Tokyo Barrister: Start the law firm bankruptcy

Chapter 350 Deduction
In the courtroom, the young plaintiff male lawyer did not press the remote control in his hand again.Apparently, the plaintiff has run out of ammunition except for the two Western law cases presented earlier.Facing the attack from the authority of law, the two plaintiff lawyers were like cavalry rushing to the machine gun position, tragic and tragic.

Imanishi sat in the public gallery, staring at this kid.Although it is indeed a pity that this scene happened-of course, I mainly feel sorry for my daughter, but there is no way to do it.After all, the field of intellectual property is too deep.It's pretty good for two young people to be able to do this.

The objective strength gap lies here.

In retrospect, Imanishi thinks his judgment was correct.Even though in the court investigation stage, this kid can still fight back and forth with Utsunomiya on the surface, but in the court debate stage, he can only be slaughtered by the opponent.

next second.

The young male lawyer turned his back and walked towards the dock.In the eyes of everyone in the court, this is a symbol of defeat and surrender.Bei Yuan stood in front of the seat, flipping through the information on the desktop.

However, at this moment, Imanishi's eyes caught a detail.The young male lawyer turned his back, and almost everyone in the courtroom couldn't see his expression.In an extremely short moment, the corners of his mouth slightly raised.It was like a big hyena meal was placed in front of him, ready to enjoy.

He smiled.

The guy named Beiyuan laughed again.

Seeing the expression on Bei Yuan's face, Imam was taken aback for a moment.However, after being stunned for a few seconds, his heart trembled again.The horrible memories of the Kawamoto Expressway case flooded my mind again.

This boy named Beiyuan was very good at showing his weakness first, and after luring his opponent into the trap, he suddenly launched an attack.

Could it be... Could it be that he wants to repeat the old trick again? !
Imanishi looked at the figure in the courtroom in disbelief.Or does this case have the same blind spots as the Kawamoto Expressway case? !Thinking of this possibility, Imanishi's eyes widened slightly.

If you dare to play this technique in front of a great authority in a field, the risks and consequences are equivalent to dancing with wolves in the wilderness and living in the same room with tigers!
Bei Yuan casually flicked through the documents on the desktop, and the smirk on his face quickly subsided, and he returned to normal.He turned around flatly, looked at the defendant's lawyer opposite and said:

"In addition to submitting Western law judgments, the plaintiff also claimed that Shimokawa's proofreading work constitutes a derivative work under the Copyright Law."

【Deductive works】

[The so-called deductive works refer to new works produced by adapting, translating, annotating, organizing and other activities on the basis of existing works.For example, you translated "Romeo and Juliet" into Chinese.So although "Romeo and Juliet" itself is no longer protected by copyright, its translation will constitute a so-called "derivative work" and be protected by copyright]

"According to the relevant provisions of the Copyright Law, Shimogawa's proofreading of "A Tour of Eastern Lands and Repatriation to the Tang Dynasty" belongs to the activities of annotation and collation stipulated by the law. Considering the proofreading of the original Chinese texts, scholars need a very high professional level. Very Ordinary people can do it. The very existence of this threshold already shows that Chinese language checking is not a mechanical and repetitive labor.”

"At the same time, each scholar's degree of mastery of historical knowledge and ancient Chinese characters is different, as well as the amount of materials accumulated in their hands, which will also show different results of checking. This point can also prove that the results of checking Chinese characters can show personal Stylized features."

"According to this, the plaintiff Xiachuan's revision of "A Tour of Eastern Lands and Repatriation to the Tang Dynasty" is a derivative work stipulated by the Copyright Law and should be protected by law!"

On the court, the young man switched angles again.

From an outsider's point of view, this is a sensible approach.When the debate on academic theory and precedents cannot outperform the great professor in front of you, then the best strategy is to return to the statute law and start a positional battle closely around the provisions of the law, rather than obsessing over the need for a high degree of theoretical knowledge reserve case battle.

When Utsunomiya heard that Kitahara in front of him talked about the interpretation of works, he couldn't help but sneered a little.To be honest, just now, when he threw out the music score case as the last offensive ammunition, he was worried that the young man opposite would press the remote control again and present a third case.

His breathing even paused for a moment.

As a result, no.

It is their limit to be able to search for the jurisprudence of the Supreme Court of Israel.

In this way, Utsunomiya breathed a sigh of relief in a sense.

Indeed, the young man in front of him was already considered the most outstanding group of students in the East.However, in the face of the rich experience and theoretical research that has been accumulated over time, it is still immature.

As for the opponent's attack from the perspective of interpreting the work, how could Utsunomiya not have thought of this.

The law professor sneered, "Chief judge! Adding punctuation does not belong to the so-called tidying up. The so-called tidying up refers to the systematic and systematic processing of existing written works or materials with scattered content and unclear levels. In this case The "Eastern Land Tour and Repatriation to the Tang Dynasty" does not have fragmented content and unclear levels. On the contrary, its original version is clearly identifiable after it is preserved. Sentences need to be punctuated according to the meaning of the Chinese text. Moreover, the existing records of sending Tang Ji to the Tang Dynasty even contain ancient sentence readings.”

It seemed that Utsunomiya wanted to take advantage of the power of Cai Cai to ruthlessly squeeze the two young people in front of him. He then raised his voice and said, "Whether the ancient prose after adding punctuation is a deduction or not depends on whether a new expression has been formed. .”

"First, the works with punctuation marks are just extra punctuation marks. Punctuation marks are not words in themselves, and they do not have any ideological content inside. Therefore, the addition of punctuation marks is not creation, and does not produce any new content expression."

"Secondly, the so-called adding punctuation is not added in a whimsical way. It is to make it easier for us modern people to read the original Chinese classics, so we added modern punctuation marks and marked them where there should be pauses in ancient books."

Utsunomiya paused slightly, as if holding a powerful weapon in his hand, ready to fire it again on the court.

He amplified his voice again, "I would like to ask the plaintiff's lawyer. In ancient times, although there were no punctuation marks in the ancient books, when the ancient Han people read books without punctuation marks, they would still stop at the place where they should stop. In other words, Invisibly, they still follow a system similar to modern punctuation. So now, we have added modern punctuation where these ancients should have been disconnected. In fact, it has not changed the expression of the original work, nor has it produced new expression. Therefore, Shimogawa’s proofreading is by no means a derivative work under the Copyright Law.”

"Among them, the most obvious and direct argument is - if an ancient Han came to the court today. He has the ability to read ancient books and read sentences. Then in the eyes of this ancient Han, adding punctuation There is no substantial difference between the Ji Tang Ji and the Ji Tang Ji without punctuation. Both are consistent in content. This consistency just proves that the plaintiff Xiachuan’s counting activities do not have any originality!”

"To sum up, the plaintiff's attorney invoked the provisions of the Copyright Law to claim that Xiachuan's proofreading constitutes a derivative work, which is actually groundless in law! It should be denied!"

(End of this chapter)