Tokyo Barrister: Start the law firm bankruptcy

Chapter 348 Fatal Strike

Utsunomiya's rebuttal was like a hail of bullets, which made people breathless.This great authority on oriental jurisprudence once again demonstrated his extremely profound legal foundation.

He looked at the two young men in the plaintiff's seat in front of him, raised his head slightly, and raised his chin.

The counterattack was not enough.

You must be completely hopeless, and let you understand that litigation in the field of intellectual property rights is definitely not an area that you two children can get involved in as a joke.

Ikegami next to him, seeing the change in Utsunomiya's expression, knew that the great professor of law had been immersed in the pleasure of slaughtering his opponent, so he couldn't help but leaned comfortably on the back of the chair, and threw a sarcasm towards the opposite side. meaning of the eyes.Bei Yuan, you also have today.

Ikegami showed a gloating smile, ready to enjoy the next good show.

Utsunomiya took another step forward.

He decided to let this lawsuit be completely buried here.

Here, the plaintiff was completely defeated.

Utsunomiya pressed the remote control in his hand, the whiteboard next to the dock flickered again, and new lines of Western characters appeared again.

In the blink of an eye, the law professor presented a second Western case to the court.

"The chief judge," said Utsunomiya, "Here, the defendant's attorney also draws the attention of the collegial panel to the case of LexisNexis v. West Law Group in the Second Circuit Court of the Federal Court of Appeals, that is, Matthew Bender & Co. case."

"In this case, Westlaw Group and LexisNexis are both legal database companies."

"One of the businesses of Westlaw Group is to sort out the judgment documents issued by the Federal Supreme Court and the Court of Appeal. The sorted content includes case outlines, summaries, and numerical representations of key paragraphs. At the same time, Westlaw Group also organizes courts, Information such as the parties and the date of the judgment has been supplemented and refined, and even the information on providing government-appointed lawyers for the parties is also included.”

"Westlaw Group also made supplementary explanations on the subsequent procedural development of the case, such as retrial and other matters. At the same time, it also adjusted the precedent cited in the court judgment in an informal format and revised the format to a standard citation format. Westlaw Group After sorting out the referee documents according to the above-mentioned process, they will be copied to CD-ROMs and sold externally."

"LexisNexis copied Westlaw Group's CD-ROM content. The latter two had a dispute over copyright matters. LexisNexis sued to the court to request confirmation that its actions did not infringe Westlaw Group's copyright."

Utsunomiya looked sideways at the whiteboard beside him, and continued to calmly say, "In this case, the Federal Second Circuit Court ruled that LexisNexis did not infringe the copyright of Westlaw Group."

On the whiteboard, the judgment of the Second Circuit Court is clearly displayed:
【The district court did not clearly err in concluding that the elements of West's case reports that HyperLaw seeks to copy are not copyrightable. The judgment of the district court is affirmed】

[The District Court was not materially erroneous in its view that the Westlaw Group Case Report was not copyrightable.His judgment is upheld]

Utsunomiya's smile became more complacent, "In this case, the Second Circuit Court believed that Westlaw Group's collation of judgment documents, including the addition and supplement of so-called factual information, were essentially derived from other judicial documents. Coupled with the inevitable work process of the legal industry, Westlaw Group's collation of judgment documents is obvious, typical, and lacks the most basic creativity. Therefore, Westlaw Group's collation of court judgment documents is not copyrightable!"

The law professor looked at the three judges on the stage, "Please pay special attention to the circuit court's standard of creativity in this case. Any reorganization or addition of information to pre-existing facts is not copyrightable. Unless the arrangement is inherently original. Copyright law does not protect the discoverer of facts!"

"The reason why the circuit court thinks that Westlaw Group's sorting lacks originality is that anyone who is engaged in the legal industry, if he starts to sort out judgment documents, he will inevitably make almost the same information selection as Westlaw Group!"

Utsunomiya seemed to have grasped a weapon that could kill the opponent, and his nerves seemed to be excited like never before at this moment.

"Everyone! In this case, the collation of ancient books is very similar to the collation of judgment documents! Westlaw Group has supplemented and perfected the information of all parties involved in the judgment documents. Xiachuan also commented on the history involved in Tang Ji The character information has been supplemented."

"The Westlaw Group explained the background of the procedural development after the case. Xiachuan also supplemented the background of some historical events in the Tang Dynasty by citing historical materials."

"Wallaw Group adjusted the format of the court's citing precedents, and Shimokawa adjusted and added the sentence and reading of Ji Tangji."

"The judgment documents of the court belong to the public domain of copyright. The original Chinese text also belongs to the public domain of copyright."

"The above-mentioned similarities can completely prove that Xiachuan's checking activities lack the most basic level of creativity. Especially in the checking activities of ancient Chinese sentence sentences. The form of sentence sentences is extremely limited, and later ancient book reviewers used a large number of In other places, it is inevitable that they will make the same corrections as Shimogawa."

"Accordingly, the defendant's attorney requested the collegial panel to refer to the case of LexisNexis v. Westlaw Group to deny the copyrightability of Xiachuan's proofreading. Even if it is assumed that the defendant's Tang Ji is similar to the plaintiff's proofreading, it does not constitute copyright law. Plagiarism in the sense!"

Utsunomiya's voice reverberated in the courtroom.

The second Western case presented by the law professor exploded like a deadly steel cannon at this moment.The heavy black shells slammed directly towards the plaintiff's seat, as if they wanted to completely crush the two figures sitting on it to pieces.A huge storm seemed to appear in the courtroom, sweeping all the people present.

Some intellectual property experts and lawyers sitting in the auditorium could not help admiring Utsunomiya's research on copyright law.Various Western cases are like treasures in his hands, and they can be used by him to disrupt the opponent's offensive point of view in an instant.

A lawyer with such a terrifying level has not only rich practical experience, but also a profound legal foundation. It is like an invincible mountain above the court.

Many people's eyes fell on the two attorneys in the plaintiff's seat.They were so young, so young that those two faces still seemed childish.It is impossible for them to win this lawsuit against Kyoto University.It seemed that the situation was evenly matched in the proof stage, but after entering the court debate, it showed a overwhelming trend of crushing.

A great professor is a great professor.

A young lawyer who has just graduated is a young lawyer.

The two cannot be equated.

This is a hopeless lawsuit...

(End of this chapter)