Chapter 79 Argument
Seeing the two Kyoto University alumni joining forces in front of him, Kitahara sneered. This Ikegami, from the disciplinary hearing of the Tokyo District Bar Association to the current lawsuit, has really been unyielding and refused to give up.
Beiyuan's eyes suddenly became sharp, as if the alliance of powerful rivals opposite him had aroused the inner ferocity of a beast.
All he could see was that he said, "The Internet search results cited by the defendant's attorney have nothing to do with the uniqueness of the refutation of the clerical error. The reason is very simple, that is, the defendant Fujimura has written clearly and clearly in the annotation,
That is, the original text of the ancient book he cited comes from the Xuelinge edition of "Tongguan Kaolue", not the online version on the Internet."
“Therefore, even if the online reading version on the Internet replaces the character ‘seat’ with the character ‘zuo’, it does not prove the legitimacy of Fujimura’s clerical error.”
"Or -" Kitahara's lips curled up slightly, "You are admitting that although Fujimura stated in the annotation that he quoted from the Xue Lin Pavilion edition, he actually quoted from Internet information."
"If that's the case." Kitahara turned to look at the university people in the auditorium, "Then please ask the university to deal with Fujimura's academic behavior of untrue annotations!"
Directly facing the gaze of the plaintiff's lawyer, the university management staff sitting in the front row felt as if the flash of a knife flashed, their hairs seemed to stand up instantly, and they couldn't help but straighten their bodies immediately.
Chishang was still sitting next to him, without any expression, still looking like he was staying out of the matter. However, this time he was directly pushed back by Beihara, with a vaguely displeased expression on his face.
Kitahara then signaled to Miyagawa. Miyagawa immediately opened the small suitcase placed next to the plaintiff's seat. What he saw inside was one volume after another of "Tongguan Textual Research". Kitahara kept picking up the contents of the suitcase from the inside.
He took out a copy of "Tongguan Textual Research" and threw it on the table:
"The plaintiff has collected all editions of "Tongguan Kaolue" published by Xuelinge. After checking, all editions do not contain the clerical errors in Xiachuan Dian's manuscript. This can be clearly concluded that there are clerical errors in Xiachuan Dian's manuscript.
It’s a unique typo!”
Utsunomiya looked at the suitcase filled with "Tongguan Text" and couldn't believe the scene in front of him. This Kitahara... Could it be... Could it be that he has already judged in advance what kind of rebuttal I will make, or even
We have prepared materials for further rebuttal.
Could it be...could it be that every move I made was expected by him?!
Kitahara looked at Utsunomiya in front of him, and took a step forward again, as if he wanted to return Utsunomiya's lengthy rebuttal to him in an even more serious manner.
"Just now, the defendant's attorney said that the contents of Shimokawa's annotations are either pure quotations from historical documents or simple factual narrations. They do not contain any creative elements within their annotations. Therefore, similarities are unavoidable.
Moreover, even if there is a similarity, it does not constitute plagiarism or plagiarism in terms of copyright law."
"The defendant's attorney's point of view is totally absurd! Although Shimokawa did indeed quote only the original texts of other ancient books in many of his annotations, the problem does not lie in the content of the ancient texts in the annotations themselves, but in the choice of quoting these ancient texts!"
"In other words, the real question is why Xiachuan quoted this ancient book in one place but not other ancient books. Why did he quote "Tang Shu" in one place and "Zi Shi Tong" in another place?
"Jian". Why do we quote the county annals and local scholar monuments this time instead of using the biographies in the history books?"
"All the above signs indicate that Xiachuan did not simply quote a certain ancient book to enrich the content of Qing Tang Ji. On the contrary, when he decided to add annotations, he had already selected and summarized them. Moreover, his
It is to express the interpretation of the historical records that appear in the Records of the Tang Dynasty in the form of annotations."
"Therefore, although the content of the annotation is a quotation from the original text of the ancient book, the plaintiff Shimokawa used this method to reconstruct the historical situation of the Records of the Tang Dynasty at that time and provide unique insights into the motivations of the various characters recorded in the Records of the Tang Dynasties.
It is an explanation given by the author. Therefore, these historical facts used also produce so-called creative elements."
"To sum up, the plaintiff Shimokawa's annotations must not be regarded as just a simple description of historical facts or a simple quotation from ancient book records. The content of the annotations should not be regarded as public domain material and excluded!"
Beihara's words echoed in the courtroom.
Just like Utsunomiya's fierce artillery fire, this refutation was like a torrential rain of cannonballs raining down on the defendant's dock.
Utsunomiya seized on the content of the annotation itself and argued that it did not constitute plagiarism under copyright law.
The North Principle seizes on the selection and arrangement of the annotations and claims that they constitute plagiarism under copyright law.
Two opposing views collided violently, as if they were about to stir up a super hurricane in the courtroom.
Utsunomiya's expression turned livid. The reason why he became livid was not because Kitahara made a rebuttal, but because his rebuttal was a blatant violation of the basic legal principles of copyright law.
Utsunomiya immediately said: "Chief Judge! The plaintiff's statement has violated the basic principles of copyright law. The plaintiff's attorney claimed that Shimokawa arranged and selected the annotations. However, this arrangement and selection itself did not serve any purpose.
A formed text, image, or sound is expressed. Copyright law does not protect the intangible, only the tangible. The so-called arrangement and selection cannot obtain legal protection!"
As soon as Utsunomiya finished speaking, Kitahara retorted in an instant, "Chief Judge! This kind of arrangement and choice is of course tangible. Its tangible aspect is reflected in the notes interspersed throughout the text. The form of the arrangement of these notes themselves,
The order and excerpts already reflect Shimokawa's arrangement and choices. How can the defendant's attorney be said to be invisible?!"
In court, the two parties refused to give in to each other.
The tense atmosphere has reached its peak.
Judge Takanashi, who was sitting on the bench, saw this scene and couldn't help but said: "Now the plaintiff and defendant have any new opinions to express regarding the evidence and cross-examination about the annotation. If it is not a new opinion, please do not repeat it again.
.”
I had to stop him and forcefully lower the temperature of the scene.
The two lawyers standing opposite each other stared at each other for about ten seconds. Naturally, they understood what the judge meant by saying this, and then they heard the two lawyers reply in unison: "The attorney has nothing new."
Opinion."
Judge Takanashi nodded slightly and then announced, "The plaintiff can continue to present evidence."
Chapter completed!