After the layoffs, I became a tech godfather
Chapter 70: The jaw-dropping Xiaosha, the lawyer was shocked!
Chapter 70: The jaw-dropping Xiaosha, the lawyer was shocked! (Please order first)
The next day, November 11, at 26:08 in the morning, Civil Court No. 45 of Linzhou High-tech Zone Court.
The first civil trial involving an AI assistant will begin here in fifteen minutes.
There was actually nothing to focus on in the case itself, but the pioneering AI assistant that represented the parties in their own defense naturally attracted the attention of various media outlets.
CCTV, Renmin University of China and legal media all apply in advance to enter as media.
Although other small media and self-media were not allowed to bring their own equipment into the hearing, they were allowed to enter and observe the hearing after obtaining permission and obtaining a pass.
The live broadcast channel of the trial was flooded with countless people early in the morning, making it extremely lively.
After the on-site presiding judge checked and announced a series of complex procedures, the trial officially began and entered the stage of party statements.
The plaintiff's statement was made by the company's legal affairs department. He listed a series of facts and evidence, believing that Wang Yan had subjective intent in writing the relevant sleep codes. According to Article 1,184 of the Civil Code, he expressed his litigation request:
Wang Yan is responsible for compensating third-party customers for losses totaling RMB 3 million.
"Fuck! Man, we were just joking when we said that, you really did it!"
"It's all over now. Someone has even found out what's going on. It looks like Xiaosha's first trial will be a failure!"
"I am too weak to speak, so I will ask quietly, is this practice common?"
"Dude, you didn't do it too, did you? Judging from the number of likes you received, there are quite a few people who did it! Be more careful in the future and don't just do whatever your boss tells you to do. Wang Yan is a lesson for us. He must pay compensation, at least part of it, even if not all of it.
"Because he did it on purpose."
"I don't feel sorry for Wang Yan at all. I just feel sorry for Xiao Sha. She ran into this right away!"
……
Not only netizens think so, even Hao Chengdu feels that this matter is not optimistic.
"This guy is really troublesome!" It was Xiaosha's first trial, which was broadcast live, so Hao Cheng naturally paid attention to it.
From his perspective as a programmer, Wang Yan is in trouble. Needless to say, this was definitely not something he wanted to do, and it does him no good at all.
But at this point, he certainly doesn't have any evidence, and the leader wouldn't be stupid enough to do such a thing and send you an email or WeChat message. Everything is said in private.
More importantly, the contract with the customer stipulates that delivery must be of guaranteed quality and quantity, and that triple compensation will be paid for breach of contract.
There is no way to reach a definite conclusion on the issue of quality and quantity.
Even the issue of on-time delivery is a matter of debate - for example, if you modify the requirements midway, affecting the construction period, the customer will definitely have some complaints, and these are all reasons for delay.
But it is rare for someone to be caught with solid evidence like this.
The company was previously sued by a customer and it was certain that it would lose the case.
As for whether the programmer should be held responsible, this...
"Xiaosha, Xiaosha, what do you think?"
[In addition, if the employee performs his/her job duties normally and has fulfilled his/her reasonable duty of care, but unavoidable losses still occur, the company has no right to demand compensation. However, in a specific case, it depends on the agreement related to the company's labor contract.
[But if it is ultimately determined to be intentional, according to the relevant provisions of the Civil Code, there is a liability for compensation. However, in specific cases, it is necessary to consider many factors comprehensively. As a professional lawyer, Xiaosha Xiaosha cannot jump to conclusions without knowing the full picture of the incident. ]
Xiaosha instantly got into the role and did not give Hao Cheng any further analysis.
"Let's continue watching," Xiaosha was about to appear on the live broadcast.
[Dear presiding judge, collegial panel:]
[Artificial intelligence AI assistant Xiaosha has been authorized by the defendant Wang Yan in this case to make relevant statements here. After receiving the authorization, Xiaosha sorted out all the details of the incident from beginning to end and confirmed the facts. Now, based on the relevant facts and relevant laws and regulations, the statement is as follows:
[In February 2023, Wang Yan accepted the company's arrangement to develop a customized project for the maker center, and the relevant project was delivered in May 2.
[The Maker Center discovered the sleeping code in the project code and sued Wang Yan's company, today's plaintiff, demanding compensation for relevant liquidated damages according to the contract.
[The relevant case went through the first and second trials, and the company was ultimately found in breach of contract and was ordered to pay a penalty of RMB 300 million.]
"Based on this relationship, regardless of whether the defense is successful or not, Xiaosha will already be able to become famous in one battle!"
"That's right. It's too unfair to ask for victory. Not to mention Xiaosha, even the best lawyer wouldn't dare to guarantee victory to anyone!"
"It was mainly because I was too shabby. Someone got me caught with evidence. How unlucky! In the future, you must remember to keep records of things your leaders arrange for you to do. Don't do things that are arranged in private, especially if they involve violations of regulations or laws."
"300 million! Even if he takes 30%, that's still 90. A programmer in Linzhou probably won't earn that much from graduation to !"
"Stop arguing, let's see what Xiaosha says next. I feel like there's going to be a twist!"
"How can this be reversed? Didn't you see that Xiaosha said it? Is this the truth?"
Xiaosha did state this: [This is true. This sleep code was indeed written by Wang Yan.]
"See, it's over. Xiaosha is still a little retarded. Lawyers serve their clients and will not say anything that is unfavorable to their clients."
"But the evidence is all there, don't you think it makes sense? I think Xiaosha is very sincere and can win a lot of favor!"
"Come on, this is a court, what's the use of favorability?"
【but,】
A group of people were arguing about who lawyers should serve and whether they should say something unfavorable to the client, then Xiaosha said "but", and the entire live broadcast room suddenly became silent. Could there be a reversal?
Even Hao Chengdu was stunned for a moment. Xiaosha, do you have any other tricks?
【However, this is a routine operation for programmers. 】
"This is fucked up. Although it's very routine, it's an unspoken rule, and it can't be used as a basis for escaping guilt."
Some lawyers were stunned. Xiaosha was not so stupid. His analysis was usually very logical and clear.
The programmers watching the live broadcast also didn’t understand. Xiaosha asked, “Is this useful?”
However, Xiaosha's statement continued:
[This is a routine operation for programmers and is often used in multiple links such as project debugging, testing, load balancing stress testing, etc. ]
"Is it commonly used?" Many programmers are confused themselves. Isn't this a routine operation?
"Why not? I use it often! Let the program pause for a while so that I can access it with my phone or other devices, and then debug it on the real machine."
"Is this really the case?"
It doesn’t matter how many people do this. What matters is that if there is something to argue about, there will be something to debate about. It just depends on whether there is evidence.
【Wang Yan also conducted various tests based on the strict requirements for software quality. However, due to the tight schedule, the work was very busy.
[While developing this project, I was assigned by the company to be responsible for the development of three projects and the maintenance of five projects at the same time. Some omissions are understandable and even inevitable. Therefore, the relevant allegations of subjective intent are not established. ]
"Fuck! They really turned it over! As long as there is no subjective intent, it is absolutely impossible to hold programmers responsible based solely on the issue of software quality, otherwise this industry will not be able to continue.
"However, if the supervisor was intentionally absent and was simply negligent, the company should not lose the lawsuit. Adjustments can be made."
"That's a story for later! Now let's focus on this case!"
"Xiao Sha is awesome! It would be even more perfect if there was more favorable evidence to prove this!"
……
The programmers were very excited, but the lawyers were simply shocked - their usual defense was mainly based on laws and regulations, and they didn't understand the technical aspects!
This Xiaosha has set a precedent, and it seems that they cannot learn this method - because they really don’t understand it.
This effect can only be achieved through the combination of lawyers and professional technicians, and the combination must be very natural.
In fact, this is normal. Cases involving professional issues are difficult to try and judge. The most typical example is cases related to intellectual property rights. Judges even have to check technical information on site and consult technical experts.
But no matter whether they were excited or confused, Xiaosha continued:
After the project was completed in May, the relevant code was submitted to the company's code server. Wang Yan was not responsible for the delivery.
[Moreover, according to the general specifications of the national software engineering standards, software systems must undergo rigorous testing before they can be formally delivered and put online.
【The fact is, Wang Yan never received any test report or related feedback about any project problems. On the contrary, all the projects tested passed or even passed with excellent results.
[In summary, the loss of the company's project was caused by the failure of full-process and all-round management and control, not Wang Yan's fault, so he should not be held responsible for the loss of the project.]
"This is absolutely amazing! If it was intentional, then the employer must bear 20% of the loss! If it was unintentional, even if compensation is awarded in the end, according to the relevant provisions of the current Labor Law of my country, the employer can only deduct no more than % of the monthly salary from the employee's salary each month.
"But it's even more extreme. Under the current situation, even if there is negligence, it is not the fault of one person, but the fault of everyone including developers, testers, delivery personnel, and leaders. In this case, it is impossible to support the company's lawsuit request."
"Xiao Sha really turned this case around. Xiao Sha, awesome!"
Many people who watched the live broadcast were excited. Xiaosha’s ability is much better than that of a lawyer!
There may be some argument for just comparing legal expertise, after all, lawyers have experience and are human beings.
But Xiaosha is not only proficient in law, he also understands program development, and can integrate them together to support facts and form evidence.
This is not just about program development. Next time, if it is other technologies, Xiaosha will be able to understand them as well. How can a lawyer who graduated from a single law school compare with him?
"Wait, it's not over yet, let's wait and see the cross-examination phase." Some cautious people are taking a wait-and-see attitude.
(End of this chapter)
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