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Chapter 94 A fatal blow

Utsunomiya's rebuttal was like a dense hail of bullets, making people breathless. This great authority in Eastern jurisprudence once again demonstrated his extremely profound legal skills.

He looked at the two young men in the plaintiff's seat in front of him, raised his head slightly and raised his chin.

This counterattack is not enough.

We must make you feel completely desperate and make you understand that litigation in the field of intellectual property is definitely not an area that you two children can get involved in as a joke.

Next to him, Ikegami looked at the change in Utsunomiya's expression and knew that the law professor was already immersed in the pleasure of killing his opponents. He couldn't help but lean on the back of the chair comfortably and threw a sarcastic message towards the opposite side.

A look with meaning. Beiyuan, you too have today.

Chishang showed a gloating smile, ready to enjoy the next good show.

Utsunomiya took another step forward.

He decided to let this lawsuit be completely buried here.

Here, the plaintiff was completely defeated.

Utsunomiya pressed the remote control in his hand, and the whiteboard next to the dock flickered again, and new lines of Western text appeared again.

In the blink of an eye, the law professor presented a second Western case to the court.

"President," Utsunomiya said, "Here, the defendant's attorney also draws the collegial panel's attention to the case of LexisNexis Inc. v. West Publ'g Co. of the Second Circuit Court of Appeals for the Federal Court of Appeal, namely Matthew Bender & Co. v. West Publ'g Co.

One case.”

“In this case, Wanlu Group and LexisNexis are both legal database companies.”

"One of Wanlu Group's business operations is to organize the judgment documents issued by the Federal Supreme Court and the Court of Appeal. The content included in the collection includes case outlines, summaries, and digital representations of key paragraphs. At the same time, Wanlu Group also organizes court,

The parties, the date of the judgment and other information have been supplemented and detailed, and even information on the official lawyers provided to the parties is included."

"Wanlu Group also provided additional explanations on the subsequent procedural developments of the case, such as retrials and other matters. At the same time, it also adjusted the precedents cited in the court's judgments in informal formats and revised the format to the standard citation format. Wanlu Group

After sorting out the judgment documents according to the above-mentioned process, they will be copied to CDs for external sale."

"LexisNexis copied the contents of Wanlu Group's CD. The latter two had a dispute over copyright issues. LexisNexis then went to court to request confirmation that its actions did not infringe Wanlu Group's copyright."

Utsunomiya looked sideways at the whiteboard beside him and continued calmly, "In this case, the Federal Second Circuit Court ruled that LexisNexis did not infringe the copyright of Wanlu Group."

On the whiteboard, the judgment of the Second Circuit Court is clearly displayed:

【The district court did not clearly err in concluding that the elements of West's case reports that HyperLaw seeks to copy are not copyrightable. The judgment of the district court is affirmed】

[The district court’s view that the Wanlu Group case report is not copyrightable is not obviously wrong. Its judgment is upheld]

Utsunomiya's smile became even more proud, "In this case, the Second Circuit Court held that Wanlu Group's arrangement of the judgment documents, including the so-called additions and supplements of factual information, essentially came from other judicial documents.

Coupled with the inevitable work process of the legal industry, Wanlu Group’s activities in compiling court judgment documents are obvious, typical, and lack the most basic creativity. Therefore, Wanlu Group’s compilation of court judgment documents is not copyrightable!”

The law professor looked at the three judges on the stage and said, "Please pay special attention to the circuit court's standards for creativity in this case. Any rearrangement or addition of information to previously existing facts will not be copyrightable.

Unless the compilation itself is original, copyright law does not protect the discoverer of the facts!"

“The reason why the circuit court believed that Wanlu Group’s compilation lacked originality is that anyone engaged in the legal industry, if he started to sort out judgment documents, would inevitably make almost the same selection of information as Wanlu Group!”

Utsunomiya seemed to have caught a weapon that could kill the opponent, and his whole body seemed to be more excited than ever at this moment.

"Everyone! In this case, the collation of ancient books is very similar to the compilation of judgment documents! Wanlu Group has supplemented and improved the information about the parties involved in the judgment documents. Shiachuan also reviewed the history involved in the Records of the Tang Dynasty.

Character information has been supplemented.”

"Wanlu Group provided a background explanation of the subsequent procedural development of the case. Xiachuan also supplemented the background of some historical events in the Records of the Tang Dynasty by citing historical materials."

"Wanlu Group adjusted the format of the court's citation of precedents, while Xiachuan adjusted and added the sentence readings of Qian Tang Ji."

"The court's judgment documents belong to the public domain of copyright. The original Chinese texts also belong to the public domain of copyright."

"The above similarities can completely prove that Xiachuan's proofreading activities lacked the most basic level of creativity. Especially in the proofreading activities of ancient text fragmentation. The form of sentence fragmentation is extremely limited, and later ancient book proofreaders used a large number of

Every place will inevitably make the same adjustments as Xiachuan."

"Based on this, the defendant's attorney requested the collegial panel to refer to the case of LexisNexis Inc. v. Wanlu Group to deny the copyrightability of Xiachuan's diary. Even if it is assumed that the defendant's Qian Tang Ji is similar to the plaintiff's diary, it does not constitute a work.

Plagiarism in the legal sense!”

Utsunomiya's voice filled the courtroom.

The second Western case law presented by the law professor was like a deadly steel cannon exploding at this moment. The heavy black cannonballs slammed directly towards the plaintiff's bench, as if to completely destroy the two figures sitting on it.

Crushed into pieces. A huge wind wave seemed to appear in the court, sweeping away everyone present.

Some intellectual property experts and lawyers sitting in the gallery could not help but admire Utsunomiya's research on copyright law. Various Western cases were like treasures in his hands, and they could be used to dismantle them in the blink of an eye.

Opponent's offensive perspective.

A lawyer of this terrifying level has both rich practical experience and profound legal knowledge. He is like an invincible mountaintop above the court.

Many people's eyes fell on the two attorneys on the plaintiff's bench. They were so young that their faces seemed childish. There was no way they could win this lawsuit against Kyoto University.

At the stage of proof, the situation seemed to be evenly matched, but after entering the court debate, it showed a one-sided overwhelming trend.

A great professor is a great professor.

Young lawyers who have just graduated are young lawyers.

The two cannot be equated.
Chapter completed!
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