韓寒敗訴 拒絕退還40萬
[ 2007-01-25 10:49 ]
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進入2007年，引人注目的80后作家韓寒麻煩連連，這些在他的博客中都有所反映。
先是博客文章被當語文挑錯試題，繼之新書《毒3》出版未成反生糾紛。據了解，韓寒被北京漢圖文化傳播有限公司指責沒能如約交出稿件，稿件字數不符合要求，同時還有東拼西湊嫌疑。漢圖指出，《毒3》內容多來自韓寒博客文字，沒有商業價值。日前，北京漢圖出版公司向上海一中院申請強制執行“韓寒退錢40萬元”這一司法裁決，而韓寒則委托律師在執行期限的最后一天提交了不予執行的申請書，拒付違約金。
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Edgy Chinese
author Han Han is fighting a court order to repay an advance for a
rejected book, newspapers said Wednesday, in a case that questions whether
writings posted on a personal Web log can legitimately be regarded as
literature. [baidu.com] |
Publishing house Hantu
claimed that Han's text for "Poison 3" fell short of the agreed length and
mainly contained freely downloadable writings from his blog that had no
commercial value.
Shanghai's No. 1 Intermediate Court this month upheld an arbitration
committee's ruling that Han pay the publishing company a settlement of
US$51,850.
"These scraps don't constitute a text worth almost US$115,000," Hantu's
lawyer Huang Xiao was quoted as saying by the Shanghai newspaper Youth Daily,
referring to the total amount Han was due to receive for the book.
Han, whose lawyer filed an appeal Tuesday to overturn the Shanghai court's
decision, said his agreement with Hantu had specifically called for a
compilation of his blog writings filled out with additional commentaries and
drawings.
Han's blog comprises brief essays, diary entries, photos and
other snippets of information.
Such works deserved to be published because they had "never been put to
paper," Han was quoted as saying by the Youth Daily.
"However, the contract was extremely vague about the content and it's now
become a matter of them interpreting it however they like," Han said.
Hantu rejected the text when it was delivered last July and won a ruling from
a Beijing arbitration committee in December ordering Han to pay US$51,850 to
cover the advance, a penalty and
court costs.
When Han refused to pay, the publishers brought the case before the court in
Shanghai asking it to enforce the ruling. A statement on the court's Web site
said the ruling had been upheld and that Han was given a specific date by which
to pay or face confiscation of his
assets.
Hantu publishers had no listed phone number or Web site. Contact numbers for
Han and his lawyers have not been released, although postings on his
Chinese-language Web log said he believed he would win his appeal.
Han, 24, is among the stars of a loosely defined group of young authors
labeled the "post-80s" generation, known as much for his irreverent novels as
his outspoken personality. His volume of collected writings, "Five Years of Han
Han" has been translated into French, Korean and Japanese.
In recent years, Han has launched a second career as a semiprofessional race
car driver, causing many to question his commitment to the author's craft.
Last year, he engaged in a prolonged online spat with critic Bai Ye, who had
called Han and other post-80s writers hacks whose works had little to do with
real literature.
（Agencies）
Vocabulary:
Publishing
house：出版社
snippet：片斷、零碎（信息）
advance：預付款
confiscation
of his assets：沒收其個人財產
（英語點津陳蓓編輯） |
