"Chief Judge." Utsunomiya sneered, "The plaintiff's attorney just now believed that as long as the text creation is completed independently and with hard work, it can meet the originality required by the copyright law. This is completely incorrect.

correct."

"Just now the plaintiff's attorney also reiterated the legal definition of a work, that is, a work is an intellectual achievement that is original and can be copied in some tangible form."

Utsunomiya deliberately raised his voice and emphasized the last few words of this definition, "The four words of intellectual achievement have already shown that just hard work is not enough. The requirement of originality must include a certain degree of

Only when originality is included does it belong to intellectual labor.”

Utsunomiya pressed the remote control in his hand and saw that the whiteboard in the dock also flickered, and lines of Western text appeared.

"The so-called 'forehead sweat principle' just cited by the plaintiff's attorney has actually been denied in the latest Western case doctrine."

"Here, the defendant's attorney hopes that the collegial panel will pay attention to the latest Western jurisprudence, Feist Publications, Inc., v. Rural Telephone Service Co., also known as the telephone directory

case. In this case, the Federal Supreme Court clearly stated that the establishment of originality cannot only be based on independent creation, but must also require the existence of originality."

"In the case of Feist Publishing Company v. Village Telephone Company, Village Telephone Company printed so-called 'yellow pages' and 'white pages' telephone directories. These telephone directories recorded the addresses and numbers of the company's customers. Among them, Feist

Publishing companies also operate 'Yellow Pages' and 'White Pages' telephone directories, and their geographical scope of operation exceeds that of rural telephone companies."

"Fest Publishing Company expressed to Village Phone Company that it wished to quote its 'White Pages' telephone directory. After the request was denied, Fester Publishing Company went ahead and excerpted Village Phone Company's 'White Pages' telephone directory and directly

Quote. Village Telephone Company sued Feist Publishing Company, claiming that it infringed the copyright of the 'White Pages' telephone directory."

"The key issue in this case is whether the 'White Pages' telephone directory is within the scope of protection of copyright law. The core focus of the dispute is whether the telephone directory has the originality required by copyright law.

.”

Utsunomiya grinned, "In this case, the views of the Federal Supreme Court can also be used as a reference for the collegial bench. The phone number itself is a fact. And the fact itself is not the object of protection by copyright law. In other words, although the village

The telephone company has done some sorting and put a lot of effort into obtaining phone numbers. But this sorting itself does not show any originality."

"The arrangement of the telephone directory of Village Phone Company is merely arranged according to the names, addresses, towns, etc. of users. It does not reflect any degree of originality. Based on this, the Federal Supreme Court denied that the directory of Village Phone Company belongs to

The scope of protection under copyright law.”

"The production process of the telephone directory complies with the principle of sweating on the forehead just cited by the plaintiff. It was independently created by Village Telephone Company and a lot of sweat was put into it, but it still cannot be protected by copyright law. The root cause is that it is not protected by copyright law.

It is original. Through the Telephone Directory case, the Federal Supreme Court has actually denied the 'sweating forehead principle' just mentioned by the plaintiff!!"

Utsunomiya suddenly raised his voice.

The strong aura of this great authority in Eastern law suddenly hit the plaintiff's bench like a huge wave.

The famous law professor continued: "From the Western telephone directory case, we can also get a glimpse of the correct approach to be taken in this case. In this case, Shimokawa was engaged in redaction activities. Although he added additions to ancient works

You may have to break sentences for punctuation, divide paragraphs, or check for different words.”

"But please pay attention to the collegial panel! The above-mentioned series of collation activities are only the collation of factual materials. The final result reproduced is also factual material, that is, the original text of "The Eastern Land Parade to the Tang Dynasty". The collation activities

, without changing the expression of the original text.”

"In other words, nothing 'new' was produced during the collation activities in Xiachuan. Before the collation in Xiachuan, "Eastern Tour to the Tang Dynasty" was still "Eastern Tour to the Tang Dynasty". After the collation,

The Records of Sending to the Tang Dynasty are also the Records of Sending to the Tang Dynasty. Its specific content is still a series of records of what Guan Gu, the envoy sent to the Tang Dynasty, saw and heard in the East."

"Just like the compilation of telephone numbers, they are still telephone numbers that are not protected by copyright. The result of the compilation of original Chinese texts is still the original Chinese texts that are not protected by copyright."

“The plaintiff’s proofreading activity does not have any creative content and lacks originality. Therefore, it does not meet the originality requirements of the work. Plaintiff Shimokawa’s proofreading activity does not fall within the scope of protection of the copyright law! The plaintiff is responsible for infringement of copyright.

The petition should not be supported!"

In an instant, Miyagawa's entire discussion was torn apart by Utsunomiya.

Miyagawa frowned, clenched his pen, and hurriedly stood up and retorted: "Chief Judge! What the defendant said just now is wrong. The arrangement of telephone directories cannot be compared with the arrangement of ancient books. He used the telephone directory case to

The analogy is a wrong choice of precedent.”

"Oh?" Utsunomiya smiled after hearing Miyagawa's retort, "Then you can tell me where they can't be compared. The objects of telephone directory collection are telephone numbers that exist as objective facts. The objects of collection of ancient books also exist as objective facts.

The original Chinese text."

"The case cited by the plaintiff in Bresten v. Donaldson Lithography Company is the real citation error! The drawing of commercial advertising illustrations, at least in a sense, goes through a process of 'making something out of nothing'. It has nothing to do with the factual materials.

The tidying up is completely incomparable.”

"Therefore, Chief Judge! The legal argument in this case is actually very simple. Facts are not protected by copyright law. Plaintiff Shimokawa's proofreading results are just a combing and reproduction of existing objective facts. Obviously they have not fallen into the scope of the work.

The protection scope of the rights law. In summary, the defendant’s attorney requests the collegial bench to reject all the plaintiff’s claims!”

The voice of this famous law professor echoed in the courtroom.

Just like in the case of Feist Publishing Co. v. Village Telephone Co., Feist Publishing Co.'s copying of the Village Telephone Company's directory was not plagiarism and did not constitute copyright infringement.

This famous law professor also declared such a cruel fact - that is, even if Fujimura really completely copied Shimokawa's proofreading results, he would not constitute an infringement in the sense of copyright law.

Yes, even if others take away the fruits of your labor openly.

It does not constitute plagiarism in the legal sense.

Even if bad people do bad things, they don't have to bear any consequences.
Chapter completed!