Qilin's lawsuit against Penguin for plagiarism finally came to court on March 28. Cao Mang did not attend the hearing, but Nie Luren did. Penguin's side was attended by Chen Yidan.

"Dong dong dong..."

"quiet..."

"The Shenzhen Futian District People's Court today publicly heard the case of the defendant Penguin Computer System Co., Ltd., which was prosecuted by the Shenzhen Futian District People's Procuratorate in accordance with the law, for allegedly plagiarizing Kirin Entertainment Technology Co., Ltd.

This court has Judge Sui Huiyong as the presiding judge and Ou Zhonglin and Xue Sanqing as the collegial panel. Clerk Gu Yingjie serves as the court recorder.

Please ask the plaintiff, the representative of Qilin Entertainment Technology Co., Ltd., to state your statement in court." Judge Zhan Yubo said after banging the hammer and looking around the audience.

"Dear presiding judge, judge.

I am Yin Tao, a lawyer from Qilin Law Firm. Today I represent my client Qilin Entertainment Technology Co., Ltd.

The lawsuit was filed against Penguin Computer Systems Co., Ltd. for plagiarizing three products of our company: Kirin Communications, Kirin Facebook, and Kirin Weibo.

According to Article 53 of the Copyright Law, if the publisher or producer of the copy cannot prove that its publication or production is legally authorized, the publisher of the copy or the film work or the work created by a method similar to the filming of a film

If the lessor of copies of computer software, audio and video products cannot prove that the copies they issue or rent have legal sources, they shall bear legal responsibility.

Our company requires Penguin to immediately stop its infringing activities.

Remove three plagiarized products from our company and compensate our company for economic losses of 300 million yuan.

This is the evidence collected by our company, please review it, your honor." Yin Tao said sharply after standing up from the plaintiff's seat.

Yin Tao asked for 300 million as soon as he asked, but Chen Yidan in the audience was frightened. How is this different from robbery?

"Defendant, what do you have to say?" Zhan Yubo looked at the evidence and asked Kong Banghan in the dock.

"Your Honor, I object. If imitation can be considered plagiarism, then Qilin Chat by Kirin Entertainment Technology Co., Ltd. is still a plagiarism from our Penguin," Kong Banghan said.

"Your Honor, I object. It is well known that Penguin plagiarized ICQ. Qilin Chat did not plagiarize Penguin. This is the patent certificate of our Qilin Chat. There is also a comparative analysis book between Qilin Chat and Penguin code.

I was told that I just wanted to change the subject." Yin Tao took out a document from the table and handed it over.

Kong Banghan felt a little overwhelmed, but he didn't expect Yin Tao to be prepared.

The topic will also be raised to withdrawing patents.

"The defendant,

Please don't get involved in topics unrelated to this case. What do you have to say about plagiarism?" Zhan Yubo asked.

"Mr. Chen,

Fight on,

We will definitely lose, the other party's lawyer is too good, otherwise we just admit defeat and pay a small amount of money." Kong Banghan leaned next to Chen Yidan and said.

"Admit defeat? Is that okay?" Chen Yidan asked with a frown.

"There is no way. The other party has sufficient evidence, but the problem is not big. We can only pay a few million in compensation at most." Kong Banghan replied.

"Okay, then let's admit defeat." Chen Yidan felt that a few million was not a big problem, and it would be better to solve the case quickly.

"Your Honor, we admit that we initially copied the appearance of three products of Kirin Entertainment. We are also willing to compensate the plaintiff for settlement. However, our company believes that the compensation request of 300 million yuan has no factual basis." Kong Banghan said.

"The defendant is willing to pay compensation and settle. Does the plaintiff accept the compensation settlement? As for the 300 million yuan compensation, if there is no factual basis, this court will not handle this claim unless the plaintiff can provide strong evidence." Zhan Yubo looked at it.

Yin Tao said.

"Your Honor, we do not accept the settlement.

I once again request your Honor to rule on Penguin Computer Systems Co., Ltd.’s infringement.

Penguin copied three of our products, and it doesn't mean that they can just change the appearance and pay compensation. Then who would be willing to continue to create.

The most important thing about these three products is their core functions, not their appearance. Penguin Computer Systems Co., Ltd. has only modified their appearance.

If I buy an apple and paint it black, does it stop being an apple?

As for the 300 million yuan compensation, we have real evidence. Your honor, this is the evidence we collected.

After copying three of our products, Penguin Computer Systems Co., Ltd. also poached our company’s Kirin Facebook celebrities at high prices, which caused our company Kirin Facebook to suffer heavy losses. This is an extremely bad and serious illegal business practice.

Jurors and judges here, if someone copied your stuff and poached your employees, and then turned around and told you in an understatement that we are willing to compensate and settle, would you accept such a thing?

If this is not illegal and the court does not rule against him, does it mean that if you have money, you can do whatever you want?" Yin Tao asked with serious words, looking around the audience.

Is it true that money can do whatever you want? This sentence suddenly caused an uproar in the audience.

"Yes. The functions are the same, so if you change the appearance, wouldn't it be called copying?"

"I know about Qilin's Facebook star jumping ship. Penguin's method is really disgusting. If the judge doesn't judge your people by plagiarizing your products, then you really can do whatever you want if you have money."

"Indeed, the little girl said it right. If the engine and color of the car are changed, its core function will still be a car."

The discussion in the audience also made the judge feel more pressure, and the jury's opinion began to favor Yin Tao.

"Dong dong dong~"

"Quiet...Quiet..."

"The defendant and the plaintiff are unwilling to settle and have submitted new evidence regarding compensation. Do you have any point? If so, please submit new evidence." Zhan Yubo knocked the hammer in his hand and looked at Kong Banghan and asked.

"Your Honor, I want to see the evidence." Kong Banghan replied.

Kong Banghan obtained the evidence submitted by Yin Tao from the judge, which was seven or eight pages in detail. According to the opponent's calculation, it indeed caused huge losses.

Kong Banghan felt extremely stressed for a while, and could only wait for the first-instance verdict before proceeding. He only blamed himself for not being adequately prepared.

"Does the defendant have any objection?" Zhan Yubo asked when Kong Banghan looked at it for a long time and didn't respond.

"Your Honor, this evidence is just the plaintiff's word. I question its authenticity," Kong Banghan replied.

“Your Honor, this evidence is the result of statistics compiled by three top accounting firms, PricewaterhouseCoopers Zhongtian LLP, Deloitte Touche Tohmatsu, and Ernst & Young Hua Ming LLP, based on our company’s past data, and

They are willing to testify in court to prove the authenticity of this report." Yin Tao said with a smile that she spent hundreds of thousands to obtain these three reports.

"..." Kong Banghan was speechless. He felt that the level difference was too big and he was no match for Yin Tao.

...

The first-instance verdict came down half an hour later, requiring Penguin to immediately stop the infringement, remove three infringing products, apologize, and compensate Kirin Entertainment for losses of 300 million yuan.
Chapter completed!