The courtroom was very quiet. After all, faced with the bombardment from famous law professors, this scene must be very ugly. The university management in the auditorium all smiled. Even the plaintiff's lawyer had successfully blackmailed a listed company.

Although he is a rogue litigant, he has no way to escape in the face of Utsunomiya's hard power. Those who blackmail the university will eventually pay the price.

However, at this moment——

The corners of Kitahara's mouth were slightly raised, as if nothing had happened. The Western jurisprudence presented by the law professor just now had no impact on him.

His posture was so calm, as if he was holding a weapon that could turn the tables in an instant.

There was no tension visible between his brows.

Like a machine without human emotions.

Utsunomiya looked at this scene and couldn't understand why the young man in front of him could still show such a confident look. Could it be that Kitahara still hides any material that can turn the tables?

Utsunomiya didn't believe this. For two students who had just graduated from college, being able to find out the case of Bresten v. Donaldson Lithography Company was already the limit of their level. How could they possibly search for more?

Useful material?!

Kitahara seemed to notice Utsunomiya's confusion, and his smile became more cautious.

He took a step forward and pressed the remote control in his hand.

The projector in the courtroom buzzed. In an instant, lines of Western text appeared on the whiteboard again.

"Chief Judge." Beihara's voice sounded, "The plaintiff's attorney now presents to the court the second Western case - Qimron V. Shanks, the case decided by the Israeli Supreme Court."

Hearing the words of the plaintiff's male lawyer in front of him, Utsunomiya suddenly opened his eyes. Come on... Western precedents from Israel?! How is this possible?! How is this possible?! The ability of two undergraduates to collect foreign legal precedents,

How could it possibly reach this point?!

As a law professor, Utsunomiya has been educating undergraduates. He has also served as a visiting professor at the University of Tokyo and taught courses for undergraduates at the University of Tokyo.

It can be said that with teaching experience at Kyoto University and Tokyo University, he is well aware of the current level of undergraduate education. Even law students from top universities in Japan will never have the ability to collect foreign legal cases.

However, no matter how reluctant you are to believe it.

The facts before us are still unchangeable facts.

It just happened before our eyes.

Kitahara seemed to see Utsunomiya's confusion, there was a hint of contempt hidden in his smile, and he said:

"Chimurong v. Shanks, also known as the Dead Sea Files case. About 50 years ago, a batch of ancient religious manuscripts were discovered in a cave on the west bank of the Dead Sea. These manuscripts were all written in extremely rare Hebrew

Written by Professor Ragnell of Harvard University who collected nearly 15,000 fragments of the archives. However, due to Ragnell's lack of knowledge of Hebrew, he invited Professor Qi Murong to participate in the restoration process of the Dead Sea Archives."

"For seven years, Professor Qi Murong undertook almost all the work of the restoration project, including matching file fragments, filling in Hebrew letters, and also correcting Professor Ragnell's previous misreadings, and

121 lines of the manuscript were successfully restored. During the restoration process, the two professors circulated copies of the restored text to some scholars for reading."

"Among them, an archeology magazine editor named Shanks obtained a copy of the restored text and published it privately. Qi Murong then sued Shanks for copyright infringement."

"I would like to draw the attention of the court. In this case, the Israeli Supreme Court divided the work involved in the case into two parts. The first part is the nearly 15,000 fragments of the Dead Sea Archives that have not been sorted. The second part,

It is the restored original after sorting it out and filling in the imperfections as much as possible."

"Although the former is a non-copyright work in the public domain, it does not prevent the latter from obtaining copyright protection. This is like the building materials used by a construction craftsman, which does not prevent him from obtaining intellectual property rights for his completed works.

Protect."

"The most important basis for judging originality is whether we can identify the author's contribution. In other words, whether we can distinguish the author's 'finished product' from the materials required for the 'finished product'."

"Among them, the Israeli Supreme Court held that in the process of Professor Qi Murong's restoration of the Dead Sea Archives, the scattered fragments collected were gathered into a complete text with substantial content and significance. It was not just the individual fragments that were assembled and assembled into a complete text.

At the same time, the missing parts were also supplemented by Professor Qi Murong."

"In the process of restoring the Dead Sea Scrolls, although the creativity of each stage is different. However, these stages are interdependent and inseparable. The physical shape of the fragments is matched in order to further interpret the text's meaning.

Reappearance. Therefore, looking at the restoration process of the entire text, there is no doubt that creative activities are contained in it."

"In other words, the labor that Professor Qi Murong put in was by no means simple mechanical labor, but he used his knowledge and imagination to choose from various possible text splicings. Therefore, the restoration of the Dead Sea Archives

The results are original and belong to copyright-protected works."

Kitahara immediately changed the subject, "As far as this case is concerned, the Israeli Supreme Court's jurisprudence is very similar to the collation of the Records of the Dispatch to the Tang Dynasty. The plaintiff Shimokawa's collation of the Records of the Dispatch to the Tang Dynasty is also similar to the restoration of the Dead Sea Files.

Through proofreading, annotation, and collation, it presents the difficult-to-read Chinese original text in a more readable way. Just as the plaintiff's attorney once gave evidence during the court investigation stage, there are many choices for the way to segment ancient texts."

"This choice is just like the choice of splicing different texts in the Dead Sea Files case. According to the ruling gist of the Dead Sea Files case, the most important thing is whether the finished product of the author's work can be distinguished from ancient texts in the 'public domain.'"

"According to this judgment principle, my client Shimokawa's edited work is significantly different from the ancient version. It not only contains punctuation and sentence fragmentation, but also annotations, collation and other contents. Therefore, the plaintiff's attorney requested the collegial panel to refer to the judgment of the Israeli Supreme Court on the Dead Sea Files case

, confirm that Shimokawa’s proofreading works are copyrightable!”

A few words fell down.

The court fell into an even silent silence than before.

The whiteboard on the projection clearly shows the Israeli Supreme Court's decision in the Dead Sea Files case.

All the intellectual property experts in the auditorium, without exception, opened their mouths slightly. They couldn't believe that the two young plaintiff lawyers in front of them had reached such an extent in collecting foreign legal precedents. Moreover, the Dead Sea Files case and Shimokawa

It seems to be very similar to the "Report to the Tang Dynasty". The throwing out of this Western case can be said to be a direct detonation of a TNT explosive.

In an instant, many eyes in the court fell on the defendant's seat, watching how the defendant's lawyer would respond to such a difficult case.

Utsunomiya raised his eyebrows and quickly searched for the judgment of the Dead Sea Files on his laptop and started browsing it immediately.

If just a moment ago, he was laughing at Kitahara as he read the verdict of Feist Publishing Co. v. Village Telephone Company, then at this moment, Utsunomiya was doing the same thing as Kitahara just now.

It’s really weird!

Why can these two brats in front of me even find Israeli court rulings?!

If someone told Utsunomiya at this time that he was actually facing a luxury intellectual property lawyer group of twenty people, then Utsunomiya would believe it without hesitation.

The law professor's eyes quickly swept over the verdict of the Dead Sea Files case.

Within a moment, Utsunomiya quickly stood up and said: "Collegial Court. The restoration of the Dead Sea Archives and the collation of the original Chinese texts cannot be compared. First, the process of restoring the Dead Sea Archives involves the splicing of nearly 15,000 fragments. In other words,

The Dead Sea Archives itself is not a complete manuscript. On the other hand, the text of "The Journey to the East" is complete. There are 17 manuscripts that can be compared with each other. The splicing of the Dead Sea Archives does not have this ability at all.

Good conditions.”

"Secondly, Professor Qi Murong's restoration of the Dead Sea Scrolls included completing the incomplete content. The case presented by the plaintiff clearly stated that the recovered text content included content that was not in the original Hebrew manuscript. Qi Murong's opponent

I filled in the missing parts of the manuscript based on my own conjectures.”

"In other words, the work of the plaintiff in the Israeli case actually has a process of 'creating something from scratch'. Although Qi Murong's work is still to restore the contents of the Dead Sea Files, his so-called 'restoration' already includes certain

A degree of creativity.”

"It is this kind of creation from scratch that enables the restoration project of the Dead Sea Archives to be considered original. But looking at this case, the editing process of "The Journey to the East" did not include

This kind of filling in the missing content. Although the plaintiff Shimokawa has made up for the missing content in the original copy based on the content of other manuscripts, this supplement is not the result of his personal creation, but still comes from the pre-existing

ancient manuscripts."

“Therefore, the editing of the original Chinese text in this case cannot be compared with the restoration of the Dead Sea files. The judgment of the Israeli Supreme Court submitted by the plaintiff’s attorney is not for reference!”

Kitahara listened to Utsunomiya's words, took a step forward, and retorted loudly, "The key to the problem is whether we can accurately identify the author's contribution. Judging from the typesetting, editing, and sentence segmentation of Sentangki, my client's editing

The results are clearly clear and discernible. The defendant’s attorney’s comments about the Dead Sea Files case are inappropriate!”

Utsunomiya looked at the young man in front of him.

He really didn't expect that this Beiyuan could burst out with such strong fighting power during the court debate.

But it's just like you have the Dead Sea Files as a weapon at the bottom of the box.

Utsunomiya also has a last-ditch foreign case!

The law professor looked at the trial seat again, "The defendant's attorney is here to present the third Western case - the music score case! It happened in England and France. The client was Dr. Sawkins. He collected Louis

A composer's manuscript from the 14th period, and the author's music score was restored, including changing the original score into a modern score, and correcting it by combining different versions of the manuscript. Later, the score was used by a music production company to retrieve

Kings then sued the music production company for infringement of his copyright."

"The collegiate panel is requested to pay special attention to the views of the French Court. Although the court ruled that Sawkins has the copyright to the restored music score, the key factor is that in order to restore the style of the era, he added many elements of how modern performers should play the music.

Notes on the manuscript. The French court particularly emphasized that if the restored arrangement is strictly consistent with the composer's work, it will only constitute a simple transformation of the original work, but will not reflect individual characteristics and cannot be protected by copyright."

"The purpose of the judgment in the music score case is exactly the same as this case. Sawkins expressed the music score of the Louis XIV period in the form of modern music score. This process is actually very similar to the use of modern punctuation for sentence segmentation in the collation of ancient books.

.However, the French court has made it clear that the project does not possess originality."

"The defendant's attorney must once again emphasize that the original text of "Qian Tang Ji" has not changed after it has been edited. In other words, the editor did not inject any new tangible words into it. The Dead Sea Files submitted by the plaintiff

In the music score case, Professor Qi Murong made personal supplements to the incomplete content. In the music score case, the restored manuscript was finally protected by the court only because Dr. Sawkins added modern performance methods to it."

"Therefore, both the cases submitted by the plaintiff and the defendants can fully demonstrate that even the work of restoring and correcting ancient works must involve a kind of creative activity of 'creating something from scratch'.

These products can be made copyrightable."

"To sum up, from the perspective of Western jurisprudence, the finished product of Xiachuan's proofreading in this case obviously did not fall within the protection scope of the copyright law and is not copyrightable!"

This famous law professor shot the last and most powerful bullet in the foreign law jurisprudence in his hand.

In an instant, the situation that seemed to be favorable to the plaintiff just now was turned upside down by Utsunomiya. Just in the blink of an eye, the balance of power changed.

This great authority in Eastern law once again showed his fierce side.

In the court, the submission of Western legal cases showed a three-to-two situation. The defendant submitted a telephone directory case, a judicial document compilation case, and a music score case. The plaintiff submitted a commercial advertising case and the Dead Sea Files case. If

Judging from the number of cases, Utsunomiya is better. Although the Dead Sea Files case is similar to the collation of ancient books, Utsunomiya also submitted a similar music score case.
Chapter completed!