年度归档 2024年4月23日

　　"Huawei terminals have reached the most difficult moment."

　　Two weeks ago, Yu Chengdong, CEO of Huawei’s consumer business, revealed to the outside world the dilemma that Huawei is about to face — — Five days later, the US "sanctions" came into effect. Huawei’s "broken plane" was officially "cut off".

　　As of today (September 26), Huawei has been "cut off" for more than ten days. What is the current situation of Huawei, and how will they break through in the face of the expanding blockade? Is it Huawei’s darkest hour, or is it the darkness before dawn?

　　Huawei employees: It is assumed every day that the supply will be cut off tomorrow.

　　"September 15th is an ordinary Tuesday for us."

　　Jingzi (pseudonym as requested by the interviewer) has been working in Huawei for 2 years. When she first joined the company, it was when Huawei was put at the forefront by the United States. In 2018, the United States opened the so-called "sanctions" against Huawei. In May last year, the United States listed Huawei in the "entity list"; In May this year, the control was further upgraded. After a 120-day buffer period, the "ban" came into effect on September 15.

　　"As early as two years ago, the company has established an idea from top to bottom — — Sanctions ‘ Tomorrow ’ Will start. " Although more than 800 days have passed since tomorrow, it seems that all this has become "accustomed" to Huawei employees.

　　Jing Zi told the reporter of Dongfang.com that when the United States officially waved a big stick at Huawei, his department had asked employees to "give up their illusions" — — Even if there is an "exemption period", it seems that Huawei has adjusted its working status to the rhythm of "no supply".

　　"Although the business is likely to face difficulties, the company’s salary and benefits for employees are increasing instead of decreasing. The rumors about layoffs in domestic business are basically rumors. " Shizuko told reporters that after working in Huawei for two years, his salary level has been about twice that of other companies. "Of course, at the same time, the work intensity is also the top level in the industry." Shizuko quipped.

　　Supplier: After the supply was cut off, some people were speculating on Huawei mobile phones.

　　6388 yuan, this is the price of a second-hand Huawei Mate 30 pro 5G mobile phone on an e-commerce platform after Huawei was "cut off". However, when Dongfang. com and Zongxiang News visited Huawei offline recently, they found that the price of this Huawei flagship machine, which was released a year ago and equipped with Kirin 990 chip, was as low as 5,399 yuan, and most of it was well supplied.

　　Why is a second-hand mobile phone sold a year ago more expensive than a brand-new mobile phone? Liqun Huang, a Huawei distributor, seems to be "not surprised" by this. "Since the US sanctions, there have been many people speculating on Huawei mobile phones."

　　"Due to the second round of sanctions, the chip can’t be produced, which is very difficult. At present, it is out of stock. This may be the last generation of Kirin’s high-end chips. " In August this year, before the ban came into effect, Yu Chengdong tragically announced to the outside world that Kirin was "out of print".

　　On September 15th, after Huawei was officially "cut off", Kirin Chip also began to go out of print. A seller of a second-hand platform once said that the "collection significance" of Huawei Mate30 pro is far greater than the use significance when selling Huawei mobile phones to Dongfang.com and Zongxiang journalists. There are even sellers who say that buying Huawei mobile phones now is "patriotism".

　　In this regard, Liqun Huang said that the interruption of supply does not mean the suspension of production, and the out-of-print Kirin chip does not mean the out-of-print Huawei mobile phone. "It is not reliable to buy second-hand mobile phones for collection." According to several responsible persons of Huawei authorized experience stores, the old Huawei mobile phones, including Huawei Mate30 pro, are in sufficient supply, and there will be no "one machine is hard to find" in a short time.

　　At the same time, Liqun Huang told the reporter of Dongfang. com that after the "supply cut-off", Huawei’s mobile phones really became more scarce than before, but this did not affect the current sales of Huawei’s mobile phones. Liqun Huang also said, "We can’t be sure about Huawei’s future, but we can conclude that Huawei will ‘ Cool ’ It seems too early to say. "

　　Forced by the United States to "cut off the supply"? Huawei suppliers are pleading.

　　On August 17, the US Department of Commerce further tightened the restrictions on Huawei’s access to American technology, and listed 38 subsidiaries of Huawei in 21 countries around the world in the "entity list". This is seen as a comprehensive "encirclement and suppression" of Huawei — — It means that from the whole production to the purchase of parts, even the road of "saving the country by curve" has been blocked by the United States.

　　On the eve of the supply cut-off, Huawei chip suppliers who have been on the sidelines have also made statements. TSMC said that the company has no plans to continue supplying Huawei after September 14th. Subsequently, Micron Technology, Samsung and SK Hynix all indicated that they would not be able to ship to Huawei after September 14th.

　　Earlier, Guo Ping, Huawei’s rotating chairman, once shouted to global chip companies that "helping Huawei is helping yourself". Many companies seem to know their way well. Before and after the supply cut-off, some Huawei suppliers still hoped that the U.S. government would be lenient, and at the same time, they were striving to continue to supply Huawei.

　　In terms of OEM, TSMC said that while the company cancelled the supply to Huawei, it was actively applying for and submitting the supply license to the US government. According to the news, TSMC’s previous application was not allowed by the United States. However, TSMC still pointed out that it will continue to try to supply Huawei. The data shows that Huawei is TSMC’s second largest customer, and its revenue contribution is as high as 15%.

　　As for the chip manufacturer, the designer MediaTek has confirmed that at the end of August this year, the company has applied to the US for continued supply of Huawei in accordance with regulations, and the memory chip manufacturer Micron also applied at the same time. In addition, including chip manufacturers Qualcomm, Samsung and SK Hynix, which had previously made it clear that they would not be able to supply Huawei, all made it clear that they had applied for export licenses and sought to continue to supply Huawei.

　　It is worth mentioning that during the supply suspension period, many Huawei suppliers have obtained supply licenses.

　　On Monday (21st), Intel officially said that it had obtained permission to continue supplying Huawei, and Intel is the main supplier of Huawei notebooks. On the 19th, AMD, an American chip company, also said that it had obtained permission to sell its products to some companies in the US "entity list". It is widely believed that "some companies" are Huawei.

　　In fact, many American companies also understand the truth that "you hurt the enemy by one thousand, and you will lose yourself by eight hundred". In June this year, Semiconductor Association of America shouted to the US government that the Trump administration’s ban would not only affect Huawei, but also bring huge restrictions to American companies and even global chip companies. Many chip manufacturers, including Qualcomm, have repeatedly called on the US government to lift the so-called "sanctions".

　　Reflection after ten days of supply suspension: China Core, where to go?

　　"Huawei has been developing in the field of chip design for more than ten years. From being seriously backward, to being a little backward, to catching up, to leading, the R&D investment is huge and the process is very difficult. However, in the field of heavy assets such as chip manufacturing, Huawei did not participate. After September 15, the flagship chip could not be produced, which was a great loss for us. "

　　Of course, as emphasized by Huawei, China enterprises, especially China chip enterprises, can’t pin their hopes on the United States to relax sanctions. "Self-improvement" may be the most effective and only way to achieve real results.

　　In recent years, China has been the largest chip importer in the world. The data shows that in 2018 and 2019, the total value of imported integrated circuits in China exceeded 300 billion US dollars.

　　However, while importing, China’s chip self-sufficiency is not enough. The data shows that in 2019, China’s chip self-sufficiency rate is only about 30%. According to the development plan of relevant departments, in 2025, China is expected to raise its chip self-sufficiency rate to 70%, which is almost the average level of chip power countries such as the United States.

　　In that case, where did China chip get stuck in the neck by the United States? As a huge and complex industry, the chip industry has a long industrial chain. It can be divided into four parts: design, manufacturing, packaging and testing. Except in the field of design, Huawei Hisilicon has a certain breakthrough ability, and in the other three links, especially in the manufacturing link, the ability of domestic manufacturers still has great room for improvement.

　　"No one can extinguish the starlight in the sky." At the Huawei Developers Conference in 2020 held before the supply was cut off, Huawei conveyed its determination and will to work hard to the outside world.

　　In the first half of the extreme pressure in the United States, Huawei still achieved the first global market share of smartphones, the first global market share of wearable devices and the second global market share of smart watches. Notebooks have achieved more than 100% growth, and products such as headphones have achieved more than 100% or even 200% high-speed growth.

　　As Ren Zhengfei, the founder of Huawei, said, "We may encounter unimaginable difficulties, but this is also the biggest opportunity period." Unprecedented difficulties may be the best opportunity to hone enterprises.

　　Huawei’s future is still unknown. However, for China enterprises, it seems to be an important proposition for a long time how to make Huawei and others no longer lonely on the stage of global industrial competition through unremitting efforts. In the face of the big stick sanctions from the United States and the future of the chip industry, I am afraid that it is far more than Huawei itself.

　　Live broadcast with goods has sprung up and become a major shopping channel for consumers. However, the anchor is crazy "fudge", the marketing "routines" are diverse, and even problems such as counterfeit goods rampant and difficult refund have become problems. "Double 12" is approaching, and the judges of Haidian Court combined with typical cases to broadcast live shopping to avoid pits and defend rights for consumers.

　　case

　　The gold necklace became a "golden thread"

　　"Three gold necklaces, ready, welfare 1000 single, 18-inch chain, original price 13 thousand, anywhere 13 thousand, limited to one single per person" "Today, not in 9999, not in 6999, not in 3999, get on the bus in 1999! Come to the bottom! " … …

　　In the live broadcast room of a jewelry store, the anchor’s "words" attracted many onlookers, including Ms. Wang. The anchor with the goods is showing a gold necklace and claiming that it is the "bargain-hunting" price for the whole year. On the spur of the moment, Ms. Wang felt that the price was over-valued. She immediately clicked the "spike" button and paid the full amount at 9 o’clock that night.

　　Soon, Ms. Wang received a gold necklace with the label of "all-gold phoenix tail chain". When she opened the package, she was blindsided — — This is not a gold necklace. The chain is as thin as silk thread. The inspection certificate of precious metal products is attached to the package, indicating: main gold (Au), pure gold, with a total mass of 2.48g.

　　Ms. Wang suddenly felt cheated. "I really didn’t ask about the weight of the necklace before I bought it, because the anchor always emphasized ‘ There are not many goods ’ I am afraid that I can’t buy it before I quickly place an order. " Ms. Wang said that she estimated the weight of the necklace before deciding to buy it according to the anchor’s statement of "original price of 13 thousand" and the average market price of gold ornaments.

　　Ms. Wang believes that the weight of the gold necklace received is only 2.48g g. Obviously, the jewelry store and the anchor falsely reported the original price, which constituted fraud to consumers.

　　Ms. Wang sued for a refund and triple compensation. The court decision supported her claim.

　　Judge’s statement

　　The anchor is responsible for "opening his mouth"

　　Different from shopping on e-commerce platform, a major feature of live broadcast with goods is the "marketing skill" of the anchor, which some people call "network shouting". The value, price and quality of goods are all introduced by the anchor’s mouth. In most cases, the goods described by the anchor are provided by merchants such as sellers.

　　In the above-mentioned case, the court found that the anchor of the jewelry store on the live broadcast platform is the employee of the store, so the legal consequences caused by the anchor’s statement during the live broadcast should be borne by the jewelry store.

　　The judge pointed out that the biggest controversy in this case lies in the original price of the gold necklace stated by the anchor. According to the definitions of "original price" and "fictitious original price" in the Notice of the National Development and Reform Commission on the Interpretation of the Provisions on Prohibiting Price Fraud, "original price" refers to the lowest transaction price with trading bills that the operator has made in this trading place within seven days before this promotion; If there is no transaction within the first seven days, the last transaction price before this promotion is the original price; "Fictitious original price" means that the original price marked by the operator in the promotion activities is false and fabricated, and it does not exist or has never had a transaction record.

　　During the trial, the jewelry store did not submit evidence to prove that the gold necklace involved in the case had the "original price" in its online store, so it had to bear the adverse consequences of failing to provide evidence, and the court therefore decided that the "original price of 13,000" was not true and constituted fraud.

　　At the same time, the judge pointed out that if the false delivery of goods or services related to consumers’ life and health causes damage to consumers, if the anchor is an independent individual, not an employee of the merchant, such as the merchant inviting stars to bring goods, celebrities to bring goods, etc., then the spokesperson should be responsible for the legal consequences caused by the contents of his display and oral statement during the live broadcast. If there is a problem with the goods, consumers can sue the merchants and anchors for rights protection, and the merchants and anchors bear joint and several liability.

　　case

　　The trial found that the phone was not good and the return was rejected.

　　Xiao Li is a college student. He wants to buy a mobile phone with good camera function and smooth mobile games with a low budget. After browsing several mobile phone e-commerce, he is always hesitant. One day, when he watched a live broadcast of an anchor, the anchor was promoting a certain brand of mobile phone. The price, performance and appearance all met Xiao Li’s expectations, so he placed an order to buy it.

　　After receiving the mobile phone, Xiao Li tried it for two days. It didn’t feel as good as the anchor said, so she wanted to return it and buy other brands of mobile phones. However, when negotiating with the merchant to return the goods, Xiao Li was rejected on the grounds that there was a prompt on the website that the goods that had been activated or depreciated in a large amount were not applicable for 7 days and there was no reason to return them.

　　Repeated returns failed, and Xiao Li filed a lawsuit.

　　Judge’s statement

　　7 days no reason to return regardless of platform.

　　According to the judge, the Consumer Protection Law provides for goods that are not returned without reason. In short, two conditions must be met at the same time before unreasonable return is not applicable: First, once activated or tried out, the value is derogatory; Second, online commodity sellers have set up significant confirmation procedures in the necessary process of commodity sales for consumers to confirm the single purchase behavior.

　　However, in reality, merchants often use the platform particularity and commodity particularity as an excuse to ask consumers to click on the purchase when selling goods, that is, "confirm that it is not applicable and return goods without reason". The judge said that this is contrary to the legal provisions and is generally regarded as the "overlord clause". Merchants use this as an excuse to reply and the court will not accept it.

　　The court held through trial that there was a legal relationship between Xiao Li and the live broadcast merchants. As a consumer, Xiao Li’s unreasonable return request within 7 days after shopping met the conditions stipulated by law. In addition, the merchant did not prove that the mobile phone depreciated greatly after activation. Therefore, the court supported Xiao Li’s claim for a refund.

　　case

　　Credulous "online celebrity" acne becomes disfigured

　　Exaggeration, false propaganda, traffic fraud, selling toxic and harmful food … … In recent years, the rollover of "online celebrity" has become the "hardest hit" for live broadcast.

　　The judge pointed out that many "online celebrity" rely on their own traffic, become the darling of businesses, and even "stand on their own feet", but the quality of the goods they sell frequently appears problems. Liu, a well-known online celebrity model, attracted countless fans in the live broadcast room with her beautiful style. Relying on the huge energy of "online celebrity effect", Liu bought a stirring kettle, a pulverizer and other equipment, and made and sold the acne-removing and whitening universal cream by himself using Baiyanjing and chloramphenicol as raw materials. After many fans bought and used it, their faces were damaged to varying degrees. The victim reported to the public security organ, involving nearly 300,000 yuan. The public security organ immediately arrested Liu. After the court concluded the criminal case, the victim filed a civil lawsuit with the court, demanding that Liu refund the purchase price and pay ten times the compensation.

　　In the end, Liu was sentenced to one year and eight months in prison, suspended for three years and fined 150,000 yuan. In civil litigation, the court also supported the consumer’s claim.

　　In another case, Zhao Dan (stage name: fat ya), an actor of a media company, publicized and sold a self-made "pure Chinese medicine slimming capsule" through a live broadcast platform without obtaining a license for drug production and sales, which made huge profits and caused many users to have adverse reactions. The court sentenced Zhao Dan to 3 years’ imprisonment and fined 500,000 yuan for the crime of producing and selling counterfeit drugs.

　　Judge’s statement

　　Be careful with fake goods, criminal and civil responsibilities

　　“‘ Online celebrity ’ It’s not easy to become famous, so we should cherish our feathers. After gaining huge traffic, we should attach importance to our personal image and focus on spreading positive energy. The so-called ‘ A gentleman loves money and takes it wisely ’ 。” The judge said that in recent years, the fake bird’s nest incident of well-known anchors, the "fake sweater incident" of Luo’s goods, and some well-known TV hosts have also been exposed for fraud … … These behaviors of the anchor not only harm the rights and interests of consumers, but also wander on the edge of illegal crimes.

　　If there are serious quality problems in the goods, according to the provisions of the Criminal Law, producers and sellers adulterate the products, pass the fake products off as genuine ones, pass the substandard products off as qualified products, and the sales amount reaches more than 50,000 yuan, which constitutes the crime of producing and selling fake and inferior products. Whoever produces or sells fake and inferior products may be sentenced to life imprisonment at the highest. In product liability, criminal punishment does not exempt civil compensation, and consumers can still ask sellers or producers to refund the payment and make compensation.

　　"The anchor should take honesty as the foundation and play the law ‘ Edge ball ’ No! " The judge stressed.

　　Pit avoidance guide

　　Remember three tricks for live shopping

　　In view of the current chaos of live broadcast, the judge gave three suggestions:

　　 When consumers choose live shopping with goods, they should try to choose those platforms and sellers with large scale and high credibility.

　　 Before buying, you can know the brand, origin, performance and price of the product through physical stores and e-commerce platforms, and don’t be fooled by the anchor’s mouth. We must consume rationally. "The lowest in the whole network", "the lowest in the whole year", "the best in quality" and "never lose money when you buy it" have become the cliché of the live broadcast industry. Consumers should not believe this absolute term. At the same time, consumers should not blindly consume out of their personal love and admiration for the anchor, let alone be confused by the commodity shortage atmosphere deliberately created by the anchor and the platform.

　　 When shopping, you should keep relevant evidence, such as advertising, promises, purchase records, payment vouchers and express delivery numbers, for future rights protection. If negotiation with the merchants fails, consumers should promptly complain to the Consumers Association and other departments or go to court to avoid missing the statute of limitations. At present, China has implemented the "Management Measures for Webcast Marketing (Trial)". Accordingly, when consumers are "chopped up" in the live broadcast room, the main bodies that can be held accountable are the anchor, the operator of the live broadcast room, and the live broadcast platform. If the product quality responsibility is involved, the producer can also claim rights.

　　The judge reminded that the live broadcast of goods is no longer just the commodity marketing of household appliances and daily necessities, but also the live broadcast of goods in financial services such as funds, wealth management and insurance, which is not differentiated on the live broadcast platform, resulting in confusion of the main body of financial live broadcast marketing, or hiding the risk of fraud. The judge suggested that the live broadcast platform should be supervised by classification to help different consumer groups identify products.

　　The platform should consolidate its responsibilities and implement the platform certification mechanism. For example, for the live broadcast rooms and anchors with good consumer evaluation and high authenticity of goods and services, the platform responsibility is materialized and visualized, so that consumers can intuitively choose guaranteed live broadcast rooms for shopping consumption. Make good use of big data to increase the efficiency of consumer risk warning. The platform can dynamically match consumers’ identity information with their consumption behaviors. For example, for minor consumers, once they find abnormal consumption behaviors such as large consumption and inappropriate consumption of alcohol and tobacco minors, they will send prompt information in time to contact their guardians, so as to reduce the situation that guardians can only cancel the large consumption of minors through litigation. Our reporter Gao Jian correspondent Qin Pengbo