Chapter 136: It’s not Over
“Zhang San makes a good point. This rampant piracy greatly affects us scholars. The imperial court should do something about it.”
“But without piracy, who would print the books?”
“Indeed! If booksellers don’t print them, won’t we have nothing to read?”
“Why not let the imperial court handle the printing?”
“Who would dare ask the imperial court to print their own poetry?”
“Then what can be done?”
Although Lu Gongzhu had given a clear verdict, many discussions erupted after court was adjourned.
While piracy was detestable, if they didn’t print, who would? But if left unregulated, what could be done about situations like Zhang Fei described? Everyone realized that while the lawsuit was over, the core issues remained unresolved.
Then again, this was just a lawsuit, not a debate forum.
Zhang Fei’s goal was to seek justice for Su Shi. Nothing more.
At the back hall of the Kaifeng Prefectural Office:
“Zhang San, I’ve done you no wrong! Why are you persecuting me like this? There are so many book pirates in Bianjing, but you only pick on an honest man like me!”
The owner of Gathering the Capable Bookstore, Hou Donglai, bared his teeth and lunged at Zhang Fei with a fierce expression.
The nearby guards were clearly reluctant to restrain him, their hands barely raised in a half-hearted attempt, making Zhang Fei very nervous.
“Hey hey hey!”
Finding himself alone, Zhang Fei backed away. “Brother guards, you must do your job properly even if you have a vendetta against me!”
Lu Gongzhu looked helplessly at the young man and coughed, “Stop him!”
Only when their superior spoke did the guards properly restrain Hou Donglai.
Lu Gongzhu turned to an awkward Su Shi: “Su Shi, Hou Donglai simply cannot pay the thousand strings. What do you suggest we do?”
“Wait!”
Zhang Fei quickly spoke up, “Mr. Su has transferred his litigation rights to me. Since he disdains fame and profit, if Your Honor has any questions, please direct them to me.”
Su Shi coughed: “Zhang San, be merciful where you can!”
Zhang Fei immediately replied: “Mr. Su, without severe punishment, how can we stop others from pirating your poetry? The prefect has already waived his criminal penalties – if we also waive compensation, what was the point of coming here?”
As he spoke, he gave Su Shi a meaningful look, reminding him that this was his fee and Su had no right to intervene.
Su Shi was clearly torn and conflicted.
Lu Gongzhu saw that Su Shi seemed unable to make the decision, so he asked Zhang Fei: “What do you propose?”
Zhang Fei said: “At minimum, Hou Donglai should use his shop to compensate Mr. Su for his losses.”
Upon hearing this, Hou Donglai immediately stopped causing trouble.
Take it, take it, take it!
Even if Zhang Fei didn’t want it, he had no intention of keeping the shop anyway – it was too frightening.
Lu Gongzhu was momentarily stunned, asking: “Is that all?”
Zhang Fei quietly asked: “Would Your Honor prefer I demand more?”
Lu Gongzhu coughed and turned to ask Hou Donglai: “Hou Donglai, do you agree to this?”
Hou Donglai nodded repeatedly: “I agree, I agree!”
Lu Gongzhu said: “Very well! Let it be so. This case is hereby concluded.”
On the spot, Lu Gongzhu issued the verdict ordering Hou Donglai to transfer the Gathering the Capable Bookstore to Su Shi as compensation.
But according to the agreement between Su Shi and Zhang Fei, the bookstore would belong to Zhang Fei.
“I’ll never file another lawsuit with you – this was too terrifying.”
Once outside, Su Shi complained to Zhang Fei.
Zhang Fei chuckled.
Su Shi was puzzled: “What’s so funny?”
Zhang Fei said: “A lawsuit isn’t like dining at a restaurant – if you don’t go to a restaurant, you can still eat at home. When you need me, you’ll come to me. When you don’t need me, there’s nothing I can do to make you come to me.”
After pondering briefly, Su Shi nodded with a smile: “You have a point.”
Zhang Fei glanced secretly at Su Shi and asked: “Do you remember your original demand?”
Su Shi paused, then said: “Of course I do.”
Zhang Fei said: “Do you think I achieved it?”
Su Shi smiled wryly: “You did more than achieve it – it’s now hard to find any collections of my poetry in Bianjing.”
They were all burned.
Zhang Fei said: “But I feel we haven’t reached the goal yet.”
Su Shi asked in surprise: “What do you mean?”
Zhang Fei said: “Everything is relative – without authorized editions, how can there be pirated ones?”
“Authorized editions?”
“Yes!”
Zhang Fei said: “I hope to cooperate with you – you can authorize my bookstore to be the exclusive printer of your poetry collections, and we’ll pay you copyright fees. This would be the authorized edition.”
Su Shi’s eyes widened, “I understand now – you’ve had your eye on that bookstore all along.”
Zhang Fei smiled: “If I remember correctly, it was you who came to me first.”
Su Shi snorted: “But you must have already been plotting to get that bookstore.”
Zhang Fei said: “Regardless, this addresses the core of your demand. While piracy is shameful, good poetry and prose should still be shared with others – it’s what people want. Shouldn’t writers have control over publishing their own works and receive fair compensation? Isn’t that what you wanted? Why not start with us?”
After thinking for a moment, Su Shi nodded: “I agree. But my works are limited – let me introduce someone to you who has countless great works!”
Zhang Fei asked: “Who?”
Su Shi tilted his head forward.
Zhang Fei looked up to see Wang Anshi standing at the courtyard gate.
They quickly walked over and bowed.
Wang Anshi teased Su Shi: “Su Shi, now you know how fearsome this young man is?”
Su Shi nodded with a wry smile and said: “I now just want to stay away from him. I’ll take my leave.”
He could see Wang Anshi was waiting for Zhang Fei.
After Su Shi left, Wang Anshi asked directly: “Is your lawsuit finished?”
Zhang Fei paused, then said: “Yes, the verdict has been issued.”
Wang Anshi asked again: “Really?”
Zhang Fei felt uneasy under his gaze and asked: “How is this case related to you, Academician Wang?”
Wang Anshi was equally direct: “You’ve stolen all the attention – if my New Policies come out now, I fear no one will pay them any mind.”
Zhang Fei quickly said: “That’s impossible.”
“So is it really over or not?”
“No!”
“I knew you weren’t finished.”
Wang Anshi snorted.
Zhang Fei smiled sheepishly and said: “By the way, Academician Wang, don’t you want to increase tax revenue for the state?”
Wang Anshi started, quickly asking: “What brilliant scheme do you have?”
Zhang Fei said: “Publication tax.”
“Publication tax?”
Wang Anshi was puzzled.
Zhang Fei nodded: “Did Academician Wang not agree with my point? We can’t encourage piracy.”
Wang Anshi nodded: “Piracy is wrong no matter what.”
“Then what should we do?”
Zhang Fei answered his own question: “Ultimately we need imperial protection. I’ve carefully studied our dynasty’s deed laws – its original intent was to protect rights that were agreed upon under seal. If the court protects scholars’ rights, it can naturally collect taxes.”
The current deed tax wasn’t a stamp duty – it only applied to house and land deeds.
Wang Anshi paused, “You mean have scholars pay the court to protect their works from piracy?”
Zhang Fei said: “But then wouldn’t scholars have to pay the court before writing anything?”
Wang Anshi asked puzzled: “Then what do you mean?”
Zhang Fei pretended to ponder, then said: “Let me put it this way – suppose I have a bookstore and want to print your works. I would negotiate with you, we’d reach an agreement where you authorize me and I pay you money.
But I’m just a merchant – I have no power to stop other bookstores from printing your works. That’s when we need the court to protect our contract.
Then naturally the court can collect appropriate fees, just like with property taxes.”
Wang Anshi suddenly understood, then frowned in thought for a while: “Why make it so complicated? The government could just print everything itself.”
Planning to have the government run everything again? You really are… Zhang Fei said: “That could work! But what if they don’t sell?”
Wang Anshi stroked his beard: “That’s true – books aren’t like houses, they might not sell!”
He then asked: “If the government can’t guarantee sales, how could bookstores?”
Zhang Fei said: “If bookstores can’t sell them, how does that affect the government? The government just collects taxes – guaranteed profit!”
Wang Anshi nodded repeatedly.
The government’s business ventures must always profit and never lose! Zhang Fei quietly asked: “Do you agree?”
Wang Anshi looked at him: “Such policies can’t be agreed to so easily – I need to think it through carefully.”
Zhang Fei said: “I was asking about my bookstore printing your works?”
Wang Anshi paused: “What works? Weren’t you just using an example?”
Zhang Fei coughed: “I just acquired a bookstore – if you are willing, we could discuss it.”
Wang Anshi gave Zhang Fei an odd look: “No thanks! I want no part in such pursuits of fame and profit – I don’t have time for that.”
Wang Anshi was truly strange – when seeking profit for the state, he was ruthless and tried everything possible, but when it came to personal profit, he maintained a scholarly attitude, considering even legitimate earnings shameful.
It was hard to say whether he was skilled at financial management or not.
Yes, why am I discussing this with you – I should talk to Lady Wang who’s good with money. Zhang Fei smiled and nodded: “If you are unwilling, then let’s forget it.”
After parting with Wang Anshi, Zhang Fei got into his carriage.
Xu Zhiqian, who had been waiting inside, immediately asked: “Why?”
Zhang Fei handed her the verdict.
Xu Zhiqian took it, smiled and said: “I already guessed you had your eye on that bookstore.”
Zhang Fei had previously told her about his printing plans, but she continued: “But that’s not what I’m asking – didn’t you want to use this case to establish law?”
Zhang Fei pointed at the verdict in her hands: “This is the law.”
Xu Zhiqian looked at him confused.
Zhang Fei asked: “You know about legal precedents, right?”
“Precedents?”
Xu Zhiqian was startled, then said: “Are you trying to use precedent to override statute?”
The meaning of precedent was cases that set examples for judgment.
Using precedent to override statute meant precedent took priority over written law.
Zhang Fei nodded.
“Why?” Xu Zhiqian asked.
Zhang Fei said: “If I can use precedent to override statute, I can participate in imperial lawmaking even as a pen-in-cap.”
This concept was beyond Xu Zhiqian’s understanding. She cautiously said: “Using precedent to override statute is no small matter – you should discuss it with my father.”
Zhang Fei said: “Of course I’ll discuss it with the Benefactor, but first I need to present the court with a problem – only then will he have the opportunity to make this suggestion.”
“What problem?” Xu Zhiqian asked.
Zhang Fei nodded and said: “Right now this is just an individual case, but once this verdict becomes the basis for the next piracy case, it will effectively have the force of law.
The second case will come soon.”
Xu Zhiqian asked: “How can you be so sure?”
Zhang Fei smiled: “Because I trust those scholars aren’t stupid.”
Before he finished speaking, the carriage suddenly stopped. A voice outside called: “Is pen-in-cap Zhang San inside?”
Zhang Fei lifted the curtain to see a scholar around thirty standing by the road. Before he could speak, Xu Zhiqian said: “Mr. Yan.”
The scholar nodded slightly in acknowledgment.
Zhang Fei paused: “You know him?”
Xu Zhiqian said softly: “He’s Chancellor Yan’s youngest son, Yan Jidao.”
Zhang Fei looked confused.
Not again!
He was just minding his own business and could run into a historical figure on the street?