Chapter 75 Sophistry
When Utsunomiya heard this sudden rhetorical question, his expression froze and he immediately said: "Of course not! My previous cross-examination opinion has stated that there are only a few ways to segment the segments, and they do not constitute the so-called identity."
The corners of Kitahara's mouth turned up slightly, ""Just now, the defendant's attorney said that dividing paragraphs does not constitute plagiarism. Regardless of whether this view is reasonable or not, but in terms of the logic of its argument, it is pure sophistry. Professor Utsunomiya's opinion
, completely ignoring the so-called 'similarity', which is supported by several similar details."
Beiyuan turned around and walked a few steps into the courtroom, waving his hands and making gestures, "For example, when we say that two patterns look similar, it is often because of the color, composition, perspective, light, shadow, etc.
A series of factors are superimposed together. Therefore, we have the feeling that the two patterns look similar."
"We can simply use Professor Utsunomiya's logic to demonstrate, and we can understand its absurdity. For example, regarding the use of color, we can say according to Professor Utsunomiya that the use of color does not belong to the work at all.
The scope of protection of copyright law. Why? Because just the arrangement and use of colors is not a so-called creative activity. Does it mean that if I paint a rose red and someone else uses red, it will constitute plagiarism?
"For another example, from the perspective of perspective, do I choose to create paintings from this perspective to prohibit others from painting from the same perspective? Similarly, from the perspective of composition, do I place an object
Being in the center means that others are prohibited from placing this object in the center?”
"According to the logic of the defendant's attorney, it means that all copyright infringement activities will no longer be established. Because if you take out any single factor and look at it separately, you will find that it does not constitute infringement. We can even claim that
"The so-called painting is just a rearrangement of various lines. Is there any infringement in this rearrangement of lines?"
"This is the sophistry of the defendant's attorney just now. In fact, the so-called similarity must be the overall similarity, that is, the overall perception formed by the combination of several factors."
"The defendant's attorney intentionally separated the division of paragraphs from the whole editing activity of ancient books, which is completely incorrect."
"The question is not whether dividing paragraphs per se constitutes so-called plagiarism. The question is, when we consider paragraph dividing as one of many factors, whether we can conclude that the plaintiff's and the defendant's proofreading are similar overall.
perception. This is the problem we really want to solve.”
Kitahara looked at Utsunomiya in front of him and took another step forward, "Therefore, what is important is not the division of the paragraphs themselves, what is important is whether the similarity of the divisions of the paragraphs can enhance the similar look and feel of the two edited works!"
A neat and tidy disassembly.
Utsunomiya's argument just now was completely shattered.
So much so that even a judge on the stage nodded slightly.
Utsunomiya couldn't believe what was happening in front of him. He wanted to refute again, but it was like a cannon that had misfired and could no longer make a sound.
Especially when Utsunomiya noticed the nodding expression of a judge on the stage, it felt more like he had been punched hard in his heart.
It was obviously the Beiyuan in front of him who was engaging in real sophistry.
Dividing into paragraphs... How could dividing into paragraphs be plagiarism? If so, then it would be better to burn the copyright law altogether.
However, Utsunomiya had no way to refute it. He found that as long as he followed the young male lawyer's logic, it would inevitably lead to the conclusion he just made. But he...he couldn't find a logical flaw to break through it.
Yes, such a ridiculous point of view.
But he couldn't refute it himself.
Why?
Why exactly?
Utsunomiya even felt a sense of insanity, so much so that he began to doubt the authenticity of the scene just now. A completely absurd point of view was placed in the court, and it was able to win the approval of the judge. This is simply like
A glass bottle without oxygen, but the match placed inside continues to burn.
It's obviously impossible.
But it happened right before our eyes.
Why can matches burn even though there is no oxygen?
This was probably how Utsunomiya was confused at this time. He seemed to feel a fog surrounding him, unable to clearly see the scene in front of him.
Utsunomiya has more than twenty years of practical experience in the field of intellectual property. At this level, basically as long as a case comes to his hands, he can judge the probability of winning or losing the case in court.
It's almost like ten.
Now, this was the first time he felt that the direction of this case was unclear.
He actually felt a hint of uncertainty.
How long has it been since I experienced this feeling in an agency case?
At this time, the faces of the university management in the auditorium had turned pale. Of course, the reason why they were panicking was not because they felt that Fujimura had really plagiarized Shimokawa, but because they had seen that even in such a blackmail-type
Litigation actually seems very convincing on the surface.
It would be simply too bad if the reputation of a dignified university could be damaged by such unwarranted intrusive litigation, which would encourage more people to challenge the authority of the university.
The management's logic is simple.
That is, there is no need for a dean of the Graduate School of Humanities to plagiarize the work of an associate professor. There must be some degree of misunderstanding or coincidence. The entire lawsuit must be a result of Shimokawa's failure to obtain tenure and the impact on the university.
An act of revenge.
The way of thinking of university figures who are immersed in management positions has long been used to looking at everything from the perspective of power struggle. The merits of the matter itself are not important, what is important is whether it can be explained from the perspective of power struggle.
Anything that harms one's power is wrong; anything that can maintain one's power is right.
This is the view of right and wrong based on power.
This is a thinking model forged by decades of ups and downs in university career.
As for moral right and wrong, does it matter?
unimportant.
Because morality is just a fig leaf for the powerful.
Morality is the request of the powerful to the powerless.
The court once again experienced a long period of silence. Judge Takanashi on the bench also gave his former mentor enough time to think. But after several minutes, there was still no response from the dock.
Yes, this authority on Eastern jurisprudence was forced to be at a loss for what to do in court for the first time.
"Does the defendant's attorney have any other comments?" Judge Takanashi finally asked.
Utsunomiya gritted his teeth. Even though he was reluctant, at this moment, he had no other choice. Utsunomiya said: "The defendant's attorney insists on the cross-examination opinion just now. There are still legal opinions to be issued regarding the rebuttal of its proving purpose.
Leave it to the debate stage before making any further claims.”
A response without any substantive content.
This is like raising a white flag.
This is the first time Utsunomiya has given in.
Chapter completed!