On March 14, we learned from relevant channels that Tesla's second-instance judgment in a case against a certain music expert "Cai Moumou" for reputation infringement was officially announced, and the judgment of the Zhejiang Provincial Higher People's Court was: uphold the original judgment, reject the appeal, and this judgment is final. In other words, after nearly 2 years, Tesla's infringement case has finally come to an end.
Then, according to the first-instance judgment of the Ningbo Intermediate People's Court of Zhejiang Province, "Cai Moumou" apologized to Tesla on social media such as Weibo, Douyin, and WeChat public accounts within 15 days of the effective date of the judgment, and the top lasted for not less than 15 days, and compensated Tesla for infringement losses of 100,000 yuan. The second instance is the final judgment, which means that "Cai Moumou" will publicly apologize to Tesla within fifteen days.
Although, according to relevant laws and regulations, "Cai Moumou" can apply to the Supreme People's Court at a higher level for civil retrial, it must have strong evidence to prove that it is sufficient to overturn the original judgment, and there is an error in the application of law in the original judgment before the possibility of revising the judgment will arise. At the same time, the execution of the original judgment will not be suspended during the retrial.
In other words, no matter what "Cai Moumou" plans to do next, he needs to apologize and compensate Tesla first, and if you want to delay through legal procedures, this "little calculation" cannot be played.
To review the cause and process of this incident, during 2021, "Cai Moumou" released a video about "a Tesla supplier friend of mine exposed the inside story" through one of its voice accounts. "Boss Cai" claimed in the video that his friend was one of Tesla's suppliers, and the friend broke the news that Tesla had a series of violations in cooperation with suppliers after localization. But "Cai Moumou" did not show relevant evidence in his video against Tesla.
Subsequently, Tesla believed that it had not been able to provide any evidence in the video to support the authenticity of its description, and had also complained about the content described by "Cai Moumou", but the two sides communicated fruitlessly. In 2022, Tesla decided to take "Cai Moumou" to court over this incident, demanding that Boss Cai stop infringing and delete infringing content; Publicly apologize in writing and put it on the relevant platform for not less than 90 days; Pay 5 million yuan in infringement damages.
On April 19, after learning that he was sued by Tesla, "Cai Moumou" made the matter public on social platforms and said that he would accompany him to the end. In the following 3 days, "Cai Moumou" repeatedly stated on social platforms that he was a "victim", as well as "Tesla's legal department sued car critics" and "did not allow free voices" and other content.
In June and October of the same year, the case was held in the first instance trial and the first instance verdict was announced, and the court held that "Cai Moumou" did not provide evidence to prove that the content of his video was true, and the words in the video were obviously insulting and negative, which exceeded the reasonable scope of supervision and criticism, and had targeted the defamation of Tesla, which constituted an infringement of Tesla's reputation rights. It was sentenced to apologize to Tesla on social media within 15 days for no less than 15 days, and compensate 100,000 yuan for infringement losses. Subsequently, "Cai Moumou" appealed, and the second instance of the case was heard on February 7 this year.
The editor said: In fact, at present, with the continuous development of science and technology, network information can be described as extremely developed, especially on various social media platforms, full of many big V users with a large number of fan groups, moving tens of millions of fan users, so that their appeal and impression power is no less than some traditional media. For these people, in fact, they should pay more attention to their own words and deeds, and win attention and traffic by fabricating facts, which is obviously inappropriate, and through this incident, it can also serve as a warning to some people with ulterior motives. As for users, if they do encounter after-sales problems such as sales or quality of automobiles, in addition to making good use of the Internet to speak for themselves, they can also protect their rights and interests by reporting to relevant departments and complaining through the manufacturer's complaint hotline.