百事，我的战斗机呢（2022）

I had to make a very strategic decision on which direction to go.
虽然我觉得和迈克尔一起这事也许能成
And though I thought this thing could be won with Michael…
但我还是选了陶德
I chose Todd.
（文森峰 南极洲 现在）
-你觉得怎么样？-一切都很好 约翰
How's everything feel? -Everything feels good, John.
如果你的背包太重什么的 告诉我
Let me know if your backpack's heavy or something.
好的 老弟 我的背包很重
Okay, bud. My backpack's heavy.
我告诉你了
I'm letting you know!
-说话像个大人物-对主队来说不是个好兆头
Talking like a big shot. -Not a good sign for the home team.
退下吧 小臭猫
Get back, honky cat.
托德从一开始就参与其中
Todd was in it from the get-go.
在我20岁的时候他给了我足够的关怀
At 20 years old, he gave me the time of day.
哦 他又成功了！
Oh, he does it again!
陶德真心实意、真金白银地为这个想法 为我进行投资
Todd really invested in this idea, and he invested in me.
我正在写的关于这件事的那本书
And, you know, the book that I'm writing this down in right now,
这本书 就叫《大卫与歌♥利亚》
this book, it's called David and Goliath.
在这个情况下 他必须再次成为大卫
See, in this case, he has to be David again.
他正在努力对抗巨人
He's trying to fight the giant.
而我就是巨人！
I'm the giant!
生活的伟大之处在于冒险
The great thing about life is adventures.
还有那些和你亲近的人一起经历的冒险
And adventures with people you're close with.
（1998年约翰看到那段广♥告♥的三年后）
现在 我们进入了这件事的下一阶段
Now we entered into the next phase of this,
希望能在纽约对簿公堂
where we were hoping to get in front of a jury in New York.
我们要面对的是国内的几家大公♥司♥
We were going up against some of the larger firms in the country.
不光是百事可乐还有他们的广♥告♥代理公♥司♥
And it wasn't just Pepsi's, it was their advertising agency's firm,
以及保险公♥司♥
and insurance companies' firms.
我们势单力薄
We were outgunned.
（要赢官司 我们需要什么1 一个牛逼的律师）
我是谈判者
I was the negotiator.
我是粘合剂
I was the putting the gel together,
但我从来没有当过诉讼律师那不是我的专业！
but I'd never have been the litigation lawyer.
我很清楚
That's not my field! I knew that.
我们需要找一个有足够财力 能够和对方
We needed to bring on somebody that had the wherewithal to go toe-to-toe
正面交锋的人
with the same type of people that were on the other side of this.
我们打了电♥话♥给纽约最厉害的五、六个律师
We called five or six of the biggest attorneys in New York City.
他们每个人都知道这起案子
And every one of them knew about the case.
我拿着…你知道我觉得自己像是在帮约翰拉皮条
I was taking… You know… I don't know. Like I was pimping John.
我比较喜欢这杯
I prefer this.
哇
Wow, how about that?
怎么样？
百事可乐 恭喜
Well, Pepsi, congratulations.
大卫纳克曼非常成功的疑难案件律师
David Nachman, very successful complex litigation attorney.
如果你没有准备好兑现你就不能玩弄一些手段
You can't play with something and get people to respond emotionally
然后得到大家情感上的回应
if you're not prepared to deliver.
最近 我与阿片类产品的制♥造♥商和分销商展开了较量
Recently, I took on the manufacturers and distributors of opioid products.
向百事可乐公♥司♥问责真的让我很紧张
Holding Pepsi to account really gripped me,
这也激励了我和我的团队去做这件事
and that motivated me and my team to pursue this.
（2 能够共情的法官）
在百事可乐起诉我后
After Pepsi had filed their lawsuit against me,
案件被分配给了金巴伍德
it was assigned to the docket of Kimba Wood.
我密切关注着法律方面的进展
I kept tabs on what was going on as far as the legal maneuvering,
但不是像个跟踪狂那样
but not in a stalkerish kind of way.
就像个…我没有像一个被人甩掉的男朋友或女朋友那样
Like a… I wasn't like a boyfriend or girlfriend who'd been broken up with.
我发现审判的是金巴伍德法官
I found out that it was gonna be before Judge Kimba Wood,
纽约南区的联邦地区法♥院♥法官
Federal District Court Judge in the southern district of New York.
伍德法官曾一度被推举为
Judge Wood had actually at one point been floated
最高法♥院♥的潜在候选人
for a potential Supreme Court position.
克♥林♥顿♥总统计划提名她为司法部长
President Clinton was planning to nominate her to be Attorney General
但当该记录被披露后他就取消了这一计划
only to scuttle that plan when it was revealed
她雇了一个非法移♥民♥来照顾她的儿子
she had hired an illegal alien to care for her son.
他们称之为“保姆门事件”
They called it Nannygate.
她最近获得了“爱情法官”的称号♥
She had recently earned the moniker The Love Judge.
在社交名媛南希理查德森提起的离婚诉讼中
She has been named as the other woman in a divorce proceeding
她成为疑似第三者
brought by socialite Nancy Richardson.
这种小丑闻很好
It was a nice little scandal
可以说
that probably makes you
它会让你变得缺乏幽默感
a bit humorless, let's say.
她给我的印象是个企业法官
She was represented to me as being a corporate judge.
你知道的 她比较偏爱公♥司♥企业
You know, that she favored corporations.
她肯定是站在
She definitely came out,
大企业那边的
I would say, on big business's side.
她是个非常聪明的女人她是个非常优秀的法官
She's a very smart woman, she's a very good judge,
但对这个案子来说她对他们来说是个可怕的人选
but for that case, she was a terrible pick for them.
我们当时的唯一目标就是得到陪审团审判
Our whole goal at this point was to get in front of a jury.
百事可乐的唯一目标是不让我们得到陪审团审判
Pepsi's whole goal was to not let us get in front of a jury.
（3 陪审团审判）
当面对最基本的问题
When it comes to the basic question
“对这个广♥告♥的合理反应是什么”时
of what's a reasonable reaction to the commercial,
我们认为这个答案应该由普通大众来决定
we thought it was a question for ordinary people to decide.
我觉得他应该得到那架飞机
He should get the jet.
如果他喝了那么多百事可乐那飞机也许应该归他
Well, if he drank that much Pepsi, then he probably should.
主妇、专业人士、学生、所有人…
Homemakers and professionals and students and everybody in between.
他也许是很傻但那些奖品是他们提出的
Maybe he is goofy, but they are making those claims.
而你会得到一个更好地反映社会意见的结果
And you would've had something that reflects society better
而不是由一个受过高等教育住在象牙塔里
than a highly educated, somewhat ivory tower figure
坐在高高的法官席上的人
sitting high up on a bench.
像百事可乐这样的大公♥司♥最害怕普通人
Big corporations like Pepsi are scared to death of common men and women
对他们的行为进行审判这把他们吓坏了
passing judgment on their conduct.
It scares the shit out of them.
百事可乐成功地说服了伍德法官
But Pepsi successfully convinced Judge Wood
做出即决裁判
to grant summary judgment.
一种在案件进入陪审团审判之前就做出判决的机制
A mechanism to decide a case before it even gets to a jury.
那简直是当头棒喝因为不管我的陪审团得出何种结论
It was a total bummer moment, because whatever a jury of my peers concluded
都会是公平的
would have been fair.
尽管如此
But nonetheless,
我也毫不怀疑
I had no doubt
如果法官能看到
that if a judge was able to see what we could find out through depositions,
我们通过证词
发现的东西
真♥相♥都会浮出水面
that the truth would come out.
（4 为百事可乐宣誓作证）
宣誓作证是一种程序 一个人宣誓后
Depositions are a process whereby someone is placed under oath
针对发生的事
and they have to answer questions about what transpired.
他们必须回答相关问题
我们希望得到BBDO人员的证词
We wanted to take depositions of the BBDO folks
是他们设计或者说完成了这次促销活动
who engineered, or developed, this promotional campaign.
能够获取证词的话
Being able to take a deposition
可能就会要求百事可乐和BBDO的高管们回答诸如：
could require Pepsi and BBDO executives to answer questions like,
“为什么加拿大的广♥告♥有‘开个玩笑’的申明
"Why is it that the Canadian spot had 'just kidding,'
但美国的就没有？”
but the American spot did not?"
“为什么原来所需的700万百事积分
"Why is it that the point total was ultimately raised
最终被提高了？”
from seven million Pepsi Points?"
“为什么你们之前不说清楚这是个玩笑？”
"Why is it that you didn't make it clear that it was a joke?"
“这难道不是真的吗？你们就是希望大家信以为真
"Isn't it true that you really wanted people to believe
尤其是让青少年们相信
and in particular, adolescent girls and boys to believe,
那架飞机是可以企及的？”之类的问题
that the jet was attainable?"
于是
So, for the past 25 years,
在过去的25年里
没有人真正透露过
no one has ever really revealed
为什么…
how the claim got put in at seven million Pepsi Points.
会把百事积分定在700万
我已经25年没谈过这件事了
I haven't spoken about this in 25 years.
我不
I don't think people involved in the lawsuits know this.
认为参与诉讼的人知道答案
我知道他们不知道
I know they don't.
艺术总监唐施耐德和我实际上受到了很多的抨击
The art director Don Schneider and myself have actually taken a lot of flak.
尤其是现在 在网上
Particularly now, on the internet.
你打开油管输入“鹞式战斗机 百事可乐”
You go on YouTube, you put in "Harrier Jet Pepsi,"
大家会说：“这些白♥痴♥ 他们…”这样 “创意团队不就是…”
people, "Ah, the idiots, they this…" And, "Didn't the creative team…"
“好吧 他们广♥告♥写得很有意思 但是
"Okay, they wrote a funny commercial,
他们让自己的顾客因此陷入了麻烦” 而我…
but they got their client in trouble doing this," and…
我只是想在20年后澄清一下
I just kind of want to set the record straight after 20 years,
告诉大家：“嘿 把这事搞砸的不是创意团队”
and say, "Hey, it wasn't the creative team that screwed this up."
我这么说吧
Let me say this.
这是我们本来要呈现给客户的第一版内容
This was the first board that we would present to the client.
如果播放的是这个
Had this run,
七亿百事积分