The world-class pottery master offers a reward on television neutrality, and if someone can reproduce his five-layer hanging ball, he will give his hundreds of millions of dollars worth of real estate and all his collection to the other party. Hydropower workers rose to the challenge and successfully replicated. The court ruled that the bounty was valid and that hundreds of millions of assets should belong to the plumbers.
Who is Xing Xiaodong?
It is said that he is a very remarkable figure in the pottery world, how remarkable is it?
Xing Xiaodong can be said to be a titan-level figure in the pottery world, and his pottery works are well-known at home and abroad. It is said that in the pottery industry, there is a saying that "Xing pottery is all over the world". He personally holds more than twenty international patents in pottery. Of his works, 26 are in the permanent collection of the Forbidden City.
It is such a great and famous figure, but because he blew a cow, he paid a terrible price!
On the evening of April 1, 2006, a television station broadcast a talk TV program, and at the scene of the program, Xing Xiaodong, the king of the world pottery, showed the audience a work he was proud of---- a five-layer hanging ball.
Xing Xiaodong said to the host and the national audience:
For more than ten years, no one in the world can imitate it, and I said today in front of the national audience, if it is imitated, my three floors will be given to him. More than 2,000 square meters, including all the collections inside. It doesn't have to be exactly the same, it's almost enough, I don't embarrass him. It can be made into five layers, and it can be hung up.
Xing Xiaodong said that the three-story building is in the downtown area of Dalian, and for decades, he has collected a large number of works of art, all stored in this building, according to the market value estimate, the building alone is worth tens of millions of yuan. Add to that his countless collections over the years. The value is not estimated.
The speaker did not have the intention of listening, and after the program was broadcast, Xing Xiaodong thought that no one would pay attention to it. As a result, there is one such person who has become interested in this challenge.
His name is Sun Yue, and he is an ordinary plumber in the Henan Provincial Housing Management Bureau. He is also a pottery lover. I have never undergone professional pottery training, and I usually think about making some pottery gadgets.
On the TV, Xing Xiaodongkou was seen saying that no one could copy the five-layer hanging ball. Even took out hundreds of millions of assets to make a bet. Sun Yue thought to himself: I really have to try this challenge. If you lose, there is no shame in losing to international pottery masters. If you win, it's a good thing to get fame and fortune.
When all was said and done, Sun Yue confidently began to study the five-layer hanging ball. He set up a pottery studio on his balcony. In order to reproduce the five-layer hanging ball, he specially downloaded the TV program of that issue, learned about Xing Xiaodong's requirements for the five-layer hanging ball, and then read a large number of materials and made countless attempts.
After trying it himself, Sun Yue understood that it was not easy to burn out a five-layer hanging ball.
The so-called five-layer hanging ball is that there are five layers of pottery from the inside to the outside, and there are gaps between each layer, and there are pottery interlocking, which can be hung up, and between each layer can be flexibly rotated.
Clay is soft when kneading, and it is really not an easy task to hang and separate layer by layer.
The more difficult It is, the more morale Sun Yue is.
After nine months and hundreds of failed attempts, Sun Yue's hanging ball finally succeeded in having the first and second layers presented. With this step of progress, he seems to have found the right way, and finally feels that he is one step closer to success.
Finally, after repeated experiments. Sun Yue's first five-layer hanging ball was finally completed.
Although he completed the work, Sun Yue still had some doubts in his heart: would his five-layer hanging ball be different from Xing Xiaodong's, and whether he would not meet Xing Xiaodong's requirements. In front of international masters, how he would evaluate his own work. Although his heart was uneasy, Sun Yue finally dialed Xing Xiaodong's phone.
On the phone, Xing Xiaodong denied Sun Yue's work.
Sun Yue did not get discouraged, re-watched xing xiaodong's requirements in the program, and made several five-layer hanging balls in succession according to his own experience. However, every time he contacted Xing Xiaodong, he vetoed it. At this time, Sun Yue had an idea in his heart, obviously it was done according to the requirements in his program, why did he say that he was unqualified every time? Could it be deliberately miscalculated?
The last time Xing Xiaodong and Sun Yue quarreled on the phone, Xing Xiaodong said contemptuously: "Your five-layer hanging ball is impossible to meet the standard, and your one must be hoisted with wire." Or use glue or something messy. This sentence completely angered Sun Yue, and he finally believed that Xing Xiaodong was still the World Tao King, and it was clear that he was playing lai! You must prove that your five-tiered hanging ball is standard.
In order to prove that his work was not adulterated, Sun Yue took a fired five-layer hanging ball and sent it back into the furnace to burn, proving that it did not contain glue. In front of the reporter, he smashed the hanging ball on the spot and separated it layer by layer for everyone to see.
However, no matter how Sun Yue proved his work, Xing Xiaodong insisted that Sun Yue's five-layer hanging ball did not meet the standard. Xing Xiaodong did not want to believe that the mystery of the world fired by his professional equipment and exquisite technology would be easily copied by an amateur. In Xing Xiaodong's heart, Sun Yue's five-layer hanging ball was not worthy of being compared with his own work.
In the face of the reporter's interview, Xing Xiaodong said with some anger:
It's completely two structural things, my hanging ball is patented by the state, and you have to go according to the requirements of this patent.
When the reporter put forward, these demands Xing Xiaodong did not say in the program. Xing Xiaodong also said unceremoniously: "Since you want to copy it, you must do it." ”
Xing Xiaodong's attitude made Sun Yue feel insulted, no matter how Xing Xiaodong put forward several conditions in the program, Sun Yue felt that his works met the requirements.
Compare
On June 8, 2007, Sun Yue filed a complaint against Xing Xiaodong in court. Sun Yue and his lawyers believe that Xing Xiaodong made clear demands on the challengers in the program, showed the reward items, and publicly expressed his true wishes in the media. Fully eligible for a bounty advertising contract. Therefore, Xing Xiaodong was asked to honor his promise.
One word is mentioned here: bounty advertising contracts.
So is the bounty advertising contract supported by law, and can it meet the conditions for performance of the contract? Here are the first examples:
On May 9, 2003, four little girls were lost in Xianzijiao Town, Daoxian County, Hunan Province, and they couldn't find them everywhere at home. In the end, only bounty ads can be published on TV stations. Those who claim to provide valuable clues have a prize, and those who send people to the door are rewarded with 10,000 yuan. After the news was released, a retired teacher named Zhang Xiang provided clues, and according to the clues provided by Zhang Xiang, the children were successfully found. However, after the children found it, several parents repented, unwilling to fulfill their promises, and even warned Zhang Xiang: "Don't dwell on it anymore, maybe the child is abducted by you!" Zhang Xiang took several parents to court in a fit of rage, and in the end the court ruled that the invitation to find someone was valid, and several parents should fulfill their promise to pay 10,000 yuan. Several parents appealed against the verdict to the High Court. Final Judgment: Zhang Xiang completed part of the contract content of the invitation contract. Therefore, parents should pay Zhang Xiang part of the agreed honorarium of 3,000 yuan.
The similarity with Sun Yue's case is that both cases are rewards released through the media, the difference is that the amount is different.
Since there is clear legal support and guidance for successful cases, how will the court rule on Sun Yue's case against Xing Xiaodong?
In July 2007, the JianXi District People's Court in Luoyang City, Henan Province, accepted the case, and during the trial, although Xing Xiaodong still did not admit that Sun Yue's work met his requirements, he could not produce any evidence that did not meet the requirements. The court ultimately ruled that the invitation contract between Sun Yue and Xing Xiaodong regarding the five-tier hanging ball was established and valid. This means that Xing Xiaodong needs to pay the hundreds of millions of family properties that Sun Yue promised in the show, including real estate and collections.
Dissatisfied with the court's judgment, Xing Xiaodong believed that the atmosphere when recording the program was very relaxed, and that his big words were just a joke, completely for the effect of the program. Root out your true thoughts. The five-layer hanging ball is just a work taken out at random, in fact, its production difficulty is not high, many of their apprentices will do it, so there is no public reward at all.
No
Even Xing Xiaodong publicly shouted:
Did I make that broken thing? Dogs can do that crap thing, teach the dog for two hours, and the dog can do it. It also took eight months. More than five hours to learn is a stupid person, more than ten hours to learn, this person is stupid. Learned in more than a day, this person is dementia.
Xing Xiaodong's words were obviously aimed at Sun Yue and were full of insults. As a world pottery king, saying such a thing is not only a loss of identity, but also a loss of character.
And Xing Xiaodong's act of challenging his works with a public reward with his own real estate and collections has long been not the first time. Only this time, he met the more real Sun Yue, and he really punched his face.
On April 16, 2008, the case against Xing Xiaodong's appeal against the judgment was heard at the Luoyang Intermediate People's Court. Xing Xiaodong did not attend the trial. His lawyer repeatedly stressed that Xing Xiaodong's reward in the program was only to flatter the effect of the program, not the real intention, at most it was just a big talk and bragging. Not a bounty.
One year and three months later, the court rendered a final judgment: although Xing Xiaodong seemed to have the nature of a promise in the conversation, it was only an act of big talk, which was a bet promise, not a bounty advertisement, and there was no bounty advertising contract between Xing Xiaodong and Sun Yue. The first-instance judgment was revoked, and Sun Yue's litigation claims at the first instance trial were rejected.
At this point, it is the end, but the people who understand the beginning and end of the matter are clear in their hearts, and everyone has a scale in their hearts. Xing Xiaodong kept his hundreds of millions of assets. Character and pattern. Completely exposed the vile aspects of his personality to the world. It is not worthy of the title of world pottery king.
Bragging is not taxed, but bragging also comes at a cost. Be careful in your words and deeds, humble and measured. The high wind and bright festival in character are more important than talent.