Tokyo Barrister: Start the law firm bankruptcy

Chapter 363 Sentencing (Two in One)

Following the judge's order, all the people in the court stood up.The spectators present couldn't help but get nervous.The first-instance verdict of this unprecedented plagiarism case of counting and proofreading ancient books is finally coming.What kind of judgment will the court make in this case that concerns the reputation of the highest institution in the country?
Judge Takanashi stood behind the judge's seat and announced: "Sakyo-ku District Court, Kyoto, Civil Judgment of First Instance [25] No. 0857. Plaintiff: Yoshihiko Shimogawa. Plaintiff's attorney: Yoshiichi Kitahara, lawyer at Eto Law Firm, lawyer Eto Trainee lawyer at the firm, Saeko Miyagawa"

"Defendant [-]: Fujimura Kayo. Attorney: Kyoto University law professor, part-time lawyer Hisaku Utsunomiya. Defendant [-], Kyoto University, legal representative: Ouchi Nakaji; Defendant [-], Kyoto University Press, legal representative: Terasawa Long Er. Co-representative of Defendant [-] and Defendant [-], lawyer at Tokyo Mori Hamada Matsumoto Law Firm, Goro Ikegami."

“原告下川善彦与被告藤村嘉代、京都大学、京都大学出版社著作权侵权纠纷一案，本院于2月17日立案，依法适用普通程序，于3月1日、3月9日、3月16日、3月23日进行了公开开庭审理。”

"The plaintiff Shimokawa Yoshihiko, attorney Kitahara Yoshiichi, and Miyagawa Saeko. The defendant Fujimura Kayo, the defendant's attorney Utsunomiya Hisaku, and Ikegami Goro attended the lawsuit."

"The trial of this case has now been concluded. The following facts have been found after the trial: The plaintiff, Yoshihiko Shimogawa, is an associate professor hired by the Graduate School of Humanities at Kyoto University. Five years ago, the plaintiff carried out a proofreading activity related to "A Tour in the Eastern Land and Sending Tang Ji", and successively The first draft of proofreading, the second draft of proofreading, the third draft of proofreading, the fourth draft of proofreading, and the fifth draft of proofreading have been formed. The above-mentioned five editions of manuscripts are all certified by notarial certificates for the corresponding electronic generation time."

"The defendant, Kayo Fujimura, two years ago, under the title of 'Project of Correction of the Ancient Version of "A Tour of Eastern Lands and Repatriation to the Tang Dynasty", was submitted to the Oriental Academic Promotion Committee by Kyoto University, and the project was successfully approved. The project team members included the plaintiff. One A few years ago, Kyoto University Press published a book with ISBN 972-215-001-2 titled "A Journey to Tang Dynasty in the Eastern Land". After checking, 1235 copies have been sold."

""A Tour of Eastern Lands and Repatriation to the Tang Dynasty" was written before the seventh year of Yuanzheng. After comparison with the Mustard Seed Garden version, the plaintiff's school version added 17 new articles about Guan Gu's dispatch to the Tang Dynasty, 8 ancient poems, and added Guan Gu's portrait, biographies, and prefaces and postscripts Summary, anecdotes and rumors, appendices, brief biography of Guan Gu, etc. The defendant’s proofreading has been compared with the plaintiff’s proofreading, and the punctuation marks are the same in about 98.6%. There are 32 differences in the proofreading words and 16 differences in the notes. They are all the same. Except for the preface and postscript, the order of catalog arrangement is the same, and the collection of lost works is also the same."

"This court believes that although the collation of ancient books is to sort out, annotate, correct, and arrange works that are already in the public domain, it can also produce corresponding originality if certain conditions are met. In the process of sorting out Tang Ji, in addition to adding punctuation, the plaintiff also made annotations, corrected typos, and the arrangement order of the article was also adjusted from the chronological order to the route order of the eastern land tour. After the plaintiff’s correction There have been significant differences and changes between "Dongtu Tour and Tang Ji" and the original mustard garden version, so this court recognizes the copyrightability of "Dongtu Tour and Tang Ji" edited by the plaintiff Xiachuan."

"On the basis of copyright infringement, this court adopts the method of 'contact + substantial similarity' to make a judgment. Although the evidence presented by the plaintiff failed to prove that the defendant had contacted the plaintiff's electronic proofreading, but since the plaintiff has been included in the defendant's Among the scientific research projects declared. There are reasonable grounds to believe that the defendant has the possibility of accessing the plaintiff’s electronic proofreading manuscript.”

"In the judgment of substantive similarity, this court believes that it is necessary to take into account the creation rules of ancient books. Although the punctuation forms of some sentences in ancient books are limited, there are differences in the details of typographical corrections, paragraphs, annotations, etc. In terms of whether it can affect the reader's reading experience as a whole. In this case, under the influence of similar styles such as subsections, typographical corrections, and annotations, it is enough to make readers have a similar reading experience on the plaintiff's and the defendant's proofreading Therefore, the defendant's published proofreading works are substantially similar to the plaintiff's electronic proofreading work."

"At the same time, considering that the defendant in this case, Fujimura, did not submit relevant documentary evidence of his independent creation. Therefore, this court does not approve the defense of independent creation cited by Fujimura."

"With regard to the plaintiff's claim against the defendant Fujimura for punitive damages, this court believes that punitive damages must be clearly stipulated by law. In the absence of a punitive damages system in the Copyright Law, this court can only apply the principle of compensation for damages in accordance with the law .”

"About requesting the second defendant, Kyoto University, to impose academic punishment on defendant Fujimura Kayo. This court believes that whether Kyoto University makes academic punishment on Fujimura Kayo belongs to the internal management relationship of the unit, not a legal relationship between equal civil subjects. , so it is not within the scope of acceptance of civil litigation."

"On the issue of whether Kyoto University and Kyoto University Press bear joint tort liability. This court believes that the plaintiff, Yoshihiko Shimogawa, has appealed to Kyoto University several times over related disputes. The editors and reviewers of Kyoto University Press also include Kyoto University. Member of the Academic Ethics Committee. Therefore, the university and the publishing house should be aware of the copyright disputes of the works involved. Therefore, Kyoto University and Kyoto University Press are also at fault for the publication of the works involved.”

"The sentence in this case is now pronounced as follows."

"[-]. Defendant Kayo Fujimura and Kyoto University Press shall cease their infringement immediately upon the effective date of this judgment."

"Second, the defendant Kayo Fujimura apologized to the plaintiff within ten days after this judgment came into effect, and issued an apology statement on the front page of the Kyoto news with an area of ​​no less than 5cmX5cm. The content of the statement must be reviewed by this court."

"4. Defendant Kayo Fujimura shall pay 763 yen for his infringement gains within ten days after this judgment comes into effect."

"Fourth, the defendants Kyoto University and Kyoto University Press shall be jointly and severally liable for compensation within 10% of the amount of compensation paid by the defendant Fujimura Kayo."

"[-]. Dismiss the plaintiff's other claims."

"Case acceptance fees shall be borne by the defendant."

"If you are not satisfied with this judgment, you can submit an appeal letter to this court within 15 days from the date of service of this judgment, and provide copies according to the number of parties involved, and appeal to the Kyoto High Court."

"The judges: Takanashi Masako, Wakabayashi Kichimitsu, Obayashi Kazuo.

"The case is declared closed."

"Crack!"

The gavel sounded.

The verdict of the first instance of the plagiarism case of ancient book counting was completed.The Sakyo District Court held that the rectification of ancient books also falls within the scope of protection of the Copyright Law!Works that belong to the copyright law, rather than applying neighboring rights to protect!The Dean of the Graduate School of Humanities at Kyoto University plagiarized the works of Associate Professor Shimogawa and was established!
The faces of the university management in the auditorium were paler than ever.The university actually lost, and there is no doubt that the dignified dean was convicted of plagiarism by the court. This will be an unprecedented huge scandal at Kyoto University, and it will have an unimaginable impact on the university's reputation and internal personnel adjustments.

It seemed that a cold spring breeze was blowing into the courtroom.Some keen old foxes have already sensed that the university is about to blow up.An unprecedented management earthquake is about to happen!

Utsunomiya was already stunned when he heard the verdict.Within ten minutes of the sentencing just now, he seriously suspected that there was something wrong with his hearing.Kitahara's final statement did indeed scare Utsunomiya.He even thought that if he really lost, it might be in the neighboring rights.

However, it never occurred to the court that the ancient book rectification is a work stipulated in the Copyright Law.

absurd!

This is really unprecedented absurdity!
Utsunomiya still couldn't believe the facts in front of him.I... I was actually defeated by a freshly graduated lawyer who had no practical experience in copyright law.how can that be.how can that be? !
Utsunomiya looked at the empty seats on the trial seat, completely distracted.He didn't understand why his student, Takanashi, wanted to confront him like this. After all...how could it be beneficial to do so? !

Chi Shang, who was sitting next to the dock, looked more ugly than ever.As a representative of the university and the publishing house, his position in this lawsuit should be said to be safe.It is not at fault for the publishing house to remove the infringing works immediately after receiving the injunction issued by the court.

But why!It happened that he was inexplicably sentenced to bear the tort liability within 10% of the compensation amount of Fujimura.The total amount is not large, only about 40 yen.However, this small amount disgusted Ikegami precisely like rat droppings in a pot of porridge.

With a bang, Hirose, who had already heard the verdict, turned red all over his face. He couldn't wait to open the wooden fence of the courtroom and rushed to the plaintiff's seat.Her eyebrows were bent like crooked moons, and her eyes became a line because of her smile.

"Thank you! Lawyer Kitahara! Thank you! Saeko!" Hirose was incoherent for a moment, opened his mouth, and seemed to want to say some more beautiful words of thanks, but he could only spit out scattered words , unable to spell a complete sentence.

This female monk who worked for her mentor, once faced the pressure of being expelled from the university, at this moment, all the pressure poured out, and the boredom in her heart seemed to disappear at this moment, and there was no more.

Miyagawa looked at Hirose's happy face, and hugged her into his arms.These two high school friends hug each other tightly like sisters at this moment.

Xia Chuan listened to the verdict, as if in a dream.

From the moment he saw lawyer Beiyuan filed an application to withdraw the lawsuit in court, he felt as if he had entered a dream.Immediately afterwards, Fujimura stood up for some reason and refused to withdraw the lawsuit.Then there is the referee's verdict.Everything happened as if it happened in a dream.

Won.

He actually won.

He couldn't believe that he had won.

Obviously, he had already filed a withdrawal of the lawsuit, and he actually won when the chance of winning was already zero.

Shimogawa turned his head in disbelief and looked at the plaintiff's lawyer beside him.This lawyer is only 25 or [-] years old.Although wearing a suit.But if these professional clothes are replaced with ordinary clothes, I am afraid that others will regard him as a college student.

It was such a young man who helped himself.

It was such a young man who defeated the dean of the Humanities Graduate School who he could not defeat no matter what.

It is such a young man who has done things that are almost impossible.

"Lawyer Beiyuan. I don't know what to say anymore." Xia Chuan stood up from his seat, his face trembling slightly.

Miyagawa, Hirose, and Kitahara all looked at the associate professor at the same time.

After experiencing a break with the students in his teaching and research section, Shimogawa already felt that everything he had done before was meaningless.In the face of cruel reality, the so-called pursuit of academic ambitions seems so naive and ridiculous.I already want to wake up from this unrealistic dream.

However, the young man in front of him was like a firefly in the darkness.

Even though it is this boundless darkness, a ray of light that although faint, can't be swallowed by the darkness is born.

Hate it.

I am obviously older than this lawyer, but in the end, I still have to rely on this young man.

Xia Chuan felt that his eyes were blurry, as if something was spinning in his eye sockets.

"Lawyer Beiyuan, I'm really a coward. I'm so sorry." The associate professor bowed deeply, "Thank you, thank you so much. Besides thank you, I really... I really don't know what to say to lawyer Beiyuan. Thank you so much."

A tear ran down Shimokawa's face.

All the grievances I have suffered in the university over the years have been completely released.

I teach very hard, but I have to be said to cater to the students.

The result of painstaking efforts in schooling was blatantly taken away by the dean.

There is no way to appeal all the way, but it is still considered to be private revenge because he cannot be renewed by the university.

Even his own students cannot be protected.

And now it's over, it's finally over.

Gradually, more than one tear flowed out.Once emotions are activated, it is difficult to control them.When he raised his head again, the associate professor was already in tears.

Beiyuan smiled, like an old friend for many years, patted him on the shoulder, and said softly, "That's great. If there is a chance, I would also like to listen to Mr. Shimokawa's Sinology class. I want to go to Shimokawa The teacher's class must be very interesting, especially interesting."

What the young man said at this moment couldn't help but hit Shimokawa's heart even more.Shimogawa didn't expect Kitahara to answer him like this.At this moment, the scenes of getting along with the students in the past reappeared in front of my eyes.The associate professor at Kyoto University couldn't control his emotions even more, and cried in the trial court...

(Suddenly pulled to work overtime, update these first, there are still today)
(End of this chapter)