November 10, in the provinces and an ordinary coffee shop, the five million U.S. dollars astronomical claims of the actress in late after a half-hour before the press. In fact, next to a small compartment, she went to earlier, but reluctant to shut himself up out of the door, the presence of lawyers and his mother only turns on stage, psychological persuasion. "We wait 5 minutes, although he soon came." Yellow as the agent of Zhou Chengyu, such as before, some too warm greeting and wait, he looks a bit tired, his face stubble for several days without shaving, Perhaps the presence of any one week than all hope, although he can speak out. "I do not want to, although he's silent because we lost the war, become downright clown mouth." Zhou told the "Global Entrepreneur."
Huang Ching-thin face on the makeup of a very strong, but still can not hide the dark circles furrow. Light up the face of a sudden the lights and the "rattle" sound of the camera, she did not put up his hand, just sit down quietly and slowly straighten back, silent. And two years ago, in front of the 24-year-old girl was almost a different person. After the announcement in a video see her since then have bought a quality ASUS laptop, ASUS has been the face of emotional excitement argue, but rather look menacing.
November 27, on suspicion of "extortion" and police custody for 10 months, although he received a national award 29,197.14 yuan. Identified in the previous state compensation is written: "Huang Jing rights violations in their own way after the exposure claims, not an act of usurpation, but the activist behavior, ask for 5 million U.S. dollars is over defenders, but not extortion crimes. "The confirmation of the State Compensation more than a year of silence," ASUS astronomical claims "re-flip out of the water, the amount of 500 million claims were deliberately caused by an open criminal case, and gradually expanded into social events.
The case has demonstrated to some extent, to safeguard their own rights and interests of Chinese consumers and businesses determine whether their reputation threatened by the legal boundaries between the difficult dissection. Chinese consumers often play the role of the weak and helpless, but in some cases, it will go to the other extreme, a merchant in the eyes of the "trouble-making people." The face of the latter case, businesses are always easy to "overreact." The reason is that China's consumer brand loyalty is relatively weak, so that any one case of improper handling of similar disputes will allow enterprises to pay more unexpected loss of reputation, which may drop off the fierce competition in the Chinese market in the next wind.
In accordance with the University of Pennsylvania Wharton School of retail experts Hodge (Stephen Hoch) argument, the original "customer is God" is outdated, and most companies no longer have this idea. As for the generous return system, "many companies think that they do not even get applause, but will also let some customers like to be abused and lead to the loss of them."
To all companies that have raised a new problem, namely how to deal with the New Company and the relationship between individuals and the public. A similar case is the Foxconn Group to China in 2006, a media reporter's 30 million yuan filed lawsuits, although the final settlement, but Foxconn's approach was almost unanimous opposition of public opinion. "This is a lose-lose situation, there are no winners." A multinational brand director told the "Global Entrepreneur", "at least in terms of the company's brand is not particularly effective approach, the public will be sympathetic to the weak side, although the company legitimate practice, but in China is not 'reasonable', injury or their own brand. "
On the 24-year-old Huang Ching, the past 2 years of this happened like a nightmare. While ASUS, the more unspeakable victory. Lessons might be worth all the companies doing business in China draw: a first general step by step evolution of consumer disputes how the final will both driven a extreme, making it a costly farce.
Game control
There is only one truth, but everyone that his master is the truth.
Huang Jing mother told "Global Entrepreneur," she initially claims that the amount of five million U.S. dollars, the feel is ridiculous, so ridiculous, then repeated a few times and saw the U.S. dollar and not only confirmed the yuan. She said the claim that astronomical amount to not even her daughter, is Zhou Chengyu and lawyers through consultations. "I know girl, this is not something she can do them." Huang Jing mother said, "although he did not buy Asus if the computer, if the problem was not to find Zhou Chengyu, things will be like another. Zhou Chengyu too much about this industry , and too clearly what is at stake. "
February 9, 2006, Huang Ching-alias Dragon consider coming in a nearby shop to buy a 20,900 yuan Asus laptop. Wong recalled that two hours later, she found the computer in question, then returned to the maintenance requirements Asus reseller. ASUS dealer sent to the computer repair point, it was found that the CPU of the computer problem, after updating the CPU, although he returned on Feb. 10.
According to Huang Ching describes her computer back repaired, the dealer told her that the computer because of recurring problems, let such a long time, which does not normally use, so the CPU originally upgraded to 2.0G 2.13 G as compensation. However, although he later found computer Although you can normally use, but the body appeared the phenomenon of abnormal heat, even a small plastic panels are scorch the table.
Impact of a subsequent first glance, this case of consumer disputes, but another common figure, appeared at this time. Zhou Chengyu Huang Jing's mother then got help view, week after software testing and found installed in the notebook which is a project within the test version of CPU, heat capacity, easy to burn your computer. IT industry for many years in the week that such prohibition to the Intel CPU is to be sold on the market.
Zhou Chengyu clear that this was a special opportunity. "I found Asus hit the line" this year on Oct. 31, when the Articles first interview week, here he inexplicably to emotional up, cites several Asus will suffer the consequences, or even call it a serious there might be destroyed from the brand.
February 15, 2006, Huang Jing, and Zhou Chengyu two in ASUS, Zhou Chengyu, although he's an agent's identity is. Recording under negotiation, week or day negotiations unilaterally, as in the Asus repair station maintenance work after the beta was found inside the computer CPU, they want to do a deal with Asus to reach a settlement, once the settlement reached, weeks will All the evidence by ASUS, the two sides signed a confidentiality agreement, not to compromise the matter; but if no agreement was reached, they will all evidence by the media exposure. Weeks of the proposed settlement means that 5 million dollars in punitive damages.
"We originally thought that an ordinary consumer complaints, and later discovered the problem is not the normal customer complaints." Wei Zheng, director of ASUS brand of "Global Entrepreneur," said, "Long day, consider coming (ie Huang Jing), and claimed that its lawyer Zhou Chengyu with audio and video equipment to the company, claiming that we used in the repair failed CPU, asked to meet with top executives in China. "ASUS headquarters to report, the next day, general manager of China operations ASUS Xu Youjia the fly, who met Tuesday with the yellow.
"Actually, I never thought to get this money," Huang Jing of the "Global Entrepreneur" said, "I just hurry up, to see ASUS's reaction." While the young girl, but in no way Aware that this was formulated by Zhou Chengyu claims beyond the amount of common sense, but then she suffered 10 months of prison life. Zhou Chengyu described the Asus that omission and that the company may have serious consequences arising from the fear, apparently inclined to believe her, ASUS only passively to negotiate. And this amount seemed to have left a large room for bargaining.
ASUS later explained that the maintenance of that day did find a problem with CPU, but the model is out of state CPU just need to deploy an spare parts from Shanghai. As said, although he did not want to wait for the day, its distributor said the new initiative by a company Albert CPU to Asus repair station, repair station by the engineers replaced. Therefore, this "trouble" of CPU is provided by the ASUS dealers. And Huang Jing, said she hoped to return the day, dealers do not agree, no one told her for the original non-ASUS CPU, only to find that the CPU is the engineering test version.
In the February 15 interviews, Zhou Chengyu, said Huang Ching-repair center the first time there for the whole process of recording video, and Asustek Computer have been told to do a trace evidence identification in the Ministry of Public Security, in Beijing by the Beijing Notary Chu Zi Di 2006 recognized certificate No. 73874, has kept sealed up exhibits, the machine would go to Beijing to see the first notary office. ASUS introduced Huangbo Ting, head of customer service, he and his colleagues in the Feb. 16 arrived at the notary office view should be about the time and did not find the presence of any notary, did not see the so-called certificate. Zhou holds a computer over, that they can not open the test CPU, only use the software testing, Huang Ching-side with a camera the whole camera.
Zhou Chengyu clearly understand the media and network communication is a brand of mass destruction. March 5, he and Huang Ching-to ASUS published a detailed exposure program, subtext, that is, if no agreement was reached with the Asus, namely the use of media and network communication channels will be made public in this dispute.
"ASUS attitude throughout in good faith to resolve, and doubt in the talks is the emergence of numerous, the company reluctantly resort to legal means to resolve the matter." Cheng Wei explained. ASUS said Tuesday in front of people after receiving yellow clearly on many occasions, did not identify the problem before, from the intelligence, reason and law of the three angles to provide users with replacement, back machine plus transportation costs, compensation for lost income higher than the limits prescribed by law for reconciliation solution. But "Zhou Chengyu, although he refused to ASUS's reasonable and legitimate programs, adhere to ask for five million dollars, or threaten to take 10 steps to ASUS."
ASUS to repair the first time from the Huang Ching-down machine for Intel CPU sent to do testing. March 2, Intel's testing center in the Philippines back to the relevant report, the report shows Fengyun ASUS CPU is not Intel's supply of original products had already been re-marked. In addition, the Company for Long and Zhou Chengyu consider coming out of the identity of survey, and purchase when the dragon consider coming and Biotechnology Research Institute, Beijing University did not exist; Zhou Chengyu I am not a lawyer, was still in dispute because of the economic bail pending state. With representations, the ASUS understand Zhou Chengyu know much of this industry, but also the same week online sales used notebook and accessories, online complaints have on record week. ASUS doubt many of the view that this decision report.
"I think that although he is doing everything possible to shut us into Asus's." Zhou Chengyu on "Global Entrepreneur," said. He claims the day in the arraignment of reported cases to see ASUS volume and found that ASUS fro a total of three cases reported, the first two were returned for lack of evidence the police inadmissible. In this regard, there is no positive response to ASUS, but that should seek the advice of the Judiciary.
Huang Ching-memory before and after the process of being arrested: "who the day before ASUS hit me no fewer than 10 phone, let alone bring my laptop to go the next day to negotiate, solve problems." And she finished with the ASUS one brief conversation After several people in the elevator is stopped, "they dressed in civilian clothes, he said was 'wait', they produced Jingguan Zheng, Ye Qi I left." Huang Jing said, "how did not think it has been caught inside. "
March 7 evening, Huang trial in the District Criminal Investigation Brigade. "Some are asking the question I do not imagine, I have to rip off the whole person." Huang Jing said. The next day, she was transferred to the detention center and detained for 10 months. Huang went through life the most do not want to 10 months, she held together with a wide range of people, when first encountered cold and exclusion, ironically, her fellow prisoners at a tender age blackmail other people money. "Sleep only sideways; winter can wash cool shower; eat bread every day, wanted to vomit later that bread." Huang Jing said, "but then they have gradually changed for me, and that I am not the kind of who will be fraud money. "
Promoter or a showstopper
Throughout the incident, although he himself higher than the tone is Zhou Chengyu. Through extensive investigation of correspondents, that week had presided over the entire notebook CDC channel operations, and therefore the industry market conditions and sales patterns familiar. In 2005, the CDC notebook channels disappear after in the event of economic disputes, the trade rumors that week absconded with money, which I refuted the rumors have been weeks. However, according to the Beijing Municipal No. 1 Intermediate People's Court No. 02274 No. 鍒戜簨瑁佸畾涔?final recorded words: Zhou Chengyu in August 1998, found guilty of theft was sentenced to two years six months, April 14, 2000 released from prison. Contract because of suspected fraud in the July 15, 2005 is in custody on August 22 the same year was released on bail; suspicion of committing extortion, on March 7, 2006 is in custody on April 14 the same year, was formally arrested - this last record, refers to a 5 million U.S. dollars ASUS claims.
Week In an interview with "Global Entrepreneur," said the first interview, his hustle in the IT industry for many years, was a start-up of Robin Li Baidu hands of one of several senior staff, and later in the management of Kingsoft Co., Ltd. office, followed by Lenovo and IBM have in the work. In the big companies do not see a career in the dawn of a larger, week out they live on their own, founded the Beijing love the Information Technology Co., Ltd., doing high-end residential wireless broadband and notebook business. "It was great to do business in fact, rented a building in Zhongguancun, a layer at Hong Kong, about a few million a month in cash flow, but was later knocked down another one unexpected thing was ... ..." Zhou Chengyu said.
However, correspondents found that Baidu brand department as early weeks of a regular employee, working the 1-2 months after the left Baidu; and Jinshan older employees have said that the name has not heard of Zhou Chengyu.
However, the week for the notebook industry, understanding and mastery of information is quite difficult to ASUS. He determined to seize the "Asus uses non-dealers original CPU" the fact that the CPU is not even the engineering test version of ASUS own, but also because ASUS did not manage distributors and repair stations should be the ASUS Vulnerability management pay. Zhou said, "CPU to allow engineering test version of the security risks to emerge, although he only chose me and activist way", but start with a proposed settlement to the way odds Asus: Asus to pay 5 million U.S. dollars in compensation, week, although he will put all the evidence and information to Asus, and will not allow third parties to sign confidentiality agreements known.
"The whole process of negotiations are in full flight Zhou Chengyu, the parties Miss Long (Huang Jing) but very little talk from beginning to end." Zheng Wei said. Weeks or even more than once told reporters that if one day Asus chairman Johnny Shih can sit across from him, then maybe war really won.
Zhang Ping told the lawyer, "Global Entrepreneurs", in June of this year before he was commissioned to take over by Zhou Chengyu Huang Jing of the state compensation applications. Zhou was released from prison early this year after visiting a lot of lawyers, consultants should consult the case, what will happen, although he eventually decided to try to state compensation. "He is a very intelligent person, a very good speech ability, an ability to have control of a situation of people." Zhang Ping, Zhou Chengyu this evaluation.
ASUS is clearly a far encountered trouble than expected opponent, he knows how to use every opportunity to attack each other. The morning of October 29 this year, when Intel CEO Paul Otellini is a speech at Peking University, Zhou Chengyu rushed podium, held up in Chinese and in English "Intel ASUS cover, female students Rights imprisonment," the protest banners and shouting " ASUS and Intel, although he was framed strayed into the joint 10 months of incarceration, "caused a great uproar.
"We can not into a war of words in the situation." Zheng Wei said. Things now, although he is waiting for state compensation, the amount and ASUS response. And Zhou Chengyu, is also actively promoting the lawyers start proceedings, will be false accusations, and product quality reputation infringement of three charges of failure to prosecute ASUS. Latest news is that, although he and Zhou Chengyu submitted to the China Consumer Association activists placed on file the request has been rejected.
"We do not use substandard products, we can not confirm that the distributor of the CPU and Zhou Chengyu mouth of engineering test version of a CPU is not the same, because we did not get through it from beginning to end, maintenance of the computer after the problem." Zheng Wei said, "If Asus is wrong, now seems the only mistake is that ASUS engineers for the dealer agreed to replace the sinking by the dealer to provide the CPU." Haidian Procuratorate and the "non-prosecution tactic Protocol" also confirmed the engineering sample CPU is not provided by Asus.
In general, dealers are only responsible for sales, no right to carry out repairs. Ranked the country's second of the ECS computer dealers told an industry, "Global Entrepreneur" by logic, the dealer is unable to provide notebook materials and parts, but in the process of sale Weixiu, in cases of emergency Dique there is such a phenomenon. The people believe that if construction is indeed a new version of CPU Albert provided, then at least ASUS dealer management and maintenance engineers checking on the existence of loopholes in the management process.
In any case, when the ASUS to this incident as "extortion" the moment of reporting, we make it into a more passive situation. "Enterprises in the face of consumer complaints, under the situation, no matter how big the amount of the claim price, its from the elevated Xingshi cases of civil disputes is unwise to, which is apt to be challenged as entails public rights of consumers." Criminal Beijing Senior defense lawyer Xu Lanting said, "companies must now reflect on their own whether the products and management problems."
On December 26 last year, came out from the detention center, although he returned to Shijiazhuang, in the care of mothers completed university studies. Her life becomes extremely simple, every day at home reading, Internet, phased return to school to take the test, past teachers, students and friends choose Bierbujian. "I even have other people on the home to conceal this matter. I do not want her in the media exposure, suffer more damage, she still has a long way to go." Huang Jing's mother told the "Global Entrepreneur", "If never complain Zhou Chengyu this is false, he was somewhat ruined my girl. "
"I believe this matter in the end nothing came of it." Zhou Chengyu, said, "The ultimate Asus or Asus, Intel or Intel only, although he can not go back."
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