Spend nearly 23,000 yuan to buy Sony notebook and propaganda does not match the rights of 5 years no fruit

Mr Gou showed the journalist that he believed there was a false publicity material. Photo/Legal Evening News reporter Mao Jianyu legal Evening News (reporter Mao Jianyu) 5 years ago, Mr. Gou spent 22676 yuan to buy a Sony notebook, found in the use of notebook related functions, materials and propaganda does not match, hence the Sony (China) Co., Ltd. sued Chaoyang Court. December 19, 2011, Chaoyang Court to support the first trial Mr Gou "back one loss one" lawsuit request. Sony appealed, the case was sent back to Beijing second Chinese court retrial. December 23, 2013, Chaoyang court after the retrial again supported Mr Gou's request for action. The Legal Evening News reporter learned today that Sony has appealed to the three Chinese courts in Beijing and has not yet heard the case. Event restore business claims that a number of computer technology leader Mr Gou's agent, Beijing Hechuan law firm lawyer Tang Xu told reporters, in early January 2008, Mr. Gou to Zhongguancun selected notebook computer, Sony stores in the Vaio TZ series attracted. Tang Xu said the computer salesman said it was new in the summer of 2007, using the Intel Centrino 4 Duo processor, both in terms of performance and appearance, which were the most advanced and stylish at the time, with a full performance over all the laptops on the market. Tang Xu to reporters to show the Vaio TZ series of notebook computer promotional materials. The material was printed in July 2007 and was advertised by Sony (China) Limited. The promotional material has the following description: "Carbon fiber cover, palm and bottom, lightweight fashion safety protection fuselage; protruding keyboard, smooth painting of keyboard panel, taste of piano texture", built-in TPM safety chip and 3D shock chip to protect computer security ", adopt" next generation Intel Centrino platform "," Power strong, Lasting up to 11.5 hours "... January 10, 2008, Mr Gou bought a Sony vgn-tz18n model notebook for 20988 yuan and spent 1688 yuan on a dedicated laptop battery. Consumers feel the computer running slowly in the use of the process, Mr. Gou found the problem. Mr Gou found that not only is the large program running slowly, even QQ such a common program is not as good as many low-cost notebook computers. "20,000-dollar laptop, running at such a slow speed. "He asked the professionals to check to find out that the Intel company January 2006 Centrino 3 processor was used in the notebook computer." In May 2007, Intel Corporation has launched the 4th generation Centrino platform, the performance is much higher than the previous generation of products. Tang Xu said that Sony's promotional materials were printed in July 2007 and that the "adoption of a new generation of Intel Centrino platform" would be understood by consumers as "using Centrino 4". The battery lasts only 3.52 hours. Mr. Gou also found that laptops with batteries, use, standby for up to 3 hours, simply can not reach the propaganda of 11.5 hours. By asking Sony, Mr. Gou saw a line on the promotional material about battery time: according to JeitA test method of a battery. "Those few fine print, the naked eye is almost invisible." "Tang Xu said. "Later, after the national Computer Quality Supervision and Inspection Center Test proved that the computer can only continue to play image files for 3.52 hours." "Tang Xu said. Data encryption can still be deleted after the computer's built-in TPM security chip, Mr. Gou also found problems, according to publicity, it can achieve multiple data security work, you can encrypt folders, files. But Mr. Gou has encrypted a file, but still can find the name of the file in the folder. After the national Computer Quality Supervision and inspection center testing, the computer can actually encrypt the file, but do not need to enter a password, folders can still open, but also to delete files in the folder and other operations. In addition, Mr Gou also suspects that computers are not advertised as all made of carbon fiber. Reporter investigation Company has issued a statement said that the negotiation is not successful reporter learned that, in addition to Mr. Gou, there are many consumers sue Sony said Vaio TZ series notebook computer exists false propaganda. After the incident was burst, Sony has issued a statement that consumers because of laptop chip configuration, battery time, encryption protection and other issues to the Sony company has made representations, Sony also gave a patient and meticulous solution, and hope that through friendly negotiation, but the consumer through a legal agent only to negotiate, The efforts to directly address the problem were affected. Sony is very sorry to see that the failure to communicate with consumers has not been successful, in view of the case is being heard, only the computer technology to give a description. Sony believes the court will make a fair decision. This morning, the reporter contacted Sony (China) Co., Ltd., customer service staff in the interview with the intention of the reporter said, the need for customer service staff to convey the intention of the interview to the relevant departments, and then by the relevant personnel and journalists get in touch. But as of press time, Sony (China) staff has not been contacted by reporters. Defending human rights and seeking reconciliation Sony said the propaganda did not exaggerate the start of the second half of 2008, Mr Gou repeatedly consulted Sony to negotiate the matter, but Sony is not admitted that there are problems. Mr. Gou turned to Tang Xu lawyer for help. Tang Xu said that a vice-president in charge of customer service at Sony China headquarters, as well as a technical person who came from Shanghai, had consulted Mr. Gou. Sony officials insisted that the publicity was not exaggerated and disagreed with the withdrawal. At the beginning of 2009, Mr. Gou used Sony's product propaganda and the actual discrepancy, the existence dishonest management, the fraud consumer to sue to the Chaoyang court, requests the Sony company to refund 22676 yuan, and the compensation one times the payment. The court found that the Sony company held fraud Chaoyang court heard that the TPM encryption can not prove to encrypt the folder, and promotional materials did not explicitly explain the encryption system, can be identified as fraud. On the material, the Court of Sony recognized the computer "Palmrest" and "four sides of the base" is not carbon fiber material, so can be identified as fraud. December 19, 2011, Chaoyang Court of first instance decision to support the plaintiff lawsuit request. Sony Company appealed.May 2012, the second Chinese court ruled, sent back to Chaoyang courts retrial. Chaoyang Court after a retrial that the promotional materials for the use of battery time described as "about 11.5 hours," in the propaganda to conceal the battery life of 11.5 hours of the conditions, belong to fraud. On the material, Sony recognized the case of computer palmrest, the base four sides, antenna cover, memory cover, expansion of the docking station did not use carbon fiber material, although Sony argued that these accounted for a small proportion of the machine, but the promotional materials for the material description does not exist, so can be identified as fraud. December 23, 2013, Chaoyang Court retrial the first trial sentence, once again supporting Mr Gou "back one loss one" lawsuit request. The company filed an appeal again and is currently hearing January 29, 2014, and Sony again appealed. The company appealed that Mr Gou's promotional material could not prove to be a promotional material for the notebooks involved, so it was not possible to identify Sony with false propaganda. Regarding the notebook material propaganda, the Sony company said "is only a momentary work mistake", and "this mistake is not enough to let Mr Gou fall into the wrong understanding, affects his purchase decision". Sony believes that flawed descriptions have little impact on the price of laptops and do not affect the use of computers. Sony also believes that there is no fraud in the use of battery time, the company has strict, accurate and comprehensive description of the battery use time, consumers will not be misunderstood. Since the state has no standard for the use of notebook batteries, so the court to create a "normal use of computer time" concept, in the absence of relevant legal basis to determine the existence of Sony fraud, is the applicable legal error. The case is still pending. News link Sony stripped off its notebook business recently, according to media reports, Sony and Japan Industrial, Inc. Signed a memorandum of understanding to confirm the intention of Sony to sell the computer business currently under the Vaio brand to Japan Industrial Partners Inc. Sony is no longer planning, designing and developing computer products, the report said. Computer production and sales will also be completed in spring 2014 after the new global listing. Sony users will continue to enjoy after-sales service despite Sony's withdrawal from the computer market. The case extends Sony's lawsuit against the false propaganda case, the Judge Zhao Xia accepted the "Legal Evening News" reporter interview, said because such as notebook electronic products, involving a strong professional, to the case of the trial brought many difficulties, after the parties more detailed evidence, quality certification, the fact that the facts have changed, only to lead to, although the first instance, The retrial is a verdict of the consumer, but the fact of the fraud is different. Judge Xia said that the first trial identified the TPM security chip and materials exist false propaganda, and the retrial identified the battery and materials exist false propaganda, the fact that the change, mainly because in the retrial, for the professional security chip involved in a strong controversy, the parties to the first instance of the controversy focus more detailed evidence andQuality certificate. During the trial, Sony engineers in court demonstrated the security chip and the encryption function and principle, although ordinary consumers do not have the expertise to fully use the encryption function, but also in line with the content of promotional materials displayed, so in the retrial, and did not identify the existence of false security chip publicity. Judge Xia Frankly, in the higher scientific and technological content, there is a strong professional electronic products false publicity cases, there is a certain difficulty, the judge needs to understand the professional terminology of electronic products, technical indicators, technical principles and other content, which undoubtedly increased the difficulty of determining the facts. Wen/journalist Mao Jianyu