Chapter 548: Chapter 181: Are there still people who dig their own graves this day and age?_3 Chapter 548: Chapter 181: Are there still people who dig their own graves this day and age?_3 “The authenticity, objectivity, and relevance of the evidence are all undisputed.”
This does not require cross-examination, indeed, net loans were made, but, as long as both parties agree, it is a very normal consumption pattern to pay for goods through net loans.
Old Tang immediately took out the fourth piece of evidence.
“Evidence four, a video evidence photographed by the assistant to the secretary of Xiping Village, showing the defendants telling the villagers that the products were given for free.”
The video, just over twenty seconds long, was filmed by Xue Lingling before Old Tang arrived.
Of course, without this video, the case could still be won, with over a dozen witness testimonies and the police station records, according to the rules of high probability, the case could basically be sealed.
But with the video, it was as good as nailed down.
Old Tang continued to present evidence, this time it was the firm’s invoice, hotel accommodation invoices, and round-trip vehicle expenses, anyhow, this was to prove these were all case expenses, all the foregoing were trivial, this was Old Tang’s focal point.
The evidence and cross-examination phase ended, Xu Shouchang said nothing; he was not a fool, he could see that his side had significant problems.
But what to do, there was no choice but to endure it.
The courtroom debate began, and Old Tang once again started his performance.
“The defendant’s fraudulent behavior divides into two parts, the first being consumer deception, which evidence one, two, three, and four can prove, attracting the villagers’ attention through the so-called free medical examinations, then offering products based on those results.”
“In reality, they were making the villagers take loans to purchase, infringing upon the villagers’ right to information, constituting serious fraudulent behavior, according to the ‘Consumer Rights Protection Law,’ Article 55, they should be subject to triple compensation.”
“The second part is making our client take out a net loan without knowledge, and in this process, the most important part is facial recognition.”
What does clause 2 specify, it’s simple.
When the processor of facial information is in one of the following situations, the people’s court shall determine it as an infringement upon the personality rights of natural persons.
(ii) The rules for processing facial information are not made public, or the purpose, mode, and scope of such processing are not expressly stated.
That is to say, when you process facial information, as long as you don’t make it clear, that’s considered an infringement of natural personhood rights.
You might feel this provision is particularly strict, stricter than other personal information collection.
That’s for sure, because facial information can easily be combined with another technology, that is “AI deepfakes.” The latest_epɪ_sodes are on_the novel⁂fire.net
Many people might only associate this deepfake technology with certain types of videos, but in fact, now with your facial information, someone could use “AI deepfakes” to impersonate you at certain times.
Now, many APPs rely on facial recognition, which can be fatal, if you are not careful, you might end up burdened with a net loan, and there have been many such cases.
Additionally, for some other reasons, the Supreme Court specifically issued these provisions, it’s to prevent facial recognition technology from being abused.”
“In this case, the defendant did not clearly inform our party why they were collecting and recognizing facial information,” according to evidence two, the defendants only said it was for easier future feedback.”
“So, it should be considered ‘not informing of purpose’ under ‘provision’ clause 2, Article 2.”
This was for the purpose of taking out a loan, so the whole matter essentially is a sale and purchase contract with a fraudulent nature, as well as an accompanying loan contract.
However, the sale fraud was perpetrated by the defendant, and the loan contract was essentially also completed by the defendant through fraud; the loan was to facilitate the sale, the two are strongly correlated.
Similar to a mortgage and a house sale contract, if the latter is cancelled, the former is automatically cancelled.
Therefore, the right to information and personality rights are mixed here, and according to provision Article 8, the reasonable costs of rights protection naturally have to be borne by the other party.
This was one of the longer arguments Old Tang had made in court since he practiced law; he had to clarify the legal logic involved.
Not surprisingly, Jiang Zhongxi was a bit dizzy.
The general civil disputes in Dongshan County were very common, he hadn’t seen such “high-end” maneuvers.
Not to mention that his level wasn’t very high to begin with.
Seeing Jiang Zhongxi in a daze, Judgment Chief spoke, “Plaintiff’s representative, submit your written opinion afterward.”
“Defendant’s representative, please present your argument.”
Jiang Zhongxi looked at Xu Shouchang beside him, feeling actually that the other side made sense…
So, he had no choice but to say, “I think there is a problem with the plaintiff’s opinion, the facial recognition of the plaintiff was only for the purpose of the loan, though it was not informed, but this has no connection to the prior act of gifting…”
Jiang Zhongxi similarly delivered a long-winded speech, the other side said the two were highly connected, so all right, I say there’s no connection, that’s not a sale, that’s a gift.
Therefore, these are two separate legal relations, there is no confusion, and you cannot have your legal fees borne by me.
This was thought through; Jiang Zhongxi believed he would definitely lose on the consumer rights, but he couldn’t bear the legal fees, otherwise, if this case spread, he would have a hard time continuing his career.
Old Tang was a bit stunned upon hearing this, brother, are you even listening to what you are saying?