Tokyo Barrister: Start the law firm bankruptcy

Chapter 333 Rebuttal
Seeing the two Kyoto University alumni teaming up in front of them, Kitahara sneered.This Ikegami, from the disciplinary hearing of the Tokyo District Bar Association to the current lawsuit, is really indomitable and unwilling to give up.

Bei Yuan's eyes suddenly became fierce, as if the powerful alliance of opponents on the opposite side could arouse the inner ferocity of a wild beast even more.

He said, "The Internet search results cited by the defendant's attorney just now have no connection with the uniqueness of the refutation of the clerical error. The reason is very simple, that is, the defendant Fujimura has written clearly and plainly in the notes, That is, the original text of the ancient books he quoted came from the Xuelin Pavilion version of "Tongguan Research", not the online version on the Internet."

"Therefore, even if the online reading version of the Internet writes the word 'Zuo' as 'Zuo', it cannot justify Fujimura's clerical error."

"Or—" Beiyuan grinned slightly, "You are admitting that although Fujimura stated in the annotation that it was quoted from the Xuelin Pavilion edition, it was actually quoted from Internet materials."

"If that's the case." Beiyuan turned to look at the university people in the auditorium, "Then please deal with Fujimura's academic behavior of untruthful annotation!"

Facing the eyes of the plaintiff's lawyer directly, the university management sat in the front row, feeling like a flash of a knife, their hairs seemed to stand on end in an instant, and they couldn't help straightening up immediately.

Chi Shang was still sitting beside him, without any expression, still acting as if he stayed out of the matter.However, this time Bei Yuan pushed back directly, and his facial expression was already vaguely displeased.

Kitahara immediately gestured to Miyagawa.Miyagawa immediately opened the small suitcase next to the plaintiff's seat.But I saw that it contained one copy after another of "Tongguan Kaolue".Beiyuan kept taking out a copy of "Tongguan Research" from the luggage box, and threw it on the table:

"Here the plaintiff has collected all the editions of "Tongguan Kaolue" published by Xuelin Pavilion. After inspection, all editions have no clerical errors in Xiachuan Dian's proofreading. It can be clearly concluded that there are no clerical errors in Xiachuan Dian's proofreading. It is due to its unique clerical error!"

Utsunomiya looked at the suitcase full of "Tongguan Kaolie", and couldn't believe the scene in front of him.This Beiyuan... Could it be... Could it be that he has pre-judged what kind of refutation I will make, and has even prepared the materials for further refutation.

Could it be... Could it be that my every move is in his expectation? !

Beiyuan looked at Utsunomiya in front of him, and took another step forward, as if he wanted to return Utsunomiya's long-winded rebuttal to him intensified.

"Just now, the defendant's representative said that Shimogawa's annotations were not purely citing historical documents, but simple factual descriptions. They did not contain any creative elements in their annotations. Therefore, similar situations are inevitable. Moreover, even if it constitutes similarity, it does not constitute the so-called plagiarism or plagiarism in copyright law."

"The defendant's attorney's point of view here is absurd! Although Xia Chuan indeed only quoted the original texts of other ancient books in many annotations, the problem does not lie in the content of the ancient texts in the annotations, but in the selection of these ancient texts!"

"In other words, the real question is why Xiachuan quoted this ancient book in one place but not other ancient books. Why did he quote Tang Shu in one place and Zi Shitong in another place? Jian. Why are the county annals and local steles quoted this time instead of the biographies in the history books.”

"All the above signs show that Xia Chuan did not simply quote a certain ancient book to enrich the content of Tang Ji. On the contrary, when he decided to add annotations, he had already made selections and inductions. Moreover, his It is expressing the interpretation of the historical records that appear in Ji Tang Ji in the form of annotations."

"Therefore, although the contents of the annotations are the original quotations of ancient books, the plaintiff, Xiachuan, used this method to reconstruct the historical situation of the Tang Dynasty at that time, and provided unique points for the motives of various characters recorded in the Tang Dynasty. An interpretation of the school. Therefore, these historical facts used also produce the so-called creative elements.”

"To sum up, the plaintiff Shimogawa's annotations must not be regarded as mere descriptions of historical facts or simple quotations from ancient records. The contents of the annotations should not be excluded as materials in the public domain!"

Bei Yuan's voice echoed in the courtroom.

Just like the fierce artillery fire in Utsunomiya, this refutation has been pouring down on the dock like a torrential rain of shells.

Utsunomiya seized on the content of the annotation itself to claim that it does not constitute plagiarism under the Copyright Law.

However, North Principles seized on the selection and arrangement of annotations, arguing that they constitute plagiarism under the Copyright Law.

The two opposing viewpoints collided violently, as if they were about to stir up a super hurricane in the courtroom.

Utsunomiya's expression has turned livid.The reason why he became livid was not because Bei Yuan made a rebuttal, but that this rebuttal was a blatant violation of the basic legal principles of copyright law.

Utsunomiya immediately opened his mouth and said: "Chief judge! The plaintiff's argument has violated the basic principles of the copyright law. The plaintiff's agent claimed that Shimokawa arranged and selected the annotations. But this arrangement and selection itself did not serve as a kind of copyright law. Formed words, images, and sounds are expressed. Copyright law does not protect the intangible, only tangible. The so-called arrangement and selection cannot be protected by law!"

As soon as Utsunomiya's voice fell, Kitahara retorted in an instant, "Chief referee! Of course, this kind of arrangement and choice is tangible. Its tangibleness is reflected in the notes interspersed throughout the text. The form of the arrangement of these notes, The sequence and excerpts already reflect Shimogawa’s arrangements and choices. How can the defendant’s attorney be said to be invisible?!”

Above the court, the two sides refused to give in to each other.

The tense atmosphere has reached its peak.

Judge Takanashi, who was sitting in the referee's seat, saw this scene and couldn't help but said: "Now the plaintiff and the defendant have any new opinions to express about the evidence and cross-examination of the relevant annotations just now. If it is not a new opinion, please don't repeat it again. .”

With some restraint, the temperature of this scene must be forcibly pulled down.

The two lawyers standing opposite each other stared at each other for about ten seconds.They naturally understood what the judge meant, and then they heard the two lawyers reply in unison: "The attorney has no new opinions."

Judge Takanashi nodded slightly, and then announced, "The plaintiff can continue to present evidence."

Bei Yuan looked at the evidence booklet in his hand, and finally turned to the second half of the thick booklet.Now coming to the last substantial similarity...

(End of this chapter)