Chapter 52 Counterattack
It was quiet in the courtroom.
Probably no one expected that such a fierce collision would occur just after the plaintiff submitted the first set of evidence. The air in the courtroom was like a wet noose, twisting people's necks tightly.
, brings a sense of depressive suffocation. There are obviously no action scenes, but it makes people uncontrollably frightened.
Beiyuan leaned on the chair, feeling the atmosphere of the court, and smiled slightly. This overwhelming and oppressive atmosphere seemed to constitute a spiritual reward for him. Like an extremely unique creature, its food was actually
Mercury is a highly toxic substance to other living organisms, but to it, it is the sweetest spring.
Beihara stood up from the plaintiff's seat and cast his eyes on the famous professor.
Utsunomiya sat quietly flipping through the evidence book in his seat, without raising his head or noticing that Kitahara had stood up. He did not believe a man in his twenties and had zero practical experience in copyright cases.
, able to calmly respond to an extremely professional case like intellectual property law on the spot. This case has been a duel between ants and elephants from the beginning. As long as the latter lifts its leg slightly, the former will instantly turn into pulp.
At this moment, a male voice echoed in Utsunomiya's ears.
The moment he heard the male voice, his eyes widened a bit and he immediately raised his head.
However, the male lawyer in front of him said in an orderly manner, "Chief Judge, please pay attention to item 24 in our evidence materials. It is the "Research Objective Assessment Letter" signed by the plaintiff Shimokawa and the Graduate School of Humanities of Kyoto University five years ago.
Among them, the assessment requirements clearly stated in the target assessment are to publish no less than 4 papers on SSCI and 2 papers in Oriental academic journals within 5 years."
"That is, the plaintiff Shimokawa's scientific research assessment goal at Kyoto University is very simple, which is the number of papers published. Although there is a safety clause in the assessment book, which states, 'If the plaintiff has other major academic contributions, it can be submitted to the professor committee for review.'
However, the evaluation document does not specify the form of this type of major academic contribution."
The corner of Beihara's lips curled up slightly, "The establishment of a professional work must be under the clear will of the legal person or unit. In the absence of such clear will, the work cannot be deemed to have completed the tasks issued by the legal person. "Scientific Research Objective Assessment Document"
"" does not clearly record that the works reviewed are the assessment indicators. Accordingly, it cannot be regarded that Shimochuan's review work was carried out under the explicit auspices of the university, so "The Journey to the East" does not constitute a work of service."
The corners of Utsunomiya's eyes twitched slightly, probably because he didn't expect that this young man could organize a counterattack in such an orderly manner.
However, there is no doubt that this is just an accident.
There are too many people in this world who inexplicably get through difficulties by relying on their luck.
Utsunomiya smiled lightly again and said, "Since the plaintiff just said that the selected works are not the university's scientific research assessment goals, can the plaintiff confirm that Associate Professor Shimokawa will not use "The Journey to the Eastern Lands to Tang Dynasty" as an academic
One of the results will be submitted to the university’s appointment renewal review committee.”
This famous professor exuded a somewhat sinister sneer.
This is an issue that has nothing to do with intellectual property rights.
Although this lawsuit is a copyright dispute, the underlying purpose is to give Shimokawa the opportunity to renew his appointment at Kyoto University.
Shimokawa's thesis indicators did not meet the university's requirements.
The academic achievement he was able to report was this edited version of "The Journey to the Eastern Lands to the Tang Dynasty".
This is what Utsunomiya grasped. As long as Shimokawa uses "The Journey to the Eastern Lands to the Tang Dynasty" as an academic achievement declaration, it is an admission that this edited work was carried out to complete the scientific research tasks of the university.
And if Shimokawa does not declare this edited work as an academic achievement, he will have no chance of being renewed by the university.
An extremely difficult choice was placed in front of this young man.
The student representatives who sympathized with Shimokawa in the auditorium held their breath unknowingly and were even afraid to listen to the plaintiff's lawyer's answer.
In this world, there are always people like this who can find a way for you where there is no way. In the face of difficulties as high as mountains, they can always find a way to find a new way. When faced with extreme dilemmas, he
But you can find a perfect way.
The corner of Kitahara's mouth raised slightly, "Whether a work of employment is recognized or not depends on the process of its creation. In other words, from the beginning of creation to the completion of a work, as long as it is not carried out under the explicit will of the legal person,
Then, it is not a professional work."
"Once a work is created, its attributes are fixed. A proofreading work that was not a work for service will not become a work for service because it is used for declaration later. Isn't the reason behind this very simple?
"
In just a few words, the dilemma set by Utsunomiya was easily overturned in an instant.
So much so that this question, which was supposed to be an extremely tricky question, actually seemed a bit silly.
However, before the law professor in the dock could react, Kitahara took another step forward and continued to fire, "Just now, the defendant said that Kyoto University had applied to the Academic Promotion Committee for the project of re-editing "The Eastern Land Parade to the Tang Dynasty".
Indicates that the work is organized by a legal person and assumes responsibility."
"However, the project of "Eastern Tour to the Tang Dynasty" was established three years ago. According to the notarial certificate just produced by the agent, the plaintiff had already started the relevant revision activities five years ago, and had his laptop in Word
The creation and modification time of the document are used as evidence. This further illustrates that when Shimokawa started collating the ancient book, Kyoto University was not organized and took responsibility."
Another raging wave swept over.
There are three key points for identifying employment works. The first is that the creation of the work is to complete the tasks issued by the company. The second is that the creation of the work is organized and assumed by a legal person. The third is that the work is
The creation takes advantage of the material and technical conditions of the legal person.
Only one of the three conditions is missing.
It no longer constitutes a special professional work.
However, Beiyuan did not give up after denying the first condition. He continued to deny the second condition, like a ferocious monster with a huge appetite that could never be filled, and kept devouring it like crazy.
He bites and tears every living thing in front of him, and drinks blood.
This aggressive gesture showed the attitude of the young man in front of him.
Chapter completed!