sbdcsierra Chapter 75 Taking Legal Action to Fight Back
Chapter 75 Taking Legal Action to Fight Back
After arranging his work, Lin Feng found the lawyer's contact information that his father had given him during the Spring Festival in his phone's address book. The law firm was recommended by his third uncle.
"Attorney Zheng, Guoxin Law Firm, Tel: 139XXX..."
Lin Feng dialed the number. After five or six rings, the phone was answered.
"Hello, who is this?" a crisp male voice called out.
"Hello, is this Attorney Zheng from Guoxin Law Firm?"
"I am Zheng Yongming. And who are you?"
"Hello, Attorney Zheng, my name is Lin Feng. Lin Guoliang is my third uncle, and he introduced me to you." Lin Feng said his third uncle's name.
The voice on the other end of the phone was noticeably warmer: "Oh, you're Professor Lin's nephew. Professor Lin mentioned to me that you're starting a business and said you might need legal advice. Is there anything I can help you with?"
"I have a copyright infringement case that requires a professional lawyer to handle."
Lin Feng briefly recounted the story of Shengyue MP3's pirated version of "Lilac Flower" and introduced his exclusive authorization relationship with Tang Lei, the copyright holder of the song.
Attorney Zheng listened attentively and raised several key questions, such as whether the authorization documents were complete, the status of evidence of infringement, and whether the other party's information was clear.
Lin Feng answered each question in turn, and also informed the other party of the store information and invoice details of the machine Xu Qiang purchased.
"I understand the situation basically," Attorney Zheng said after listening. "From your description, the facts of the infringement are quite clear. Our law firm has extensive experience in intellectual property rights protection."
"Would it be convenient for you to come to our law firm tomorrow morning with the materials you have? We can discuss the details in person and finalize the representation plan and subsequent steps."
"Okay. I'll be there at 10 a.m. tomorrow."
"Okay, I'll send the address to your phone later. See you tomorrow."
The next morning, Lin Feng, carrying the preliminary materials he had prepared, went to the address provided by Guoxin Law Firm.
The law firm was located in a high-end office building in the city center, with a simple and understated decor. Attorney Zheng Yongming appeared to be in his mid-thirties, wore glasses, and possessed a composed demeanor. He carefully reviewed the materials Lin Feng had brought, especially the preliminary audio comparison report and technical analysis.
"The materials are quite well prepared." Attorney Zheng put down the documents.
"What we need to do now is to solidify the chain of evidence. The invoice header for the infringing MP3 player you purchased is key; it links the infringement to the specific sales entity."
However, to be on the safe side, we may need to conduct a notarized purchase, with the entire process witnessed by a notary public, and the infringing products sealed off. This is the strongest evidence.
"Notarized purchase? How long does that take?"
"If all goes well, it can be arranged in two or three days. The location can be the store you bought from before, or another store that you've confirmed will ship the goods."
"At the same time, we can begin drafting the lawyer's letter. The letter will be sent not only to the registered address of the 'Shengyue' brand company, but also to the sales store shown on the invoice, namely 'Innovation Digital Store'."
This is called using multiple approaches to exert pressure. If the other party is knowledgeable, they might proactively contact us to negotiate upon seeing the lawyer's letter. If they are not, or are hoping for the best, then we will initiate legal proceedings.
"If it's litigation, how long does the process and timeline typically take?"
"In copyright infringement cases where the facts are relatively clear, if the opposing party is identified and their assets are enforceable, the first instance trial period may take three to six months. Of course, if the opposing party is willing to mediate, it will be much faster."
Attorney Zheng looked at Lin Feng and said, "Your demands are mainly to stop the infringement and compensate for the losses. If a settlement can be reached, with the other party removing the products from the shelves, providing compensation, and signing a guarantee that they will not infringe again, that would be an acceptable outcome. After all, litigation is time-consuming and exhausting."
"I understand. But we must fight the lawsuits that need to be fought; it's a matter of attitude," Lin Feng said firmly.
"It's not just about this one song, but also about telling others who want to follow the trend that piracy is a dead end and will come at a high price."
Attorney Zheng highly praised Lin Feng's legal awareness: "It's good to have such determination. Let's proceed in two steps: first, prepare for notarized purchase to secure evidence; second, draft and issue a lawyer's letter. We'll do both at the same time."
I will issue the lawyer's letter on behalf of Mr. Tang Lei and your Fengchi Digital Studio as their joint authorized representatives. You need to obtain Mr. Tang Lei's formal power of attorney as soon as possible.
"No problem, I'll go see him to sign it today."
Leaving the law firm, Lin Feng felt more confident. He decided to leave professional matters to professionals, and his father's recommendation was reliable.
Upon returning, he immediately contacted Tang Lei. Tang Lei readily signed the authorization letter and affixed his fingerprint via fax.
"Speak up whenever you need me to step in."
"Don't worry, I'll definitely ask you to help if needed." Lin Feng put away the documents. "The first step is to let the law and the lawyer's letter speak for themselves."
Three days later, arranged by Attorney Zheng, two staff members from the notary office, along with Lin Feng and Xu Qiang, went to the "Innovation Digital Store" again.
Under the full supervision and video recording of a notary, a brand new "Shengyue" MP3 player pre-installed with the song "Lilac Flower" was purchased.
The entire process—from purchasing and making payment to obtaining the invoice and sealing the goods—was meticulously recorded.
The following day, a formally worded lawyer's letter bearing the seal of Guoxin Law Firm was sent by express mail to both the registered address of the "Shengyue" brand and the business address of "Innovation Digital Store".
The lawyer's letter clearly listed the facts of the infringement and the legal basis, and made demands such as immediately ceasing the infringement, destroying the inventory, compensating for economic losses, and issuing a public apology, and set a seven-day response period.
On the afternoon of the third day after the lawyer's letter was sent, Lin Feng was in his office.
The phone on the table vibrated. It was an unfamiliar number, from Chengdu.
Lin Feng answered, "Hello, who is this?"
There was a two-second silence on the other end of the phone before a slightly hoarse, middle-aged male voice came through, his tone unfriendly.
"Is this Lin Feng? I'm Zhou, the owner of 'Innovation Digital Store.' I received your lawyer's letter."
Lin Feng smiled slightly: "Boss Zhou, it's good that you received it. We hope you will seriously consider our requests."
"What are you considering?" Boss Zhou's voice suddenly rose. "I sell my MP3 players; what songs are on them is the manufacturer's business! What does it have to do with me? Besides, it's my business if students download songs and copy them to their devices."
"Boss Zhou," Lin Feng reminded the other party, "the invoice was issued by your store, the machine was purchased from your store, and it's a fact that 'Lilac Flower' was pre-installed inside. We have a notarized purchase record from the notary office, and an audio authentication report proving that it's a pirated file. This chain of evidence is very complete."
You say it's the manufacturer's problem, then please provide the manufacturer's official authorization documents. If you can't provide them, then you are jointly infringing on their rights.
I heard rapid breathing on the other end of the phone, followed by a "thud," like the sound of someone slamming their hand on a table.
"Lin Feng, let me tell you, don't think you can scare people by sending a lawyer's letter! I've been in the digital market for years, what haven't I seen? You're just a student, running a small business and you think you're someone important?"
"Boss Zhou, this has nothing to do with what kind of situation you've been through. I suggest you consult a lawyer about what kind of responsibility you'll bear for infringing on music copyright."
"Beep...beep..."
The call was disconnected.