Tokyo Barrister: Start the law firm bankruptcy

Chapter 329 Sophistry
Hearing this sudden rhetorical question, Utsunomiya's expression froze, and he immediately said: "Of course not! My cross-examination opinions have already clarified that there are only a few ways to divide the sections, and they will never constitute the so-called sameness."

The corners of Bei Yuan's mouth curled up slightly, ""Just now the defendant's attorney said that dividing paragraphs does not constitute so-called plagiarism.Regardless of whether this view is reasonable or not, it is pure sophistry in terms of its argument logic.Professor Utsunomiya's view completely ignores the so-called "similarity", which is supported by several similar details. "

Beiyuan turned around and walked a few steps into the court, waving his hands and making gestures, "For example, when we say that two patterns look similar, it is often because of the color, composition, perspective, light, shadow, etc. The series factors add up. So, we have the feeling that the two patterns look similar."

"We can fully demonstrate the logic of Professor Utsunomiya, and we can understand its absurdity. For example, in terms of the use of colors, we can say that the use of colors does not belong to copyright law at all according to Professor Utsunomiya's opinion. The scope of protection. Why? Because just the arrangement and use of colors is not a so-called creative activity. Is it possible that if I paint a rose in red, does it constitute plagiarism if someone else uses red?

"For another example, from the point of view of perspective. Do I choose to create paintings from this perspective, which means that I forbid others to paint from the same perspective? Similarly, from the perspective of composition, do I place an object Being in the center means prohibiting others from placing this object in the center?"

"According to the logic of the defendant's attorney just now, it means that all copyright infringement activities will no longer be established. Because, if you look at any factor alone, you will find that this does not constitute infringement. We can even claim that the so-called His paintings are just rearranging and combining various lines, so how can there be any infringement of such rearranged lines?"

"This is the sophistry of the defendant's attorney. In fact, the so-called similarity must be the overall similarity, that is, the overall perception formed by the combination of several factors."

"The defendant's attorney intentionally separated the division of paragraphs from the entire ancient book counting activity, which is completely incorrect."

"The question is not whether the division of paragraphs in itself constitutes so-called plagiarism. The question is whether we can conclude that there is an overall similarity between the plaintiff's and the defendant's proofreading when we consider the division of paragraphs as one of many factors." perception. That’s what we’re really trying to solve.”

Looking at Utsunomiya in front of him, Kitahara took another step forward, "Thus, the important thing is not to divide the paragraphs themselves, what is important is to divide the paragraphs the same, whether it can enhance the similarity of the two proofreading works!"

A clean disassembly.

Completely smashed Utsunomiya's rebuttal just now.

So much so that even a judge on the stage nodded slightly.

Utsunomiya couldn't believe what was happening before his eyes.He wanted to open his mouth to refute again, but, like a cannon that had already misfired, it could no longer explode.

In particular, Utsunomiya noticed the slight expression of a judge on the stage nodding, and felt more like being punched hard in his heart.

Obviously it was Bei Yuan in front of him who was making the real sophistry.

Dividing paragraphs... How could dividing paragraphs be plagiarism? If so, it would be better to simply burn the copyright law.

However, Utsunomiya had no way to refute it.He found that as long as he followed the logic of the young male lawyer, it would inevitably lead to the conclusion he just said.And myself...I actually couldn't find a logical loophole to break through it.

Yes, such an absurd point of view.

He couldn't refute it himself.

why?
Why exactly?
Utsunomiya even had a feeling of insanity, so much so that he doubted the authenticity of the scene just now.An absurd point of view is placed in court, and it can still win the approval of the judge.It's like a glass bottle without oxygen, but the matches inside still continue to burn.

It is obviously impossible.

But it happened right in front of my eyes.

Why is there no oxygen, but the match can burn?

Utsunomiya's confusion at this time is probably the case.He seemed to feel a cloud of fog wrapped around him, making it impossible to see the scene in front of him clearly.

Utsunomiya has more than 20 years of practical experience in the field of intellectual property.At the current level, basically as long as a case comes to his hands, he can judge the probability of winning or losing the case in court with a good degree of accuracy.

But right now, this is the first time he feels uncertain about the direction of this case.

He even vaguely felt a trace of uncertainty.

It has been a long time since I have not experienced this feeling in the agency case.

At this time, the faces of the university management members in the auditorium turned pale.Of course, the reason why they panic was not because they thought that Fujimura had really copied Shimogawa, but because they saw that even such a blackmail lawsuit seemed very convincing on the surface.

If the reputation of the dignified university can be damaged because of this kind of unwarranted intrusion lawsuit.That would be too bad, and it would encourage more people to challenge the university's authority.

The logic of the management is simple.

That is the dean of the Humanities Graduate School, there is no need to plagiarize the works of an associate professor.There must be some degree of misunderstanding, or coincidence.The entire lawsuit must have been a retaliation against the university for Shimogawa's failure to secure tenure.

The way of thinking of university figures soaked in management positions has long been used to viewing everything from the perspective of power struggle.The right and wrong of the matter itself is not important, what matters is whether it makes sense from the perspective of power struggle.

Whoever harms one's own power is wrong; whatever can maintain one's own power is right.

This is the concept of right and wrong based on power.

This is the thinking mode forged by the ups and downs of decades of university career.

As for moral right and wrong, does it matter?
unimportant.

Because morality is just a fig leaf for those with power.

Morality is what the powerful demand from the powerless.

There was another long silence in court.Judge Takanashi on the referee's seat also left enough time for the former mentor to think.But after a few minutes, there was still no response from the dock.Yes, this oriental jurisprudence authority was forced to be at a loss in court for the first time.

"Does the defendant's attorney have any comments?" Judge Takanashi finally asked.

Utsunomiya gritted his teeth.Even though he is reluctant, but at this moment, there is no other way.Utsunomiya opened the mouth and said: "The defendant's attorney insists on the cross-examination opinion just now. Regarding the refutation of the purpose of proof, there is still a legal opinion to be issued, and we will leave it to the debate stage."

A response without substance.

This is tantamount to raising the white flag.

This is the first time Utsunomiya has backed down.

Judge Takanashi looked at the plaintiff's seat and said, "Now, please continue to present evidence..."

(End of this chapter)