标签： 南京夜生活桑拿论坛

iQIYI lost the lawsuit of ＂Celebration Yuannian＂, but what didn’t lose was advanced on-demand

　　Author/Yali, Editor/Guo Ji’an

　　"I won. Thank you, Judge."

　　At 4:58 pm today, as soon as the "iQIYI" Celebration of More Than Years "case ended, the plaintiff Wu Shengwei eagerly posted this Zhihu update.?

　　It all started with the hyped-up "Qingyu Nian" advanced on-demand event last year. In December last year, "Qingyu Nian" launched an advanced payment model during the broadcast, allowing members to unlock the advanced on-demand privilege at a price of 3 yuan per episode, or pay 50 yuan to watch 6 episodes in advance.

　　The news broke and public opinion was in an uproar. Lawyer Wu Shengwei believed that the platform had violated his rights as a golden VIP member in disguise, so he sued the broadcasting platform iQIYI in court with a complaint.

　　This afternoon, the case was handed down at the Beijing Internet Court. The court ruled in court that iQIYI’s "iQIYI VIP Member Service Agreement" was partially invalid; the "paid ahead on-demand" clause updated after the defendant purchased the membership service was not effective for the defendant; iQIYI should continue to provide the defendant with the original membership rights.

　　Soon, people began to carry the results of the trial on social platforms such as Weibo. Luo Gus, a lawyer who had also sued Tencent Video for "Qingyu Nian", also summarized the verdict on Zhihu, which was also the four points that many people summarized when discussing the results of the trial:

　　However, is the "advanced on-demand" model really illegal? Entertainment Das Kapital, who watched the live broadcast of the entire trial, found that in fact the court did not find the advanced on-demand business model illegal. The plaintiff in this case was able to win the case mainly because the unilaterally changed new contract damaged the original rights and interests of members.

　　iQIYI also issued a statement at the first time, saying that "there is nothing wrong with the advanced on-demand model". The court held that iQIYI’s launch of the advanced on-demand model is justifiable, and the change of the contract is necessary and reasonable in the industry. It does not deny the entire business model.

　　The plaintiff in the "Qingyu Nian" case won, but "advanced on-demand" is not illegal

　　We shall focus on unraveling the first two points mentioned by Venlogus, which are currently the most controversial.

　　First, "advanced on-demand" is illegal and constitutes a breach of contract.

　　In fact, the judge had already emphasized in his sentencing, "Relying on Internet technology, people’s differentiated needs for work and life are gradually satisfied. The’membership-based ‘service model launched by video platforms based on consumer willingness has been accepted by the public. It is not inappropriate to explore new video broadcast methods on this basis."

　　To be precise, the judgment of "Qingyu Nian" in breach of contract was mainly because the platform did not clearly inform users before changing the membership contract, and the new "advanced on-demand" model essentially damaged the interests of users. Because the plaintiff Wu Shengwei purchased iQIYI members in June 2019, but iQIYI added the advanced on-demand clause without authorization on December 8, 2019. The violation is this act of changing the contract, not the advanced on-demand model.

　　In other words, if you purchased a member after iQIYI changed the contract on December 8, 2019, you can be considered to agree with the advanced on-demand model, and it is unlikely to win the case like this plaintiff. This legal precedent cannot benefit others and has certain particularities.

　　Second, the nesting doll clause that "stipulates that the standard clause is not the standard clause by the standard clause" is illegal and invalid.

　　The judgment concerns a common "standard clause trap" in contracts. In its December 2019 membership agreement, iQIYI mentioned that "both parties agree that the aforementioned exemption and limitation of liability clauses do not belong to the clauses stipulated in Article 40 of the Contract Law that’exempt its liability, increase the liability of the other party, and exclude the main rights of the other party ‘. That is, both you and iQIYI agree to the legality and validity of the aforementioned clauses, and you will not claim that the clauses in the agreement are illegal or invalid on the grounds that iQIYI has not fulfilled its obligation of reasonable presentation."

　　The court held that the iQIYI membership agreement was an agreement unilaterally issued by the platform without consultation with the other party, and was a standard clause stipulated by law. The above statement violates the mandatory provisions of Article 40 of the Contract Law on the validity of standard clauses. At the same time, the standard clause requires the user to promise to give up claiming that the standard clause is illegal or invalid on the grounds that "iQIYI company has not fulfilled the obligation of reasonable presentation". It is a situation where the standard clause is used to simulate that it has fulfilled its legal obligations, so it is invalid.

　　That is to say, the court held that iQIYI’s membership agreement contained multiple cases suspected of exempting itself from liability and increasing user liability, which essentially violated Article 40 of the Contract Law (the main content is: if one party provides a format clause to exempt its liability, increase the liability of the other party, and exclude the main rights of the other party, the clause is invalid), so it is not supported.

　　Similarly, the statement in the iQIYI membership agreement that "you will not claim that the terms of the agreement are illegal or invalid on the grounds that iQIYI has not fulfilled its reasonable obligation of presentation" is in the form of standard terms to relieve iQIYI of its legal obligations as the drafter of the standard terms, and it is also illegal.

　　After listening to the entire judgment, it is not difficult to find that the court can understand the motives and reasons for iQIYI’s implementation of the advanced on-demand model, and also acknowledges that its unilateral change of contract is necessary and reasonable in the industry. However, it still emphasizes that the implementation of the new model should be based on the principle of not harming the rights and interests of the original members.

　　Regarding the two points of contention between the two parties: first, whether the advance on-demand harmed the interests of the original members; second, whether iQIYI fulfilled its obligation to inform in advance before changing the terms, the court’s answer was negative.

　　Therefore, if Youku, iQiyi, and Tencent want to implement the advanced on-demand model or other’VVIP ‘models in the future, they must clearly mark the price. Before changing the contract, users should also be clearly reminded in a prominent position. The advanced on-demand model is not illegal, and it is illegal to unilaterally change the contract and damage the interests of users.

　　

　　iQIYI launches Star Diamond membership, from "advanced on-demand" to upgrade price increases

　　Obviously, after the "Qing Yu Nian" advanced on-demand turmoil, the platform also realized the risk of this model. Almost all the episodes that implement the advanced on-demand model on the market today have key information such as price and episode number written in the "drama chasing calendar" before going LIVE.

　　iQIYI also launched Star Diamond members not long ago. Star Diamond members not only have the rights of Gold VIP members, but also can watch advanced on-demand and Star Diamond Cinema content, covering kiwi Star Diamond members, FUN members, literary members, sports public members, and VR members. Multi-member rights.

　　Many rights and interests correspond to a high price: the price is 60 yuan per month, 40 yuan per consecutive month, and 398 yuan per consecutive year. Compared with the previous price of 19 yuan per consecutive month and 218 yuan per consecutive year for Gold VIP members, the price of Star Diamond VIP has almost doubled.?

　　The platform here is pushing Star Diamond members, and there are people on Weibo and various groups every now and then sending coupons to sell Youku, iQiyi, and Tencent 99 yuan membership cards. The previous members are really worthless.

　　It was to be expected that iQIYI’s focus would gradually shift to increasing Star Diamond membership. From the original dark test of advanced on-demand to the packaging of advanced on-demand content into Star Diamond members, the purpose of this upgrade was obviously to increase the average income of a single paying user.

　　However, after the launch of Star Diamond members, iQIYI will face a greater test in terms of content: is the existing content of the platform sufficient to support the price of Star Diamond members?

　　In terms of price alone, the existing Star Diamond members cost a full 180 yuan more a year than the previous Gold members. At present, users who pay extra can generally watch 8 to 10 episodes in advance for episodes that are ahead of the demand. We calculate according to 3 yuan per episode on demand, and it costs up to 30 yuan to order a single drama. A user must encounter at least 180/30 = 6 dramas that are willing to be ahead of the demand a year. Buying Star Diamond members will not lose money (excluding Star Diamond members, FUN members, literary members and other rights).

　　The question is, with the quality of the shows currently available on video websites, can a user encounter six shows that are willing to get ahead of the game in the next year?

　　The platform obviously knows that high-quality content is the core of supporting member upgrades. This can be seen from the recent iQIYI launch of Mist Theater, which focuses on 12-episode boutique skits.

　　In the long run, the advanced on-demand model is conducive to the future development of the film and television industry. If the platform can share the revenue from the advanced on-demand model or upgrade the membership price with the filmmakers, encourage the filmmakers to produce better quality content, and achieve a positive cycle, the industry may usher in a true C-end payment era in the future. According to Entertainment Capital, after launching the Star Diamond membership, iQIYI is already discussing the issue of revenue sharing with the production company.

　　The ideal situation is that the platform gradually cultivates the habit of users to watch "advanced on-demand" or buy more advanced members, and can share the revenue with the filmmakers, and the quality of the series content continues to improve; the worst situation is that users believe that the platform content is not worth the price, and some users will even return to watch pirated copies. The film and television industry continues to be trapped in the cycle of platform losses and filmmakers making no money.

　　The case of "iQIYI" Qingyu Nian "is a landmark event in the dynamic game between the platform and users.

　　The official understands the behavior of video websites to explore more business models in order to meet the differentiated needs of users, and believes that it is not inappropriate to advance the on-demand model. But at the same time, it also believes that the healthy development and operation of the business model is based on following commercial terms, respecting user feelings, and not violating relevant laws and regulations. This will be a prerequisite for the platform and users to continue to run in in the future.

　　Under the official affirmation, it is an inevitable trend for video website members to gradually move towards fine grading, and the advanced on-demand model or the "VVIP" model like Star Diamond members will become more and more common. But compared with before, the platform will pay more attention to user experience when implementing the new model. Whether it is the platform or the user, it has come to a moment when it has to change.

　　Platforms face the challenge of upgrading paid content, and users should also try to give platforms more understanding. The running-in situation between the two sides determines the future of the film and television industry.

Interview with Celina Jade： The entertainment circle is like an illusion. I need to settle down.

Special feature of 1905 film network Last year, a film made countless people remember the beautiful and tenacious Dr. Rachel and got to know the actor Celina Jade behind her.

Jason Wu asked Celina Jade to be the heroine, and she found the treasure herself.Because she is unpretentious, willing to endure hardships, and filming without an assistant, she is a clean stream among actresses.


In Mahua FunAge’s new film released on National Day, Celina Jade made his comedy debut. In the film, the elegant and charming "true aunt" is somewhat similar to Celina Jade herself.

Talking to Celina Jade will convince you that everyone has his own energy field, becauseYou will unconsciously be infected by this clean and smiling girl opposite you, and you will be injected with a positive growth energy invisibly.



The noise of the entertainment circle seems to be unable to lift a trace of waves in her heart. She said with emotion: "This circle is like an illusion to me. The actor is just one of my roles. I need something outside the circle to’ settle down’."


Comedy first experience

I didn’t expect it to be more dangerous than Wolf Warriors 2.


Aunt Li Cha is Celina Jade’s first big-screen work after Wolf Warriors 2. From action movies to Mahua FunAge, it is a huge leap for outsiders.


Celina Jade himself laughed and said that he was careless and naturally implied the gene of comedy. "My agent said that I was a girl who didn’t mind making a fool of herself, and my personality was careless, so they said that you should try it."

Sure enough, this bold attempt did not make Celina Jade regret it. Recalling the set in Mahua FunAge, she always has endless words, "The atmosphere of cooperation with Mahua FunAge is particularly good. After filming a scene, everyone will applaud.It feels right when you play, and you will feel that all the people in the crew are holding back their laughter, and they have been enduring it. That feeling is particularly good."

Celina Jade, the "real aunt", was most impressed by her opposite play with "fake aunt" Huang Cailun.She boasts that she is a girl who dares anything, while Huang Cailun is a boy who dares nothing.Fancy flirting with Huang Cailun on the set has also become her source of happiness.


"The most impressive’ drag racing’ scene was put in the trailer tidbits. The director told me that we must start quickly. As soon as I entered, I stepped on the sports car to the end, and then Lun kept screaming next to me because it was a broken bridge. In fact, the director had already called’ card’, but I just wanted to play with Lun.I said, did the director say card? Did he really say it? I couldn’t hear him, and he said, card, card! I said why I couldn’t hear him, so he said, card, card! It’s very funny. I’m sorry I didn’t put a go pro in front of the car to see his expression. He ended up sweating all over and his shirt was soaked. It’s so funny."

Although the studio is full of joy, Celina Jade still thinks, "Comedy is too difficult to act, much more difficult than action movies. It is particularly difficult to grasp the rhythm."Fortunately, the director has been pointing her out, and the role of a real aunt doesn’t have to be funny on purpose."He joked to laugh in the story.It won’t be funny if you make fun on purpose. Show her true character. "


Comedy is not only difficult to grasp the rhythm, but also the difficulty coefficient of a diving scene exceeds that of Wolf Warriors 2.

"Because I hadn’t learned to dive at that time, they originally wanted me to wear an oxygen bottle without glasses, and then the water entered my eyes and nose, which was particularly painful. I really couldn’t hold on. I just said that I was breathing on the water myself and then I held my breath and took pictures. Because I wanted to float in the middle of the water, they took two ropes and tied my feet under the water, which was very dangerous." Celina Jade is still a little concerned about it now. "That’s really more dangerous than filming Wolf Warriors. I didn’t expect that filming a comedy would be more dangerous than filming Wolf Warriors."


It seems natural for such a painful but happy "comedy first experience" to take "Li Cha" as a stepping stone, continue to strike while the iron is hot, and open up its own comedy market, but Celina Jade’s answer was greatly unexpected.


"Look again, because the last thing I want is for the audience to think that this is Jing Shan after seeing one of my roles.The more you think I am like this, the more I want to change this impression and show you another me. This is the fun of being an actor."

Celina Jade revealed that the work she is most looking forward to next is working with Jiang Wu and Zhang Hanyu, and the role of Shirley Yang makes her very excited. "I haven’t played for a long time. I want to do it."

Memories of Wolf Warriors 2

5.6 billion is just a number, I am still me.


Most mainland audiences got to know Celina Jade through last year’s phenomenal film Wolf Warriors 2. She plays a female doctor with tenderness and strength in the film, which is very similar to herself.


At first, the heroine of Wolf Warriors 2 was not Celina Jade, and the original No.1 girl broke up in discord because of the issue of film pay, so Jason Wu remembered the girl who had worked in China.

After nine months of filming in Africa, Jason Wu was very glad of his original choice. "She didn’t bring an assistant or put on airs, so she really found a treasure."


"Without an assistant" is a habit that Celina Jade has developed for many years, which is normal in her view. "As an actor, you should always keep in touch with others, otherwise how can you play a good role? And I can handle it myself and like to do it myself. "

Even though the popularity of Wolf Warriors 2 has greatly improved, Celina Jade still enjoys this freedom of going her own way. "The day before yesterday, I was flying alone, and a girl saw me and asked,’ Are you Celina Jade?’ I said,’ I’m Celina Jade’, and then she said, how can you be alone?I said how nice and free I am to be alone!"


The standard "female star" surrounded by security guards and assistants is too far away from her, which she can’t and doesn’t need to adapt to all the time. "I can’t trap myself in a house, because I’m worried that this won’t go out, that won’t go out, or what others think. I still have to live, and life is too short."

After a lapse of one year, recalling Wolf Warriors 2, which made her "popular overnight", what stayed in her memory was not the roller coaster-like fame experience or the unreality of the 5.6 billion box office, but the simplest nature and people on the African prairie.

“What I especially miss about "Wolf Warriors 2" is the feeling of filming in nature. Every day, I can see a big grassland. The villagers nearby are wrinkled with sun, but they smile brightly.


Every day, the sunrise and sunset are also very beautiful and spectacular, and then I can film with my good friends. Now I think of these wonderful memories. "

As for the astronomical figure of 5.6 billion and the title of "the first heroine in Chinese single box office", Celina Jade seems reluctant to mention more. "Don’t care about these data, I value the work more, I am still me."


Life is too short.

"The entertainment circle is like an illusion. I want to settle myself down."


Celina Jade was born in Hongkong, China. His mother is from China and his father is from America. He is both a kung fu actor and an associate professor at the Hong Kong Polytechnic University. Her cheerful and optimistic personality can not be separated from her parents’ good education since childhood.


In the previous interview, Celina Jade once laughed and said that it was a true portrayal of her growing experience with her sister. My father with a "Kung Fu dream" raised them as boys from an early age, practiced kung fu and played Taekwondo, which also created their independent and tenacious character.



Celina Jade once wrote in the Weibo: "I studied martial arts with my father since I was a child, and later I fell in love with yoga, boxing and surfing … … Sports have always been an indispensable part of my life.My figure may not be slender enough, but every muscle line is super energy given to me by exercise."

At this year’s Cannes Film Festival, a group of red carpet photos of Celina Jade were once denounced by many marketing numbers as "thick legs" and "poor proportion". At the subsequent Eastern European Women’s Forum, she generously responded positively: "My legs are thick, but if you rob me, you must be dead. Because I can play OK?


In our circle, we have to make ourselves look white every day, with long legs and good skin. Now those 13-and 14-year-old girls, like me before, are unhappy and feel that they are not perfect. In fact, we are responsible. "

When studying in Hong Kong in his early years, Celina Jade was pushed out by his classmates because of his mixed-race appearance, and even called "the ugly duckling". At that time, she was once very inferior to her appearance.It is the mother who teaches her that the value of girls is not in appearance, but in inner cultivation.


Because of this, she gave up her music career when she was a teenager, and chose to finish her university studies first and enter the London School of Economics and Political Science to study for a degree in management.

"Mom said, you have a degree, and everything is OK. I don’t have to worry too much about survival now. Even if I don’t become an actor, I can support myself.I have kept my dignity and can pursue what I love, without asking others, doing things against my will or crossing my bottom line."


In the interview, Celina Jade shared with Xiao Dianjun the episode she met at the airport the day before, which also reflected her values from the side. "I saw an advertisement at the airport yesterday that made me special … It’s not disgusting, it means’ if you have no money, you can’t find a girlfriend, so you can borrow money’, and then I thought, what is this value? Can’t there be love without money?"

Last year, the death of her mother brought a great shock to Celina Jade and made her realize for the first time.Life is but a span."The meaning of four words," mom left at the age of 60, and if I left at the age of 60, there was not much time left. I don’t want to leave any regrets when I leave. "


In the interview, Celina Jade has repeatedly expressed feelings that seem not to belong to her age — — “Life is too short!",so take the time to break through fear and enjoy life.


In her view, an actor is not the whole of her life, but just one of several roles in life.Besides acting, she loves singing, sports and adventure, and her life has too many dimensions and possibilities.



Celina Jade said that the entertainment circle is like a kind of ".hallucination”，“One person is on fire today, and another person is on fire tomorrow. It has been changing and there is no fixed number."She needs the outside world to make herself."surely"Come down.

For example, before the intensive publicity period of Li Cha, she did meditation and volunteer work for three weeks. "In the process of helping others, volunteers also told me not to take myself so seriously. Many people in the entertainment circle say’ I am a star’, as if suddenly I have become a’ core’.But in the whole universe, how can I be the’ core’? No one is the core.


We are all very small, so don’t take ourselves so seriously. I need these things to make me feel’ I am still here’ and’ I am back’."Celina Jade said.