"Moreover, according to the principle of good faith in the Civil Code and relevant provisions of the Consumer Rights Protection Law, when the pre-installed software on this phone cannot be uninstalled by normal means, the phone manufacturer should inform users of the uninstallation method!"
"So we believe that under such circumstances, the test results are sufficient to prove that several types of pre-installed software cannot be uninstalled!"
Zhang Minghua naturally did not want to be outdone and also began to refute.
"The plaintiff's claim that the company cannot uninstall the software because it has not found any other method to do so is completely illogical."
"It's well known that pre-installed software is often complicated to uninstall because it's mostly related to the phone's operating system. Therefore, the plaintiff's claim that they exhausted all possible uninstall methods doesn't prove anything. It only proves that their testing evidence is insufficient to prove that these software cannot be uninstalled."
This is Zhang Minghua's debating approach. From the beginning, he had no intention of using words like "economic development" or "these software are system software and cannot be uninstalled" to debate.
Times are different now. If it were before the Ministry of Industry and Information Technology’s regulations were issued, he would definitely use these words in the debate.
You say it is not system software, but we have evidence, procedural evidence to prove that these pre-installed software are closely related to the mobile phone system. Without these software, the use of the basic functions of the mobile phone will be affected.
That would be fine then, but not now.
Now that they say this, if they bring up the regulations of the Ministry of Industry and Information Technology, they are simply asking for trouble. If they file a complaint with the Ministry of Industry and Information Technology, they are doomed. It will be even worse than losing a public interest lawsuit...
A good lawyer must avoid putting his client in an unfavorable situation.
We can't be like a certain lawyer named Zhang, who could have just paid compensation, but ended up arguing for twenty years without anyone knowing what was going on.
So I can only say that our software can definitely be uninstalled. The reason why you failed to uninstall it successfully is that you did not find the right method. It is not our fault.
"I think the defendant's claim that uninstalling apps is cumbersome because they are related to the phone system is pure nonsense, not to mention that it's well known because there's no evidence to prove that these apps are related to the phone system, or that they fall under the statutory requirement of 'uninstalling apps is cumbersome.'"
I Have a Book of Ghosts and Gods
Not to mention that there is no such regulation at all.
The two sides started a verbal battle!
It has to be said that Zhou Yi could see that lawyer Zhang Minghua was a rival of Mr. Fang.
His foothold is very special, and he is also very familiar with legal provisions.
It’s a pity that the legal provisions are becoming more and more complicated, and there are fewer and fewer points that can be argued.
Even with all his eloquence, he couldn't convince the judge. After all, the uninstall method provided by the mobile phone manufacturer was something no normal person would have thought of...
This does not require the use of a high degree of probability standard.
So as the debate went on, lawyer Zhang Minghua could no longer continue.
On the contrary, Mr. Fang on the opposite side is so excited and excited!
"Please provide evidence to prove that this so-called uninstall method is something any consumer could come up with. It even requires professional programming knowledge and takes at least five minutes to complete. Is this something a normal consumer could come up with?"
"Also, according to the Ministry of Industry and Information Technology's regulations on pre-installed software, the uninstallation method should be simple. Is this uninstallation method simple? I have to use a computer every time to uninstall. I don't think this is a simple method."
"Even if there is such an uninstall method, it will be useless for ordinary consumers because no one will know or should know such an uninstall method."
"Therefore, it should be considered impossible to uninstall!"
Each word was like a knife stabbing at him, leaving Lawyer Zhang speechless.
He was a traditional lawyer who couldn't find any points to argue and couldn't keep repeating the same old things, so the debate ended.
At this point, netizens who had been watching the live broadcast were finally happy. At least this debate was worth it!
It also allows people to see the skill of Mr. Fang, which progresses layer by layer, like a spider weaving a web.
In a debate, it is taboo to throw out the key point directly. You must block all other avenues first before throwing it out.
Otherwise, your perception of the debate would be completely different.
The presiding judge announced the end of the court debate and then began to ask both parties if they had any final comments.
This final opinion is the final statement in the corresponding criminal defense. Of course, it does not have to be called the final opinion. Sometimes the judge will ask you if you have anything to add.
Mr. Fang is naturally gone, having said everything that needs to be said.
The lawyer next to Zhang Minghua stood up and began to talk about the opinions that had been expressed online, which was the importance of corporate development.
Why do I say this? Because the judge has the power of discretion, and both parties work hard to argue in order to convince the judge.
Finally, the trial ended. This case was of great importance and it was basically impossible to pronounce a verdict in court, so Zhou Yi was not surprised.
Soon, relevant news appeared on the Internet. After all, the trial was broadcast live, and even ordinary people could tell who was right and who was wrong.
Mr. Kang from Oupian Company watched the live broadcast and almost smashed another mobile phone.
It's useless to hire a lawyer at a high price. Our profit from making mobile phones is already so small. Isn't it appropriate to make a little profit by pre-installing software?
In fact, no one says that pre-installed software is unreasonable, and some people even like pre-installed software.
However, it is unreasonable that pre-installed software cannot be uninstalled. Unfortunately, the profit here is too huge and manufacturers selectively ignore it.
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