"Of course I'm thinking of suing!" Zhou Yi looked at Fang Dazhang and said, "After all, we've talked about this before. These big companies are a bit too extreme when it comes to unfair terms."
"And they always think that no one will do anything to them because of this, so this time, they will chase one sheep and let two sheep go."
Zhou Yi said with a relaxed look.
After going through so much, Zhou Yi is no longer the same person he used to be. He would get angry if the customer service staff kept delaying. No, he would not get angry at all.
He only does what he says. If I want to argue with you to the end, then I must argue with you to the end!
Looking back at the serious incidents in the past, if you think about it carefully, in many cases it was not Zhou Yi who was unlucky, but because many people have encountered these things.
"But I don't think it's that easy to win a lawsuit regarding your member-on-demand service." Zhou Xinran said from the side.
Green Gourd Sword Immortal
When she found out that Zhou Yi was going to file this lawsuit, she began to look at the standard terms of Qiyi Company.
As I looked at it, I found that these terms were really disgusting.
"Teacher Fang, please take a look at the second clause of this introduction!"
Fang Dazhuang took the phone and looked at it, then returned it and said with a smile, "Xinran is young now, right? If I tell you that this clause is included in the standard terms and conditions of almost every film and television platform you can find, would you believe it?"
What were they talking about? Zhou Yi picked up his phone and took a look, feeling speechless.
The clause states: "Both parties agree that the aforementioned exemption and limitation of liability clauses do not fall under the 'clauses that exempt one party from liability, increase the other party's liability, or exclude the other party's major rights' as provided for in the Civil Code. This means that you and Qiyi both acknowledge the legality and validity of the aforementioned clauses, and you will not claim that any clause in the agreement is illegal or invalid on the grounds that Qiyi failed to fulfill its obligation to provide reasonable notice."
To put it simply, we have an agreement with you here that what we mentioned above are not subject to the "Contract Law", oh, now it should be called the Civil Code, and are not subject to the "exemption from liability..." clause stipulated in the Civil Code.
This is a word game often used in many standard clauses.
We agreed with you first that it is not responsible for our affairs here, but the fact is, now that you have made this agreement, does that mean it is really not responsible for us?
Analyze each case specifically, this is the most basic thing!
It’s just…are all these platforms like this?
Zhou Xinran quickly opened other apps, and then clicked on the terms of agreement. Sure enough, whether it was Qiyi, Big Goose, or anything else, there was this clause!
The words may be different, but the core is the same.
It must be said that Internet companies are really awesome.
Fang Dazhuang was too lazy to say anything about such clauses, because there was no need to debate. Just because your company says it does not comply does not mean it complies. Otherwise, what is the point of having laws?
"Also, here, in Section 1.7, if you do not agree to the modifications to this Agreement, you may cease using the Service. If you continue to use the Service, it will be deemed that you agree to all modifications to this Agreement."
After reading it, Zhou Xinran looked up at Fang Dazhang and said, "Teacher Fang, I also feel that this clause is a bit wrong. It's a bit... a bit too overbearing. You have to show the contract to people, after all. Does simply using it count as consent?"
Attorney Fang took the phone and looked at it carefully, then began to ponder. As he pondered, he said, "I have a different opinion on this clause. Just looking at this clause, there's no exemption, aggravation, or exclusion. It's true that this clause can be set unilaterally."
"But just because it can be set unilaterally doesn't mean it can be changed at will. If there are any changes or additions to the terms later, they still need to be reviewed in detail."
Now, Zhou Yi and Zhou Xinran both understood. It still needs to be analyzed in detail. It is okay to just make this one point, but it does not mean that any content added later must be accepted, because if a dispute really occurs, it still needs to be examined in detail.
But I have to say, this kind of clause is still a bit scary.
What does this mean? It means that the video platform can modify the so-called membership rights at will.
"The boundaries of video membership rights are unclear. One day you're told you can watch a video first, and tomorrow you're told you can watch part of it first. But it's really unclear what part that is."
"Add to that individual purchases, movie tickets, and all sorts of other tricks, and membership fees and individual payments coexist, and it's all a mess."
After Mr. Fang finished speaking, he sat there without any expression on his face, but Zhou Yi and Zhou Xinran next to him knew that this bald... Mr. Fang with less hair was very unhappy.
I clearly wrote down the problem in my notebook, but I still feel unhappy every time I think about it.
Of course, the most crucial thing is the paid advance on-demand viewing. Is there a breach of contract in this matter?
"Teacher Fang, look here. There are regulations about paid advance on-demand viewing and membership rights. These should have been added later." Zhou Xinran asked again.
This is why she feels that the lawsuit is not easy to win, because here, others have clear regulations.
"It must have been added later. Otherwise, there wouldn't be such a clause before the advance on-demand feature. The key question is, what exactly are his so-called gold membership benefits?"
As Fang Dazhuang was speaking, he opened the APP, then clicked on the gold membership, and soon saw the specific regulations for members.
"You can enjoy early access to popular TV dramas and unique, high-quality original dramas on satellite TV. You no longer have to wait for the snail-like update speed. While others are still waiting for the update, you will have already watched the finale!"
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