Tokyo Barrister: Start the law firm bankruptcy

Chapter 325 The Undetectable Trap

A total of 513 typos are corrected the same.

Under the onslaught of the Kitahara lawyer, many audience members couldn't help thinking that Fujimura's proofreading work must be, or at least refer to, Shimokawa's manuscript.Some student union representatives who were engaged in activities against Vice President Takeuchi even showed contempt and looked towards the dock.

Utsunomiya never expected that Kitahara would find another tricky angle to attack.The young man in front of him was as annoying as a dog skin plaster that couldn't be shaken off!
However, what is unknown about this famous law professor is that he has also studied Chinese and has a considerable understanding of the training and reading of Chinese characters.

The current situation is still manageable.

Utsunomiya's eyes flickered coldly, he stood up quickly, and said, "Chief referee, the typo mentioned by the plaintiff just now cannot be used to prove the so-called substantive similarity. In fact, the so-called example cited by the plaintiff just now is like Lying horizontally, being alone, etc., are all typos and mistakes that can be completed without a lot of effort."

"For example, although the pronunciation of these two Chinese characters is different in Oriental languages, the pronunciation of the two Chinese characters is different. However, the pronunciation in Chinese is exactly the same. As long as people with Chinese knowledge see the You can understand the two words of ', and the 'if' in it is the 'lay' under the 'lay'. In the process of correction, no special esoteric knowledge is required."

"The error correction of 'Gu Ling' and 'Gu Another' is the same. In Chinese, 'Ling' is the second tone, while 'Another' is the fourth tone. Apart from the different tones, the pronunciation itself is also the same. "

"In addition, it is the shape of the characters. The words 'Yu Di' and 'Zidi' mentioned by the plaintiff just now are very similar in shape. It is very likely that the original copy was misrepresented as 'Yu Di' during the copying process. This correction is also unnecessary. specialized knowledge."

Utsunomiya took a step forward and said, "Judging from the above indications, many of the corrections in the Ji Tang Ji can be completed with only the level of ordinary Chinese, and do not require unique thinking power to play a role in it. Therefore, the plaintiff Although just now it proved that there are similarities in many typos and corrections, but it did not prove the level of knowledge required for these typos and corrections."

"For example. Can I become a co-author of this manuscript just because I corrected a few common typos in other people's manuscripts? This is obviously absurd. Accordingly, the content of the evidence submitted by the plaintiff cannot Excluding the multiple similarities claimed by it, the possibility of correction can be completed with only a general level of Chinese knowledge. Therefore, the plaintiff’s proof does not meet the high probability required by the civil procedure law, and cannot achieve its proof purpose!”

In an instant, this famous oriental professor once again demonstrated his extremely high legal accomplishment.

In just a blink of an eye, he combined the Chinese knowledge he had learned with the legal theory of copyright, and concocted a fierce counterattack.Beiyuan's seemingly impeccable proof was torn apart by the law professor.

Seeing this scene, the university management, whose expression was a little dignified just now, relaxed again, as if the heavy stone that had been pressed in their hearts just now had been removed a little bit.Yes, it's just a correction between the font and pronunciation, what's so great about it?

Miyagawa, who was sitting in the plaintiff's seat, frowned slightly with his crooked eyebrows.Miyagawa has no knowledge of Chinese, but after hearing Utsunomiya's rebuttal just now, she couldn't think of a good way to respond.The opponent's argument is convincing.

However, if I, as a person without knowledge of Chinese, would feel this way, let alone the judge in the referee's seat.

Utsunomiya sneered while looking at Kitahara in front of him.

He didn't believe that Kitahara could find an effective way to refute himself.

If this young man really followed the train of thought he proposed just now, to demonstrate that these points need to use specialized knowledge, and to refute himself, he would fall into a trap.

In intellectual property disputes, the most important strategy is to drag the other party into the quagmire of proof.

Once you start arguing about whether special knowledge is needed to correct typos, you are entering a quagmire.

The more arguments, the longer.

The more it shows that this issue is very controversial.

And the more controversial it is, the less the judge dares to judge the establishment of infringement.

Thinking of this, in Utsunomiya's heart, he couldn't help but look forward to Bei Yuan's refutation, so as to fall into the trap.Come to refute, come to refute!
Once you open your mouth to refute, you know what a legal trap is!
Utsunomiya's smile couldn't help becoming ferocious.

There was silence for tens of seconds in the courtroom.

Seeing that Bei Yuan seemed not to be affected by Cai Cai's counterattack at all, the corners of his mouth slightly curled up, and he said, "Professor Utsunomiya seems to have completely regarded the 'alias typos' as a correction of typos in ancient books."

There seemed to be a hint of sarcasm hidden in the plain words.

It seems that Utsunomiya's legal counterattack hides a huge loophole.

"Huh?" Hearing Beiyuan's words, Utsunomiya didn't react for a moment.The first sentence of the young male lawyer's mouth was not in line with the direction of his expected rebuttal.

Things don't seem to be going the way Utsunomiya envisioned.

The smile on Bei Yuan's face became even more violent.He seemed to have seen through the trap set by Utsunomiya.In today's court, he will clearly tell this law professor how the legal trap should be set up.

"The so-called correction of typos in ancient books is not the correction of typos. The pronunciation and shape of the characters mentioned by the defendant just now are completely proofreading of typos in ancient books, which is confused with the correction of typos in general articles. The so-called correction of typos in ancient books , it is to restore the original words on the ancient version, not to revise it."

"In other words, even if there is a typo in the ancient book, as long as the typo is from the ancient text, it should not be corrected."

"Chief referee!" Bei Yuan said loudly, "Judging from the statement made by the defendant's agent just now, it is obvious that he lacks understanding of the typographical errors in ancient books. Common proofreading methods for ancient books include other schools and our school. The so-called other schools refer to different schools. The comparison of the original texts is used to determine the real original characters of the other characters in the ancient books. But our school determines the true original characters of the other characters by comparing the context of the same original text.”

"No matter what kind of proofreading method, it is not a so-called repair of typos in the simple sense. It is to go back and forth between various originals and select typos. This is the real process of collation of typos in ancient books. Once we understand the process of collation After selecting the words, we are more able to understand the absurdity of the 513 similarities."

"That is to say, when the defendant Fujimura chose the text of different versions, he made exactly the same choice as the plaintiff Shimogawa 513 times. There are as many as 17 versions for the consideration of sending Tang Ji. In the case of using other methods It is absolutely impossible for such a large-scale repetition to occur in the word selection. The above signs clearly show that Fujimura's collation of other characters is plagiarized from Shimokawa's proofreading manuscript!"

Utsunomiya opened his mouth slightly, and cold sweat was already oozing from his back.

Suddenly, he understood.

I understand why Beiyuan used the words "solitary", "lying", and "paying" as examples to explain in court.

He did it on purpose.

He did it on purpose! !

The purpose is to create a wrong impression for oneself—the collation of ancient books is to correct typos in ancient books, not to restore the original text of ancient books.

After creating this wrong impression for myself, I had a counterattack from the font and pronunciation.

But this counterattack fell right into his ambush!

From the very beginning, the young man had set this trap when he presented evidence.

An undetectable trap.

(End of this chapter)