Utsunomiya raised the corners of his mouth proudly, admiring the victorious scene in front of him. Kitahara, who was in the plaintiff's seat, was opening his laptop and seemed to be quickly browsing the telephone directory case that had just been presented in the court.

it's useless.

Utsunomiya sneered a little inwardly. He only read the foreign legal precedents he submitted to the court when he arrived at the scene. This would definitely be too late in time. In this situation where foreign legal precedents are relied on to export ammunition, the competition is the breadth and depth of legal knowledge.

Depth. It is impossible for a kid who just graduated from college to have the ability to deal with such a situation.

Utsunomiya was about to sit down from the dock when a male voice came from behind.

"Head referee."

This familiar male voice was ringing a death bell like a ghost at this moment. Utsunomiya twitched his brows and immediately turned around. After seeing the male lawyer standing up, his body froze involuntarily. The scene in front of him.

, somewhat beyond Utsunomiya’s imagination.

Kitahara's expression was very indifferent. He looked at the trial seat and said, "The defendant's attorney's opinions on the telephone directory case were not fully presented. Although the Federal Supreme Court held that originality is a requirement for originality in this case. However,

, the defendant’s attorney avoided talking about the degree of originality required.”

"The chief judge please pay attention to Section 2, Paragraph A of the judgment document in this case. Justice O'Connor clearly stated that the so-called originality requirement only includes a minimum level of creativity. No matter whether the so-called 'creativity' is important or not,

Obviously. As long as it contains a small amount of creativity, it is enough."

"In this case, Shimokawa added annotations to the text to provide the corresponding historical background and reasons for the events that occurred in "Report to the Tang Dynasty" and gave the author's personalized explanation. It has obviously met the 'minimum' level of creativity

Requirement. Even if we follow the judgment of the telephone directory case, the proofreading of Qian Tang Ji is a work within the meaning of copyright law!"

Utsunomiya didn't expect Kitahara to react so quickly. If the person standing in front of him was not indeed a kid in his twenties, Utsunomiya would suddenly think that the person standing opposite was a long-time man.

Lawyer experienced in intellectual property litigation.

How much shit did this Kitahara have to step on before he could try his luck? He could react on the spot like this!

Utsunomiya immediately retorted, "The plaintiff's understanding of the telephone directory case just now is obviously incorrect. Facts are not protected by copyright law. The core of the issue is whether the plaintiff's collection of facts is original. Among them,

The most important distinguishing criterion is whether the factual materials are left as they are and the 'facts speak for themselves', or whether they add their own words and let the author's own creative words speak for themselves."

"Based on this standard, Shimokawa's annotations clearly belong to the former. Most of his annotations are direct quotations from the original texts of other historical materials. He also did not add any modern text annotations. Obviously, he does not have the so-called creativity!"

The law professor once again launched a ferocious counterattack.

Beihara took a step forward and looked at the trial seat, "Chief Judge, please pay attention again to the judgment point of view of the telephone directory case. Although the case denied that the facts were protected by the copyright law, it also admitted that the compilation of the facts was

If certain conditions are met, it will be protected by copyright. As long as the factual materials are collected and organized so that they can be further used by readers more effectively, then there is the possibility of copyright."

"In this case, Shimokawa, through the proofreading activities, has made the Chinese classics more readable and understandable by readers, which has met the requirements of originality!"

"Please pay attention to the collegial bench!" Utsunomiya immediately retorted, "The plaintiff's attorney has just misinterpreted the judgment of the telephone directory case again."

Utsunomiya then picked up a book of "Report to Tang Dynasty" on the dock and started to flip through the pages. "Please pay attention to this. After editing, "Report to Tang Dynasty" is still the original Chinese text. The Chinese sentence structure in it is,

The grammar is still fundamentally different from that of modern Oriental writing. In other words, even ordinary people have difficulty reading the edited version of Qitang Ji."

Utsunomiya displays pages of text from "The Chronicles of Sentang".

It's all covered in dense Chinese writing.

For those who have not studied Chinese and have further studied it to a certain level, it is indeed impossible to directly start reading "Report to the Tang Dynasty".

"Send to the Tang Dynasty is still a small-scale proofreading work. Only extremely professional literary and historical scholars can further read it." Utsunomiya added, "Therefore, Shimokawa's so-called proofreading has not reached the level of enabling readers to go further.

The extent of utilization!”

As soon as Utsunomiya finished speaking, the young plaintiff's male lawyer quickly fired back, "The chief referee and the defendant's attorney just inappropriately narrowed the scope of 'readers', thinking that it was only a compilation of facts that general readers can use effectively.

Only then can it be copyrighted."

"In fact, the work is created for both general readers and readers in the professional field. If readers in the professional field can make more effective use of the collected factual materials, then the collection of the factual materials also constitutes a

A work within the meaning of copyright law.”

"For example, I presented the population data of the eighteenth century in the form of professional statistical charts. Even though this presentation can only be understood by people with statistical knowledge. But as long as the population data is classified in the statistical charts,

If the collection has a minimum degree of originality, then it is also a work in the sense of copyright law."

"Therefore, although readers without statistical knowledge cannot understand my chart, it is enough to meet the originality requirements. After being edited by the defendant's agent Yi Qian Tang Ji, only literary and historical scholars in the professional field can interpret it.

, and denies its effective arrangement and utilization of the original Chinese texts. Its view is fundamentally incorrect and inappropriate!"

"If it is considered that improving the degree of effective use of factual materials by readers in professional fields is not enough to meet the requirements of copyright, then it is undoubtedly inappropriate to narrow the scope of protection of copyright law!"

Utsunomiya's eyes widened, and he fired back again: "The plaintiff's attorney is still avoiding the question! The essence of the problem is that even after editing, readers still understand the content of "Send to the Tang Dynasty" from the text of the original Chinese text. The defendant

There is no denying that proofreading can certainly help facilitate readers’ understanding. But the problem is that these auxiliary effects are not significant enough to constitute the so-called creativity.”

"After the Chinese sentences are corrected, they are still Chinese sentences. Readers still understand the content of Qian Tang Ji based on the Chinese text itself. The addition of punctuation marks does not change this. Therefore, Qian Tang Ji has been edited by Xiachuan
Chapter completed!