Chapter 304: I Still Prefer You Guys the Way You Were at the Beginning, So Unruly

"Of course I have the intention to file a lawsuit!" Zhou Yi looked at Fang Dazhuang and said, "After all, we chatted about this before; these big companies are a bit too excessive when it comes to Bully Clauses."

"And they always assume that no one will do anything to them because of this, so this time, whether it's one sheep or two, it's all the same to herd."

Zhou Yi said with a relaxed expression.

Having experienced so much, Zhou Yi was no longer like he used to be, getting angry when customer service used stalling tactics; no, he wouldn't be angry at all.

He would only do what he said he would do—if I want to get serious with you to the end, then I must get serious with you to the end!

Looking back at past incidents of getting serious, if one thinks carefully, in many cases it wasn't actually that Zhou Yi was unlucky, but because these things are always encountered by quite a few people.

"But regarding this member on-demand thing, I feel the lawsuit won't be that easy to win," Zhou Xinran, who was beside him, spoke up.

When she discovered that Zhou Yi was preparing to file this lawsuit, she began to check the Standard Clause of Qiyi Company.

As a result, the more she read, the more she realized these clauses were truly disgusting.

"Teacher Fang, look, the second clause of the preamble!"

Fang Dazhuang took the phone, looked at it, then returned it and laughed: "Xinran is young, if I tell you that this clause exists in almost every Standard Clause of video streaming platforms you can find, would you believe it?"

What were the two of them talking about? Zhou Yi picked up his phone to look, and he was also a bit speechless.

The clause stated: "Both parties agree that the aforementioned disclaimer and limitation of liability clauses do not belong to the 'clauses that exempt their liability, increase the other party's liability, or exclude the other party's main rights' as stipulated by the Civil Code; that is, both you and Qiyi acknowledge the legality and validity of the aforementioned clauses, and you will not claim that the clauses in the agreement are illegal or invalid on the grounds that Qiyi failed to fulfill its reasonable notification obligation."

In plain language, it means: we have agreed with you here that the things mentioned earlier are not governed by "Contract Law"—oh, it should be called the Civil Code now—and do not fall under the "exempt their liability..." clause stipulated by the Civil Code.

This is a word game frequently used in many, many Standard Clauses.

We agree with you beforehand that it is not governed by it, but the fact is, just because you agreed to it, does it really stop being governed by it?

Analyze specific cases specifically; that is the most basic principle!

It's just... do all these platforms do this?

Zhou Xinran hurriedly opened other APPs, then clicked on the agreement to terms; sure enough, whether it was Qiyi, or Big Goose, or anyone else, they all had this clause!

The wording was a bit different, but the core was the same.

I have to say, internet companies are truly impressive.

Regarding such clauses, Fang Dazhuang couldn't even be bothered to speak, because there was no need to Debate this at all; it isn't something that your Company can decide just by saying it doesn't apply. Otherwise, what would we need the law for?

"And here, Article 1.7: If you do not agree to the modifications of this agreement, you may stop using this service; if you continue to use this service, it shall be deemed that you agree to all modifications of this agreement."

After reading it, Zhou Xinran looked up at Fang Dazhuang: "Teacher Fang, I also feel this clause is a bit wrong; this is also a bit... a bit too overbearing, right? A contract, no matter what, you have to let people see it, right? Just by using it, it counts as consent?"

Fang Dazhuang took the phone and looked at it carefully, starting to ponder. While pondering, he said: "Regarding this clause, my view is different. Looking at this clause alone, it does not exempt, increase, or exclude liability; it is indeed possible to set this clause unilaterally."

"But being able to set it unilaterally does not mean it can be changed at will. If there are clauses changed or added later, they still must undergo specific review."

At this, both Zhou Yi and Zhou Xinran understood; it still requires specific analysis. You can simply set this clause, but it doesn't mean that content added later must all be accepted, because if a dispute really occurs, it still must be reviewed specifically.

But I have to say, this kind of clause is still a bit terrifying.

This means what? It means that regarding so-called member rights, video platforms can modify them at will.

"The boundaries of video member rights are already very unclear. Today they tell you that you can watch in advance, tomorrow they can say 'partially' watch in advance. As for which part that 'part' actually is, it is truly unclear."

"Plus separate purchases, Viewing Vouchers, and all sorts of tricks—member payments and separate payments coexist; it's all a mess in between."

After Fang Dazhuang finished speaking, he sat there with no expression on his face, but Zhou Yi and Zhou Xinran beside him both knew that this bald... less-haired Fang Dazhuang was very unhappy right now.

Even though the issues were written down in his notebook, he would still be unhappy every time he thought about them.

Of course, the most critical thing is Paid Advanced On-Demand; regarding this matter, is there a Breach of Contract or not!

"Teacher Fang, look here, there are regulations regarding Paid Advanced On-Demand, and there are regulations for member rights; these must have been added later, right?" Zhou Xinran asked again.

This was the reason why she felt the lawsuit would not be easy to win, because here, others had clear regulations.

"It must have been added later, otherwise before Advanced On-Demand existed, it would have been impossible to have such a clause. The key issue is, what exactly is that so-called Golden Member right!"

Fang Dazhuang said while opening the APP, then clicked on Golden Member, and soon saw the specific regulations for members there.

"For popular TV dramas broadcast on satellite channels and high-quality self-produced dramas by Qiyi, you can enjoy early viewing; no need to wait for the snail-like update speed. While others are still waiting for updates, you have already finished the finale!"

Seeing this, a smile finally appeared on Fang Dazhuang's face: "It's fine, this case isn't that difficult."

Seeing that Zhou Yi seemed a bit confused, Fang Dazhuang said: "When both parties have a dispute over a Standard Clause, an interpretation unfavorable to the party that proposed the Standard Clause should be made. Is that clear now?"

Hmm, there is actually such a regulation?

But following Fang Dazhuang's explanation, Zhou Mouren also became a bit clear.

This thing called a Standard Clause is very special compared to an ordinary contract; it belongs to a one-to-many relationship, and generally speaking, it is the very strict kind. If you don't sign it, you can't use the service.

Therefore, inherently, Standard Clauses carry a bit of the nature of a "Bully Clause."

Thus, there is such a regulation, because after all, the clauses are composed of words. No matter how strict they are, regarding some special areas, the operator and the consumer might form different understandings.

Just like Member Priority Viewing!

The Company said, look, our Member Priority Viewing is just to let you watch faster than other ordinary people, that is, non-members. So, Paid Advanced On-Demand can watch ten episodes, and Golden Member can watch five.

No problem, right? It seems there is no problem. Look, you did watch it in priority; you did see the finale before others.

But, things cannot be said like that; you also have to look at the consumer's own understanding.

You also have to refer to the general understanding of Member Priority Viewing. I believe the vast majority of people would think that Member Priority Viewing means you must be ahead of everyone else!

Then there certainly cannot be anyone who can be more "priority" than me, and all along, the understanding of a member has been like this: a member must be ahead.

Therefore, this is a dispute over understanding.

Although he didn't know how Fang Dazhuang was going to handle it, the other party seemed to have confidence, so Zhou Yi didn't ask again.

Then let's just do it. Just as he said before, one sheep is herding, two sheep is also herding. Ah Huang filed a Lawsuit, let's mess with Qiyi too; everyone is happy.

After signing the contract and paying the money with Fang Dazhuang, Zhou Mouren left the law firm and headed home.

As for Fang Dazhuang, he began to secure evidence. Evidence like member rights is not easy to get; it's not enough to just look at the Standard Clause, so Notarization is also needed.

By the time the evidence was secured, it was already the next day. Fang Dazhuang brought the evidence for Ah Huang and Qiyi to the Guangming District Court. For the two cases, he and Zhou Xinran each took one.

Anyway, according to Fang Dazhuang, the Ah Huang case is just a piece of cake... anyway, Zhou Xinran would have no problem, and it would 100% go to Mediation.

The staff at the Guangming District Court felt nothing at all upon seeing these two Indictments; they were numb.

So Lawyer Fang is really going head-to-head with the Standard Clause, then let him go for it; as it happens, the staff member sitting inside is also very unhappy with Paid Advanced On-Demand.

This society needs people who are this serious.

Everything is proceeding according to plan, and Zhou Yi is maintaining his routine of a three-point-one-line life.

After the procedures were completed, Ah Huang in Modu received the Summons, and not long after receiving it, he figured out that the guy who filed the Lawsuit was named Zhou Yi.

And the reason for suing them was because Xiao Lan had mentioned something.

It is truly frustrating; what else could Ah Huang do but contact Zhou Yi and indicate that the clause would be abolished soon.

"It really is like that, Mr. Zhou. We guarantee that we will definitely modify the clause within ten working days. You went to the trouble of filing a Lawsuit; you could have just told us, there was no need to go through the Court..."

Ah Huang cowered even faster than Xiao Lan, and the contact person on their side was already completely shameless, telling Zhou Yi they thanked him for pointing out the deficiencies in the clause...

This left Zhou Mouren speechless. Where did that unruly attitude of yours go? What about that aura of saying "Go ahead and sue wherever you want" at every turn? Can't you just recover that?

Xiao Lan and Ah Huang have both already cowered; Qiyi Company, it's up to you now, you have to stand tall!

In fact, Qiyi Company had already received the Summons from the Court.

And at this regular meeting of senior management, they were going to discuss this issue.

"Confirmed, the person who filed the Litigation is indeed named Zhou Yi, right? Did he not file a complaint before?" the Manager of Qiyi Company asked.

A supervisor from the Customer Service Department replied: "He did complain, but... because of a previous company resolution, complaints of this type were all shelved."

"Does your Customer Service Department not have any contingency plans? For some special names, did you not prepare anything?" The Manager was getting a bit angry.

A name like Zhou Yi has now become a nightmare for many internet companies; that guy is truly like he's sick, suing wherever he goes, and reporting wherever he goes while he's at it.

Pinduoduo is still undergoing rectification right now.

Moreover, this matter of Advanced On-Demand has already caused quite a large public outcry; many people have expressed dissatisfaction, feeling that their company's appetite is truly a bit too ugly.

The supervisor of the Customer Service Department said helplessly: "Lan, that Zhou Yi used a different mobile number this time. If it wasn't necessary, we couldn't possibly go and check that mobile number."

These accounts are all registered via mobile numbers; what they can see in the backend is just the mobile number.

If there is no Real-name Registration, that's just how it is, and the Company couldn't possibly make a big fuss over a mobile number with a Jingzhou area code.

Upon hearing this, the Manager felt like pinching his philtrum.

"Then contact the other party and see what they want to do. Triple compensation for the membership price, or other compensation is fine, as long as he can withdraw the Lawsuit."

"No, send someone directly to Jingzhou to talk to him in person. It must be resolved; the matter of compensation is easy to discuss!"

"Also, have the public relations department start doing PR. List our losses over these years, as well as those of other video platforms. I won't go into the specific operations."

That so-called Serious Statement is actually a statement made when there is no other choice.

Since the rhythm for this paid on-demand has been stirred up, then naturally, the company has to find a way.

Then it's very simple: it's nothing more than finding some so-called experts and big influencers to steer the narrative.

First, list data, pointing out how much money these video platforms have spent buying copyrights in recent years, then how severe the losses are, and so on.

Then say that video platforms need to be profitable, call on everyone to value and support Intellectual Property Rights, and then there will be no problem.

In this process, many people will take the initiative to speak for the platform: "Look, they've already spent so much money buying so many copyrights; now they're just asking you to spend a few bucks for Advanced On-Demand, why can't you accept it?"

We must respect Intellectual Property Rights!

PR is just like rumors; ten percent fake won't work, as that will make people feel you are all traitors.

Ten percent true is even worse; it will make people feel you are all idiots.

It really has to be good: nine parts true and one part fake. Respecting Intellectual Property Rights is true, and the losses are also true, but the rest is fake.

What is the rest? That is the relationship between Paid Advanced On-Demand and Member Priority Viewing.

The public relations department has already launched its actions; a big company really has started, and the efficiency is quite good.

Time has already reached the morning of the next day; inside the Old Place Cafe, Zhou Yi is reading an article.

"In the era of network information, we must respect Intellectual Property Rights!"

After reading for a while, Zhou Yi put his phone aside; he didn't know why, but the author's words made him feel very uncomfortable.

It was there saying all sorts of things about how the platform's losses are severe, and although Paid Advanced On-Demand is this and that... but this is a kind of exploration of the profit model by the platform.

If the losses are really that severe, then why can they still keep operating?

This is a question Zhou Yi cannot understand.

Just as he was pondering, his phone rang. He looked at the entrance; a woman wearing a professional suit with exquisite makeup was making a call there.

"Manager Chu, come over!"

This is the PR manager sent by Qiyi Company. Originally, Zhou Yi didn't want to meet, but the other party kept calling, so he decided to meet once and, while he was at it, dispel the other party's ideas.

"President Zhou, we finally meet. I didn't expect President Zhou to be so young," Chu Lan walked over and said with a face full of smiles.

She is a senior PR professional, the very senior kind; on a normal day, she would absolutely never come to conduct PR on a consumer.

But Zhou Yi's identity made her have to come.

"Sit down, Manager Chu. My time is a bit tight here, let's keep it short."

Chu Lan's expression didn't change; she nodded and said, "President Zhou is indeed quick-witted. Then I'll be direct: President Zhou, suing our company is really unnecessary. If you feel a certain way, the company can provide corresponding compensation, but going to court, and you posting videos, these..."

Chu Lan's words were interrupted by Zhou Yi before she could finish.

"Manager Chu, since you came to find me, you must have watched my videos and know my character. There's no need to say these things. I have only one requirement: agree to the demands in the Indictment, and I'll withdraw the Lawsuit; don't agree, and we'll fight it to the end!"

"So, can your company agree or not?"

The update was late today; the promised burst of chapters really wasn't achieved... I can only say I will try to write as much as possible in my spare time.

The backlog of missed updates is back to 106,000 words.

Thanks to Dang de Xuezi, You Yi Ge Xin Shou, wfei, Wenchidage, Bingfeng de Huoyan, Feimaowuyu, Ni Shuo Xing Jiu Xing, Bao Zuozhe Juhua, Shenjing Bingyuan Xiaoduizhang, thanks to the brothers for the tips.

Regarding the recent plot issues, some book friends have reacted to me that two consecutive chapters on Standard Clauses are a bit tiring to read. I understand this; I also discovered while writing that they were piled together. The next wave will have a big one; I'm currently discussing whether it can be done. This time, there won't be a situation where I can't write halfway through.

(End of chapter)