Utsunomiya frowned. He really didn't expect that Kitahara could make such a fool of himself at the last moment. This plaintiff's lawyer was like dog-skin ointment, and he couldn't get rid of it. Moreover, he actually made his former student Takanashi

Come and scold yourself coldly. This is simply a naked humiliation!

Kitahara! You really have a way with you!

Utsunomiya sat on his seat, holding the pen in his hand, trembling with anger.

"Professor, there is no need to be angry over such a trivial matter." Ikegami next to him lowered his voice and laughed scornfully, "This is the struggle of the other party before dying. He has to splash the waves in the water to stop. This kind of struggle is exactly

It means that the other party is at the end of his rope."

"This Kitahara is really annoying!" Utsunomiya gritted his teeth and said angrily in a low voice.

Judge Takanashi was sitting on the referee's bench, looking at the two parties in the court, and announced: "After the previous hearing, both sides have presented evidence and cross-examined evidence, and expressed their opinions in debate. According to the provisions of the Civil Procedure Law, after the court debate, both parties will make their final statements.

Defendant’s attorney, please publish first.”

As the presiding judge issued the order, all eyes in the courtroom focused on the dock. Everyone was curious about what kind of argument this famous legal authority in the East would make. In this unprecedented ancient book,

In school cases, what opinions will be expressed?

Utsunomiya straightened his tie and then stood up with his head held high.

In that case, that's just right.

The Beiyuan across the street has always only played some deviant ways.

Today, I will give you the final blow right here!!

Utsunomiya took a step forward and saw the famous professor say, "Collegial Court. Regarding this case, whether the manuscript edited by Shimokawa Yoshihiko and the result of my client's editing constitute substantial similarity, and whether the ancient books

Whether the proofreading itself is a work stipulated in the Copyright Law? The defendant's attorney has expressed his opinions on all these issues during the court investigation and debate, and will not be repeated here."

"In my final statement today, I just want to ask the collegial panel to consider one issue - if we accept that the collation of ancient books is protected by copyright law, what consequences will it have?"

Utsunomiya's voice echoed in the courtroom.

In this final session, the famous professor asked such a question, like a messenger before a sermon. A large number of believers gathered around him. People in the auditorium unconsciously leaned forward.

I leaned forward and wanted to hear the views and opinions of this great authority.

Utsunomiya turned sideways and looked at the referee's seat, "I would like to draw the collegial panel's attention to one of the most basic principles of intellectual property law."

"Intellectual property itself is a monopoly."

Utsunomiya raised his voice and emphasized the word "monopoly".

"If we look back at the history of intellectual property law, we can trace it back to the 'Statue of Monopolies' promulgated by England in 1623. The word Statue means statute, and Monopolies means 'monopoly'. 1623

The Monopoly Act is the mother of modern intellectual property law."

"In England at that time, in order to raise revenue and encourage the development of new industries and the immigration of skilled workers, the monarch issued this law and granted monopoly privileges to inventors. The "Monopoly Law" declared all monopolies to be illegal

, however, only the first inventor of a new product can be exempted from the exception."

"As for the first inventor of a new product, he can exclusively use and manufacture the product and obtain patents and licenses for a period of no more than 14 years. During this period, no one else can imitate, sell, or manufacture similar products.

Otherwise, it is a violation of the law."

"From the perspective of the origin of intellectual property, it is a special monopoly, a monopoly permitted by law."

"It is precisely because of this that intellectual property rights can promote invention and innovation on the one hand, but on the other hand, because it is essentially a monopoly, it can also hinder the spread and widespread use of new technologies."

"Therefore, the collegial panel. The law of intellectual property itself is an extremely delicate balance between repeatedly weighing the disadvantages caused by monopoly and the practical benefits brought by promoting invention and innovation."

"In this case, that's the trade-off we're facing."

Utsunomiya's voice spoke eloquently. This extremely knowledgeable law professor seemed to have turned the entire court into his classroom. The listeners present instantly felt as if they had traveled to the English Island a thousand years ago, watching from the court

We arrived at manor houses and waterwheels on gurgling streams.

"The issue of collation of ancient books in this case is unprecedented. Once the court makes a decision on this case, it is very likely to become a binding precedent after the High Court appeals and confirms it. In other words, the judges on the bench

, your status at this time is actually no different from that of legislators."

"Therefore, when deciding whether the redaction of ancient books falls within the protection scope of the Copyright Law, we must consider the far-reaching consequences of the judgment in this case. Once it is decided that the redaction of ancient books falls within the protection scope of the Copyright Law, then the court's decision

It is bound to create an artificial monopoly in the collation of ancient books."

"The question is whether the ancient books collation business can withstand the existence of this kind of monopoly."

"We must see that the collation of ancient books is still essentially a small-circle academic activity at present. There is a huge difference between collating an ancient book and creating a movie script. The collation of ancient books itself is not for profit.

Driven by motivation, in fact, it cannot be driven by profit. Because most people do not have the ability to directly read ancient Chinese books, its market is extremely narrow."

"These on-campus activities are still driven by academic interests and aspirations. In this case, how to promote information exchange among professional peers and how to quickly utilize academic achievements is the most important issue we have to consider

.”

This chapter is not finished yet. Please click on the next page to continue reading the exciting content! Utsunomiya looked at the referee's seat and said in a powerful voice, "I want to draw the attention of the court. No matter how much the plaintiff's attorney exaggerates the significance of collating ancient books,

Originality. The cold fact is that there are only a very limited number of options for breaking off a sentence. In the vast majority of cases, it’s either a comma or a period.”

"I believe that in an ancient book, more than 90% of the sentences are not controversial, or at least there is no major controversy."

"If we grant copyright protection to the collation of ancient books, what will be the consequences? We will find a terrible situation, that is, the collation of ancient books will be completely monopolized by the first collation. Due to the limited form of expression

, it is almost impossible for later proofreaders to avoid overlapping with the first proofreader in most of the ancient text fragments. In this case, the later proofreaders will be judged as plagiarism due to the existence of such overlaps.

, constitutes infringement.”

"This situation will inevitably push this already narrow professional circle into a dead end, thus completely destroying the academic research on ancient book collation."

"Collegial Court, this is by no means an alarmist statement by the defendant's attorney, but a real and serious consequence that we will face!"

Utsunomiya took a step forward and spoke loudly in the courtroom with unprecedented coercion:

"Granting copyright protection to the collation of ancient books will inevitably lead to an irreparable serious monopoly. This monopoly will end the research activities of the collation undertaking. Granting protection to the collation of ancient books, just like granting copyright protection to academic research, will

Completely destroy the dichotomy of expression of ideas upheld by copyright law. Once ideas and facts are included in the protection of copyright law, the foundation of its legal system will be completely shaken."

“To sum up, taking into account the destructive monopoly consequences of granting ancient books for editing and editing, as well as the opinions expressed by the defendant’s attorney during the court investigation and debate stages, we request the court to refuse to recognize the copyrightability of ancient books for editing and to dismiss all the plaintiff’s claims.

!”

The discussion is completed.

The famous law professor's final statement was delivered in court.

From the review of history, to the essence of intellectual property law, to the evaluation of the consequences of monopoly. All the discussions are linked together and come with an irresistible overwhelming force, once again demonstrating this great authority in Eastern law.
Chapter completed!