Tokyo Barrister: Start the law firm bankruptcy

Chapter 314 Choice
Things are not going well.

It's really not good.

Utsunomiya's brows twitched slightly. He never thought that the young man in front of him would prove the similarity between the two proofreading works from such a tricky angle.I was indeed negligent and didn't pay attention to the fundamental problem.

However, on the other hand, since I have never seen Shimokawa's proofreading, I have no way of discovering these problems.However, Beiyuan submitted more than 7000 pages of materials in advance, deliberately arranged in a messy and scattered manner, so that people could not grasp the key points he wanted to prove.

Utsunomiya looked up at the male lawyer in front of him.In a daze, he seemed to see the figure of a hunter haunting the Daxue Mountains. He was dormant there quietly, motionless, and the double-barreled shotgun in his hand was ready to fire violently at any moment when he was waiting for the prey to appear.

Previously, Utsunomiya had kept all his legal views under wraps.He has always believed that he will rely on the raid to gain great advantage in this lawsuit.

However, it now appears that the real raid in this lawsuit is actually this Beiyuan!
He didn't show the third draft revised by Xiachuan until the trial.Before that, I had never seen the manuscripts of Shimokawa's school, and all of them were based on Fujimura's report to deploy the case.

Now it seems that it is really a mistake!unwise! !

In the courtroom, Beiyuan listed one after another the phenomenon that Fujimura's Qingzhengyuan version repeatedly appeared the words of the Mustard Seed Garden's "Parade in the East and Send Tang Ji".The young lawyer demonstrated these similarities to the court with great patience and method.His words echoed in the courtroom and were torture to all Kyoto University management.

Time seemed to flow very slowly.

Beiyuan presented evidence on the plagiarism of the original book for nearly 50 minutes.These more than 300 similar words almost impeccably show that the real version on which Fujimura's school is based is the Mustard Seed Garden version, not the Qingzheng Garden version.Every time the same words scrolled across the screen, the university management sitting in the auditorium was startled.In particular, the male lawyer seemed to have sensed the emotions of the audience, and he spoke in a more deliberate and slow manner.

A sentence, like a sharp steel wire, twists slowly around the atrium of a college student, so as to push this mental tension to a higher level.

This 50-minute testimony seems to have passed a whole century for the university management.

"Above, the plaintiff's second substantive similarity, the proof is complete." Bei Yuan smiled slightly, and owed money to Judge Takanashi in the judge's seat.

Utsunomiya had a gloomy face.The moment Beiyuan's voice fell, the famous law professor immediately stood up and retorted: "The chief referee. The plaintiff himself also admitted that the number of original copies of "Parade in the East and Sending Tang Ji" is as high as seventeen. As a historian, his It is quite normal to refer to other scripts and make corrections based on a certain script when checking and correcting."

Utsunomiya was holding the "Eastern Land Tour and Repatriation to the Tang Dynasty" published by Fujimura, turned to the title page of the copyright, pointed to the text on it, and said: "The plaintiff just deliberately distorted the expression on the title page of the copyright. Indeed, the title page stated that the defendant The base of the proofreading is the Qingzheng Enben, but it does not mean that the Qingzheng Enben is the only base on which the proofreading work is based. The real meaning should be that the main base is the Qingzheng Enben.”

"Therefore, it is too normal for the similarities in the words that the defendant just said!" Utsunomiya said coldly.

Hearing the famous professor's refutation, Beiyuan immediately confronted him, "The problem is not that these corrections are based on the Mustard Seed Garden version. It is that the comparison results show that the defendant's choice of version has no way of reflecting whether it is a good idea or not. It is the Qingzheng Garden version!"

Groups of data on the projection whiteboard kept sliding, and the pie charts and bar charts confirmed, or at least seemed to confirm, the words of the Beiyuan lawyer.

Utsunomiya frowned.Since he hadn't received the third draft of Xiachuan's proofreading before, he couldn't refute these complicated comparison results on the spot.

However, he is, after all, an authority on intellectual property law in the East.After thinking for a while, he said again: "Taking a step back, even if the originals are the same, it does not meet the plaintiff's so-called plagiarism. Even if the two proofreading works choose the same original, will it constitute plagiarism? The plaintiff is obviously abusing the meaning of 'plagiarism' once!"

"The selection of the original is just an action. In this action itself, there is no expression of creation at all. May I ask, does the defendant choose the same original as the plaintiff for proofreading, which constitutes plagiarism? This is simply nonsense The case involves a work that has already entered the public domain. Shimogawa can choose the Mustard Seed Garden version for proofreading, and other scholars can also choose the Mustard Seed Garden version for proofreading. We cannot say that Shimogawa chose the Mustard Seed Garden version. If the Yuanben is verified, other scholars will no longer be able to choose the Mustard Seed Yuanben.”

Utsunomiya walked on the court, "To give a similar example, take translation. Suppose a foreign novel has a second edition and a third edition. The two editions have their own advantages and disadvantages. In this regard, some translators choose A second edition was selected for translation, and another translator also selected the second edition of the novel for translation. Could this choice be plagiarism?"

"What I want to emphasize to the court is that the plagiarism of the original copy claimed by the plaintiff is an untenable concept at all. The selection of the original copy is just a choice. It does not contain any creative factors at all. In the process of this selection, there is no originality. .It’s just an action of choice, how could it constitute plagiarism?”

"How can this selection process itself have created any words, sounds, or images? No, no new materials have been created. If this is the case, even new materials have not been produced, so how can we talk about plagiarism? "

"According to this, the plagiarism of the original copy claimed by the plaintiff is not established at all. The so-called words and phrases he cites as evidence are not related to the facts to be proved, and have no connection with the purpose of the proof!"

Utsunomiya's sharp refutation came like a rolling wave.In less than a moment, he was able to make such a legal discourse to fight back, which incomparably demonstrated the extremely profound legal background of this famous professor.The title of the vice president of the Oriental Intellectual Property Law Society is by no means a vain name, but has real materials.

Above the court, the two figures confront each other.

One is a young lawyer who just graduated from Toyo University, and the other is an authority on Toyo law.

These two people, who seemed to have very different status, collided fiercely in today's court trial.

(End of this chapter)