Chapter 360: How did a perfectly good discussion turn into a crime!

In the office, Director Xin sat there, his expression looking very grim.

He had known beforehand that initiating a Public Interest Litigation like this would certainly dissatisfy mobile phone Manufacturers, but he had not expected it to provoke such a massive reaction; it could only mean that the waters surrounding this situation of pre-installed software that cannot be uninstalled were far too deep.

As long as they can make enough money, they would risk the gallows!

"Director Xin, look, what should we do now? Withdraw the Lawsuit?" Xiao Liu, who was beside him, hesitated for a moment before asking.

For a young person who had only been working for a short time, the current situation was truly too surreal.

Clearly, the country has relevant regulations, and clearly, one can find support for individual choice in the Civil Code, but these enterprises simply do not care about any of that; they just want you to withdraw the Lawsuit.

The reasons given are also high-sounding: our enterprises cannot be allowed to fail; if these enterprises fail, then who will develop our smartphone technology?

If we ruin our own mobile phone enterprises, and then the market is completely occupied by foreign mobile phones, who will bear the consequences then!

They do not engage in online verbal sparring with you; Fang Dazhuang is a master of Debate, one could even say a top-tier expert at it, but everything must be built upon the premise that the other party is willing to sit down and Debate with you.

When others are unwilling to Debate with you, or simply flip the table, then no matter how well you can speak, it is useless; a fist hitting the mouth will make people shut up.

Of course, Fang Dazhuang is not afraid of these things; he has known since long ago that to engage in Debate, one must simultaneously practice combat.

But in this situation, his ability to fight alone is not of much use.

In fact, this kind of similar rhetoric has existed many times before: if you don't let enterprises make money, enterprises cannot continue to develop, and then our national economy cannot develop.

Outsiders might not know, but law students who have systematically studied law are certainly quite clear about the actual situation of our Labor Law.

This thing called Labor Law, as we often say, what about the N+1 compensation, what about the regulations regarding double pay for not having a Labor Contract, what is the corresponding law called? It is called the Labor Contract Law!

It itself regulates the entire Labor Contract relationship.

Then, few people know that before our first Labor Contract Law was introduced, the situation left many young people who had not experienced such things dumbfounded.

That is, many business owners, economists, and many others all believed that this Labor Contract Law was an "evil law."

Do you find it unbelievable? Do you find it impossible?

But this is reality; the first Labor Contract Law was deliberated and passed by the National People's Congress at the end of 2007 and began implementation on New Year's Day of 2008. At that time, many economists stood up and directly bombarded it!

This law increased the employment costs for enterprises; on the surface, it appeared to protect the rights and interests of the Laborer, but in reality, it made many capitalists reduce their willingness to reinvest and expand, indirectly reducing job positions, which was actually a lose-lose situation.

Some big-shot economists even said that the introduction of this law caused our country to lose tens of trillions, caused many factories to run abroad, and what about ruining the economy, what to do, what to do...

Let's not talk about other things here; back then, Fang Dazhuang was still a young man, and he had quite a debate at the time.

Because the point of view held by the other side was that anyone can trade privately and sign a contract in black and white.

Fang Dazhuang thought this was simply ridiculous, because if done this way, some people would violate contracts even more unscrupulously; what would you do then, go file a Lawsuit for everything?

Facts have proven that even with the Labor Contract Law, many employers violate it unscrupulously, not to mention if everyone signed contracts according to their own individual circumstances, then there wouldn't even be a standard.

And the minimum wage, it was also bombarded...

Director Xin is really in a difficult position now; if you are not careful, the big hat of "ruining the economy" will be placed upon you.

"Withdrawing the Lawsuit is definitely not an option. If we withdraw now, our Handong Provincial Consumer Protection Committee will inevitably be swallowed by public opinion," Director Xin said after hesitating for a moment.

There is no other way; the Consumer Protection Committee spoke very loudly before, saying we are basing this on legal regulations to be serious, which drew widespread support from everyone because they are truly annoyed by this situation.

It is not really about what harm it causes; it is just repulsive—random pop-ups, random downloads—making people feel uncomfortable.

Now that it has attracted the attention of public opinion, if we withdraw the Lawsuit, it is estimated that the Consumer Protection Committee will not be able to speak in the future.

"Continue the Lawsuit. Let them say whatever they want. I don't believe it; this is a regulation from the Ministry of Industry and Information Technology. If they have the ability, they should go talk to the Ministry of Industry and Information Technology when these regulations were being drafted!"

Director Xin said indignantly.

The Ministry of Industry and Information Technology is the "daddy" of these industries. These corresponding regulations were made by your own "daddy," and then, when they were being set, you didn't dare to let out a peep, you didn't dare to speak loudly to your "daddy," and now you turn around to attack us; you just know how to pick on the soft persimmons, right!

But even if you put pressure on me, can you fire me?

Once this line of thinking opened up, it seemed like that was that; public opinion is all supporting me!

Soon, President Kang received the relevant news, and he was very surprised; how come it feels like so many people are becoming more and more "tough" now.

It is indeed like that; in the past, everyone just muddled along, and even if they encountered any problems, they would just accept their bad luck.

If someone with a hot temper came to make a scene, then once they made a scene, it would be resolved.

But now, it seems everyone has the law on their lips; Company Employees talk about the Labor Law at every turn, and users who bought mobile phones talk about the Civil Code at every turn during after-sales service.

It wasn't like this before!

Although this communication seems very secretive, there are no airtight walls in this world.

Soon, through the revelations of those in the know, many people learned that the other party went to pressure the Consumer Protection Committee to withdraw the Lawsuit after failing to win the Debate online.

This made the onlookers on the internet even more excited!

Good heavens, I am directly saying good heavens!

I originally thought that current Companies were at least law-abiding; looking at it this way, they don't care at all.

Why can A Yi's videos always attract everyone's attention? It's very simple; in every one of his videos about being serious, he breaks down the relevant legal articles and then matches them to the event.

This is the most classic form of Case Interpretation, letting you see at a glance, "Oh, the legal regulation is like this," and then they did that, violating which article and which regulation; it is very clear and very plain.

Although we always say that among current netizens, undergraduates only account for so much, at the very least, most people have some ability to think for themselves.

On one side, all the laws are listed clearly, playing with cards face up, telling you what law we are acting according to now; on the other side, the responses and statements are all vague and unclear, constantly using big hats like "affecting development."

May I ask, who would you support?

With everyone being so tough, the mobile phone Manufacturers also have no way to handle it.

They can continue to let many experts and scholars speak out, but they cannot stop the opening of the Public Interest Litigation.

So they can only prepare to respond to the Lawsuit; in President Kang's words, we have so many mobile phone Manufacturers, even if we hire the most famous Lawyers in the industry, we must win this lawsuit!

"Zhang Lvshi, what do you think of the chances of winning this time?" Inside the office, President Kang asked.

Even for a Public Interest Litigation, one must abide by the litigation law; suing such a large pile of mobile phone Manufacturers means having to go one by one.

Of course, just like the previous lawsuit cases, in such one-to-many cases, and where the case facts are also very similar, it is highly likely that as long as the first case is judged that way, the subsequent ones will all follow suit.

Oupian Company very coincidentally became the one at the front of the line.

Thus, there was this meeting; this Zhang Minghua, a Lawyer who is extremely famous in Modu, is an expert in the field of civil disputes!

He is also a Guest Professor at many law schools and is extremely well-known in the industry.

At this moment, Zhang Lvshi is silent; he had been looking at the Copy of the Complaint and the evidence submitted by the opposing side, but now, he is looking at a name on those materials.

"Manager Kang, I won't give you a definitive answer, not just because of the case details, but also because of the lawyer on the other side," Zhang Lvshi says.

"The lawyer on the other side? That Fang Xujing?" Manager Kang asks. "Is he very famous? Isn't it said that only lawyers from the Imperial Capital and Modu are the best? He's from Jingzhou, right?"

Zhang Lvshi shakes his head and says, "Normally, the top-tier lawyers in the industry are definitely in the Imperial Capital or Modu, but this person is an exception. He used to... he used to be the best in our Modu."

They say scholars belittle each other, but those truly in the industry know that lawyers... also belittle each other, and quite severely.

Why? Not to mention that peers are rivals, because for a litigation lawyer, what they do is confront and debate; in such a situation, do you expect them to have good relationships?

The "Code of Professional Ethics and Practice Discipline for Lawyers" stipulates that lawyers should respect their peers, learn from each other, and progress together... how should I put it, just take that with a grain of salt.

When lawyers start bickering, it gets messy and ugly...

If you actually heard the internal gossip of lawyers, you would feel like your worldview is being refreshed.

However, even in such a situation, Zhang Minghua can still give the evaluation that "the other side is the best." For one, it proves that this Zhang Lvshi's character is indeed good, and for another, that man surnamed Fang is truly capable.

Being recognized by outsiders isn't that important; many internet-famous lawyers can be recognized nowadays.

But being considered the best by a fellow top lawyer, that really says something.

"Then this... can't be won?" Manager Kang asks.

"That's not necessarily true, it's just that this case really doesn't have many points to argue," Zhang Minghua shakes his head and says.

"However, I am looking forward to debating with Fang!"

"By the way, I also need to clarify to everyone that if you bought your phone from a dealer, some of the software is actually pre-installed by the dealer themselves."

This is also a line of reasoning to exclude the liability of the phone Manufacturer; the water in the pre-installed software market is too deep. Phone Manufacturers will install it, and dealers will also install it, so both must be clarified.

And so, very quickly, Oupian Company clarified these contents.

Oupian Company customer service representative Chen Jing has been out of it for this period of time. She used to always hear about how some people are pedantic, but now that she has experienced it herself, she knows that there really are people in this world who are this obsessive.

Just because pre-installed software cannot be uninstalled, is it worth doing this?

This is also the question many people have; it feels like there is really no need to do this.

But Zhou Yi won't explain, because there is no way to explain it. Since he has the system, why worry about these things?

Do not refrain from a good deed because it is small, and do not commit an evil deed because it is small; if one must be pedantic, then one must be pedantic!

Just looking at Fang Dazhuang drinking his spiked coffee in front of him, Zhou Yi asks a bit strangely, "Fang Dazhuang, what are you looking at?"

Fang Dazhuang shakes his phone and says, "Looking at the content Oupian Company just posted. They say some software is actually installed by the dealers themselves, and many are installed after flashing the phone."

This is also a big problem in the market right now: who is the master of my phone? The answer is, many people want to be the master for you.

No matter who it is, they all want to pre-install, and in the end, the user is the one who pays the bill.

"There is a bit of a big problem here. Flashing phones for money and then selling them, this might involve the crime of damaging computer information systems..."

Huh? Zhou Yi is stunned again. Things were going fine, how did it veer into crime again!

"Let's not worry about this for now. The Public Interest Litigation is about to open in court; it's better to take it one by one," Zhou Yi suggests.

Fang Dazhuang nods with a bit of regret; after all, human energy is limited.

Five days later, at the entrance of the Jingzhou Intermediate People's Court.

The trio of Zhou Yi, Fang Dazhuang, and Zhou Xinran arrived here. Fang Dazhuang and Zhou Xinran are lawyers, while Zhou Mouren is here to observe and prepare for his next video.

The Court hasn't opened yet. Zhou Yi looks at Fang Dazhuang and says, "It seems the opponent is a big shot this time, Fang Dazhuang. Don't you have any moves?"

In these ten days, for some reason, news suddenly spread online about two big shots having a showdown.

Something about the great Lawyer Zhang from Modu versus the great Lawyer Fang from Jingzhou, and so on.

And it was hyped up so hotly that it actually suppressed the original issue of phone pre-installed software.

This makes Zhou Yi very surprised, because the general public's view of the legal profession is not high, and they even generally believe that this profession is immoral—just "litigation thugs."

Even someone like Fang Dazhuang was previously questioned and roasted in all sorts of ways.

How did it suddenly become like this? Needless to say, someone is playing tricks again.

Correspondingly, after the heat grew higher and higher, the Jingzhou Court directly issued a notice to live-stream the trial.

And so, many people were stirred up again, especially Zhou Yi's audience, who all expressed that they must watch this live stream!

Fang Dazhuang says expressionlessly, "What moves do I need? It's just a debate. He took this case to make money; it doesn't mean this case is easy to handle."

That's what he says, but Zhou Yi knows him too well. Looking at those eyes that were almost spitting fire, he could tell that Fang Dazhuang must have been pushing himself to the limit during this time, preparing to have a good debate!

Zhou Xinran doesn't speak; she probably also saw Fang Dazhuang's state and thought of her own first battle as a novice...

The first time for a weak rookie, encountering a fully-prepared, full-state great demon king—anyway, even now, Zhou Yi still clicks his tongue when he thinks of that scene.

Too terrifying, too cruel...

Just as they were talking, they saw a group of people walking over. They were also two lawyers; the people from Oupian Company hadn't arrived.

Zhou Yi saw it at a glance. When Fang Dazhuang discovered the other party, the two men's eyes locked directly. If this were an anime, you might see sparks flying between them.

"Fang, long time no see. You're doing pretty well here in Jingzhou," Zhang Minghua says very politely, extending his hand.

Fang Dazhuang also nods with a smile: "Zhang, you're not bad either."

Without saying any extra words, the two stood there waiting quietly.

But Zhou Yi could clearly feel that Fang Dazhuang is now full of passion. He is very worried that if the person hitting the gavel does something during this trial, will it cause the person hitting the gavel to go inside...

How terrifying, I love this scene so much!

Finally, the Court opened. The people waiting in line entered one by one and found their corresponding courtroom.

The judge arrived, and the live stream began!

In an instant, many Netizens who were paying attention to this matter flooded in, and all kinds of comments popped up.

Things like whether Fang Dazhuang's head is indeed that bald, and so on.

Let me briefly address the doubts of a book friend from yesterday's chapter. They said it's impossible for companies to be that stupid and that it could be linked to development. I don't dare to speak casually in my book; I can only cite the example of the introduction of the first Labor Contract Law. Those interested can search for what many companies said at that time. I'm just an ordinary person and don't dare to judge whether it's an evil law or not. I just know that once there is a law, one must act according to the law; otherwise, what is the point of having this law, right? I will try not to reply in the future.

Also to the book friends who consult me on QQ, I really do not provide consultations; if I have time I will reply, if I don't reply then I truly forgot, because there are really too many people asking me...

Thanks to another newcomer brother, Feimaowuyu, and wfei, thank you to the three brothers for the tips, thank you.

(End of this chapter)