Tokyo Barrister: Start the law firm bankruptcy

Chapter 347 The Minimum

Utsunomiya raised the corners of his mouth proudly, admiring the victory scene in front of him.Bei Yuan, who was in the plaintiff's seat, was turning on his laptop, and seemed to be quickly browsing the case of the telephone directory presented in the court just now.

It's useless.

Utsunomiya sneered inwardly.It is definitely not in time to read the foreign law precedents that I have submitted to the court when I arrive at the scene.In this kind of occasion where foreign legal precedents are relied on to export ammunition, the breadth and depth of legal knowledge are the competition.A kid who just graduated from university cannot possibly have the ability to deal with such a situation.

Utsunomiya was about to sit down from the dock when a male voice came from behind.

"Head referee."

This familiar male voice rang the death bell like a ghost at this moment.Utsunomiya frowned, and immediately turned around. After seeing the male lawyer standing up, his body froze suddenly.The scene in front of him was somewhat beyond Utsunomiya's imagination.

Beiyuan's expression was very indifferent, looking at the trial seat, he said, "Just now the defendant's attorney did not fully demonstrate his point of view on the telephone directory case. Although the Supreme Court of the United States believes that originality has requirements for originality in this case. But , the defendant’s attorney evaded discussing the degree of originality required.”

"The chief judge please pay attention to Section [-], Paragraph A of the judgment document of this case. Justice O'Connor clearly stated that the so-called originality requirement only includes the minimum creativity. Regardless of whether the so-called 'creativity' is important or not Obvious. As long as it involves a small amount of creativity, it will suffice.”

"In this case, Xia Chuan provided the corresponding historical background and reasons for the events that occurred in the Tang Dynasty by adding annotations to the text, and gave the author's personal explanation. It obviously meets the 'minimum' creativity Requirement. Even according to the judgment of the telephone directory case, the proofreading draft of Qian Tang Ji is a work in the sense of copyright law!"

Utsunomiya did not expect Kitahara to react so quickly.If it weren't for the fact that the person standing in front of him was indeed a young boy in his twenties, Utsunomiya would suddenly think that the person standing opposite him was a veteran lawyer who had experienced intellectual property litigation.

How much shit did this Beiyuan step on before he could have his luck, so he reacted on the spot!
Utsunomiya immediately retorted, "The plaintiff's understanding of the telephone directory case just now is obviously incorrect. Facts are not the object of protection under the Copyright Law. The core of the problem is whether the plaintiff's collection of facts is original. Among them, the most important The distinguishing criterion is whether to let the factual materials stand like that, let the 'facts speak for themselves', or add their own words, and let the author's own words speak."

"Based on this standard, Shimogawa's annotations obviously belong to the former. Most of his annotations are original texts that directly quote other historical materials. He has not added any annotations in modern text. Obviously, he does not have the so-called creativity!"

Again, the law professor fought back ferociously.

Beiyuan took a step forward and looked at the judging seat, "Chief judge. Please pay attention to the judgment of the telephone directory case again. Although this case denies that facts are protected by the Copyright Law, it also admits that the compilation of facts must meet certain requirements. Under certain conditions, it will be protected by copyright. As long as the collection and arrangement of factual materials can make them more effectively used by readers, then there is the possibility of copyright.”

"In this case, Xiachuan, through the proofreading activities, made the Chinese classics more readable and comprehensible by readers, which already meets the requirements of originality!"

"Please pay attention to the collegial panel!" Utsunomiya immediately retorted, "Just now the attorney for the plaintiff is misinterpreting the referee's point of view in the telephone directory case."

Utsunomiya immediately picked up a copy of Tang Ji on the dock and flipped through it page by page, "Please pay attention to this. After proofreading, Ji Tang Ji is still the original Chinese text. The sentence structure in Chinese is as follows: There are still fundamental differences in grammar from modern Oriental script. That is to say, it is difficult for even ordinary people to read the censored version of Ji Tang Ji."

Utsunomiya displays pages and pages of texts in Ji Tang Ji.

All of them are densely written in Chinese.

For those who have not studied Chinese and have further studied to a certain extent, it is indeed impossible to start reading Ji Tang Ji directly.

"Sent to the Tang Dynasty is still a small-scale proofreading work. Only extremely professional scholars of literature and history can read it further." Utsunomiya added, "Therefore, Shimogawa's so-called proofreading has not reached the level that can make readers go further. The degree of utilization!"

As soon as Utsunomiya's voice fell, the young plaintiff's male lawyer quickly fought back, "The chief judge. The defendant's attorney improperly narrowed the scope of 'readers', thinking that only the compilation of facts can be effectively used by ordinary readers. to be copyrightable."

"In fact, the creation of works is aimed at both general readers and readers in the professional field. If readers in the professional field can make more effective use of the collected factual materials, then the collection of the factual materials also constitutes copyright. work in the legal sense."

"For example. I present the population data of the [-]th century in the form of professional statistical charts. Even if the presentation can only be understood by people with statistical knowledge. But as long as the classification of population data in statistical charts, Collection, with a minimum of originality, then it also constitutes a work in the sense of copyright law.”

"Therefore, although readers without statistical knowledge cannot understand my chart. However, it is sufficient to meet the requirements of originality. After the defendant's attorney, Yi Qian Tang Ji has been checked, it is still only able to be interpreted by scholars of literature and history in the professional field , and deny its effective collation and utilization of the original Chinese texts. Its views are fundamentally incorrect and inappropriate!"

"If it is considered that improving the degree of effective use of factual materials by readers in the professional field is not enough to meet the requirements of copyright, it is undoubtedly an inappropriate narrowing of the scope of protection of copyright law!"

Utsunomiya's eyes widened, and he shot back again: "The plaintiff's attorney is still avoiding the problem! The essence of the problem is that even after proofreading, readers still understand the content of the Tang Ji from the original Chinese text itself. The defendant It is not denied that the proofreading can of course help to facilitate readers’ understanding. But the problem is that such auxiliary effects are not significant enough to constitute the so-called inventive step.”

"After the Chinese sentences have been corrected, they are still Chinese sentences. Readers still understand the content of Qiantangji according to the Chinese itself. The addition of punctuation marks does not change this. Therefore, Qiantangji has been checked by Xiachuan After that, no substantive changes occurred. The plaintiff’s so-called fact collection did not meet the requirement of originality!”

(End of this chapter)