Tokyo Barrister: Start the law firm bankruptcy

Chapter 349 Jurisdiction War (Two in One)

It was quiet in court.After all, facing the bombardment from famous law professors, this scene must be very ugly.The university management in the auditorium all smiled.Even if the plaintiff's lawyer is a rogue litigator who has successfully blackmailed a listed company, there is no way out in the face of Utsunomiya's hard power.Blackmailing university scholars will eventually pay the price.

However, at this very moment——

The corners of Bei Yuan's mouth turned up slightly, as if nothing happened.The Western jurisprudence presented by the law professor just now did not have any influence on it.

His posture is so calm, as if he is holding a weapon that can turn the tables in an instant.

There was no tension in his brows.

Like a machine without human emotions.

Looking at this scene, Utsunomiya couldn't understand why the young man in front of him was able to put on such a confident look.Is there any material that can be turned back in Beiyuan?

Utsunomiya didn't believe this.For two students who just graduated from college, being able to find out the case of Blastin v. Donaldson Lithography Company just now is already the limit of their level.How could they have searched for more useful material? !
Kitahara seemed to see Utsunomiya's confusion, and his smile became more cautious.

He took a step forward and pressed the remote control in his hand.

The projectors in the courtroom buzzed.In an instant, lines of western characters appeared on the whiteboard again.

"Chief judge." Beiyuan's voice sounded, "The plaintiff's attorney is now presenting the second Western case to the court—the Qi Murong v. Shanks case decided by the Israeli Supreme Court, Qimron V. Shanks."

Hearing the words of the plaintiff male lawyer in front of him, Utsunomiya suddenly opened his eyes wide.Come... Western jurisprudence from Israel? !how is this possible? !how can that be? !How could it be possible for two undergraduate students to have the ability to collect foreign law cases to such an extent? !
As a professor of law, Utsunomiya has been educating undergraduates.He also served as a visiting professor at the University of Tokyo and taught courses for undergraduates at the University of Tokyo.

It can be said that with teaching experience at Kyoto University and Tokyo University, he is well aware of the current level of undergraduate education.Even law students from top universities in the East are unlikely to have the ability to collect foreign law cases.

However, no matter how unwilling to believe it.

The facts in front of us are still unchangeable facts.

It just happens right in front of your eyes.

Kitahara seemed to see Utsunomiya's confusion, with a hint of contempt hidden in his smile, and said:

"The Chi Murong v. Shanks case, also known as the Dead Sea Scrolls case. About 50 years ago, a group of ancient religious manuscripts were discovered in a cave on the west bank of the Dead Sea. Written. Professor Ragnell of Harvard University collected nearly 1 fragments of the scrolls. However, due to Ragnell’s lack of knowledge of Hebrew, he invited Professor Chi Murong to participate in the recovery process of the Dead Sea Scrolls.”

"For 7 years, Professor Chi Murong undertook almost all the work of the restoration project, including matching the dossier fragments, filling in the Hebrew letters, and correcting the previous misreading by Professor Ragnell, and 121 lines of the manuscript were successfully restored. During the restoration process, the two professors once handed down copies of the restored text to some scholars for reading.”

"Among them, an editor of an archaeological journal named Shanks obtained a copy of the restored text and published it privately. Qi Murong then sued Shanks for copyright infringement."

"I would like to draw the court's attention. In this case, the Supreme Court of Israel divided the work in question into two parts. The first part, the unorganized nearly 1 pieces of Dead Sea Scrolls fragments. The second part, It is the restoration after sorting out and filling in the incomplete as much as possible.”

"Although the former is a non-copyright work in the public domain, it does not prevent the possibility of the latter obtaining copyright protection. This is like the building materials used by a construction craftsman, and it does not prevent whether the work after his construction can obtain intellectual property rights. Protect."

"The most important basis for the judgment of originality is whether we can identify the author's contribution. In other words, whether we can distinguish the author's 'finished product' from the materials needed for the 'finished product'."

"Among them, the Supreme Court of Israel held that in the process of Professor Qi Murong's restoration of the Dead Sea Scrolls, the scattered fragments collected became a complete text with substantial content and meaning. It is not just that the fragments were assembled into a At the same time, the missing part was also supplemented by Professor Chi Murong."

"In the process of restoring the Dead Sea Scrolls, each stage has different creativity. However, these stages are interdependent and inseparable. The physical shape of the fragments is matched for the next step. Reappearance. Therefore, combined with the restoration process of the entire text, there is no doubt that creative activities are contained in it.”

"That is to say, the labor put in by Professor Chi Murong is by no means a simple mechanical labor, but uses his knowledge and imagination, and chooses among various possible text splicing. Therefore, the restoration of the Dead Sea Scrolls The results are original and belong to copyrighted works.”

Kitahara immediately changed the subject, "From the perspective of this case, the judgment of the Supreme Court of Israel is very similar to the rectification of the Ji Tang Ji. The plaintiff Shimogawa's rectification of the Ji Tang Ji is also similar to the restoration of the Dead Sea Scrolls. It presents the difficult-to-read original Chinese texts in a more readable way through proofreading, annotation, and collation. Just as the plaintiff’s attorney once presented evidence in the court investigation stage, there are many choices for the way of sentence segmentation in ancient Chinese.”

"This kind of selection is just like the splicing selection of different texts in the Dead Sea Files case. According to the gist of the Dead Sea Files case, the most important thing is whether the finished product of the author's work can be distinguished from the ancient texts in the 'public domain'."

"According to the principle of judgment, my client Xiachuan's proofreading works are significantly different from the ancient editions. Not only are there punctuation and sentence breaks, but also annotations, collation and other content. Therefore, the plaintiff's attorney requests the collegial panel to refer to the judgment of the Israeli Supreme Court's Dead Sea Files case, Confirm that Shimokawa's proofreading work is copyrightable!"

Some words fell.

The court fell into an even more silent silence than before.

A whiteboard on a projection clearly shows the Israeli Supreme Court's Dead Sea Scrolls decision.

The intellectual property experts in the auditorium, without exception, opened their mouths slightly.They couldn't believe that the two young plaintiff lawyers in front of them had collected foreign law cases to such an extent.Moreover, the Dead Sea Files case seems to be very similar to Xia Chuan's Tang Dynasty Records.The throwing of this Western case can be said to be the direct detonation of a TNT explosive.

In an instant, many eyes in the court were on the dock again, watching how the defendant's lawyer would respond to such a difficult case.

Utsunomiya's eyebrows were raised high, and he quickly searched the judgment of the Dead Sea Files on his laptop, and immediately browsed.

If it is said that just now he joked that Kitahara was reading the judgment of Fest Publishing Company v. Village Telephone Company on the spot, then at this moment, Utsunomiya is doing the same thing as Kitahara just now.

It's really weird!

Why are the two little kids in front of me even able to find the court judgment in Israel? !

If, at this time, someone told Utsunomiya that what he was facing was actually a 20-member team of luxurious intellectual property lawyers, then Utsunomiya would believe it without hesitation.

The law professor's eyes quickly scanned the judgment of the Dead Sea Files case.

In less than a moment, Utsunomiya quickly stood up and said: "The collegial panel. The restoration of the Dead Sea Scrolls cannot be compared with the collation of the original Chinese texts. First, the restoration process of the Dead Sea Scrolls involves the splicing of nearly 1 fragments. In other words, The Dead Sea Scrolls themselves are not a complete manuscript. On the other hand, the text itself is already intact. There are 5 manuscripts that can be compared with each other. The splicing of the Dead Sea Scrolls does not have this at all. good conditions."

"Secondly, Professor Chi Murong's restoration of the Dead Sea Scrolls included supplementing the incomplete content. The case presented by the plaintiff clearly stated that the restored text contained content that was not in the original Hebrew manuscript. Qi Murong's opponent The incomplete part of the manuscript was filled in according to my own guess."

"That is to say, the work of the plaintiff in the Israeli case actually had a process of 'creating something from scratch'. Although Chi Murong's work was still to restore the content of the Dead Sea Scrolls, his so-called 'reconstruction' already included some a degree of creativity."

"It is this kind of creation from scratch that makes the restoration project of the Dead Sea Scrolls considered to be original. Looking at this case, the proofreading process of "Parade in the East and Sending to Tang Dynasty" did not include This kind of filling for the missing content. Although the plaintiff Shimogawa has supplemented the missing content of the proofreading version based on the content of other originals, this supplement is not the result of his personal creation, but still comes from the pre-existing ancient texts."

"Therefore, the original Chinese text in this case cannot be compared with the restoration of the Dead Sea Files. The judgment of the Israeli Supreme Court submitted by the plaintiff's agent is not for reference!"

Listening to Utsunomiya's words, Kitahara took a step forward and retorted loudly, "The key to the problem is whether we can accurately identify the author's contribution. Judging from the typesetting, collation, and sentence punctuation of Qian Tang Ji, my client's point correction The results are clearly clear and discernible. Defendant's attorney's comments on the Dead Sea Files case are inappropriate!"

Utsunomiya looked at the young man in front of him.

He really didn't expect that this Beiyuan could burst out with such a strong fighting power during the court debate stage.

But just as you have the Dead Sea Files case as a bottom-of-the-box weapon.

Utsunomiya also has a foreign case that is the last hand!

The law professor looked at the trial seat again, "Here, the defendant's attorney presents the third western case—the music score case! It happened in England and France. The party involved is Dr. Sokins. A composer's manuscript in the [-]th period, and restored the writer's music score, including changing the original score to modern score, and combined with different versions of the manuscript for correction. Later, the score was used by the music production company, claiming Kings sued the music production company for copyright infringement."

"The collegial panel should pay special attention to the views of the French court. Although the court in this case ruled that Sawkins has the copyright to the restored music score, the key factor is that in order to restore the style of the times, it added many modern players how to play the music manuscript. Note. The French court especially emphasized that if the result of the restored arrangement is strictly consistent with the composer’s work, it will only constitute a simple transformation of the original work, and cannot reflect the individual characteristics, so it cannot be protected by copyright.”

"The purpose of the judgment in the music score case is exactly the same as this case. Sokins expressed the music scores of Louis XIV's period in the form of modern music scores. This process is actually very similar to the use of modern punctuation to segment sentences in the collation of ancient books. .However, the French courts have made it clear that the project is not original."

"The defendant's attorney must emphasize again that the original text of the Tang Ji has not changed after it has been corrected. That is to say, the corrector has not injected any new tangible words into it. The Dead Sea Files submitted by the plaintiff In this case, Professor Qi Murong personally made up for the incomplete content. In the case of music scores, the restored manuscript was finally protected by the court only because Dr. Sokins added modern performance methods to it.”

"Therefore, no matter the case submitted by the plaintiff or the defendant, it can be fully demonstrated that even the work of restoring and correcting ancient works must have a creative activity of 'from scratch' in order to can make these finished products copyrightable."

"To sum up, from the perspective of Western jurisprudence, the finished product of Xiachuan's proofreading in this case obviously does not fall within the scope of protection of the Copyright Law and is not copyrightable!"

This famous professor of law has shot the last and most powerful bullet of foreign law cases in his hands.

In an instant, the situation that seemed to be favorable to the plaintiff just now was reversed by Utsunomiya.Just between the hands, the balance of power has changed.

This oriental jurisprudence authority once again showed his fierce side.

In the courtroom, the submission of Western jurisprudence presents a three-to-two situation.The defendant submitted the telephone directory case, the judgment document arrangement case, and the music score case.The plaintiffs filed the Commercial Advertisement case and the Dead Sea Files case.If you look at the number of cases, Utsunomiya is ahead.Although the Dead Sea Files case is similar to the collation of ancient books, Utsunomiya also submitted a similar music score case.

The situation in the courtroom is once again dangerous for the plaintiff...

(End of this chapter)