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Chapter 96 Deduction

In the courtroom, the young male plaintiff lawyer did not press the remote control in his hand again. Obviously, the plaintiff had run out of ammunition in addition to the two Western law cases presented previously. Facing the attack from the great authority of the law

, the two plaintiff lawyers were like cavalry rushing towards the machine gun position, tragic and tragic.

Imanishi sat in the auditorium and stared at this boy. Although it was indeed a bit regretful that this scene happened - of course, he mainly felt sorry for his daughter, but there was nothing that could be done about it. After all, the field of intellectual property was too specialized.

For two young people to be able to achieve this, it is already quite good.

The objective strength gap lies here.

In retrospect, Imanishi believed that his judgment was accurate. Even during the court investigation stage, this boy was able to fight Utsunomiya on the surface, but during the court debate stage, he could only be slaughtered by the opponent.

The next second.

The young male lawyer turned his back and walked towards the plaintiff's seat. In the eyes of everyone in the court, this was a symbol of defeat and surrender. Kitahara stood in front of the seat and flipped through the information on the table.

However, at this moment, Imanishi's eyes caught one detail. The young male lawyer was turned sideways, and almost everyone in the courtroom could not see his expression. For a very brief moment, the corner of his mouth slightly twisted.

Lifted up, it looked like a plate of mane dinner was placed in front of him, ready to be enjoyed.

He smiled.

This guy named Beiyuan laughed again.

When Imanishi saw the expression on Kitahara's face, he was stunned for a moment. However, after being stunned for a few seconds, his heart trembled suddenly. The horrific memories of the Kawamoto Expressway case came back to his mind again.

This kid named Kitahara is very good at showing his weakness first, luring his opponent into a trap, and then suddenly launching an attack.

Could it be... could he be trying his old tricks again?!

Imanishi looked at the figure in the courtroom in disbelief. Or does this case also have blind spots like the Kawamoto Expressway case?! Thinking of this possibility, Imanishi's eyes widened slightly.

If you dare to play this kind of trick in front of a great authority in a field, the risks and consequences are equivalent to dancing with a wolf in the wilderness or being in the same room with a tiger!

Beiyuan casually flipped through the information on the table. The sly smile on his face quickly subsided and returned to normal. He turned around calmly, looked at the defendant's lawyer opposite and said:

"In addition to submitting Western law jurisprudence, the plaintiff also claims that Shimokawa's edited works constitute derivative works under the Copyright Act."

【Performance】

[The so-called deductive works are new works that are based on existing works and are adapted, translated, annotated, organized and other activities. For example, you translated "Romeo and Juliet" into Chinese. So even if "Romeo and Juliet" is

"Juliet" itself is no longer protected by copyright, but its translation will constitute a so-called "derivative work" and be protected by copyright]

"According to the relevant provisions of the Copyright Law, Xiachuan's editing activities for "The Eastern Land Parade to the Tang Dynasty" are annotations, compilations and other activities stipulated by law. Considering that the editing of the original Chinese text requires scholars to have a very high professional level

. Non-ordinary people can be qualified. The existence of this threshold itself has shown that Chinese correcting is not a mechanical repetitive work."

"At the same time, each scholar has different levels of mastery of historical knowledge and ancient Chinese, as well as the amount of information accumulated in his hands, which will also show different proofreading results. This point can also prove that the proofreading results of Chinese can show personal reflections.

Stylized features.”

"According to this, plaintiff Shimochuan's editing of "The Journey to the East" is a derivative work stipulated in the Copyright Law and should be protected by law!"

The young man once again changed his perspective in the courtroom.

In the eyes of outsiders, this is a sensible approach. When you cannot outsmart the professor in front of you when debating academic theories and precedents, then the best strategy is to return to statutory law and focus closely on the provisions of the law.

Positional warfare, rather than insisting on jurisprudence wars that require a high degree of theoretical knowledge.

Utsunomiya couldn't help but laugh a little when he heard Kitahara in front of him talking about interpretation works. To be honest, just now, when he threw out the music score project as the final offensive ammunition, he was once worried about the young man opposite him.

Will you press the remote control in your hand again to present the third case?

His breathing even paused at that moment.

As a result, it didn't.

Being able to search for the precedents of the Israeli Supreme Court is their limit.

In this way, Utsunomiya breathed a sigh of relief in a sense.

Indeed, the young man in front of him is already considered to be the most outstanding group of students in Japan. However, he is still immature in the face of the rich experience and theoretical research accumulated over time.

How could Utsunomiya not expect that his opponent would attack from the perspective of interpreting the work?

The law professor sneered, "Chief referee! Adding punctuation is not the so-called sorting behavior. The so-called sorting is the organized and systematic processing of existing written works or materials with scattered content and unclear levels. In this case

The "Eastern Tour to the Tang Dynasty" does not have fragmented content and unclear levels. On the contrary, after the original copy is preserved, it is clearly legible. Plaintiff Shimochuan does not need to sort out its unclear levels of text, but only

All you need to do is segment the sentences according to the meaning of the Chinese text. Moreover, the existing manuscripts of "Qian Tang Ji" even contain ancient sentence readings."

Utsunomiya seemed to want to take advantage of the power just now to squander the two young people in front of him more ruthlessly. He then raised his voice and said: "Whether the ancient prose after adding punctuation is a deductive work depends on whether it has formed a new expression.

.”

"First, works with punctuation marks are just additional punctuation marks. Punctuation marks themselves are not words and do not contain any ideological content. Therefore, the addition of punctuation marks is not creation and does not produce any new content expression."

"Second, the so-called addition of punctuation is not a random addition. Rather, in order to facilitate us modern people to read the original Chinese classics, modern punctuation marks were added and marked at the places where the ancient books should have paused."

Utsunomiya paused slightly, as if he had a powerful weapon in his hand and was ready to fire it in the court again.

He raised his voice again and said, "I want to ask the plaintiff's lawyer. In ancient times, although there were no punctuation marks in ancient books, the ancient Han people would still pause where they should pause when reading books without punctuation marks. In other words,

Invisibly, they still follow a system similar to modern punctuation marks. So now, we have added modern punctuation marks to these places where the ancients should have disconnected them. In fact, it does not change the expression of the original work, nor does it create new ones.

expression. Therefore, Shimokawa’s proofreading is by no means a derivative work under the copyright law.”

"Among them, the most obvious and direct argument is - if an ancient Han came to the court today. He has the ability to read ancient books and read sentences. Then in the eyes of this ancient Han, the added punctuation

There is no substantial difference between the "Report to the Tang Dynasty" and the "Report to the Tang Dynasty" without added punctuation. Both are consistent in content. This consistency just proves that the plaintiff Shimochuan's school-checking activities do not have any originality!"
Chapter completed!
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