Tokyo Barrister: Start the law firm bankruptcy

Chapter 338 Lucky Star

The reason why Beiyuan wanted to lose was simple.

That is, he must first prove that the proofreading results of ancient books are "works" in the sense of copyright law before his claim can be supported.Otherwise, even if he argues so many similarities in court, it doesn't make sense.If the rectification of ancient books is not a "work", even if Fujimura copied Shimokawa's rectification results [-]%, he would not face any legal responsibility.

For example, it's like people trying to imitate a certain celebrity's outfits.Dressing itself is not an intellectual property right. Therefore, even if people dress exactly like a celebrity's clothes to form a so-called "similarity" or "similarity", it will not violate any relevant laws.

That is - to enjoy the protection of intellectual property laws, you must first have intellectual property rights.

Imanishi looked at the figure in the plaintiff's seat who was checking the trial transcript, and raised his hand to gently support his chin.

Next comes the court debate.

During the court debate stage, legal opinions will be issued around the focus of disputes in the case.

If the adequacy of the evidence is not controlled by lawyers to some extent during the court investigation stage, then the subsequent court debate will be a thorough confrontation between the two lawyers' legal skills.

And this time the opponent is Professor Utsunomiya, who has made brilliant achievements in both practical and theoretical circles.

Bei Yuan, can he survive the court debate?

……

……

a few days later.

3 pm.

Kyoto, The Liston Hotel, Room 1306.

The room was not lit, and it was dark inside, and the curtains were drawn, so the sunlight could not shine in.On the table in the middle, the screen of a laptop glowed faintly, illuminating the man in front of the table, and projecting his figure onto the bed behind him.

Bei Yuan leaned on the chair, clasped his hands, closed his eyes and meditated.

I am still thinking about the countermeasures of this case in my mind.

Judging from the current stage of proof, in proving the similarity between the two manuscripts, it can be regarded as a preliminary result.

However, the most troublesome problem has not been solved.

That is how to prove that the proofreading results contain creative factors, so they constitute works in the sense of copyright law.If this point cannot be successfully demonstrated, then this lawsuit will return everything to zero.

Immediately, Bei Yuan opened his eyes again, raised his hand, and flipped through the "Eastern Land Tour and Repatriation to the Tang Dynasty" on the desktop, looking at the punctuation marks in the book.

Can adding punctuation marks to an ancient book be considered "creation"?

Is there any creative element involved?
How can we prove that the counting activity is a creative activity.

There is a glass of Coca-Cola on the table, the lid has been lifted, and the ice cubes inside flutter slightly as the bubbles float out.For a person whose thoughts are tired, the glass of black soda in front of him is the best nectar on earth.

Bei Yuan picked up the glass of Coke and took a sip.The instant cold and refreshing feeling soaked into his throat.Hearty and refreshing.

The spirit seemed to be raised a little bit again.

However, this feeling did not last long and gradually dissipated.

As long as the problem is not solved, there will always be a huge stone pressing on my heart.

How can we prove that checking and proofreading ancient books is a kind of creative activity?
It seems that there is a huge maze in front of you. The towering high wall blocks all possible sights. There are all kinds of complicated paths inside. Every branching intersection leads to an exit or is full of traps. The false way of vipers.There is no hint about the exit, the only thing you can rely on is your own intuition.

Kitahara felt that the arguments on this issue in his head were a mess.

Where will the breakthrough be?
The thoughts that kept diverging in my mind seemed to be looking for a needle in the sea.

At this moment, there was a knock on the door suddenly.Immediately afterwards, Miyagawa's voice sounded, "It's me."

Bei Yuan stood up and walked towards the door of the guest room.They have switched to this hotel since the last time the Guesthouse was broken into by the police.Of course, Imanishi also lived on this floor.Miyagawa's room number is 1335, and Imanishi's room number is 1336.Every time Miyagawa came over, she had to make a report with her father first.Imam is obviously closely monitoring her daughter's every move to prevent her from being abducted by herself.

Opening the door, she saw that Miyagawa's face was a little reddish, with beads of sweat on her forehead, and behind her was a small cart.The trolley was piled up with various legal books and court case selections, like a hill.This book is obviously another "trophy" just borrowed from the library of Kyoto University.

"Did you pull it by yourself? Why didn't you call me?" Bei Yuan gently pulled the handrail of the small scooter.

"I made an agreement with my father. I can stay with you until 9:[-] p.m. before going back." Miyagawa wiped the sweat from his face, "I don't want to trouble you anymore. Because you have a court session in Beiyuan recently. very tired."

"I just wanted to relax my muscles and bones." Bei Yuan said with a smile.

"Let's push it together." Miyagawa gently held the rear of the small cart, looking at so many books, with a slightly smug expression on his face, "In this way, we can have more information for research I don’t believe that there is no way to bring down Fujimura in this case.”

Miyagawa was pressing the books with his hand, perhaps because he was tired from carrying so many books, he suddenly lost his footing and tripped.The books pressed by the bottom of the hand were pushed out together.In an instant, a mountain of law books and court cases poured down on the ground like dominoes falling, scattered at the door of the guest room.

One of the books was dumped in front of Beiyuan's leather shoes.

The title of the book is Fundamentals of Copyright Law.

At first glance, it looks like a book similar to a college textbook.

But I saw that the cover of this book seemed to be shot in a theater.Above is a photo of several ballet dancers performing on stage.The ballet's jumping posture in an instant fully displayed their graceful and graceful postures.

The book didn't arouse Bei Yuan's interest. He knelt down, picked up the book, and put it back on the cart, but the moment his eyes stayed on the performance photo on the cover, he suddenly stopped involuntarily.

Performance.

Such a noun crashed into Bei Yuan's mind suddenly.

In an instant, it seemed as if a chemical reaction had been triggered somewhere.

There seems to be a "Zi" sound.

The lighter, which was constantly pressed, finally lit the flame.

Although the light was weak, it illuminated the road ahead at this moment.

There was a crack in the huge labyrinth wall that was wandering in my heart just now.

"Yes... I'm sorry, Beiyuan!" Miyagawa looked embarrassed, "I'm always so careless!"

The girl hurriedly picked up the scattered books on the ground with a flustered expression.

At this moment, Kitahara gently pulled Miyagawa's cuff, signaling her to stop.The corners of Bei Yuan's mouth turned up slightly, "Miyagawa, you are really my lucky star."

Just at that moment, the plaintiff's lawyer found a solution to the problem in a seemingly impossible place...

(End of this chapter)