On the evening of January 15, I published an article titled "NetEase Ding Lei Apologizes, Reminding Me of the Heartbroken "Leech" Company" about the simple process of my lawsuit with Mobike in 2017. In the end, it ended with Mobike losing the case. Some readers want to see the pleadings I wrote myself at the time, and now I will share the first draft of the pleas with you.
The Statement of Defence is divided into three parts:
First, several infringing words in Mobike's lawsuit were explained to prove that the words were used appropriately and that the content did not create rumors. Because the key conditions for judging the infringement of the right to reputation are two: 1, obvious insulting words; 2, rumors.
Second, to explain who the Heart of the Rock is, to prove that I did not write an article subjectively to attack Mobike.
Third, show the evidence that Mobike found someone to write a black manuscript to smear the heart of the rock. In yesterday's article, I named two self-media, one of which has been permanently suspended, and the other has cancelled its public account overnight.
In fact, at that time, there were many self-media who participated in collecting money to write black manuscripts to smear the heart of the rock, and I will not name them all. Because these self-media that collect black money have basically disappeared, I will no longer publicize for them. This fully proves that doing bad things, taking a crooked road, and not going long.
At that time, a friend told me privately that the person who led the smear of the Heart of rock project was actually the self-media in the science and technology Internet circle, which was four words, and this old sister was a very good person, and I really did not believe that she could take over the illegal activity of cold lips, falling into the well, and obviously smearing.
I could have called the police to deal with this matter at that time, but now that the time has passed, 5 years have passed, and I will no longer pursue it, hoping that this elder sister can privately repent of herself.
In addition, for the former general manager of Mobike, the head of public relations, I would like to tell you that good has good rewards, evil has evil rewards, and be careful when walking at night!
This self-defense provides a very good defense material for lawyers, so that lawyers who do not understand the shared bicycle industry can quickly combine relevant laws with cases, laying a solid foundation for winning the case.
I remember a detail at the trial site, the Mobike side took out a bunch of medals and trophies on the spot, proving that it was a state-backed scientific and technological innovation enterprise. I revealed on the spot that those medals and trophies were bought from the media for money, making it difficult for the other party to step down.
The opposing lawyer took out a picture of the pond of "raising leeches" on the spot, and used this as evidence that I used "leeches" to describe Mobike as a violation of the right to reputation, and the result was reprimanded by the judge on the spot: "Such a disgusting picture has nothing to do with this case, take it away." ”
The two lawyers on the other side, each with an agency fee of 100,000 yuan, or well-known lawyers from well-known law firms in Shanghai and Hangzhou, were helpless and embarrassed when faced with the lawsuit of Rock Heart.
This shows that it is extremely difficult to fight professional lawsuits with honest, objective and in-depth media people. The opposing lawyer really looked down on the heart of the rock and thought that how could a self-media beat the lawyers of a well-known law firm. Unfortunately, they miscalculated.
Although I did not understand many legal terms, but my articles were flawless, coupled with more than ten years of continuous writing, exercised a strong logical thinking ability and debate ability, I responded with 18 pages of defense to their half-page A4 paper "Indictment", with a complete crushing advantage to win.
Therefore, all readers, when writing articles, we must be responsible for the authenticity of the content of our articles, be careful in the use of words, and run this caution through every article writing.
Articles that are sent out are like spilled water, words that are spoken, and thrown to the ground. At the same time, we must firmly believe in freedom of expression, public opinion supervision is the right given by the state to every citizen, do not be intimidated by any intimidation.
The relevant articles involved in this case are as follows:
The article that was sued: "Mobike's financing of 600 million US dollars is still the life of "leeches", once the investment is broken, it will die immediately"
Defendant Wang Bin self-pleaded
Dear Judges and Collegial Panels,
I am wang bin, the defendant in this case, and my pen name is Rock Heart. Since this case involves a special industry field- the media public opinion supervision industry, this case may be inseparable from some industry practices that objectively exist in the media industry itself. As a party to this case, I would like to express some of my views on this case from the perspective of the industry itself:
1. The wording of the article does not involve infringement of the right to reputation
The use of words such as "leech", "marionette", "sick fox" and so on in the article is the need of the article argument, so that ordinary readers can easily understand the in-depth analysis of the industry
First of all, one of the points I expressed in the article is that Mobike has been burning money, the existing profit model cannot cover the cost, and it depends on the money of investors to survive. To illustrate this point more graphically, I use the animal "leeches" as a metaphor. After being indicted by Mobike, I went to check Baidu Encyclopedia. Leeches, commonly known as leeches, have been recorded in the Shennong Materia Medica and have high medicinal value. There are also readers who leave a message at the end of my article "Leech is a medicinal herb".
The words "marionette" and "sick fox" are used to illustrate another point of view for the image: Tencent invested in Mobike to rob the WeChat payment scene and entrance. According to Geek Park's April 17 article "Mobike's daily order volume exceeds 20 million", which means that there are 20 million payments per day. There are not many payment scenarios of more than 10 million times in the country, and the payment entrance war between Alipay and WeChat Pay is becoming more and more fierce, so Tencent's continuous participation in Mobike's financing and support for Mobike's overseas expansion, I think this is to enrich the payment scene and seize the mobile payment market. For Internet giants, the strategic significance of enriching the payment scene is far higher than whether Mobike is profitable.
Therefore, in order to explain the position and role of shared bicycles in the giant payment war, I use "Mobike is just an investor's 'marionette'" to describe this role relationship. The "vulnerable" "sick fox", but thinks that he has become a tiger" is taken from the idiom "fox fake tiger wei", in order to more vividly explain the fact that Mobike relies on financing to survive and does not have hematopoietic ability for the time being.
Rock Heart uses these adjectives to argue for ideas, just to make the article more readable, which is also a common writing method for many authors, and has been widely taught in primary and secondary school composition classes. For example, on December 1, 1958, Chairman Mao published "On the Question of Whether Imperialism and All Reactionaries Are True Tigers" during the Sixth Plenary Session of the Eighth Central Committee of the Communist Party of China, and proposed that "all reactionaries are paper tigers." Lu Xun's "Tomb on the "Fei Erporai" should be slowed down": "As for 'hitting the falling water dog', it is not so simple, it should be determined by how the dog is and how it falls into the water." "A widely quoted example sentence in many articles: We are going to beat up the falling water dog.
Therefore, the paper tiger, the falling water dog and the leech, the marionette, and the sick fox are all very vivid metaphors, a rhetorical device of writing, and there is no subjective malice.
Secondly, the CEO of Mobike personally said that he did not know the profit model, and it was also the consensus of the industry that profitability could not cover the cost. For Mobike's inability to make a profit, The Heart of Rock did not falsify any facts.
On November 18, 2016, in the Oriental Morning Post article "Mobike Founder Hu Weiwei: It's Too Early to Talk About Profitability", Hu Weiwei said: "It's too early to talk about profitability, and our entrepreneurial team has not yet thought about this issue." ”
On December 24, 2016, in the article "Mobike CEO Wang Xiaofeng: Don't Think About How to Make a Profit Now", Wang Xiaofeng said: "If I have a 30% profit margin, why should I find investors? Why let them come and share the money with us? The reason why we are still looking for investors is because there is no clear profit model, I hope that others will give me money, let me live, let us continue to develop, let us run faster than others, and then find a profit model together. So when it comes to entrepreneurial projects, it's too early to talk about profitability. ”
On February 26, 2017, Chuangbang Magazine published an article entitled "Mobike CEO: Fail, Just Treat it as a Public Welfare" with the following paragraph:
In addition to the user's use problem, some people questioned Mobike's "profit problem is not solved, it is a kind of entrepreneurial routine, through speculation, cheating venture capital." For this kind of problem, Hu Weiwei is very calm: "The business model does not have to be found, whether it is for society or for individuals, as long as the things are very meaningful and valuable." If I don't do it, I'll be very uncomfortable. On the road to entrepreneurship, the biggest competitor is always yourself. Even if it fails this time, it is a public good. ”
And many media have never stopped questioning Mobike's cost and profit model. Mobike's cumulative financing since October 2016 is about 6.5 billion yuan, and some media data show that the number of bicycles released by Mobike is 6 million.
On July 15, 2017, Jinhua News Network's article "Want to use two Mobike bicycles to build a four-wheeled bicycle" wrote: "Liu Zijian, head of Dongyang of Beijing Mobike Technology Co., Ltd., said that the car dragged by Wei belongs to the Classic (classic) series, and the hardware manufacturing cost is 2384.95 yuan per car, of which the car lock part is the highest cost, and the single lock is worth 1000 yuan. ”
The German economic weekly article "The Idiot Economy: China's Sharing Bubble" mentioned that Mobike cost 250 euros (about 1978 yuan). There are also media reports that CEO Wang Xiaofeng has said that the cost of the first generation of Mobike bicycles is 20 times that of the 299 yuan deposit, so the media speculates that it is 6,000 yuan.
With the advancement of manufacturing technology, Mobike launched the Lite version, so the cost is definitely down. If we calculate the average cost of Mobike bicycles at 1500 yuan per vehicle, the cost of building 6 million cars is as high as 9 billion yuan; if we calculate at an average of 1000 yuan per car, the total cost of car manufacturing is 6 billion yuan; even if calculated at an average of 800 yuan per car, the cost of making a car is as high as 4.8 billion yuan.
If you add the operation, maintenance and maintenance costs of each vehicle, Mobike's financing of 6.5 billion yuan is obviously not sufficient, so it must continue to refinance.
For Mobike's high-cost operation, foreign and domestic media have had fierce doubts:
On July 29, Germany's Economic Weekly published a report entitled "The Idiot Economy: China's Sharing Bubble", which commented on the worrying prospects of China's rapidly growing shared bicycle Mobike and bluntly called it the "idiot economy".
On August 4, 2017, the Shenzhen Business Daily article "Shared Bicycle Operators Should Settle Accounts Well" wrote: Once the capital story cannot become a reality, the era of accounting may come earlier than we expected. Although Didi Chuxing's valuation has reached $45 billion and has completed a new round of $5.5 billion in financing, in addition to relying on round after round of financing, the road to profitability is still far away.
In summary, questioning Mobike's high costs, lack of profit models, and difficulty in covering costs is not the first initiative of the heart of the rock, let alone fabrication. And no enterprise can always rely on financing to survive, profitable which company can not avoid the reality, not to mention that financing has entered the E round, and then not profitable is really very risky.
Third, the Guiding Opinions of 10 Departments Including the Ministry of Transport on Encouraging and Regulating the Development of Internet Rental Bicycles (hereinafter referred to as the Guiding Opinions) clearly puts forward the problems existing in sharing bicycles, and encourages public opinion supervision and social supervision.
After the Heart of Rock wrote "Mobike's financing of 600 million US dollars is still the life of "leeches", once the investment is broken, it will die immediately", coinciding with the Ministry of Transport and other 10 ministries and commissions jointly issued the "Guiding Opinions", the "Guiding Opinions" clearly put forward that "Internet rental bicycles are time-sharing leasing operations of non-motorized vehicles", which is a qualification for shared bicycles to belong to operating enterprises rather than public welfare institutions.
The "Guiding Opinions" also put forward that "Internet rental bicycles have problems such as random parking of vehicles, inadequate operation and maintenance of vehicles, non-implementation of the main responsibility of enterprises, user funds and information security risks." "It has been concerned and valued by the government.
Article 12 of the Guiding Opinions also proposes that "where an enterprise collects deposits or prepaid funds from users, it shall strictly distinguish between the enterprise's own funds and the user's deposits and prepaid funds, open a special account for user deposits and prepaid funds at the place of registration of the enterprise, implement special funds, accept the supervision of the competent departments of transportation and finance, and prevent and control the risk of user funds." "The regulatory issue of deposits has been with the development of the industry since the establishment of the first Internet rental bicycle company." Especially recently, the public's concern and even panic about this have reached a very serious level, and the relevant reports are as follows:
On November 30, 2017, Phoenix Network Technology published "Mobike ofo was exposed to tight funds has embezzled 6 billion user deposits to fill the gap" wrote: "Mobike and Ofo Xiaohuangche two bicycle companies are tight funds, have begun to embezzle user deposits to fill the gap, the total amount of embezzlement is as high as 6 billion yuan, bicycle factories and public relations companies and other suppliers have also been suspended." Mobike CEO Wang Xiaofeng also accidentally revealed in response to reporters' questions that the company will take out a part of the user deposit to buy wealth management products. Recently, many netizens have reported on Sina Weibo, Tieba and other platforms that Mobike's bicycle deposit refund failed, and the software showed that the refund was successful but the account was delayed. ”
On December 4, 2017, NetEase Technology published "Mobike ofo Embezzled 6 Billion Deposits? Industry: Misappropriation is an Open Secret" article.
On November 30, 2017, Sina Technology published an article entitled "National Discussion on Deposit Misappropriation, Professionals Point Out Two Major Doubts about Mobike and Ofo".
On December 23, 2017, Phoenix Technology published an article titled "Deposit Is Difficult to Refund, Mobike Throwing Pot: Third-Party Payment Problems".
On March 1, 2018, Sohu's Wu Xiaobo channel published "The first day of the 360 listing fell to a halt, and Mobike ofo ended the money burning war| Financial Daily Review".
The above article and the content of the "Guiding Opinions" also confirm one of the points I put forward in the article involved in the case: Mobike has been burning money, the existing profit model cannot cover the cost, and relies on the money of investors to live. When the investment is broken, the security of the deposit comes to the fore.
Article 16 of the Guiding Opinions clearly states that "Internet rental bicycle operating enterprises shall regulate their operations in accordance with law, shall not obstruct fair competition in the market, and shall not infringe on the legitimate rights and interests of users and the public interest." Give full play to the role of public opinion supervision and social supervision, increase the exposure of violations of laws and regulations, and create a good environment for development. ”
Therefore, as an Internet rental bicycle operating enterprise, Mobike is an enterprise for the purpose of profit, and objectively there are problems such as random placement of vehicles, inadequate operation and maintenance, user funds and information security risks, especially the need to prevent its capital risks and unfair competition. As a commentator, Rock Heart conducts public opinion supervision, which meets the requirements of the Guiding Opinions and is also legal and reasonable.
On August 3, 2017, Tencent Technology's article "New Regulations on Sharing Bicycles Released to See How the Three Major Enterprises Respond", in the public response to Mobike, only about "making full use of information technology such as vehicle satellite positioning and big data to strengthen the operation and management of its own vehicles and improve service levels", "promoting the application of electronic fences and other technologies to effectively regulate user parking behavior", "encouraging enterprises to formulate higher levels of product quality, operation management and other corporate standards, and exploring the implementation of full life cycle management", but it was not correct "Funds custody, special funds" to make any commitment.
The article also talked about the views of netizens: sharing bicycles to occupy the road is not illegal, why is it illegal for small traders to occupy the road? This is exactly what Article 16 of the Guiding Opinions says: "Standardize operations according to law, must not hinder fair competition in the market, and must not infringe on the legitimate rights and interests of users and the public interest." ”
In addition, Mobike's use of capital to promote red envelope cars, free rides, etc., is unfair to other shared bicycle companies with less financing, and is also suspected of unfair competition.
Moreover, Rock Heart writes about 200 articles every year, less than 1/60 of the articles on sharing bicycles and Mobike, so Mobike is not a company that Rock Heart subjectively deliberately criticizes.
I am writing articles for my own opinions, and at the same time, I am in line with the principle of "public opinion supervision and social supervision" advocated in the Guiding Opinions, which to a certain extent plays a role in warning users of the safety of funds, protecting the public interest, and questioning the unfair competition behavior in the market.
Previously, illegal fund-raising and fraud cases such as E Rent Treasure and Pakistan Railway finally led to the damage to people's funds, which also fully proved that public opinion supervision and social supervision have positive significance, because only more questioning voices can make the people more sober. And really good enterprises, enterprises without problems will not fall down because of doubt.
Second, the heart of the rock writes only for itself
To be honest, I never thought about Mobike's reaction, and I don't need to think about any reaction from Mobike because I'm just writing for myself.
Rock Heart has always believed that not everyone deserves to be called an "independent commentator" or a "columnist." My understanding of these titles is that the writer represents a unique thought and opinion, which is different from repeating the thoughts and opinions of others, or expressing the thoughts and opinions of others for some reason. And the writer also represents the dissemination, and the content written needs to have the value of communication.
I have always thought that true "columnists," like painters, architects, musicians, singers, and scientists, live for themselves, not for anyone's opinion.
Real painters, such as Van Gogh, were only trying to paint their emotions and did not consider getting rich by painting; real architects were only trying to show their architectural ideas in the form of concrete buildings, and their original intention was not to obtain architectural design orders, such as the architect Locke in Ayn Rand's The Fountainhead.
Real musicians just have to play the notes in their heads, not considering how many listeners there are, how many tickets they will earn, for example, Beethoven, who has a disability in his eyes. True scientists do not aim for the Nobel Prize in Literature, but to show their great discoveries of nature to the world, even at the expense of their lives, such as Marie Curie.
Similarly, true independent commentators and columnists do not want to please any reader, any enterprise, or anyone, but only to show their independent thinking and opinions, or their innate sense of social responsibility, in the form of words, such as Mr. Lu Xun.
On the contrary, in this world, those who claim to be for the public good, for the public, are trampling on the interests of the public, for example, pyramid schemes have always said to help victims get rich, financial fraud has always been about helping investors make money, Ponzi fraud has always been about helping others succeed...
And it is precisely these enterprises and individuals who seem to be only for others and only talk about public welfare are the biggest deceptions. Only those who truly live for themselves can do things that are beneficial to society and others.
I've been working tirelessly on one point: everything goes back to its essence. The essence of doing business is to run a good business, make the enterprise profitable, and increase the income of employees, rather than bragging about some concepts and dreams to deceive others for personal gain.
As an independent commentator and columnist, Rock Heart has been forward-looking prediction of a large number of enterprises and events in the field of science and technology Internet and finance:
In 2010, he wrote "The Way of Integration" (China Machinery Industry Press), which first proposed "Internet +", and in 2013, Internet + was positioned as a national strategy;
"Deciphering Xiaomi" (Tsinghua University Press), written in 2014, first proposed that Xiaomi will decline in sales in 2015 due to core shortcomings such as technology and supply chain management, and only by returning to the essence of mobile phone manufacturing can it have a future. From mid-2015 to 2016, Lei Jun proposed that Xiaomi began to make up lessons, and sales fell out of the top five in the world.
In 2016, he wrote "Internet Black Hole" (New World Press), the earliest proposed the theory of Internet black holes, and elaborated on the four gravitational fields of black holes, warning that the negative forces of black holes are devouring the industry, devouring themselves, and damaging innovation. And remind the future of Internet giants lies in technological innovation, not business model innovation, let alone commercial monopoly.
Pictured: I am the speaker
In 2011, Rock Heart was invited to participate in the famous "Diagnosis tencent" conference with experts and scholars such as Wu Xiaobo, Luo Zhenyu, Fang Xingdong, Zhou Jiangong, Duan Yongchao, Yu Guoming, etc., and proposed to Tencent CEO Ma Huateng and former CTO Zhang Zhidong that "the more monopolistic the more open, Tencent can only have a future if it is open", which was included in the book "Looking at Tencent under X-Ray". Since 2012, Tencent has embarked on the road of opening up, casting a market value of HK$3,000 billion.
Since 2005, Rock Heart has written more than 3,000 articles and 10 million words of reviews, analyzing and criticizing many ugly phenomena in the industry, and predicting the future.
These books and words are all from the heart, the result of the independent thinking of the heart of the rock. I have also always believed that a qualified author is to give his true feelings to the text, lead the reader to read, let the reader immerse himself in it, infect the reader, and resonate.
So every time I write a text, I have a strong sense of ritual. Just like a soldier on the battlefield, like an actor on stage, like a painter who draws with a pen, through the brewing of this emotion, he can write an article that is truly satisfactory to himself.
Who is smearing the Heart of the Rock?
On the contrary, there is a phenomenon: on the day of the Haidian court's public case bulletin, there were many articles on the Internet that belittled the "heart of the rock"
On July 27, the Haidian District Court's "Case Express" column said that because Mobike Technology Co., Ltd. believed that Wang Bin used the screen name of "Heart of the Rock" to publish an article titled "Mobike Financing $600 Million Is Still a "Leech", Once the Investment Is Broken, It Immediately Dies", it sued him to the court and claimed 1.2 million yuan.
Illustration: Some articles defaming the Heart of the Rock appeared en masse that day
Immediately after the afternoon of July 27, a large number of media commentaries and smear articles attacking the Heart of the Rock appeared on the Internet. According to incomplete statistics, including "Mobike sued "Heart of rock" Wang Bin defamed to gain fans and forwards to cross the red line", "Self-media "Heart of Rock" Wang Bin was sued Self-media made black public relations? "Mobike sued the self-media "Heart of the Rock", did a good thing for the Internet industry", "was sued for issuing a black draft "The Heart of the Rock" was questioned to be a black public relations cloaked in self-media", "Wang Bin was prosecuted for issuing a black draft", "The Heart of the Rock" was revealed to be a leader of a public relations company" and so on.
Illustration: The case was reported on the afternoon of the day when a media person sighed in the circle of friends
As for the articles that appeared publicly on the Internet to belittle me, I think they were premeditated malicious attacks, and the articles distorted the facts and maliciously slandered me, with the purpose of influencing judicial trials through public opinion.
First of all, at this critical point in time, there are a large number of articles slandering me, which is the result of obvious artificial manipulation of public opinion, and it is obvious that the heart of the rock is black public relations, and writing black drafts is obviously well-intentioned. From the websites that published the content, the content was submitted and not signed by the author.
I ask, who is manipulating these malicious slanders of the Heart of rock?
At present, more and more people are engaged in the new media industry, and the threshold is getting lower and lower, which has also led to a mixture of public opinion. I also wrote in "Mimon is forbidden to speak far from enough, banning paparazzi gossip numbers to eliminate re-registration", "Weibo personally killed their own paparazzi number to eat melon masses must clap their hands and praise", "Why is an article without any insights turned wildly? "Is the "precision push" of new media serving readers or harming readers? "Please "burn paper" for science and technology media!!! " and many other articles discuss the current situation and supervision methods of new media at this stage, and at the same time resolutely support and support the regulatory authorities' bans on bottomless media accounts such as malicious rumors, exaggerated facts, and entertainment gossip.
But I'm also very worried that excessive regulation has turned the Internet into a hall of speech, when people lose the right to free speech, when people can't say no to any business or event, when the media becomes a slave to capital and money, which will inevitably lead to major tragedies.
Therefore, every media person should bear in mind the teachings of the leadership: public opinion supervision and positive propaganda are unified. The news media should face up to the problems existing in their work, face up to the ugly phenomena in society, stir up turbulence, promote purity, and pinpoint the shortcomings of the times, and at the same time publish critical reports with accurate facts and objective analysis.
Therefore, Panshi Heart expects relevant laws and regulations to be introduced as soon as possible, standardize media opinion, eliminate those media that have no bottom line, no persistence, and endanger society, and make our online public opinion environment healthier. I also hope that through the "Mobike's case against the Heart of rock", more experts and scholars can think more comprehensively and deeply about the supervision of online public opinion, and even promote the legislative process related to the media public opinion supervision industry.
Thank you to the judge and the collegial panel for their hard work in this case.
You are welcome to leave a message, share, and express your opinion.