Tokyo Barrister: Start the law firm bankruptcy

Chapter 346 Phone Number
"Chief referee." Utsunomiya sneered, "Just now the attorney for the plaintiff thought that as long as the text creation is done independently and with hard work, it can meet the originality required by the copyright law. This is completely incorrect. "

"Just now the plaintiff's attorney also repeated the law's definition of a work, that is, a work is an intellectual achievement that is original and can be reproduced in a tangible form."

Utsunomiya deliberately raised the ending sound, emphasizing the last few words of this definition, "The four words of intellectual achievement have already shown that it is not enough to just pay hard work. The requirement of originality must include a certain degree of Including originality, it is intellectual labor.”

Utsunomiya pressed the remote control in his hand, but saw that the whiteboard in the dock also flickered, and lines of Western characters also appeared.

"The so-called 'sweating forehead principle' just cited by the plaintiff's attorney has in fact been denied in the latest Western case law."

"Here, the attorneys for the defendant hope that the collegial panel will pay attention to the latest Western case, the case of Feist Publishing Company v. Rural Telephone Company, that is, Feist Publications, Inc., v. Rural Telephone Service Co. case. In this case, the Supreme Court of the United States clearly stated that the establishment of originality cannot be based only on independent creation, but must also require the existence of originality.”

"In Fester Publishing Co. v. Village Phone Company, the Village Telephone Company had printed telephone directories called 'yellow pages' and 'white pages'. These telephone directories recorded the addresses and numbers of the company's subscribers. Fest Publishing companies also operate 'Yellow Pages' and 'White Pages' telephone directories, and their geographical scope exceeds that of Village Phone Company."

"Fest Publishing Company expressed to Village Phone Company that it would like to quote its 'White Pages' telephone directory. When this request was refused, Fest Publishing Company went ahead and extracted Village Phone Company's 'White Pages' telephone directory and directly Quote. Village Phone sues Fest Publishing for copyright infringement of the 'White Pages' telephone directory."

"The key issue in this case is whether the 'white pages' telephone directory is within the protection scope of the copyright law. The core focus of the dispute is whether the telephone directory has the originality required by the copyright law."

Utsunomiya grinned, "In this case, the views of the Supreme Court of the United States can also be used as a reference for the collegial panel. The phone number itself is a fact, and the fact itself is not protected by copyright law. In other words, although Village Phone Company A certain amount of organization and effort has been put into obtaining the phone numbers. But the organization itself shows no originality."

"The arrangement of the Village Phone Company's telephone directory is nothing more than the arrangement of subscribers by name, address, township, etc., without showing any degree of originality. Accordingly, the Supreme Court of the United States denied that the Village Phone Company's directory was protection scope of copyright law.”

"The production process of the telephone directory conforms to the principle of sweating on the forehead just mentioned by the plaintiff. It was independently created by the Village Telephone Company, and a lot of sweat was spent, but it is still not protected by the copyright law. The root cause is that it is not Original. Through the telephone directory case, the Federal Supreme Court has in fact denied the plaintiff's just stated 'sweat on the forehead principle!!"

Utsunomiya raised his voice sharply.

The strong aura of this great authority on oriental jurisprudence rushed towards the plaintiff's seat like a huge wave.

The famous law professor continued: "From the Western telephone directory case, we can also get a glimpse of the correct approach that should be adopted in this case. In this case, Xia Chuan was engaged in proofreading activities. Although he added to ancient books and works Sentences were broken by punctuation, or paragraphs were divided, or typos were collated.”

"But please pay attention to the collegial panel! The above-mentioned series of proofreading activities are just sorting out factual materials. The final reproduced results are also factual materials, that is, the original text of "Dongtu Tour and Sending Tang Ji". The proofreading activities , without altering the expression of the original text.”

"That is to say, nothing 'new' was produced during the school-checking activities in Xiachuan. Before the school-checking in Xiachuan, "The Journey to the Tang Dynasty in the East" was still "The Story of the Tour in the East". After the school-checking, The Ji Tang Ji is also Ji Tang Ji. Its specific content is still a series of records of what Guan Gu, the envoy sent to Tang Tang, saw and heard in the east.”

"Just like the arrangement of telephone numbers is still a phone number not protected by copyright. The result of the arrangement of original Chinese texts is still an original Chinese text not protected by copyright."

"The plaintiff's proofreading activity does not have any creative content and lacks originality. Therefore, it does not meet the originality requirements of the work. Plaintiff Xiachuan's proofreading does not fall within the scope of protection of the Copyright Law! The plaintiff's claim for copyright infringement, Should not be supported!"

In an instant, Utsunomiya tore apart Miyagawa's entire discourse just now.

Miyakawa frowned, clenched his pen, and hurriedly stood up to retort: ​​"Chief referee! What the defendant just said is wrong. The organization of the telephone directory cannot be compared with the organization of ancient books. It uses the telephone directory case to An analogy is a wrong choice of precedent."

"Oh?" Utsunomiya smiled when he heard Miyagawa's rebuttal, "Then you are talking about what is not comparable. The object of the telephone directory is the telephone number that exists as an objective fact. The object of the ancient book is also an objective fact. The original Chinese text."

"The Blastin v. Donaldson Lithography cited by the plaintiffs is the real error of citation! Commercial illustrations are, at least in a sense, a process of 'creating something out of nothing'. Tidying up is completely incomparable.”

"Therefore, Chief Judge! The legal dispute in this case is actually very simple. Facts are not protected by the Copyright Law. Plaintiff Shimogawa's proofreading results are just sorting out and reproducing existing objective facts. Obviously, they do not fall under the protection of the Copyright Law. Scope. To sum up, the defendant’s attorney requests the collegial panel to dismiss all the plaintiff’s claims!”

Above the courtroom, the voice of the famous law professor echoed.

Just as in the case of Fest Publishing Co. v. Village Phone Company, Fest Publishing Co.'s copying of Village Phone Company's directory does not constitute plagiarism and does not constitute copyright infringement.

The famous professor of law also announced such a cruel fact—that is, even if Fujimura really completely copied Shimokawa's proofreading results, he would not constitute an infringement in the sense of copyright law.

Yes, even if others will take the fruits of your labor openly.

Nor does it constitute plagiarism in the legal sense.

Even if bad people do bad things, they don't have to bear any consequences.

The door of the trial court was closed, but it seemed that a cold wind was blowing into the court, silently telling the cruelty of this copyright lawsuit.

(End of this chapter)