Tokyo Barrister: Start the law firm bankruptcy

Chapter 351 Intention
Utsunomiya's extremely superb exposition was displayed in court.Especially the saying that even the ancient Han people would pause where sentences should be broken in ancient books.Such an argument greatly shook the plaintiff's claim in an instant.The judges sitting on both sides of the trial seat couldn't help but nodded slightly.

In the eyes of onlookers, since entering the courtroom debate, this trial seems to have become a torture against the plaintiffs' lawyers.Every attack by the plaintiff will attract a more violent counterattack from the famous law professor.

Miyagawa tightly squeezed the pen in his hand.She really underestimated Utsunomiya in front of her.She once thought that the two sides could be on equal footing during the court investigation stage, and then in the court debate stage, there might even be a possibility of taking the lead and turning the other side.

However, the scene in front of him announced the shattering of this possibility.

The foreign precedents that I and Bei Yuan worked so hard to find, as well as the offensive ideas that I studied all night.

It was so easily and completely overturned.

Miyagawa looked at Kitahara supporting himself, and quickly scanned the trial preparation materials on the desktop. He was about to stand up to help, but he heard the voice of the man in front of him, saying faintly:

"Keep sitting, I'll do it."

The expression on his face was still so indifferent.

Even under such a high-pressure trial.

"Chief referee." Bei Yuan turned around, looked at the dock, and said.

Seeing the plaintiff's lawyer struggling again, many people in the legal profession in the auditorium shook their heads slightly and sighed softly.Because they knew that this was another suicidal charge.

Bei Yuan didn't care about the aura in the courtroom, and still said relaxedly, "The defendant's attorney repeatedly emphasized the process of 'making something out of nothing'. For example, the collation of other characters. The correction of residual characters, missing characters, and typos has already made the proofreading version of Tang Ji different from the original version handed down in ancient times."

"Xiachuan's checking and proofreading activities of sending Tang Ji are both checking and checking, rather than just checking and not checking. The original manuscript of "Dongtu Tour and Sending Tang Ji" has long since been annihilated. The original manuscripts that have been handed down today are from various places in the East hundreds of years ago. The product of the engraving bookshop. From the prosperous Tang Dynasty in the east to the engraving in the engraving workshop, the manuscripts of Tang Ji have been copied several times, and it is very likely that many errors have occurred. At the same time, mistakes have also occurred in the process of engraving the book. "

"Xiachuan's proofreading activities included the correction of the above-mentioned mistakes. These corrections were not included in the original text, and have already produced differences from the original version of the ancient book engraving Fangchuan."

Beiyuan picked up Xiachuan's proofread manuscript from the plaintiff's seat behind him, and showed the table of contents on it, "At the same time, Xiachuan's collection of articles about Guan Gu, the envoy to the Tang Dynasty, was not simply a compilation. After Guan Gu returned to the capital in Dongtu, he wrote the article Reminiscing about what he saw and heard about Dongtu along the way. Among them, Xiachuan rearranged the order of his articles according to the route of Guan Gu's tour of Dongtu."

"Please note that the route of Guan Gu in Dongtu is the result of Xiachuan's own research. In the process, Xiachuan spent a lot of energy, time, and traveling around to restore Guanu's route in Dongtu. Therefore, the order of contents of the articles actually includes Shimogawa’s efforts to use professional knowledge to conduct research. It is by no means a simple compilation of articles. This sorting already contains clear creativity.”

"Therefore, based on the above two reasons, Xia Chuan's rectification of Tang Ji has complied with the provisions of the Copyright Law and should constitute a derivative work!"

The young man in front of him struggled violently again with his unyielding spirit.

Many people in the auditorium did not expect that this young lawyer was able to make such a counterattack under such a heavy blow.Many legal professionals present were even a little ashamed. If they were standing in the plaintiff's seat and being attacked by a professor of law, would they be able to maintain a stable mind and fight back.

Listening to Kitahara's counterattack, Utsunomiya didn't feel any disturbance in his heart.

He has been convinced that this is his absolute home in court debates.

The previous court investigation was just an accident.

Since, this lawyer named Beiyuan likes to struggle so much, let you thoroughly feel what despair is.

Utsunomiya sneered again, took a step forward, and said, "I would like to draw the collegial panel's attention. In fact, no matter whether there is a so-called 'creating something out of nothing' process or not, there is one more important and crucial factor. Until now, there has been no was taken into consideration."

As soon as Utsunomiya said these words, many people present couldn't help leaning forward.Is there still an important point in this lawsuit that has not been discovered?Many professionals in intellectual property law have even expressed doubts, but the person in front of him is also a great authority on Eastern law, and he has to believe his words.

Feeling the gazes of the crowd, the expression on Utsunomiya's face became more complacent, and he could only hear him say slowly, "This important factor is the author's intention."

the author's intent.

Those words echoed through the courtroom.

Suddenly, a new attack path was discovered by the great professor.

Like a cold light flickering above the court, the defendant's attorney on the opposite side unsheathed a sharp knife again.

Utsunomiya raised his head slightly, and continued: "The author's intention is actually an important factor in determining whether his work is copyrightable. That is to say, the author's mentality when carrying out the so-called 'creation' is crucial to confirming whether his behavior is copyrightable or not. Being original is the key factor.”

"If a man picks up the scissors and cuts the paper in front of him, if his intention is to cut out a beautiful shape, then there is no doubt that he is creating from the first cut. On the contrary, if he His intention was to cut up the document and destroy it. Then no matter how beautiful the shape he cut out by accident, it cannot be considered that he is creating."

"The same is true for ancient book counting!"

"Here! I would like to ask the collegial panel to pay special attention. In the collation of ancient books, the author's intention is undoubtedly to punctuate and restore the ancient books. That is to say, the idea is to restore a readable and error-free Xing Tang Ji version."

"And this is precisely the most important factor in denying the copyrightability of ancient book proofreading!" Utsunomiya's tone suddenly became aggressive, "There is an essential difference between intending to restore a work and intending to create a work. From the point of view of proofreading, the purpose of correctors is to restore an existing version that is in the public domain. I believe that no proofreader will think that he is engaged in creative activities rather than restoration activities.”

"According to this intention, the ultimate goal of collation of ancient books is to restore the original meaning of ancient books, not to create new meanings!"

"I would like to ask everyone, if you want to restore something, how can this restoration itself be called creation? The proofreader must constrain himself within the original meaning of ancient books from the beginning to the end, and it is impossible to have his own opinions! Therefore, from the From the perspective of the author’s intention, the proofreading activities undertaken by the plaintiff Xiachuan are definitely not creative activities, and they cannot be protected by the Copyright Law! Sending Tang to mark the proofreading is not a work in the sense of the Copyright Law!”

(End of this chapter)