Chapter 81: Penguins Will Not Lose? Who Gave You That Confidence? Hand It Over!

Su Bai had already understood infringement cases long ago.

Regarding the reason why infringement cases are difficult to litigate, the primary reason lies in the ambiguity of determination.

What is meant by ambiguity of determination?

It means that in terms of adjudication, it is very difficult.

To determine whether something has constituted plagiarism.

With respect to this determination, domestic law is ambiguous, and it is not easy to define it clearly.

It is not easy to establish it conclusively, yet it is much easier to refute it.

From the perspective of litigation arguments.

What Chen Chao said was very reasonable, and according to this basis, there was a high probability that an ordinary lawyer would lose.

However, the person he was facing was Su Bai.

Chen Chao saw that Su Bai was calm and unhurried, and felt somewhat puzzled in his heart, not understanding where the other party obtained such great confidence.

However, he did not think much about it.

After all.

Infringement cases.

Regarding infringement cases, no one understood better than he did how infringement cases should be litigated.

On the trial bench, at the seat of the presiding judge.

After listening to Chen Chao’s statement, Cao Liqiang slightly frowned, lowered his head and glanced at the litigation evidentiary materials, and after several seconds, struck the gavel.

“The defendant has completed its statement.”

“Plaintiff, regarding the defendant’s statement, do you still have any points that need to be supplemented or stated?”

Su Bai let out a long breath, raised his head and glanced at Cao Liqiang at the seat of the presiding judge, and spoke:

“Presiding judge, regarding the defendant’s statement, our side has questions, and our side believes that there are several unclear statements by the defendant that create certain misleading directions regarding this case.”

Chen Chao: “?”

Unclear statements, creating certain misleading directions?

What misleading directions were there in his statement?

Chen Chao slightly frowned and somewhat did not understand the meaning within Su Bai’s words.

Only to hear.

Bang bang!

On the trial bench, Presiding Judge Cao Liqiang struck the gavel and spoke:

“The plaintiff may raise objections on the spot to the points it believes to be problematic, and the plaintiff shall state which points it believes in the defendant’s statement are unclear.”

At the plaintiff’s seat, Su Bai took out a litigation document and slowly spoke:

“Our side believes that the defendant’s statement and rebuttal opinions are mutually contradictory.”

“The mutual contradictions are as follows:”

“First: when our side accused Happy Match It and Crazy Match Match Match One of why their core gameplay both involved eliminating by connecting three small animals together.”

“The defendant’s counsel argued that the reason for using elimination by connecting three small animals together was because three small animals possess entertainment value.”

“Our side believes that this is not a reason demonstrating that the other party did not commit plagiarism, and it does not have legal defensive significance.”

“At the same time, the other party also argued that ‘three’ is not our side’s originality, but rather a commonly used general element among the public, therefore they do not recognize that the three small animals elimination in Happy Match It released by the defendant Holding Co., Ltd. constitutes plagiarism of our side’s core gameplay.”

“I have doubts regarding this statement.”

“Because according to the defendant’s counsel’s statement:”

“Crazy Match Match Match and Happy Match It, ‘eliminate eliminate eliminate’ and ‘eliminate one’, these two do not possess completeness, therefore they do not constitute infringement of our side’s name.”

“Then, the defendant’s counsel uses this ‘three’ to explain that your side’s elimination of three small animals together and our side’s elimination of three small animals together does not possess originality.”

“According to the defendant’s statements before and after, is this not self contradictory?”

“The gameplay of Crazy Match Match Match and Happy Match It both involves eliminating by connecting three animals together, eliminating by connecting three animals together is the subject as a whole, and there is no such thing as separately using originality and generality.”

“Since our side’s gameplay is originality, then when the defendant plagiarizes our side’s gameplay, does it become generality?”

“Presiding judge, our side has completed its statement.”

After finishing speaking, Su Bai quietly looked toward the defendant’s seat.

Regarding the defendant’s litigation methods in infringement cases, Su Bai had already studied them, therefore he already had a general understanding of their litigation methods.

The key was to grasp the other party’s loopholes.

Therefore, he raised the previous several issues together, and according to his estimation, based on the defendant’s litigation habits, they would certainly employ evasive argumentation.

Sure enough.

The facts were roughly the same as what he had imagined.

The defendant, just as he had imagined, was engaging in extensive evasive argumentation there, analyzing each issue he had raised.

However, these two issues themselves contained mutually contradictory points.

If separated, then there would be no problem at all with what the defendant said, and it could even be said that it was very impressive and difficult to find faults with.

However, when placed together, contradictions would appear.

At the defendant’s seat, Chen Chao slightly frowned, according to Su Bai’s statement, there were indeed certain problems in what he had just expressed.

It seemed.

The other party’s lawyer was somewhat more difficult to deal with than he had imagined.

Chen Chao let out a long breath.

Beside him, Kong Hao spoke in a low voice: “The opposing lawyer has grasped the loopholes in our statement, this kind of situation has rarely appeared before, what should we do now?”

Chen Chao spoke: “What else can we do? Continue the litigation argumentation.”

“The other party has indeed grasped a small loophole in our statement, but it is not some fatal weakness, at most it will slightly affect the presiding judge’s inclination, as long as no key evidence appears, who will win or lose this trial is still uncertain.”

“Mm!”

Kong Hao nodded seriously and let out a long breath.

He always had a somewhat bad premonition, at present, the other party still held a certain advantage.

If the other party continued to expand this advantage.

Then would the one hundred percent myth of Nanshan not be broken?

If it were broken, it would still have a certain impact on the defendant.

At that time.

Forget it.

Do not think about it.

Although the other party currently held a certain advantage, it was only a current advantage.

They had a one hundred percent win rate at Nanshan, how could they possibly lose?

After adjusting his emotions, Kong Hao raised his head and fixed his gaze on the seat of the presiding judge.

After Su Bai completed his statement.

Presiding Judge Cao Liqiang slightly nodded and briefly organized the several points stated by Su Bai.

In the litigation argumentation just now.

It was obvious that Su Bai had gained a certain upper hand, while the defendant’s side showed weakness.

He already had a certain degree of judgment in his mind.

However, regarding the subsequent determination issues, these still needed to be determined through argumentation by both parties.

Cao Liqiang slightly exhaled and looked toward the defendant’s seat.

Bang bang.

After striking the gavel, he spoke:

“Defendant.”

“Regarding the plaintiff’s statement that your side’s statement is unclear.”

“The unclear points lie in that your understanding of originality is inconsistent between the gameplay mode and the game name, does your side have anything to state or any objections?”

Facing the question raised by the presiding judge, Chen Chao calmly looked at the litigation materials and then spoke:

“Presiding judge.”

“Our side has objections.”

“First, the focus of these two issues is problematic.”

“The gameplay plagiarism raised by the plaintiff, our side’s statement that elimination by connecting three animals together does not constitute plagiarism, this point is an explanation responding to the gameplay plagiarism raised by the plaintiff.”

“As for the name, the plaintiff stated that it did not express completeness, therefore our side made statements according to completeness.”

After hearing Chen Chao’s statement, Su Bai slightly curled the corner of his mouth, the defendant’s legal department was quite capable of making convoluted arguments.

Their argumentation was rather chaotic.

Su Bai raised his hand: “Presiding judge, our side raises an objection.”

Bang bang bang!

“What objection does the plaintiff have?”

Facing the presiding judge’s inquiry, Su Bai spoke:

“‘Three’ is indeed generality, but other numbers are also generality, yet why must Happy Match It produced by the defendant use three animals for elimination.”

“Rather than four, five, six, or seven?”

“Is it not because Crazy Match Match Match produced by Nanyou Studio uses elimination by connecting three animals together, and after being verified by the market, the defendant directly plagiarized and adopted it for use?”

“Please have the defendant directly respond to the question raised by our side.”

This.

At the defendant’s seat, Chen Chao remained silent for several seconds and rubbed his temples.

He naturally understood why Happy Match It produced by the defendant had to use elimination by connecting three animals together.

Because Crazy Match Match Match used elimination by connecting three animals together, and this had already been verified by the market, so they adopted it directly.

Their defendant’s game plagiarized it, and they did not concern themselves with anything else, as long as it had been verified by the market it was sufficient.

The rest would be handled by the legal department.

Originally, Chen Chao also believed that it could be handled easily, but the other party persistently held onto this issue, which made him feel a slight degree of pressure.

This issue.

He truly found difficult to explain, but if he could not explain it, the trial would not give him the opportunity.

After all, the current advantage was not on his side.

Hiss!

Chen Chao drew in a breath and reluctantly found a reason and stated:

“Our side did not commit plagiarism, the use of elimination by connecting three animals together is because after our research we discovered that elimination by connecting three animals together possesses the greatest advantage.”

On the trial bench, at the seat of the presiding judge.

Cao Liqiang, as a judge with relatively extensive understanding of copyright and authorship rights, after hearing the argumentation of both parties, already had a general understanding and judgment in his mind.

Bang bang!

He struck the gavel: “After hearing the statements of both the plaintiff and the defendant, the disputed points between both parties are now summarized!”

Bang bang!

Cao Liqiang continued speaking:

“The current disputed point between both parties lies in whether the game Happy Match It produced under the defendant plagiarized the game Crazy Match Match Match produced by Nanyou Studio.”

“The core issue of the disputed point is summarized as whether there is plagiarism of the gameplay mode.”

“Do both the plaintiff and the defendant have objections regarding this point?”

Su Bai: “Our side has no objections.”

Chen Chao: “Our side has no objections.”

Bang bang!

“Regarding the summarized core issue, both parties have no objections!”

Cao Liqiang looked toward Su Bai and continued speaking: “Is the gameplay mode of eliminating by connecting three small animals together in Crazy Match Match Match original to Nanyou Studio?”

Su Bai slightly raised his head and looked toward the trial bench: “The gameplay mode of Crazy Match Match Match is original to Nanyou Studio, and in the evidence previously submitted by our side, there is evidence in this regard.”

Bang bang bang!

Cao Liqiang again looked toward the defendant Chen Chao: “Regarding whether the gameplay mode of Crazy Match Match Match is original to Nanyou Studio, does the defendant have objections?

If there are objections, please submit relevant evidence to prove them or raise doubts regarding the gameplay mode.”

Regarding the presiding judge’s words, Chen Chao took a deep breath!

To prove.

He could not produce it!

The argumentation just now was argumentation, but as for proof, there truly was none.

Chen Chao spoke: “Presiding judge, our side still maintains the original view.”

After hearing Chen Chao’s words, Cao Liqiang again struck the gavel.

Bang bang!

“The gameplay mode of Crazy Match Match Match is original to Nanyou Studio, there is dispute.”

“However, the plaintiff can submit relevant evidence, while the defendant cannot submit relevant evidence.”

On the trial bench.

After Presiding Judge Cao Liqiang clarified this issue, he glanced at the litigation materials and continued speaking: “Regarding this point, does the defendant have objections?”

Chen Chao shook his head: “No objections.”

Then, Cao Liqiang again slightly raised his head and looked toward Su Bai at the plaintiff’s seat:

“Plaintiff, do you still have any supplementary evidence or legal basis to provide?”

Su Bai took a deep breath and knew that this was preparation to determine whether it would be classified as plagiarism.

According to the information provided by Li Xuezhen, at present Cao Liqiang already had an inclination regarding the determination of this plagiarism case.

And this inclination was naturally leaning toward his side.

It was time to produce the decisive measure.

“Presiding judge, our side has supplementary materials.”

“Mm!”

Cao Liqiang lowered his head and glanced at the litigation materials, then raised his head and looked toward Su Bai: “What are the supplementary materials presented by the plaintiff?”

“It is a related survey, presiding judge.”

Su Bai handed the related survey to the staff member beside him and continued supplementing:

“This survey was conducted under lawful circumstances, randomly selecting twenty passersby to conduct evaluations of the two games.”

Cao Liqiang slightly frowned: “I remind the plaintiff here that if the evidence submitted by the plaintiff is found upon review to contain any non compliant conduct, the plaintiff shall bear full responsibility.”

“Presiding judge, our side understands, all materials with lawful source certification submitted by our side are included, and if there is any non compliant conduct, our side is willing to bear full responsibility.”

“Mm!”

Cao Liqiang nodded and began to review the content of the survey.

When Su Bai saw that Cao Liqiang was reviewing the evidence, he was completely reassured.

A determination that the defendant committed plagiarism could be said to be virtually certain.

Even if not virtually certain, there was at least a ninety percent degree of confidence.

Although the contents of these surveys he submitted were evidence, they did not have any particularly substantial effect in determining that the defendant Holding Co., Ltd. had committed plagiarism.

Everything that needed to be said, Su Bai had already said in full during the trial.

Although submitting these materials could not determine that the defendant had committed plagiarism, they had another function.

That was to influence the presiding judge’s inclination.

Look.

Everyone said that the two games felt very similar to one another, like plagiarism.

It was impossible for the presiding judge, at the level of cognition, to deny that these two games did not resemble plagiarism, was it not?

As long as the presiding judge had even a slight inclination, then this kind of inclination of identification would increase.

Or rather, if Cao Liqiang’s inclination was leaning toward the defendant, it could pull him back.

This was the correct way to make use of the evidence he had submitted.