The world is often so ironic, with many subtle and coupled connections. Fujimura wants to use the success of the "Eastern Land Parade" project to apply for an honorary special professorship at Kyoto University. At this moment, it is precisely this project that is being chaired

The person's project status can actually prove that Fujimura has the possibility to come into contact with Shimokawa's works.

"Chief referee." Utsunomiya immediately stood up and retorted, "The plaintiff is deliberately distorting the standard of proof for determining contact."

To be honest, the lawyer named Kitahara in front of him was a bit beyond Utsunomiya's imagination. He did not expect that this newly graduated student with zero practical experience could actually know the "contact" in "contact is substantially similar", and

The fact of actual contact is not necessarily required, only the possibility of contact is required.

For a layman of copyright law, knowing this is surprising enough.

However, just doing this is not enough!

Utsunomiya said, "The standard for proving the possibility of contact is essentially floating. According to Supreme Court precedent No. 568, Daika 36, ​​the standard for proving the possibility of contact is related to the degree of similarity of the work, and is not a fixed

Standard. The higher the degree of similarity between two works, the lower the standard for proving the possibility of contact. The lower the degree of similarity between two works, the higher the standard for proving the possibility of contact."

"Therefore, the plaintiff only raised the second set of evidence to prove the possibility of contact, which failed to achieve its purpose of proof. It must be judged based on the degree of similarity between the two works."

Utsunomiya's words immediately turned the problem into a "loop".

What this famous law professor said is not wrong.

For example, a person accuses another person of plagiarizing his paintings. If the two paintings are almost identical, then even if there is no strong evidence to prove that the latter has come into contact with the former's paintings, it will be inferred that the infringer has been based on too similar details.

Have come into contact with plagiarized paintings.

However, if there are huge differences between the two paintings, such as composition, light and shadow, light, etc., then the court will require the former to provide more evidence to prove that the accused plagiarist has indeed touched his

work.

As a result, proving the possibility of contact must rely on proving the similarity between the two works.

The key points of the evidence are all condensed into one point.

Looking at Utsunomiya's arrangement, Kitahara couldn't help but raise the corners of his mouth slightly. Utsunomiya was really confident, and it seemed that he wanted to fight a battle of annihilation and complete his victory in one battle.

This style of play is dangerous.

Because, if we fail to prove the substantial similarity, it would be equivalent to proving the possibility of contact by the way.

However, on the other hand, this also shows that Utsunomiya does not want to have too much entanglement with him about the possibility of contact. Because Fujimura did indeed invite Shimokawa to join the cast of "Eastland Parade"

Scientific research project. If there is a lot of discussion on this point, it will have an adverse impact on the judge's evidence and make the judge really think that Fujimura has read Shimokawa's edited works.

It is estimated that Utsunomiya had this idea, so he chose this defensive method.

Since the evidence of "contact" has also been reduced to "substantial similarity".

Then, the next step is to prepare evidence to prove "similarity".

This is also the most important and controversial part of this lawsuit.

Beiyuan sat in his seat, taking advantage of this short gap to rest for a moment, squeezing his brows, and preparing for the fierce battle that was about to happen. After all, the many fatigue interrogations in the detention center some time ago still took a toll on himself to some extent.

had an impact.

At this moment, Judge Takanashi was flipping through the evidence book on the bench. According to the evidence catalog, the plaintiff was now ready to present evidence to prove the similarity of the two edited works. Judging from the evidence catalog, the plaintiff submitted a large amount of materials. She then looked at

On the seat beside him were a dozen thick volumes of comparative reports, analyses, and illustrations. This amounted to more than 7,000 pages of proof materials.

"Plaintiff's attorney," Judge Takanashi said, "The collegial panel has noticed that you have provided a lot of supporting materials on substantively similar evidence, as many as 7,000 pages. However, in view of the fact that during the trial, it cannot be

To elaborate on such a huge amount of material one by one, please explain the key points that the collegial panel should pay attention to. You can make some preparations and then give evidence."

Miyagawa nodded, holding a pen in her hand, and immediately took notes on the document paper. She and Beihara had already determined the key parts of the evidence to be presented in advance, and now they immediately took advantage of the extra preparation time to become familiar with and polish it again.

Waiting for the content of the evidence.

Utsunomiya looked at the scene with a sneer. No matter how much material was submitted, it would never be used. It is easy to prove that there are similarities in the proofreading of the two ancient books, but the problem is how to prove it?

There is no doubt that most of the similarities are destined to be punctuation marks.

Therefore, the major issue in the proof must be to determine the scope of similarity and whether punctuation marks need to be included.

This is definitely a win-win game, Utsunomiya thought.

A very simple truth - the object protected by copyright law must contain original content. However, the punctuation marks themselves only serve as sentence breaks and lack any so-called originality in them, so they cannot become authors.

The object of protection under copyright law.

The young man on the opposite side lost from the beginning.

There is absolutely no way they can get support from the courts.

If it is true that even punctuation marks can be protected by copyright law, then we might as well burn all the intellectual property law textbooks and legal works in the world.

Could such an extremely ridiculous thing happen?

If it really happened, it would be that the sun rises from the west and the apples no longer fall to the ground, but fly into the sky.

All of this famous professor's past research experience in intellectual property law told him that the plaintiff's claim was absolutely impossible to establish.

The spectators in the gallery couldn't help but become nervous when they heard the judge say that the next matter to be presented is about substantial similarities. Whether it was the student representatives who sympathized with Shimokawa or the university's management, they were all paying attention.

He looked at the scene. For ordinary people, proving whether plagiarism is established or not depends on whether there are "same" places. However, what is special about this case is that those "same" places are punctuation marks.

symbol.

In the end, how will the lawyers on both sides argue this issue next?

And how will the judge view this issue?

The atmosphere in the air becomes more and more tense and solemn. This is the unique depressing atmosphere before the real war breaks out. The mood at this time is like a soldier holding a gun and standing in the trench before the battle begins.
Chapter completed!