Tokyo Barrister: Start the law firm bankruptcy

Chapter 308 Tort Law
In the field of copyright law, the rule for judging whether infringement is established is the well-known "contact + substantial similarity" rule.This rule originated from the Laurence v. Dana case in the West in 1869.After more than 100 years of ups and downs, this rule has not been eliminated with the passage of time, but has become the golden rule universally used in the world to determine the establishment of copyright infringement.

The so-called "contact + substantial similarity" means that if you want to accuse someone of plagiarizing your work, you must prove that—first, the other person has had contact with your work; second, his work is similar to yours. The works are substantially similar.Under the conditions of satisfying these two prerequisites, the establishment of copyright infringement can be declared.

This is the burden of proof that Miyagawa and Kitahara face.

That is to say—they must prove that Fujimura had contacted Shimokawa's proofreading of "A Parade in the East and Sending Tang Ji" and that the two proofreadings were substantially similar.

Right now, the first towering mountain standing in front of them is "contact".

Listening to the judge's instructions, Miyakawa frowned slightly, and slightly pinched the prepared proof statement with his fingers.It is actually not easy to prove that Fujimura had been in contact with Shimokawa Dianxiao's "Eastern Land Parade and Expedition to the Tang Dynasty".

Although Shimogawa once said that Fujimura had gone to his teaching and research room to pick up the third draft that had been corrected by Tang Ji, there was no direct evidence to prove that this happened.

Undoubtedly, the proof of the establishment of contact will be an unprecedented tough battle.

Holding the evidence booklet in his hand, Miyakawa stood up from the plaintiff's seat, "Next, the plaintiff presents the second set of evidence. The first piece of evidence is the notarial certificate A685287 issued by the Mitsumasa Notary Office of Kyoto Prefecture. Email sent to plaintiff half-a-half ago."

"In the e-mail, the defendant asked the plaintiff, 'Mr. Shimogawa. The Academic Promotion Committee is currently applying for an ancient book counting project. Do you intend to participate? If so, come and have an interview.'"

"The second piece of evidence is the Minutes of the Seminar on the Project of the Graduate School of Humanities at Kyoto University. This seminar also took place three and a half years ago. The meeting record shows that the college started a meeting to discuss the application for the school's project. Among them, at 15 o'clock- At 16:30, the content of the discussion was the possibility of proofreading the project of "Parade in the East and Repatriation to Tang Dynasty", as well as the preliminary proofreading discussion."

"The third piece of evidence is the notarial certificate No. A685288 issued by the Notary Office of Guangzheng, Kyoto Prefecture. The content of the notarization is the mobile phone message of the plaintiff Shimogawa. The text message is the mobile phone message sent by the defendant Fujimura to the plaintiff two and a half years ago. The specific content is, 'Ms. Shimogawa, how is the progress of the school counting?'"

"The fourth piece of evidence is the "Kyoto University Ancient Books Checking Project Application Form". The publicity information of scientific research projects in "Tang Ji" also shows that the project host is 'Fujimura Kayo'."

One piece of evidence after another was placed on the plaintiff's desk, including two notarial certificates and two documentary evidence.Every time a piece of evidence is presented, it means that the factual accusation of plagiarism against the dignified dean of the Humanities Graduate School of Kyoto University has taken another step forward.The management of the various schools in the auditorium couldn't help sweating slightly.

After presenting these four pieces of evidence, Miyagawa straightened his body and said loudly, "The second set of evidence just presented by the plaintiff proves that the defendant Fujimura invited the plaintiff after the plaintiff Shimokawa started to proofread "A Tour of Eastern Lands and Repatriation to the Tang Dynasty". Participate in the establishment of scientific research projects by the Academic Promotion Committee. Among them, the college's project establishment seminar records show that the content of the meeting includes discussions on the proofreading of "Parade in the East and Sending to Tang Dynasty."

"At the same time, the evidence also shows that the defendant Fujimura is the host of the scientific research project and is responsible for the overall planning and promotion of the calibration project of "Parade in the East". It shows that the defendant Fujimura once had contact with the proofreading draft submitted by Shimokawa in the college seminar, and as the moderator of the proofreading, he continued to contact and track the proofreading results of the plaintiff Shimokawa.”

"Therefore, judging from the above circumstances, the fact that the defendant had access to the plaintiff's proofreading work already met the prerequisites for plagiarism!"

The cold word "plagiarism" echoed in the courtroom.When the words really came out of the mouth of the plaintiff's lawyer this time, it seemed so harsh.The management of the school is already under pressure, after all, this lawsuit has an extremely important impact on the reputation of the university.The evidence presented by the plaintiff just now proves that their allegations are not groundless.

Those emails and text messages may still be able to prevaricate.

However, the minutes of the meeting were unrepeatable, and it clearly stated that the college had discussed the proofreading of Tang Ji at the meeting.This indeed fully proves that Fujimura had been in touch with Shimokawa's proofreading.

The student representatives below have already scolded Fujimura in a low voice.The pressure in the court suddenly gathered on the defendant's side.

The famous professor of law on the seat looked relaxed, it seemed that the four pieces of evidence presented by the plaintiff had not affected him in any way.

Utsunomiya is confident.

This confidence does not come out of thin air.

Because, the four pieces of evidence presented by the plaintiff just now were all within his expectations.

Children are children.

Every step is in the calculation of adults.

Utsunomiya smiled coldly, then stood up, raised a few A4 papers in his hand, and said, "Just now, the plaintiff mentioned that the Graduate School of Humanities of Kyoto University had discussed the issue of sending a job at a seminar on scientific research projects held by the school." Tang Ji’s proofreading. In fact, the plaintiff’s statement seriously distorts the facts.”

Utsunomiya gently waved the A4 paper in his hand, and his smile became more sinister, "The two A4 papers I have here are the proofread drafts of the so-called Tang Ji discussed at the project establishment seminar. The sample drafts of the day-only this Two sheets of paper."

Only... just these two pieces of paper? !When Miyagawa heard this statement, his eyes opened slightly.In fact, she and Kitahara didn't know what the proofreads discussed in this seminar were like.Because Shimogawa was not invited to participate in this seminar.Shimogawa learned only afterwards from the minutes of the meeting that his proofs were discussed at the seminar.

Utsunomiya went on to say: "The college's discussion on the proofreading of Ji Tang Ji was actually limited to the style of the proofreading, and did not touch on the actual content. The so-called sample draft only extracted the first two pages of Ji Tang Ji After a little proofreading, it will be displayed in the college as a sample of the style for discussion on the format of the proofreading. It is impossible for the defendant Fujimura to come into contact with the plaintiff’s so-called proofreading works with only these two pages!"

Utsunomiya took a step forward, "The plaintiff has been trying to create a story about the defendant Fujimura as a robber who robbed the plaintiff's proofreading works. However, these claims are seriously inconsistent with the real events. Now, it is time for the defendant to represent People, present a real picture for you in the court..."

(End of this chapter)