Rebirth 1979: Hunting wild boars and saving educated youth

When President Tan learned that Chen Feng and his team had been sued, he was so angry that he slammed his head on the table in his office and shouted angrily, "This is simply too much!"

He knew in his heart that the advertisement of Jinbian Liquor was now the piggy bank of Southern Express. If the advertisement failed, it would directly hit the pockets of their newspaper.

President Tan, a man of action, found a lawyer friend he knew, Lawyer Wang, to help Chen Feng and his team with their lawsuit. He also ran around actively trying to find connections for them, keeping himself busy.

When he saw Chen Feng, President Tan patted his chest and assured him, "Don't worry, Xiao Chen, I am a man of integrity. No matter how your lawsuit goes, our newspaper will not stop running this advertisement!"

Chen Feng knew clearly that if the advertising continued, the advertising fees would naturally not be reduced.

He smiled and responded, "President Tan, this lawsuit is the first copyright infringement case in Chinese history. If the Southern Express could seize this opportunity to report on it properly, it would be of great significance."

When President Tan heard this, his eyes lit up. "Xiao Chen, I didn't expect you to have such a good journalistic instinct. Don't worry, we've been following this case with the police."

Lawyer Wang is nearly 50 years old and doesn't look well, but when he talks about law, he's incredibly eloquent. He's very familiar with legal provisions, and most importantly, he has a strong relationship with the court system!

Chen Feng is very satisfied with Lawyer Wang. In this day and age, many laws have not yet been promulgated. Although he also knows some infringement cases and defense content, in the current legal context, he really needs such a lawyer to assist.

After Chen Feng readily paid Lawyer Wang a substantial consulting fee, Lawyer Wang began to work actively.

After a few days, the mediation of the case failed and the trial officially began.

On the day of the trial, the courtroom was bustling with activity. Sitting in the plaintiff's seat were the Taiping Department Store guys, along with Mr. Lu, a smug-looking CEO.

In the dock, Chen Feng remained calm and prepared to respond to the lawsuit in person.

The atmosphere in the audience was even more lively.

Ning Yao, Bao Guoqiang, Xu Wei, and others had arrived, and even many villagers from Mashan Village had come, saying they wanted to support Chen Feng. Their faces were filled with indignation, as if they were even more excited than Chen Feng himself.

In addition, there were four or five reporters from the Southern Express, each of whom was taking notes in a notebook.

The judge struck the gavel and the trial officially began.

The plaintiff's lawyer began to talk incessantly about how Jinbian Liquor had infringed their rights and damaged their interests.

"Phnom Penh Wine has used a cartoon image highly resembling Teresa Teng in its advertising without authorization, seriously infringing upon Ms. Teng's portrait rights and our commercial interests. According to relevant legal provisions, this behavior constitutes infringement. We request that the court order Phnom Penh Wine to immediately cease the infringement and compensate us for our economic losses."

Chen Feng smiled slightly upon hearing this. He stood up calmly and retorted, "First of all, I want to clarify that the image we used is not a real photo of Teresa Teng, but a creative cartoon. This cartoon does not directly depict Teresa Teng herself, but incorporates the artist's creative elements. Therefore, it cannot be simply equated with a portrait of Teresa Teng."

"Secondly, according to the principle of 'fair use' in relevant laws, our use has not adversely affected the original work, nor has it damaged the reputation of the original author, and therefore does not constitute infringement."

Attorney Wang added, "Furthermore, the plaintiff must provide conclusive evidence proving that the cartoon character is indeed Teresa Teng, and not some other character. Without conclusive evidence, a determination of infringement cannot be based solely on subjective assumptions. According to the principle of 'he who asserts must provide evidence,' the plaintiff bears the burden of proof."

What the hell?

“Fair use” principle?

Whoever makes the claim must provide evidence?

The plaintiff's lawyer was a little confused. He never expected that Chen Feng and Lawyer Wang would defend in this way. He was a little at a loss for a moment.

Frankly speaking, when he took on the commission, he felt that it was basically a sure thing and there would be absolutely no problem in winning, so he was not very well prepared.

Now, suddenly faced with such a logically rigorous defense, the plaintiff's lawyer was immediately at a loss for words.

The situation in the courtroom began to tilt.

As Teresa Teng's representative in mainland China, her cousin Xu Hongxia was also staring at the talking protagonist in amazement. At the same time, she was very angry in her heart. This man looked quite respectable, but how could he be so eloquent!

She was thinking about going back to the United Front Work Department and asking them to give an explanation. Putting her cousin's image together with the wine that nourishes the kidneys and strengthens yang was simply an insult to her cousin's image!

As a Taiwanese and a popular star, it was impossible for Teresa Teng to appear at the trial in mainland China, so he naturally entrusted her cousin to handle the case.

In fact, he had just reunited with his relatives in the mainland not long ago, which was one of the important reasons why he came to the mainland last time.

The trial lasted for several hours, with both sides arguing back and forth.

The plaintiff kept repeating the same old things, emphasizing that Phnom Penh Wine's actions constituted infringement, while Chen Feng and lawyer Wang argued that the plaintiff's evidence was insufficient and that there was a deviation in their understanding of the legal provisions.

Finally, the judge adjourned the court.

He said seriously, "The legal issues involved in this case are quite complex and require careful study of relevant laws, regulations, and case law. Therefore, this court has decided to announce the verdict at a later date. Before the verdict is announced, both parties should remain calm and refrain from any drastic actions. If there is any new evidence or opinions, please submit them to this court before the next hearing."

As the judge finished speaking, the trial came to a temporary end.

Chen Feng and Lawyer Wang smiled at each other. At the moment, the chances of winning this lawsuit were very high.

The next day, the Southern Express reported the lawsuit in great detail on its front page, directly calling it the first case of commercial infringement since the founding of the People's Republic of China.

This was followed by a long editorial written by President Tan.

I have to say that President Tan’s writing style is really good.

The editorial begins by talking about the competition between state-owned and private enterprises in the market.

"In the market competition between state-owned and private enterprises, private enterprises are often at a disadvantage and face numerous challenges. However, we must remember that private enterprises are an important cornerstone of our economy and are indispensable. Take the Phnom Penh Distillery as an example. Its courageous expansion into the market and its products have gained widespread popularity, making a significant contribution to alleviating social material shortages. Therefore, private enterprises should be fully supported and actively encouraged. Only when private enterprises prosper can the economy truly thrive."

Then he started talking about the Yin and Yang of Taiping Department Store:

"On the other hand, the actions of state-owned enterprises like Taiping Department Store are truly inappropriate. As state-owned enterprises, they should be working together to promote the market, but they are competing with village enterprises, and even using despicable means, which is really damaging to the reputation of state-owned enterprises. I hereby call on state-owned and private enterprises to work hand in hand to jointly build the four modernizations."

When Lu Guangxiao of Pacific Department Store saw this editorial, his face turned pale and he was extremely angry.

With a "bang", the newspaper was thrown heavily on the table!