a result search discovered, own why directly by one „user agreement” hitting smashing. 周毅觉得对面在骗自己,于是他想着去网上找找答案,结果一搜索就发现,自己的凭什么直接被一份“用户协议”给打的粉碎。 Because writes in that user agreement is very clear, you think that is your game account number, even you think that you used many year of account numbers , the property rights are others. 因为在那份用户协议上写的很清楚,你认为那是你的游戏账号,甚至你以为你用了很多年的账号,所有权都是人家的。 You only then the right of use of this account number! 你只有这个账号的使用权！ This agreement makes Zhou resolute startled be a Celestial, jokes aside, actually really few individuals, when will play the game to look at these bad and long user agreements. 这个协议让周毅惊为天人,说真的,其实真的没有几个人在玩游戏的时候会去看那些又臭又长的用户协议的。 Basically is instantaneously the complete point is, then registers the game directly. 基本都是瞬间全部点是,然后直接登录游戏。 Is same like the dispute of security industry, so many disputes, the reason will be very why simple, that bad and long agreement does not look clearly. 正如同保险行业的纠纷一样,为什么会有那么多的纠纷,原因很简单啊,那又臭又长的协议根本看不明白。 Who the average people know the specialized content that agreement said is anything, was not insures the sale to say what even anything. 普通人谁知道那协议里说的专业内容是什么,还不都是保险销售说什么就算什么嘛。 But has not good insurance sale to talk ambiguously, when needs to escape from danger, did not compensate. 而偏偏有很多无良的保险销售都会含糊其辞,所以等到需要出险了,又赔不了。 Also caused „this not to compensate, that did not compensate” the production of issue. 也就导致了“这也不赔,那也不赔”问题的产生。 Therefore returns to the account number issue, such a user agreement, can completely the property rights, even did the virtual property limit in game die? 所以回到账号问题中来,就那么一个用户协议,就能完全将所有权,甚至于游戏内的虚拟财产限制死了？ This is the penguin overbearing? 这就是企鹅的霸道吗？ Brings curiously, Zhou resolute searched, as a result, this situation, in the game industry has become the normal state unexpectedly. 带着好奇,周毅又搜了一下,结果发现,就这情况,游戏业内居然已经成为常态了。 In other words, before is very early starts, the property rights of game account number are the ownership in the gizmondo. 也就是说,从很早之前开始,游戏账号的所有权就都是归属于游戏公司本身的。 Solely is not the penguin, other gizmondos, regardless of the home overseas are such stipulation. 不单单是企鹅,其他的游戏公司,不论国内还是国外都是这样的规定。 Because only then stipulated like this, can enable the gizmondo to have the disposition right to the game account number jurisprudentially speaking! 因为只有这样规定了,才能从法理上使得游戏公司对游戏账号拥有处分权！ Also is our so-called titles. 也就是我们所谓的封号。 Otherwise, if the property rights of game account number are your, why does that gizmondo seal your number? 否则,如果游戏账号的所有权是你的,那游戏公司凭什么封你的号呢？ This is the first time that Zhou contacted game account number's issue. 这算是周某人第一次接触到游戏账号本身的问题。 To be honest, before Zhou resolute and many people were the same, was pure did not know the law, but now, passed through side Dazhuang such a long time being influenced by what one sees and hears, then also had an own opinion regarding the law. 说句实话,以前周毅和很多人一样,就是纯粹的不懂法,但是现在,经过了方大状这么长时间的耳濡目染,那对于法律也有了自己的一点见解。 But now, Zhou resolute relies on itself to be simple regarding the legal crime, the most essential understanding, how wants is not quite right. 而现在,周毅凭借自己对于法律罪简单,最本质的理解,怎么想都不太对。 Oneself used so many years account numbers, how is not own. 自己用了这么多年的账号,怎么就不是自己的了。 Moreover drew back 10,000 steps saying that the property rights of that even account number were not own, did oneself enter the money in game not to have sufficiently directly? 而且退一万步说,那就算账号的所有权不是自己的,那自己充进游戏里的钱就直接没了吗？ This is not right, because his Zhou obtains the systematic first duty to recharge backhandedly 1 million. 这不对啊,因为他周某人得到系统的第一个任务就是反手充值一百万。 At that time punished by the larceny, explained what issue, explained the virtual property in game account number to be counted the property! 当时是以盗窃罪论处的,说明什么问题,说明游戏账号内的虚拟财产是可以算作财产的！ Then now, the gizmondo confers a title upon casually, does money that oneself imitate how calculate? 那么现在,游戏公司随便就进行封号,那自己充进去的钱怎么算呢？ Zhou resolute thought that this issue has gone beyond the category that oneself have been able to understand, those who most tread the horse to be odd, originally the game account number also is really not own! 周毅觉得这个问题已经超出了自己能理解的范畴,最踏马离谱的是,原来游戏账号还真不是自己的！ side Dazhuang leaves ninth day, thinks him. 方大状离开的第九天,想他。 Zhou resolute sat in the office was a little confused, he thought that this issue was not right, that cannot absolutely this. 周毅坐在办公室里有点迷茫了,他觉得这问题不对,那绝对不能就这样。 What user agreement although according to that the property rights of account number is your, can money that I imitate consider as finished? 虽然按照那什么用户协议,账号的所有权是你们的,那我充进去的钱就能这么算了？ Moreover what nature is the game account number? 而且游戏账号到底算什么性质呢？ Zhou resolute did not make clear, in the past, so long as he does not make clear, that telephone in the past, even was needless to say the words, saw on the previous place directly. 周毅搞不清楚了,在过去的时候,只要他搞不清楚,那一个电话过去,甚至连话都不用说,直接就老地方见。 side Dazhuang like the roundworm in belly whole question explanation clear clear. 方大状就会像肚子里的蛔虫那样将整个问题解释的清清楚楚明明白白。 What to do, reports the news to side Dazhuang? 怎么办,给方大状发消息吗？ Previous time calls side Dazhuang, the opposite party met, but can listen is very truly busy, answering the telephone is very reluctant. 上次给方大状打电话,对方接了,只是可以听出来确实很忙,接电话很勉强。 Therefore the honest remark, Zhou resolute is not willing to disturb side Dazhuang now. 所以说实在话,周毅现在是不愿意去打扰方大状的。 That what to do, week joyfully? Can she? 那怎么办,周欣然？她可以吗？ The unexpected happening, Zhou resolute dialed the telephone of week rookies. 鬼使神差的,周毅拨通了周菜鸟的电话。 After one hour, previous place cafe. 一个小时后,老地方咖啡馆。 Zhou resolute routinely pushes the door to enter, routinely shouts: „Eastern uncle, three cups of coffee...... not, two cups, thanks.” 周毅习惯性地推门而入,习惯性地喊道:“东叔,三杯咖啡……哦不,两杯,谢谢。” Eastern uncle in counter starts to prepare the coffee personally, while said curiously: „How was two cups, little Attorney Zhou and Teacher side who hasn't come?” 柜台里的东叔一边开始亲自准备咖啡,一边好奇道:“怎么是两杯了,小周律师和方老师谁没来啊？” Here present is their previous place, the eastern uncle prepared the table of corner for them specially. 这里现在已经是他们三人的老地方了,东叔专门为他们准备了角落的桌子。 Without the means that is mainly Zhou resolute and side Dazhuang the talk extremely in the boldness, many people will hear will unable to bear. 没办法,主要是周毅和方大状的谈话太过于奔放,很多人听到了会受不了。 „side Dazhuang has not come, to go to the overseas, has the matter.” “方大状没来,去国外了,有事。” „Went overseas.” The eastern uncle nods: „This should early.” “去国外了啊。”东叔点点头:“这早应该去了。” What thing? Zhou resolute turned the head to look to the eastern uncle: „Uncle, you know why side Dazhuang does go overseas?” 啥玩意？周毅转头看向了东叔:“叔,你知道方大状为什么去国外？” „? Hasn't he told you?” The eastern uncle said with a smile there. “啊？他没告诉你吗？”东叔在那里笑道。 „At that time he walked special is busy, anything has not attended to saying with me.” “他当时走的特别忙,什么都没顾上和我说。” „, Has not attended, I knew.” “哦,没顾上啊,我知道了。” Zhou resolute: „O ( ( ) ) o” any situation you knew, the uncle can you tell me you to know anything. 周毅:“o(())o”啥情况你又知道了,叔你能不能告诉我你知道什么了。 „Good Boss Zhou big, do not count on that knows the situation of Teacher side from here, therefore today on you and little Attorney Zhou, your has the matter, there is a matter.” “行了周大老板,别指望从我这里知道方老师的情况,所以今天就你和小周律师呗,你们这是有事,还是有事啊。” Zhou resolute beckons with the hand saying: „Uncle your saying said that we had certainly the matter, came across an issue, wants to ask the week vegetable/dish...... joyfully.” 周毅摆摆手道:“叔你这话说的,我们当然是有事了,遇到个问题,想问问周菜……欣然。” The eastern uncle is preparing to say anything, saw that the gate of cafe was shoved open, the week is throwing over a long hair joyfully as before, put on an occupation to install. 东叔正准备说什么,就看到咖啡馆的门被推开了,周欣然依旧披着一头长发,穿着一身职业装走了进来。 Just because of day hot reason, therefore the upper body is the white shirt. 只不过因为天热的原因,所以上身是白衬衫。 „, Came, you first chatted.” “呶,来了,你们先聊。” „Joyfully, here!” Zhou resolute stands greeting to say. “欣然,这边！”周毅站起来招呼道。 Zhou Xinran arrived at the table to sit down, drank two coffee, this said: „How Zhou resolute? Has the matter?” 周欣然走到桌边坐下,喝了两口咖啡,这才道:“怎么了周毅？有事？” , On week face joyfully revealed a strange say/way: „I am not Teacher side, you called not to speak I unable to understand your meaning.” 顿了顿,周欣然的脸上露出了一丝古怪道:“我可不是方老师,你打电话过来不说话我理解不了你的意思。” Zhou Yitan lets go: „But you came.” 周毅摊摊手:“但你还是来了啊。” ...... …… „What matter therefore you do want to consult?” Zhou Xinran mentioned the proper business. “所以你想咨询什么事？”周欣然说起了正事。 „, Is this, this was not side Dazhuang went abroad recently, then I am thinking did not have side Dazhuang, I little made the trouble, therefore wallowed at the game.” “哦,是这样的,这不是最近方大状出国了,然后呢我想着没了方大状,我还是少招惹是非,于是就沉迷于游戏。” „Said the key point.” “说重点。” Zhou hurried to stop oneself mouth, said the issue. 周某人赶紧停止了自己的口嗨,将问题说了出来。 „Is my game account number was sealed the issue, I see a skin very to my appetite, therefore imitated 500......” “就是我的游戏账号被封了的问题,我看到有个皮肤很对我的胃口,于是充了五百块……” „Therefore now my issue is, joyfully, I imitated 500, bought the skin with part of money probably, but remaining part of money also in game account number.” “所以现在我的问题就是,欣然,我充了五百块,大概用其中的一部分钱买了皮肤,而剩下的一部分钱还在游戏账号内。” „That they almost will seal my account number now forever, what to do should I?” “那现在他们几乎是永封了我的账号,那我该怎么办呢？” At this point, Zhou resolute spoke thoughtlessly saying: „Was right, I online searched for before, probably said that this account number property rights are others gizmondo, joyfully, you said this......” 说到这里,周毅随口说道:“哦对了,我之前在网上搜了一下,好像说这账号所有权都是人家游戏公司的,欣然,你说这个……” The words had not said that was broken by the week joyfully. 话还没说完呢就被周欣然打断了。 „Did you online search for the result?” “你在网上搜了结果？” „Right, is not, joyfully, my is not intentional......” “对啊,诶不是,欣然,我这也不是故意的……” Actually is this saying comes out, Zhou Yicai realized, no matter the attorney or the doctor, actually abstained very much you in online „ask”, online „searches for”. 却是这话一出来,周毅才意识到,不管律师还是医生,其实都很忌讳你在网上“问问”,网上“搜搜”的。 Poured did not say that did not make you go online to seek the answer. 倒也不是说不让你去网上找答案。 Law thing you can online look. 法条这个东西你还是可以在网上找的。 However, regarding the question of law, is you who most abstained online sought the answer, ended consulted the attorney, with others said that I online looked for anything...... 但是呢,对于法律问题本身来说,最忌讳的就是你在网上找了答案,完了去咨询律师了,又和人家说我在网上找了什么什么…… Alternatively, others online said. 或者是,人家网上是这么说的。 You know, when the doctor or the attorney heard the answer that you used online to find to come with him to say was what idea? 你知道当医生或者律师听到你用网上找到的答案来和他说的时候是什么想法吗？ Since you can online solve the problem, why you spend to look for me. 那既然你能在网上解决问题,那你何必花钱来找我呢。 Therefore after Zhou resolute said that discovered was not right, rushed to explain, but the result was not quite probably good. 所以周毅说出来后就发现了不对,赶忙解释,不过好像结果不太好。 Front week smilingly said joyfully: „Brothers, Teacher side when you have not gone online to seek the answer.” 面前的周欣然笑眯眯地说道:“兄弟,方老师在的时候你可从来没去网上找过答案的。” This does not fear the woman to make, fears the woman to smile, especially this smiling! 这不怕女人闹,就怕女人笑,尤其还是这种笑！ „Ok, my Attorney Zhou is a magnanimous person, does not bear a grudge, we chatted the proper business, what to do do you want to know now?” “算了,我周律师是个大度的人,不记仇,咱们还是聊正事吧,你是想知道现在到底怎么办是吧？” Zhou Yixin said that you said oneself do not bear a grudge, how I felt that the back is cool. 周毅心道你这么说自己不记仇,我咋感觉后背都凉飕飕的。 Although now or shouting of rookies rookies, but this was not the beforehand rookies, front just a pursuer delivering. 虽然现在还是菜鸟菜鸟的喊,但这位可不是之前的菜鸟了,前面才刚刚把一个追求者给送了进去。 That was really delivered! 那是真的送了进去！ „Therefore the core of issue is game account number the issue of virtual property ownership.” Zhou Xinran has not managed other, started to chat the proper business. “所以问题的核心就是游戏账号内的虚拟财产归属权的问题。”周欣然没有管其他的,开始聊正事了。 „Right, joyfully, this is the place that I could not understand, if according to their these agreements, all in that game account number should also be their.” Zhou resolute brings to have doubts to say. “对,欣然,这就是我一直理解不了的地方,如果按照他们这些协议,那游戏账号内的一切也都应该是他们的。”周毅带着疑惑回道。 „That in other words, our money, starting from that moment of so long as recharging, was not our money.” “那也就是说,我们的钱,只要充值进去的那一刻开始,就不是我们自己的钱了。” „This I cannot think through, what principle of legality no matter according to comes to see is not quite right.” “这我想不通,不管是按照什么样的法律原则来看都不太对。” „Moreover before me that case showed, the property in game account number was also protected by the law.” “而且我之前的那个案子说明,游戏账号内的财产也是受到法律保护的。” Zhou Xinran smiled saying with a smile: „Actually our country regarding the protection of virtual property, or recognized, legally before , not very specific stipulation.” 周欣然笑了笑道:“其实我们国家对于虚拟财产的保护,亦或者说是认定,法律上以前都没有很具体的规定。” „But is now different, the new code civil had approved the virtual property very much explicitly, the virtual property should be protected.” “但是现在不同了,新的民法典已经很明确的认可了虚拟财产,虚拟财产应该受到保护。” „Therefore I thought that you do not need to worry, the game account number, or we draw back one step, the property rights of all account numbers are the opposite party right, but in not representative virtual property is also an opposite party.” “所以我觉得你不需要担心,游戏账号,或者我们退一步,所有账号的所有权都是对方的没错,但不代表里面的虚拟财产也是对方的了。” „This, on the one hand actually I understand is not many, but I can recognize this point probably.” “这一方面其实我了解的也不是很多,但我大概还是可以认定这一点。” Zhou resolute the brow is wrinkling as before, he believes week expertise joyfully, but how...... saying that does not have side Dazhuang that taste. 周毅的眉头依旧皱着,他是相信周欣然的专业知识,但……咋说呢,就是没有方大状那味儿。 Does not seem like side Dazhuang, the words that said were effective and influential word that type, letting the person can believe completely. 不像是方大状,说出来的话就是一言九鼎那种,让人可以完全信服。 „Joyfully, you said what the game account number is exists, what its essence is, why among the property rights ownership of game account number in others' situation, we can still advocate the virtual property?” “欣然,那你说游戏账号到底是个什么存在,它的本质是什么,为什么在游戏账号的所有权归属于别人的情况下,我们依然可以主张其内的虚拟财产呢？” Right, Zhou routine bickered and comes. 没错,周某人例行抬杠又来了。 In the past and side Dazhuang will regularly conduct similar event, Zhou resolute bickered, then side Dazhuang with the expertise and theory having no merit to speak of that it refuted. 过去和方大状经常会进行类似的活动,周毅抬杠,然后方大状用专业知识和理论将其反驳的一无是处。 Then side Dazhuang was happy, Zhou resolute learned the knowledge is also happy. 然后方大状开心了,周毅学到了知识也开心了。 The matter of probably this helpful physical and moral integrity, two people often do. 像是这种有益于身心健康的事,两人经常做。 Before for example very classical bickering, the wife has the acute disease, needs to go to the hospital urgently. 就比如之前很经典的抬杠,妻子出现急病,紧急需要去往医院。 Because is too late, moreover in the remote village, the nearby does not have the taxi, without the net makes the car(riage), the friends does not relate. 但是因为太晚,而且地处偏僻乡村,附近没有出租车,没有网约车,朋友们也联系不到。 The husband drank to drink, already the standard of arriving at has been drunk to harness. 丈夫喝酒喝多了,已经到了醉驾的标准。 In such a case, the husband chooses to drive the wife to send to the hospital, does he commit the dangerous driving crime. 那么在这样的情况下,丈夫选择开车把妻子送去医院,他构不构成危险驾驶罪。 Zhou pulled a big pile, then „was taken refuge from danger by side Dazhuang the light four characters urgently” directly arguing down. 周某人扯了一大堆,然后被方大状轻飘飘的四个字“紧急避险”直接给驳倒了。 Here did not chat eats the issue of panda, took refuge from danger urgently. 这里就不聊吃熊猫的问题了,就是紧急避险。 Therefore the answer does not commit the dangerous driving crime. 所以答案是不构成危险驾驶罪。 According to side Dazhuang the view, the court decides a case must based on fact, the specific case concretely analyzes, here, it is suitable takes refuge from danger urgently. 按照方大状的说法,法院判案一定是要以事实为依据的,具体案件具体分析,这里,它就适用紧急避险。 Therefore the issue came, Zhou Xinran said is also reasonable, but Zhou resolute cannot bear the idea of bickering. 所以问题来了,周欣然说的也有道理,但是周毅就忍不住抬杠的想法。 In the answer that the feeling week gives joyfully has many issues, needs to explain clearly. 就感觉周欣然给出的答复里面有很多问题,需要解释清楚了。 Heard this chain of issues, the week was shocked joyfully directly. 听到了这一连串的问题,周欣然直接愣住了。 Saw this situation, Zhou resolute turns head to look to out of the window, in this world only then side Dazhuang, but the opposite party, is unable to substitute. 眼看这情况,周毅扭头看向了窗外,这个世界上只有一个方大状,而对方,是无法替代的。 However does this matter consider as finished? 但是这件事难道就这么算了？ Said actually not he cannot owe these 500, is the feeling is mainly uncomfortable. 倒不是说他亏不起这五百块,主要是感觉不舒服。 Why, how was your, was the spending money in my account also your? 凭什么啊,怎么就都是你们的了,那我账户里的零花钱也是你们的？ Do some people dare to say? 有人敢说是吗？ Today's...... helped dormancy section to come, was out, the refresh time was really unstabilized.. 今天的……助眠章来了,出差在外,更新时间真的不能控制。。 Thank the small hurricane, loved the B young big brother, Desirekyo, the fat cat story big brother, mound Changren, thank hitting of several brothers to enjoy, thanks, early this month, but may the cool liquor sword, guarantee a minimum the monthly ticket to several coolly. 感谢中小飓风,爱b仔大哥,Desirekyo,肥猫物语大哥,丘长刃,感谢几位兄弟的打赏,谢谢,月初了,可凉可凉酒剑,给几张保底月票吧。 ( This chapter ends) (本章完)