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Chapter 97 Intention

Utsunomiya's extremely exquisite argument was presented in court, especially regarding the statement that the ancient Han people would pause even at places where sentences should be broken in ancient books. Such an argument instantly shook the plaintiff's claim.

.The judges sitting on both sides of the trial bench could not help but nod slightly.

In the eyes of onlookers, since the court debate began, the trial seemed to have become a torture for the plaintiff's lawyer. Every attack by the plaintiff would lead to an even more violent counterattack from a famous law professor.

Miyagawa squeezed the pen in her hand tightly. She really underestimated the Utsunomiya in front of her. She once thought that if the two sides could be evenly matched during the court investigation stage, then in the court debate stage, there might even be a sword move.

The possibility of being biased and focusing on the guests.

However, the scenes that happened in front of him declared that this possibility was shattered.

The foreign cases that he and Kitahara worked hard to find, and the offensive ideas that he studied all night long.

It was completely overturned so easily.

Miyagawa looked at Kitahara holding on by himself, quickly scanning the court trial preparation materials on the table, and was about to stand up to help, when he heard the voice of the man in front of him, saying quietly:

"Keep sitting, I'll do it."

The expression on his face was still so calm.

Even under such a high-pressure court hearing.

"Chief referee." Beihara turned around, looked at the dock, and said.

Seeing the plaintiff's lawyer struggling again, many legal professionals in the auditorium shook their heads slightly and sighed quietly. Because they knew that this was another suicidal charge.

Kitahara did not care about the aura in the courtroom and still said relaxedly, "The defendant's attorney repeatedly emphasized a process of 'making something out of nothing'. However, in fact, this phenomenon also exists in the editing of "The Journey to the East"

This process, such as the correction of different characters. The correction of residual characters, missing characters, and typos has made the revised version of Qi Tang Ji different from the original version circulated in ancient times."

"Xiachuan's editing and editing activities of "Report to the Tang Dynasty" were both editing and editing, rather than just editing and not correcting. The original manuscript of "The Chronicle of the Eastern Land Parade to the Tang Dynasty" has long been lost. The original manuscripts that have been handed down today are all from various countries in the East hundreds of years ago.

The product of Chu Keshu Workshop. From the time when Dongtu was in the prosperous Tang Dynasty to the time when it was recorded in the Book Engraving Workshop, the manuscript of "Qian Tang Ji" has been copied several times, and it is very likely that many errors have occurred. At the same time, errors also occurred again during the process of engraving.

"

"Xiachuan's proofreading activities include the correction of the above-mentioned errors. These corrections are not included in the original text, and they are already different from the ancient manuscript of Fangchuan."

Kitahara picked up Shimokawa's proofread manuscript from the plaintiff's seat behind him and showed the table of contents, "At the same time, Shimokawa's collection of articles about Guan Gu, the envoy to the Tang Dynasty, was not simply a compilation. After Guan Gu returned to the capital in the east, he wrote the articles

Recalling what he saw and heard about Dongtu along the way. Among them, Shimokawa rearranged the order of his articles according to the route of Guangu’s tour of Dongtu.”

"Please note that the route of Guangu in Dongtu was the result of Xiachuan's own research. During this process, Xiachuan spent a lot of energy, time, and traveling everywhere to restore the route of Guangu in Dongtu.

Therefore, the order of contents of the article actually includes Shimokawa’s efforts to conduct research using professional knowledge. It is by no means a simple compilation of articles. This kind of organization already contains clear creativity.”

"Therefore, based on the two reasons given above, Xiachuan's editing of "Report to the Tang Dynasty" has complied with the provisions of the Copyright Law and should constitute a derivative work!"

The young man in front of him struggled violently again with his unyielding spirit.

Many people in the gallery did not expect that this young lawyer could fight back to such a degree under such a heavy blow. Many legal professionals present were even a little ashamed. If they were standing in the plaintiff's seat,

On the subject, under attack from a law professor, can you still maintain your mental stability and fight back?

Utsunomiya listened to Kitahara's counterattack without any disturbance in his heart.

He has become convinced that this is his absolute home court during the court debate.

The previous court investigation was just an accident.

Since this lawyer named Beihara likes to struggle so much, let you thoroughly feel what despair is.

Utsunomiya sneered again, took a step forward, and said, "I would like to bring it to the attention of the collegial panel. In fact, regardless of whether there is a so-called 'making something out of nothing' process, there is one most important and critical factor. Until now, there has been no

Be considered."

As soon as Utsunomiya said these words, many people present could not help but lean forward. Are there any important points that have not been discovered in this lawsuit so far? Many intellectual property law professionals have even revealed

He looked suspicious, but the person in front of him was a great authority on Eastern law, and he had to believe his words.

Feeling the gazes gathered by everyone, the expression on Utsunomiya's face became even more proud, and he could only be heard saying slowly, "This important factor is the author's intention."

The author's intention.

These words echoed in the courtroom.

Suddenly, a new attack path was discovered by this great professor.

As if a cold light flickered above the courtroom, the defendant's attorney opposite unsheathed a sharp knife again.

Utsunomiya raised his head slightly and continued: "The author's intention is actually an important factor in determining whether his results are copyrightable. In other words, the author's mentality when performing the so-called 'creation' is important to confirm whether his actions are copyrightable.

Originality is the key factor.”

"A person picks up scissors and cuts the paper in front of him. If his intention is to cut out a beautiful shape, then there is no doubt that he is creating from the first cut. On the contrary, if he

His intention was to cut the document into pieces and destroy it. So no matter how beautiful shapes he accidentally cut out, he cannot be considered to be creating."

“The same is true for the proofreading of ancient books!”

"Here! I would like to ask the collegial panel to pay special attention to the fact that when collating ancient books, the author's intention is undoubtedly to punctuate and restore the ancient books. In other words, the idea is to restore a book that is error-free and readable.

The Xing Tang Ji version."

"And this is precisely the most important factor that denies the copyrightability of the collation of ancient books!" Utsunomiya's tone suddenly became aggressive, "There is an essential difference between the intention to restore a work and the intention to create a work.

From the point of view of proofreading, the purpose of the proofreader is to restore an existing version that is in the public domain. I believe that no proofreader will think that he is engaged in creative activities rather than restoration activities."

"Based on this intention, the ultimate goal of collating ancient books is to restore the original meaning of ancient books, rather than to recreate and produce new literary meanings!"

"Let me ask you, if you want to restore something, how can this restoration itself be called a creation? The editor must bind himself to the original meaning of the ancient book from beginning to end, and it is impossible to have his own opinions! Therefore, starting from
Chapter completed!
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