Tokyo Barrister: Start the law firm bankruptcy

Chapter 327 The Fourth Similarity

The proof stage of the court investigation has passed for more than an hour.

At this moment, even Utsunomiya felt faint fear in his heart.How many more attacks can this kid in front of him launch?In this Bei Yuan's hands, it was like holding a machine gun with unlimited bullets, continuously pouring ferocious ammunition outwards.

After all, how many bullets did he have in his hand? !

For Utsunomiya, who has many years of experience in court, this is the first time in his life that the investigation stage of the court hearing is so long and difficult.Every minute, every second, seems to be suffering some kind of mental torture.And this Beiyuan actually still had a smile on his face, and his calm tone seemed to want to prolong the process further.

Not only to torture the lawyer on the other side, but also to treat this page of evidence as a shining slap in the face of the university.

Holding the remote control in his hand, Beiyuan said slowly, "Next. The plaintiff presents the fifth set of evidence and continues to present evidence."

Utsunomiya concentrated his energy like never before, listening intently and waiting for the opponent's upcoming attack.In recent years, it can be said that in intellectual property litigation, it has been difficult to find an opponent.He never imagined that he would use all his strength to deal with his opponent in such a seemingly blackmail-like, play-by-play lawsuit.

Yes, a young man actually pushed himself into this predicament.

To some extent, this can even be called a shame.

It is a disgrace suffered by an authority of oriental jurisprudence.

I could only hear Bei Yuan's voice, revealing a bit of laziness, and said, "Next is the third comparison report presented by the plaintiff. Its purpose is to prove—"

Beiyuan deliberately paused.Just at this pause, more than half of the listeners in the auditorium unconsciously leaned forward slightly.And the three judges in the referee's seat all set their eyes on him.

"The defendant's Fujimura proofreading work has plagiarized section by section." Kitahara said with a smile.

Plagiarism by subsections by subsections? !Utsunomiya pricked up his ears, only to hear such an almost absurd proof purpose.Segmentation, is it the division of paragraphs?wait!Why even dividing paragraphs can be considered plagiarism.Could it be possible to divide an ancient book into natural paragraphs, just because the paragraphs happen to be the same, can it be counted as plagiarism? !

Utsunomiya was about to refute immediately, but once bitten by a snake, he was afraid of grass rope for ten years.The scene of mistakenly treating the collation of ancient books as a simple typo correction came to mind again, and Utsunomiya had no choice but to force the rebuttal back into his heart, so he could only see how Kitahara would make a move.

I saw that Beiyuan pressed the remote control in his hand with some ease, and said slowly: "Plagiarism in sections, that is, the so-called similarity in paragraphs. In ancient writing, due to the high price of paper or bamboo slips, the ancients often made full use of the writing space. , without segmenting. As a result, the original ancient books are often too densely written and difficult to read. Therefore, in the process of proofreading, it is necessary to re-segment.”

"Among them, if we compare the proofreading works of the plaintiff and the defendant from the perspective of sectioning, we will find the fourth substantial similarity between the two proofreading works."

Beiyuan walked to the whiteboard, raised his hand, and showed the content released by the projection: "Journey to the Tang Dynasty Volume 16 Chapter 16, Shimogawa Section 8, Fujimura Section 8. Tang Dynasty Records Volume 6 Chapter 6, Shimogawa is divided into 7 sections, and Fujimura is divided into 8 sections. In the fourth part of the first volume, Shimogawa is divided into 6 sections, and Fujimura is divided into [-] sections. In the fifth chapter, Shimogawa is divided into [-] sections, and Fujimura is divided into [-] sections. similar."

However, on the projected whiteboard, the contents of the two Tang Ji were constantly switching rapidly.Divided paragraphs are easier to identify than the previous comparison of other words and original text.The latter needs to be identified through the same specific words one after another.And the division of paragraphs can be seen to be the same only from the "shape" of the article.

Beiyuan kept pressing the remote control in his hand, and in just 7 minutes, he finished all 83 chapters of Tang Ji. He turned around gracefully and looked at the judging seat, "Chief referee. After the comparison just now It can be clearly seen that there are a total of 83 pieces of Tang Ji, of which there are 76 pieces of ancient texts. Fujimura's division of paragraphs is exactly the same as that of the plaintiff Shimokawa's proofreading. Therefore, it can be seen from this abnormal sign that the defendant Fujimura also agrees with the The plaintiff's paragraph division is plagiarized!"

Hearing these words, Utsunomiya was stunned.

This "segmented plagiarism" is literally "segmented plagiarism".

There are no traps or tricks.

However, this happened to be the case, and it was a mockery of Fangcai Utsunomiya's extremely serious demeanor.Utsunomiya already felt that he was really completely humiliated.

This point of view, which is obviously untenable in the copyright law, was raised in court in a grandiose manner at this moment.

But I had to seriously refute it.

It's really humiliating.

This is like a 100-meter sprint world champion who wants to join the national team, but it turns out that the 100-meter world champion is required to pass the most basic physical fitness test before he can be admitted to the team.

Ridiculous, simply incomparably ridiculous.

"Chief referee." Utsunomiya stood up and looked at his student Takanashi, "The divisional plagiarism proposed by the plaintiff's attorney just now is completely untenable in concept."

"Dividing paragraphs is just to re-start the text on a new line, just a simple rearrangement of the text. There is no creative factor in it at all, and it is not the protection object of copyright law at all."

"It's like the trademarks of two opponents are similar. What you should prove is that the patterns of the two trademarks are similar, rather than proving that the packaging designs around the trademarks constitute similarity. The similarity in packaging design does not belong to the similarity in trademark patterns. Here It's the same. Even if there is a similarity in the so-called subsections, it is only a similarity in the 'packaging design', which is not within the protection scope of the copyright law at all!"

Utsunomiya has decided to completely tear up this ridiculous argument.

Since the opponent used this level of argument to humiliate himself, there was no need for him to be polite.

"And, chief referee!" The famous law professor further attacked, "Take my country's Dongyang College Entrance Examination as an example. In the training and reading of Chinese characters, there is also a paragraph-divided test for Chinese characters. The relevant test questions clearly contain standard answers. From the topics set in the college entrance examination, it can be seen that there are only a few extremely limited ways to divide the paragraphs. It is either divided into three paragraphs or two paragraphs. There is no big difference at all.”

"Considering the circumstances, segmental similarity cannot be used as an argument for so-called substantial similarity at all. The plaintiff once again abused the so-called 'plagiarism' concept. This is not plagiarism at all. The plaintiff's attorney, from beginning to end, Playing with words in an attempt to fool the court!"

(End of this chapter)