Tokyo Barrister: Start the law firm bankruptcy

Chapter 353 Dichotomy of Thought Expression

Utsunomiya never thought that Kitahara's analysis of concepts could reach such an astonishing level.Originally, he thought that launching an attack from the perspective of "author's intention" would be able to completely end the opponent.But I never imagined that this young man still had the strength to resist, and he could make such a provocative sophistry.

The two judges on the side of the referee's seat, originally nodded slightly because of Utsunomiya's argument just now, but now they heard Kitahara's rebuttal again, and their faces showed expressions of being lost in thought.On the surface, Utsunomiya's argument is very difficult to reject.However, the question raised by Kitahara cannot be ignored.There is indeed no way to know the original meaning of ancient books in the so-called objective sense.

Utsunomiya saw the change in the judge's expression, and couldn't help feeling even more annoyed.

The plaintiff's lawyer in front of him was like a very annoying mosquito, constantly making "buzzing" sounds, disturbing the tranquility.

Still holding on, refusing to surrender.

The famous law professor decided to use his trump card to completely end the court debate.

Utsunomiya opened his mouth and said: "The plaintiff's attorney is the sophistry. Indeed, although we cannot know what the original meaning of the ancient book is in the objective sense. However, not knowing does not mean that something does not exist. We cannot know the original meaning of the ancient book. It does not mean that the original meaning of ancient books in the objective sense does not exist.”

"When the proofreading results of the proofreaders are consistent with the original meaning of the ancient books in the objective sense, they become the discoverers of the facts. However, objective facts are not the object of copyright law. Therefore, the proofreading results do not belong to the copyright law scope of protection."

Utsunomiya paused.For example, the continuous firing of the barrel also needs cooling time.

During the tens of seconds of this pause, a more ferocious attack plan was organized in the mind of the law professor.I saw him continue to say:
"Collegiate panel. The fundamental principle of copyright law is the dichotomy of expression of thought."

【Dichotomy of thought expression】

[The dichotomy of expression of thought is an important legal principle of copyright law.That is, copyright law does not protect abstract ideas, such as theories, operating methods, ideas, ideas, concepts, etc. On the contrary, copyright law only protects expressions presented in tangible forms such as words and music]

"The defendant's attorney does not deny that the plaintiff Xiachuan put a lot of effort into the proofreading process, and incorporated his own professional knowledge and judgment in the process. However, the collegial panel should note that although a proofreading work can reflect The historical knowledge and academic level of the school checker."

"However, these so-called manifestations of professional level all belong to the category of thought. The key foothold is whether the author has formed his own personalized expression in the process of creation."

"So, the real key question is whether the so-called personalized expression can be formed in the proofreading of ancient books."

Above the court, Utsunomiya is constantly trying to guide the solution of the problem to a position that is beneficial to him.Every step of the law professor's deduction is completely natural and logical, making it impossible for people to refuse his guidance.

"Just now, I have proved that the plaintiff's agent's statement is sophistry. We don't know the original meaning of the ancient book, but it doesn't mean that the original meaning of the ancient book does not exist."

"Therefore, to answer this question, whether ancient books can be collated and collated can form the so-called individualized expression, we must first look at the situation after the collation of ancient books is completed. There are only two situations in the result of collation of ancient books. The first situation , the proofreading of the ancient books coincides with the original meaning of the ancient books. In the second case, the proofreading of the ancient books deviates from the original meaning of the ancient books.”

"In the first case, when the correction of the ancient book is exactly the same as the original meaning of the ancient book, this situation is only a discovery of facts, without the author's personal expression in it."

"So, what about the second situation? When the correction of ancient books deviates from the original meaning of the ancient books, it can indeed produce a personalized expression to a certain extent. However, please pay attention to the collegial panel, this is a wrong expression."

Utsunomiya's voice echoed in the courtroom.

The words "wrong expression" seemed to tear apart a corner of the plaintiff's offensive line in an instant.

The famous law professor looked at the trial seat and raised his voice, "Please pay attention to the collegial panel. If the ancient book collation can really be protected by the copyright law, what kind of absurd result will happen? When the ancient book collation is consistent with the original meaning of the ancient book At this time, the "correct" proofreading result cannot be protected, because the proofreader only discovered the facts at this time. When the proofreading of ancient books is inconsistent with the original intention of ancient books, although the proofreader's personalized expression is formed, it is subject to However, this kind of correction is, in the final analysis, a wrong kind of correction.”

"That is to say, the correct rectification cannot be protected, but the wrong rectification can be protected instead. May I ask whether this legal incentive mechanism can make the ancient book rectification business develop in a real and healthy way? What the law should have The righteousness should be to reward those who do the right things and punish those who do the wrong things. But once the rectification of ancient books is included in the protection of the copyright law, there will be completely opposite absurd consequences.”

"To sum up, even if the collation of ancient books can form a personalized expression that belongs to the author alone, this kind of personalized expression can only be formed when it deviates from the original meaning of ancient books. This so-called personalized expression is really a mistake. Expression. The copyright law should not encourage mistakes. Therefore, ancient book counting must not be included in the scope of protection of the copyright law. The above arguments, I hope the collegial panel will consider it!"

Utsunomiya once again threw out some heavyweight arguments.

The intellectual property law experts present were shocked.It is indeed a great authority on Oriental law.This legal professor uses the judgment consequences of the case to tell the judge what kind of judgment should be made.Especially personal expression about ancient books is really a wrong expression, so it should not be encouraged.This is simply an unassailable argument that cannot be rejected.

Above the court, the largest caliber artillery from the defendant has been fired.

The sudden billowing dust waves, as well as the huge roar of the launch, have already announced the fate of those who were bombarded.No more need to witness the horror of the explosion.Under the devastation of this cannon fire, no one will survive.

This is the law.

This is the cruelty of intellectual property lawsuits.

Many people present looked at the plaintiff's seat with sympathetic eyes.Indeed, the young man on the opposite side has worked very hard.However, this is impossible.The strength gap between the two sides is too great.How could two fledgling young people defeat the great authority of Eastern law.Professor Utsunomiya on the opposite side is an insurmountable wall.

(End of this chapter)