What situation, this professor disposition is big! 什么情况,这位教授气性蛮大啊！ Had the pleasure, pass/test Yan sent to the screenshot Zhou resolute WeChat directly. 有乐子了,关雁直接将截图发到了周毅微信上。 „Pigeon fine you looked that professor must challenge side Dazhuang!” “鸽子精你看,那位教授要挑战方大状了！” No matter how said, others can stand that to be honourable, to blow off the fellow of artillery to compared with online these at least. 不管怎么说,人家能站出来那就值得尊敬,最起码比网上那些放空炮的家伙要强很多。 ............ ………… Jingzhou, Zhou resolute by one pile of news prompt sounds waking. 京州,周毅是被一堆消息提示音给弄醒的。 „Doing this is, early in the morning on does not sleep to harass a person of clear dream!” “干什么啊这是,大早上的不睡觉扰人清梦！” Took up the cell phone to look at will, the Yuan elder sister, pass/test Yan, the wad lost/carrying...... was these senior audience sends. 拿起手机随意看了看,媛姐,关雁,小束负……都是这些资深观众们发来的。 The result looked at a Later Zhou Dynasty of resolute also face delay news, the fog grass, flamboyant, this professor can, I like! 结果看了消息之后周毅也一脸呆滞,雾草,牛逼啊,这个教授可以,我喜欢！ side Dazhuang does not shout all day the present young people were too vulnerable, holding court debated that several can collapse at heart...... 方大状不是整天嚷嚷说现在的年轻人都太脆弱了,开庭辩论几句都能心里崩溃…… That present was good, but this old opponent, does not use and other spatial lower mandibles, the direct hearing was competent! 那现在好了,这位可是老对手了,也不用等空下嘴,直接庭审就能干了！ Thinks that Later Zhou Dynasty resolute dialed side Dazhuang the telephone. 想了想之后周毅拨通了方大状的电话。 After one hour, the previous place cafe, side Dazhuang led Zhou Xinran to walk, the mouth also said: „On this early in the morning has anything, unexpectedly with relates the signal urgently.” 一个小时后,老地方咖啡馆,方大状带着周欣然走了进来,嘴里还说道:“这大早上的有什么事吗,居然用紧急联系信号。” The week routinely flips the supercilious look joyfully, person who two man such big ages, the unexpected words have not had the kid, is such weak. 周欣然习惯性地翻了翻白眼,俩男人这么大岁数了,没意外的话都是有娃的人了,还是这么幼稚。 What plays to relate the signal urgently, this was not the childhood each family has played? 玩什么紧急联系信号,这难道不是小时候过家家玩的吗？ Only can say, the man until death is a youngster, after all even 80, still cherished 18 girls...... 只能说,男人至死都是少年吧,毕竟就算是八十了,依然钟爱十八的姑娘…… Zhou Yiwen said: „Very is truly urgent, side Dazhuang does you remember that previous that in the online outgoing message, mentioned sues advertizing cost case, was Professor child of winning favor by ostentation.” 周毅闻言道:“确实很紧急,方大状你记不记得上次那个在网上发文,说起诉广告费用这案子,是哗众取宠的童教授。” „You added before this professor, by your resentment, almost cried, waits for the spatial spur to come to well with him reasonable.” “你还说这个教授之前被你怼过,差点哭了,等空出嘴来要好好和他讲道理。” side Dazhuang nods saying: „Remembers that this person was called the child the demeanor, the age and I was similar, can install especially, the person of my most repugnant this type of attire.” 方大状点点头道:“记得啊,这人叫童风度,年纪和我差不多,特能装,我最反感这种装的人。” „How did he, delete the article?” “他咋了,把文章删了？” Zhou resolute said with a smile: „No, he not only has not deleted the article, instead reports the news today, said that has accepted the sea to set up the request of company, is responsible for this case!” 周毅笑道:“没有,他非但没有删文章,反而在今天发消息,说已经接受了海立公司的委托,负责这个案子！” Then, the news that before Zhou resolute online, these will urge says, then saw, opposite side big shape look starts to shine! 接着,周毅就将网上之前那些撺掇的消息都讲了讲,然后就看到,对面的方大状眼神开始发亮！ Week at the same time gets out of the way joyfully subconsciously several steps, her opposite party big shape condition is very familiar, familiar of remembering with eternal gratitude, do not ask that she is how familiar...... 一边的周欣然下意识地走开几步,她对方大状这状态很熟悉,刻骨铭心的熟悉,别问她怎么熟悉的…… As of late, Zhou Yilao felt that side Dazhuang makes anything not to have the vigor, before delivers these people. 最近这段时间,周毅老感觉方大状做什么都没劲儿,包括之前把那些人送进去。 That directs out of the goal of collection case, or was does to study then relaxed tired. 那都是出于收集案例的目的指点一下,或者就是搞研究累了然后散散心。 Regarding holding court, makes the week go either joyfully, either makes the laws of ascending go, oneself have no idea. 至于说开庭,要么让周欣然去,要么让腾达的法务们去,自己没什么想法。 This condition has the day not to see! 这个状态已经有日子没见到了！ side Dazhuang is very excited, is that health, sits cannot bear want to stand near the coffee table to hit the excitements of two fists! 方大状真的很兴奋,是那种红光满面,坐在咖啡桌边都忍不住想站起来打两拳的激动！ „Good, too was good, old child is so unexpectedly brave, Ok, I like, I liked!” “太好了,真的太好了,老童居然这么勇敢,可以,我喜欢,我太喜欢了！” „Is also thinking, well reasonable, that might as well hit at a later date day, one on the court and said!” “原本还想着以后好好讲道理呢,那择日不如撞日,就在法庭上一并讲了！” „These netizens said was too right, since the both sides idea is different, that discusses face to face bumps, does directly one time, the principle does not distinguish unclearly!” “那些网友们说的太对了,既然双方理念不同,那就当面锣对面鼓地碰一碰,正面干一次,理不辨不明嘛！” Was stuffy the coffee, side Dazhuang stands saying: „Group of I first went back, prepares well, you and you are joyfully optional, at will on line.” 一口将咖啡闷了,方大状站起来道:“行我先回去了,好好准备准备,你和欣然你们随意,随意就行。” Then, side Dazhuang turns around to leave the cafe, that called one with long hurried strides. 说完,方大状转身离开咖啡馆,那叫一个大步流星。 Only remains next week resolute and week look at each other in blank dismay joyfully. 只剩下周毅和周欣然面面相觑。 This probably excited had to ignite, when the time comes the hearing, will not start is too heavy...... 这好像激动的有点过火了,到时候庭审,不会下手太重吧…… They are optional, how at will? 只是,他俩随意,怎么随意？ If nothing else, as Professor child and sea set up the statement of company, online atmosphere fried fiery. 别的不说,随着童教授和海立公司的声明,网上的气氛已经被炒的火热。 Who is willing to look that you put the plot that the spatial artillery walked, everyone liked this type just the positive/direct situation, who instigated who was the dog! 谁愿意看你放了空炮就走的剧情啊,大家都喜欢这种刚正面的情况,谁怂谁是狗！ At once, the commentary area of Professor child were many many commentaries. 一时之间,童教授的评论区多了很多评论。 „This is the real man, the big shot my very you!” “这才是真男人,大佬我挺你！” „Right, even if you lost were still all right, the imposing manner has gotten up!” “对,就算你输了也没事,气势已经起来了！” „Anything also let alone, did finished up!” “啥也别说了,干就完事！” Professor child noticed that such commentary is a little happy, actually horse who the sea sets up the company looked at the complexion to become dark. 童教授看到这样的评论有点开心,倒是海立公司的马总看了脸色发黑。 What was you loses was also all right, this cannot lose! 什么叫你输了也没事,这是万万不能输的！ Only pitifully, the atmosphere has arrived at this now, who can think, the sea sets up the company most to start not to do in a big way...... 只可惜,现在气氛已经到这了,谁能想到,海立公司最开始是不想搞大的…… From holding court to announce the issue, to holding court, the middle had almost three days. 从开庭公告发布,到开庭,中间差不多有三天的时间。 In week words joyfully, these three days, she felt side Dazhuang seems like same in the office, no matter in there. 用周欣然的话说,这三天,她感觉方大状像是住在办公室一样,不管什么时候都在那里。 It is not writing the material is a person divides the decoration two corner/horn, oneself and debated, sometimes can also quarrel...... 不是在写材料就是一个人分饰两角,自己和自己辩论,有时候还能吵起来…… This operation heard Zhou resolute to stare for a long time, oneself and debated, did not fear schizophrenia that made? 这操作听得周毅都愣了好久,自己和自己辩论,就不怕弄的精神分裂吗？ Only can say, really carved regarding the deep love of debate in side Dazhuang the bone. 只能说,对于辩论的热爱真的是刻在了方大状的骨子里。 Three days of flash by, on August 7, holding court time. 三天的时间一晃而过,八月 7 日,开庭时间到了。 Zhou resolute has looked ahead of time, this is an auspicious day, suitable holding court. 周毅提前看过,这是个好日子,宜开庭。 The time arrived 8 : 00 am least bit, in side Dazhuang office, computer anything has debugged. 时间来到了上午 8 点半点,方大状办公室内,电脑什么的已经调试好了。 side Dazhuang sits in front of the computer, nature of face is gentle. 方大状本人就坐在电脑前,一脸的自然平和。 But Zhou Yizhou sits in side joyfully looks. 而周毅周欣然则坐在旁边看着。 The hearing is nine points starts. 庭审是九点开始。 Because the public opinion influence is very big, therefore this case imperial capital Internet court choice live broadcast trying. 因为舆论影响真的很大,所以这次的案件帝都互联网法院选择直播审理。 Naturally, and no one knows, the imperial capital Internet court has opened on this case did not know many meetings. 当然,并没有人知道,帝都互联网法院已经就这个案子开了不知道多少次会了。 These two to, moreover in such a case to, the judge must result in the level to be high! 这两人对上,而且是在这样的一个案子里对上,那法官必须得水平高！ Otherwise, perhaps the temperament of certain people, that with the judge theory, will lose face directly when the time comes. 否则,就某些人的脾气,那说不定还会直接和法官理论,到时候就丢人了。 The responsible young judge stood out of the way, looks that such matter thought presses strength mountain to be big. 原本负责的年轻法官靠边站去吧,看着这样的事自己都觉得压力山大。 The azure city, Professor child has naturally also prepared. 青市,童教授自然也已经准备好了。 The presiding judge who nine points, are responsible for this trying announced holding court. 九点到,负责此次审理的审判长宣布开庭。 Was needless to say other, looked that this presiding judge that bare forehead can know, this was a powerhouse. 不用说别的,看这位审判长那光秃秃的脑门就能知道,这是位强者。 At the same time, among the live broadcasts wells up not to know many people, because of today, some law professors attended class with this live broadcast. 同一时间,直播间涌进来不知道多少人,因为在今天,一些法学教授都用这直播来上课。 According to the views of many, this case has will greatly possibly become the classical case very much, will affect the civil law further compiles. 按照很多人的说法,这个案例有很大可能会成为经典案例,甚至是会影响到民事法律的更进一步编纂。 Because was too typical, moreover was belonging to a blind spot in the past. 因为真的太典型了,而且在过去属于一个盲区。 Actually the television starting advertisement is what nature, is it same as the cell phone APP these spreading the tail advertisement? 电视开机广告究竟是什么样的性质,它是和手机APP的那些开屏广告一样？ With an advertisement nature that the elevator posts, this is the core main point of case. 还是和电梯间张贴的广告一个性质呢,这是案件的核心要点。 Not to mention other televisions live the manufacturer, the legal precedent of this case, will basically decide the later court regarding the legal precedent of similar case. 更不用说还有其他的电视生厂商,这个案子的判例,基本上就会决定以后法院对于类似案件的判例。 Although said that this is only the first trial, but the judgment of first instance of imperial capital Internet court, itself can also explain certain situation. 虽然说这只是一审,但帝都互联网法院的一审判决,本身也能说明一定的情况。 The law mallet falls, the hearing starts! 法槌落下,庭审开启！ side Dazhuang starts to have a thought the petition, the procedure/program has no special place. 方大状开始念起诉状,程序没什么特别之处。 Watches the live broadcast actually some audience a little doubt, because this side Dazhuang looks very tranquilly. 倒是看直播的一些观众都有点狐疑,因为这位方大状看着很平静啊。 Does not seem like in the rumor like that does not have the human nature on the court. 不像是传言中那般,在法庭上没人性。 Before the computer, Professor child is actually wiping the cold sweat, luckily this is online. 电脑前,童教授却在抹冷汗,幸亏这是线上。 These years have not seen, the opposite party had the aggressivity probably. 这么些年没见,对方好像更有攻击性了。 This a little problem surnamed Fang, how the normal person may be competent such matter to come absolutely. 这姓方的绝对有点毛病,正常人怎么可能干出这样的事来。 Is good this time also comes prepared because of oneself! 好在自己这次也是有备而来！ Is thinking at heart these matters, presented evidence the questioning witnesses stage to start. 心里想着这些事,举证质证阶段已经开启了。 side Dazhuang comes prepared, or he has the understanding regarding the form of television starting advertisement. 方大状有备而来,或者说他对于电视开机广告的形式已经有了了解。 Moreover, had the corresponding countermeasure regarding the question that Professor child possibly raised. 而且,对于童教授可能提出的质疑也有了相应的对策。 The evidence one regarding the proof of starting advertisement, showed that has such thing, moreover is unable a closure. 证据一就是对于开机广告的证明,证明存在这么个东西,而且无法一键关闭。 This is after the notarization, Professor child does not have the objection, because truly exists, he must debate is not the starting advertisement is whether illegal, but is the income of starting advertisement whether should apportion the user! 这是经过公证的,童教授没有异议,因为确实存在,他要辩的也不是开机广告是否违法,而是开机广告的收益是否应该分给用户！ Then side Dazhuang continues to produce other evidence, besides the evidence in some procedures, most important, most lets an evidence that Professor child places great emphasis on, is the starting advertisement will also broadcast without networking! 然后方大状继续拿出其他证据,除了一些程序上的证据外,最重要的一个,也是最让童教授看重的一个证据,是开机广告在不联网的情况下也会播放！ This evidence can be said as the core evidence that side Dazhuang takes. 这个证据可以说是方大状拿出来的核心证据。 Naturally, the normal starting advertisement is the similar implantation form, each time networking time will download the content automatically, then this partial content will take the next starting advertisement time. 当然,正常来说开机广告都是差不多的植入形式,每次联网的时候就会自动下载内容,然后这部分内容就会作为下一次的开机广告。 Therefore Professor child opens the mouth to say directly: „Does not have the objection regarding the evidence, but has the objection to its proof strength.” 所以童教授直接开口道:“对于证据本身没有异议,但是对其证明力存在异议。” „Although starting advertisement will also broadcast without networking, but it does not base on the advertisement that the hardware produces, but is the software, had the advertisement of connection with cloud service and other contents, must result in the networking.” “尽管开机广告在不联网的情况下也会播放,但其并不是基于硬件而产生的广告,而是和软件,和云服务等内容有关联的广告,必须得联网才可以。” „Therefore, I think......” “因此,我认为……” Professor child has not noticed, when he said these words, side Dazhuang on screen revealed belittling of flashing past to smile. 童教授并没有注意到,在他说出这句话的时候,屏幕上的方大状露出了一闪而过的蔑笑。 Presents evidence to question witnesses, the forensic argument starts. 举证质证完毕,法庭辩论开启。 Zhou resolute can see clearly, side Dazhuang this little while had come the feeling, or the idea of opposite party that Professor child seemed him to know. 周毅可以清楚地看到,方大状这会儿已经来了感觉,或者说,对方那位童教授的想法好像他已经知道了。 side Dazhuang truly knows the idea of opposite party, nothing but wants to show, the starting advertisement is also the content based service exists, therefore there is no difference from these television program advertisements. 方大状确实知道了对方的想法,无非就是想证明,开机广告也是基于内容服务而存在的,所以这就和那些电视节目广告没什么区别。 „If networking starting, then used the software and the audio-visual service television, this reduced service is not the television hardware.” “如果联网开机,那么就使用了电视的软件和音频视频服务,这部分服务并不属于电视硬件本身。” „However the plaintiff uses the software and the audio-visual service television continually, will then have the cost regarding the television manufacturer continually!” “而原告方持续使用电视的软件和音频视频服务,那对于电视厂商来说就会持续产生成本！” „The cost and television hardware that this part has not related, therefore, establishes the starting advertisement, is in itself also taking in the audience, with it in the audience.” “那这部分的成本和电视硬件本身没有关系,因此,设置开机广告,本身也是取之于观众,用之于观众的。” Professor child said own core viewpoint, you bought the television to buy that thing, but that thing it will not put the program. 童教授说出了自己的核心观点,你买电视就是买了那个东西,但是那个东西它不会自己放节目。 These program broadcasts are the Internet category, does not belong to the hardware, but the user has not paid expenses regarding this partial content. 这些节目播放属于互联网范畴,并不归属于硬件,而用户对于这部分内容是没有付费的。 Therefore, in advertisement that in this process downloads, should not regard as hardware's advertisement. 因此,在这个过程中下载的广告,不应该视为硬件本身的广告。 The words saying the online many people to start to nod, probably truly is such reason. 一番话说得网上很多人都开始点头,好像确实是这么个理儿。 Finally side Dazhuang opened the mouth, the first few words are, the program and advertisement does not exist necessarily relates. 终于方大状开口了,第一句话就是,节目本身和广告并不存在必然联系。 He has not gone to manage what cost non- cost, that is the matter of television manufacturer. 他没有去管什么成本不成本,那是电视厂商的事。 You thought that some costs can raise the selling price high, but you, since sold the thing with this price, regards as accepts this cost. 你们觉得这部分成本高可以提高售价,但你们既然用这个价钱卖了东西,就视为接受这个成本。 The core of issue is, each time the networking is the advertisement of next starting downloading, could be the advertisement of television bringing! 问题的核心在于,每次联网为下一次开机下载的广告,已经可以算是电视自带的广告了！ „Can see through evidence us, is unable to close this advertisement as user, therefore our some reasons believe that even if we later the non- networking, this advertisement will also remain!” “通过证据一我们可以看到,作为用户本身是无法关闭这个广告的,因此我们有理由认为,哪怕我们以后再不联网,这个广告也依然会存在！” „In such a case, I think that the television starting advertisement has been able to regard as the advertisement that-based the hardware produces!” “在这样的情况下,我认为电视开机广告已经可以视为基于硬件而产生的广告！” Today share, more than 8000 character greatly section to come! Thank the smile big brother, big brother Sony, big brother writing idiot, another new big brother, the fat cat story big brother, reached Brother Yun, big brother stonemen, thank hitting of brothers to enjoy, thanks. 今日份,八千多字大章来了！感谢笑颜大哥,索尼大哥,文痴大哥,又一个新手大哥,肥猫物语大哥,达云大哥,stonemen大哥,感谢兄弟们的打赏,谢谢。 ( This chapter ends) (本章完)