Tokyo Barrister: Start the law firm bankruptcy

Chapter 311 Frontal Battlefield
This world is often so ironic, with many subtle and coupled connections.Fujimura wants to take advantage of the success of the project "Parade in the East and Send Tang Ji" to apply for an honorary special professor at Kyoto University.At this moment, it is precisely the project status of the host of this project, which can prove that Fujimura has the possibility of getting in touch with Shimokawa's works.

"Chief referee." Utsunomiya immediately stood up and retorted, "The plaintiff is deliberately distorting the standard of proof for the determination of contact."

To be honest, the lawyer named Kitahara in front of him has already surpassed Utsunomiya's imagination.He did not expect that this fresh graduate with zero practical experience would know that the "contact" in "contact + substantial similarity" does not necessarily require the fact of actual contact, but only the possibility of contact. Can.

To a layman in copyright law, knowing this is surprising enough.

However, just doing this is not enough!

Utsunomiya opened the mouth and said, "The standard of proof for the possibility of contact is essentially floating. According to the precedent No. 36 in the 568th year of Dahua, the Supreme Court, the standard of proof for the possibility of contact is related to the degree of similarity of the works, and it is not a fixed one. standard. The higher the degree of similarity between the two works, the lower the standard of proof of the possibility of contact. The lower the degree of similarity between the two works, the higher the standard of proof of the possibility of contact.”

"Therefore, the plaintiff only presented the second set of evidence to prove the possibility of contact, which failed to achieve its purpose of proof. It must be judged based on the degree of similarity between the two works."

Utsunomiya's words immediately turned the problem into a "cycle".

There is nothing wrong with what the famous law professor said.

For example, one person accuses another of plagiarizing his painting.If two paintings are nearly identical, even if there is no strong evidence that the latter had access to the former, too similar details can lead to an inference that the infringer had access to the copied painting.

However, if there is a huge difference between the two paintings, such as composition, light and shadow, light, etc., there are many differences.Then, the court will ask the former to provide more evidence to prove that the accused plagiarist did have access to his work.

In this way, proving the possibility of contact must rely on proving the similarity of the two works.

The key points of proof are all compressed to one point.

Looking at Utsunomiya's arrangement, Kitahara couldn't help but raise his mouth slightly.Utsunomiya is really confident, it seems that he wants to fight a battle of annihilation, and he will accomplish all his achievements in one battle.

This style of play is dangerous.

Because, if you lose in the proof of substantial similarity, it means that you have also proved the possibility of contact by the way.

However, on the other hand, this also shows that Utsunomiya does not want to entangle himself too much about the possibility of contact.Because, Fujimura did indeed invite Shimokawa to join the scientific research project of "Parade in the East and Send Tang Ji".If there is a lot of discussion on this point, it will have an adverse impact on the judge's testimony, making the judge really think that Fujimura has seen Shimokawa's proofreading works.

It is estimated that Utsunomiya had this idea, so he chose this defensive method.

Since the proof of "contact" has also been compressed to "substantial similarity".

Then, the next step is to prepare evidence to prove "similarity".

This is also the most important and controversial part of this lawsuit.

Sitting on the seat, Bei Yuan took advantage of the short gap to rest his mind slightly, kneading his brows, and prepared for the upcoming fierce battle.After all, the many fatigued interrogations in the detention center some time ago still affected him to some extent.

At this moment, Judge Takanashi was flipping through the evidence book in the referee's seat.According to the catalog of evidence, it is time for the plaintiff to prepare evidence to prove the similarity of the two proofreading works.Judging from the list of evidence, the plaintiff submitted a large number of materials.She then looked at the table beside her. There were more than a dozen volumes of thick comparison reports, analysis, and illustrations. These were more than [-] pages of supporting materials.

"Plaintiff's representative." Judge Takanashi said, "The collegial panel has noticed that you have provided a lot of supporting materials for substantially similar evidence in the submission of evidence. There are as many as [-] pages. To list such a huge amount of materials in detail one by one, please explain the key points that the collegial panel should focus on. You can make a little preparation and then present the evidence."

Miyagawa nodded, holding a pen in his hand, and immediately took notes on the document paper.She and Beiyuan had already determined the key points of the proof in advance, and immediately seized the extra preparation time to familiarize themselves with and polish the content of the proof.

Utsunomiya watched the scene with a sneer.It is useless to submit more materials.It is easy to say that there is a similarity between the two ancient books, but the problem is how to prove it?
Undoubtedly, most of the similarities are destined to be punctuation.

Therefore, the major contentious point of proof, etc., must lie in judging the scope of similarity and whether punctuation marks need to be included.

This is definitely a win-win situation, Utsunomiya thought.

The reason is very simple - the object protected by copyright law must contain original content.However, the punctuation mark itself only undertakes the function of sentence punctuation, lacks any so-called originality in it, and cannot become the protection object of copyright law.

The young man on the opposite side lost from the very beginning.

They have absolutely no chance of getting the support of the courts.

If it is true that even punctuation marks can be protected by copyright law, then simply burn all the textbooks and legal works on intellectual property law in the world in the past.

Could such a ridiculous thing happen?
If it did happen, the sun would rise in the west, and instead of falling to the ground, the apple would fly into the sky.

All the research experience of this famous professor on intellectual property law in the past told him that the plaintiff's claim is absolutely impossible to stand.

The spectators in the auditorium couldn't help becoming nervous when they heard the judge say that the next thing to prove was about the substantive similarity.Whether it was the student representatives who sympathized with Shimogawa or the management of the university, they all looked at the venue with great concentration.For ordinary people, the proof of plagiarism lies in whether there are "same" places.However, what is special about this case is precisely that those "same" places are punctuation marks.

In the end, how will the lawyers of both parties argue this issue next.

And how will the judge view this issue?
The atmosphere in the air became more and more tense and dignified.This is the unique oppressive atmosphere before a real war is about to break out. At this time, the mood is just like that of soldiers holding guns and standing in the trenches before the battle begins.They clearly know that in the next second, or in the next minute, there will be clusters of artillery fire blasting towards them...

(End of this chapter)