I see the "Love" fight between 360 and the cool pie.

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August 26, Zhou Hongyi in the cool mobile phone new product launch release 360 and cool cooperation is "Dongguan no Love", to the outside world indirectly conveyed 360 and cool cooperation is not a pleasant message. After that, 360 were notified of the exercise of put options on September 2 and September 8, in the name of a queer violation of the investment cooperation Agreement, requesting the latter to repurchase their holdings at double prices. After the announcement, Jiang Chao, vice chairman of the cool-wing, posted a number of words on Weibo, using radical words like "brute" and "dry death" to express dissatisfaction with 360 and Zhou Hongyi individuals.

Since then, this is the 2015 mobile phone industry's top north-south battle, in the case of both sides of the formal appearance of the situation, the full fight.

1. Zhou Hongyi agreed to the cool faction of the shares of music?

Jiang Chao has published a number of micro-blogs (which have been removed) with intense rhetoric and radical language.

This cool deputy chairman in the recent Long micro-blog is expressed in the Zhou Hongyi originally agreed to take a stake in the cool faction, he said, "in June, Elijah, Guo and he, and I, Pan, Qi always together also special dinner, he and Qi also expressed optimistic about three cooperation, we all open heart wine gather people scattered." According to Jiang Chao's statement, he thought that Zhou Hongyi at the time was "agreeing to a cool faction," so his subconscious cool is in the Zhou Hongyi agreed to accept the shares, because "we are the whole process of contention (levy) weeks and 360 of the consent."

The difference is here-Jiang Chao that at the time Zhou Hongyi at the table "Welcome to the music", that is, represents the 360 accepted the views of the cool pie, so at present in his understanding, is cool in the 360 agreed to the situation only accept the shares of the music vision.

Privately, business dealings and co-operation negotiations are bound to be formally determined, and the way the table is casually stated is legally enforceable, and this will await legal judgment. And Zhou Hongyi as a battle for the North and south for many years, without thinking and under the approval of the legal department, to accept a competition with their own rivals to share their own cooperative company, which is clearly justified in sentiment and rationale. So one of my bold conjecture is: At that time everyone at the table Jiuyi sound, in the mention of co-operation, some people say brothers we hold a group to warm, Zhou 祎 casually said a welcome.

I am sure that Zhou Hongyi will not be in a clear understanding, knowing all the consequences (to know the music as a stake in the cool parent company), the hasty promise to accept a stake in the cool pie.

So, at present, the two sides here in the tangled point, I guess it is such a misunderstanding: Jiuyi Dim table, some people propose we together to warm dozen millet glory, Zhou 祎 casually said a welcome ah ... Then, Jiang Chao here to think that this is 360 to accept a stake in the cool group of music.

2, le vision + cool +360 Why can't you hold a group to keep warm?

The fierce competition in the smart phone market is obvious, regardless of the music, cool or 360来 said, in the face of Apple, Samsung, there are Xiaomi, Huawei, Vivo and other powerful enemies, three group heating competitive market is actually a gold combination, after all, three fit competitive market, There is no harm in the odds of success or risk aversion. In fact, however, the 3 eventually did not move towards unity but went into a crash.

The reason, I think "Lee" is the first factor to escape.

In the 360 release of the message, 360 asked the cool repo 360 in the odd cool stake because the cool faction violated the agreement requirements, the future of the odd cool phone will cause significant harm and impact. In addition, 360 also revealed that since the cooperation between the two sides, cool has not done in the patent, supply chain and other aspects of responsibility and obligations, but in cooperation with the music, the cool has shown a very obvious tilt phenomenon. Based on the cost of investment and the performance of the cool faction in terms of obligations, 360 of the cool faction in the case of ineffective communication requires the cool to buy back its equity.

Judging from the information released in 360, the need for the patent, supply chain, and research and development needed in the process of creating the Zhou Hongyi has not been reasonably used from the cool hands through the previous huge investment, so it is inevitable that the 360 invested so much money instead become a sucker. As a fancy cool in research and development capabilities, patent technology, supply chain and other advantages of the huge investment, but 360 in the investment only to find that they spent so much money, back to the cool pie alone to pay the patent fees and production costs (and may be more than other channels to pay more), then who can not accept.

If cool and 360 of the integration process, the cool can according to 360 of the investment demand to the latter fully provide the patent, supply chain, and so on, the probability of the outbreak of war may also be known. Even after the fun of the cool, the two sides in the non-impact situation, will not cause the current collapse of the situation.

3. Did the cool faction abide by the spirit of contract?

Zhangguanghiang in "True Only Love" in the article said that love should be true, especially the music in the cool after the stake, Jia Yueting Pavilion and the cool group of senior executives to discuss the friendly scene of the strategy. In Zhang's microblog, Zhou Hongyi is an entire negotiation process only the island of Dongguan four or five times people, but Jia Yueting Pavilion is "upright humility."

First of all, do not say the Jia Yueting Pavilion "upright humility" or whether it is directly related to the investment, but in this war, the cool in the 360 approached without telling 360 of the actual situation (that is, the cool has been with the music in the negotiations to negotiate a stake), but the 360 has been insisting on the point of biting.

And Weibo, NetEase news and other media on the Netizen, also almost one-sided that cool faction did not abide by the spirit of the contract.

At present, 360 of the published information, the content of the same cool faction did not do their duty in cooperation.

4, le visual corroboration cool: Zhou 祎 casually said to represent 360 investment intention?

On the afternoon of September 10, a sudden change in the state of affairs, Le Vision Official micro-issued for the cool and 360 controversy announcement.

In the announcement, Zhou Hongyi supported the table at the time to agree to a stake in the cool faction, Le said that "le Vision and cool capital cooperation is based on the two sides for 2 years of negotiation, equity transactions legal compliance, not infringe any relevant partner interests." The whole process of the cooperation between Le Vision and the cool faction is the tripartite mutual ventilation, consultation and consensus agreement, before signing the agreement with the parties expressly agreed. "However, the fame of Le and the cool is the same, and none of the written material has been issued.

Then the question comes again: no written agreement to the oral expression, can prove that the Zhou Hongyi of the casual said to represent 360 of the investment intention?

In response to this question, I specifically consulted a legal expert friend, the friend's answer is "the key to see how the two sides agreed, about the cool share transfer, to how to notify investors 360", if from this point of view, then Zhou Hongyi "Welcome" Will not be accepted as a 360 of the intention to invest in the cool pie.

The legal expert further points out that "if it is expressly stated in the prior agreement that 360 consent is required in writing and no 360 consent is obtained in writing, the suspicion constitutes a breach of contract." And then trigger the corresponding terms to take effect. , "In general, will require written, so more formal, and also not prone to disputes", "Head of commitment or consent, no evidence, it is not good to prove the existence of the relevant facts"

If Zhou Hongyi and 360 now define "360 have agreed to take a stake in the cool" because of the casual remarks at the table, then the outcome of the incident must have come to an end soon.

5, Zhou 祎 do not have a little fault?

On Weibo, Jiang Chao used a very fierce words to express his emotions, but this method has not been recognized by netizens, in the comments in its microblog content, all netizens almost one-sided to 360 and think Cool "a woman married Tsugio" the way there is no good faith principle. However, even if the public opinion is so, it means that 360 of the party has no fault?

There must be.

I think the main fault of the 3,601 party is the miscalculation of the entire cooperation situation, that the cool side and their departure beginner's mind is also to create the ultimate product, but it is also proved that cool products to build the beginner's mind right, but the need for capital operation is equally strong. But in this judgment, 360 obviously did not take into account the latter, so that the "cool send the track" such cases happen to themselves.

If the 360 and the cool are negotiating the joint venture, the two sides will be able to express the provisions of this "derailment" situation, then presumably today's war will not really happen.

6. Rethinking: How far is China's smartphone from Apple?

Early this morning, Apple unveiled new products such as the iphone 6s and iphone 6 Plus, as well as the ipad Pro, from the current media and social platform feedback that most users are recognizing Apple's performance in terms of product experience and innovation. Many netizens, including the author, have said that "Zaguomaitie will buy one."

But look at the domestic smart phone market.

We distance from the apple, in fact, not bad technology and market, we are bad is only a sincere cooperation, common progress, abide by the integrity, abide by the rules of equal mutual assistance of the heart. (text/Zhu Yi;: Izhuyi; No.: Zhuyiweixin)

　　This article is for the personal research thinking of the text, does not represent any vendor position.

I see the "Love" fight between 360 and the cool pie.