Chapter 54 Tort Laws
In the field of copyright law, the rule for judging whether infringement is established is the famous "contact substantial similarity" rule. This rule originated from the Western Laurence v. Dana case in 1869. After more than a hundred years of ups and downs,
Not only has this rule not been eliminated over time, but it has become a golden rule used throughout the world to determine the establishment of copyright infringement.
The so-called "exposure to substantial similarity" means that if you want to accuse someone of plagiarizing your work, you must prove that - first, others have had access to your work; second, his work is similar to your work
There is substantial similarity. When these two prerequisites are met, copyright infringement can be declared established.
This is the burden of proof that Miyagawa and Kitahara face.
That is to say - they must prove that Fujimura had been exposed to Shimokawa's "Eastern Land Parade to the Tang Dynasty" and that the two manuscripts were substantially similar.
Right now, the first towering mountain standing in front of them is "Contact".
Miyagawa listened to the judge's instructions, frowned slightly, and held the prepared evidence submission with his fingers. It is actually not easy to prove that Fujimura had been exposed to "The Eastern Land Parade to the Tang Dynasty" written by Shimokawa.
Although Shimokawa once said that Fujimura went to his teaching and research office to pick up the third draft of Sentang Ji, there is no direct evidence to prove that this happened.
There is no doubt that proving the establishment of contact will be an unprecedentedly tough battle.
Miyagawa held the evidence book in his hand and stood up from the plaintiff's seat. "Next, the plaintiff will present the second set of evidence. The first piece of evidence is the notarization certificate No. A685287 issued by the Kyoto Prefectural Kosho Notary Office. The content of the notarization is that the defendant was born three years ago.
Email sent to the plaintiff half a year ago.”
"In the email, the defendant asked the plaintiff, 'Teacher Shimokawa. The Academic Promotion Committee has recently launched an application for an ancient books re-schooling project. Are you interested in participating? If so, come for an interview.'"
"The second piece of evidence is the "Minutes of the Kyoto University Graduate School of Humanities Project Seminar." The seminar also took place three and a half years ago. The minutes of the meeting indicate that the college held a meeting to discuss the application for a special school project. Among them, at 15 o'clock -
The content of the discussion at 16:30 is the possibility of establishing a proofreading project for "The Journey to the Eastern Lands to the Tang Dynasty", as well as a preliminary discussion of proofreading samples."
"The third piece of evidence is the notarization certificate No. A685288 issued by the Kyoto Prefectural Kosho Notary Office. The content of the notarization is the text message on the mobile phone of the plaintiff Shimokawa. The text message is the mobile phone message sent by the defendant Fujimura to the plaintiff two and a half years ago. The specific content is,
'Teacher Shiachuan, how is the progress of the school attendance?'"
"The fourth piece of evidence is the "Kyoto University Ancient Books School Project Application Form". In the column of the project host in the form, the name stated is the defendant 'Yoshiro Fujimura'. The Academic Promotion Committee is currently discussing the "Eastern Land Parade Expedition"
"Tang Ji" scientific research project announcement information also shows that the project leader is 'Fujimura Kayo'."
One piece of evidence was placed on the plaintiff's desk, including two notarial certificates and two documentary evidences. Each piece of evidence presented meant factual accusations against the dignified dean of Kyoto University's Graduate School of Humanities for alleged plagiarism.
, took another step forward. The school management in the auditorium could not help but sweat slightly.
After presenting these four pieces of evidence, Miyagawa straightened his body and said loudly, "The second set of evidence just presented by the plaintiff proves that after the plaintiff Shimokawa started to read "The Eastern Land Parade to the Tang Dynasty", the defendant Fujimura invited the plaintiff
Participated in the scientific research project establishment of the Academic Promotion Committee. Among them, the college’s project establishment seminar records indicate that the content of the meeting included a discussion of the proofreading of "The Eastern Land Parade to the Tang Dynasty"."
"At the same time, the evidence also shows that the defendant Fujimura is the host of the scientific research project and is responsible for the overall planning and promotion of the "Eastern Land Parade to Tang Dynasty" schooling project. He once sent text messages to the plaintiff to inquire about the progress of the schooling. Based on the above evidence, it can be
It shows that the defendant Fujimura had contact with the proofreading samples submitted by Shimokawa in college seminars, and continued to have contact with them as the host of the proofreading, tracking the results of the proofreading of the plaintiff Shimokawa."
"Therefore, judging from the above circumstances, the fact that the defendant has access to the plaintiff's edited works has met the prerequisites for establishing plagiarism!"
The cold word "plagiarism" echoed in the court. When the word was really spoken from the mouth of the plaintiff's lawyer this time, it seemed so harsh. The school's management was already feeling even more pressure. After all, this lawsuit had a huge impact on the university.
reputation has an extremely important impact. And the evidence just presented by the plaintiffs proves that their accusations are not groundless.
Those emails and text messages might be able to deal with it.
However, the minutes of the meeting cannot be ignored. It clearly states that the college discussed the proofreading manuscript of "Send to the Tang Dynasty" at the meeting. This is indeed sufficient proof that Fujimura had been in contact with Shimokawa's proofreading manuscript.
The student representatives below were already scolding Fujimura in a low voice. The pressure in the court suddenly gathered on the side of the defendant.
The famous law professor sitting at the table could be seen looking relaxed. It seemed that the four pieces of evidence just thrown out by the plaintiff had not had any impact on him.
Utsunomiya is very confident.
This confidence does not come out of thin air.
Because all the four pieces of evidence presented by the plaintiff were within his prior expectations.
Children are children.
Every step is under the adults' calculations.
Utsunomiya smiled coldly, then stood up, holding up a few A4 papers in his hand, and said: "Just now, the plaintiff mentioned that Kyoto University's Graduate School of Humanities had discussed demobilization at a scientific research project seminar held by the college.
Tang Ji’s proofreading manuscript. In fact, the plaintiff’s statement seriously distorts the facts.”
Utsunomiya gently waved the A4 paper in his hand, and his smile became more sinister, "The two A4 papers I have here are the proofreading manuscripts of the so-called "Send to the Tang Dynasty" discussed at the project establishment seminar. The sample manuscripts of that day - only this
Two pieces of paper."
Just...just these two pieces of paper?! Miyagawa's eyes widened slightly when she heard this statement. In fact, she and Kitahara didn't know what the proofreading manuscript discussed in this seminar looked like. Because
, Shimokawa was not invited to participate in this seminar. Shimokawa only learned from the meeting minutes afterwards that his proofreading manuscript was discussed in this seminar.
Utsunomiya went on to say: "The college's discussion of the proofreading manuscript of "Send to Tang Dynasty" that day was actually limited to the style of proofreading and did not touch on the actual content. The so-called sample draft only excerpted the first two pages of "Send to Tang Dynasty"
, after a little proofreading, it was used as a sample of the style to be displayed in the college for discussion on the proofreading format. It is impossible for the defendant Fujimura to have come into contact with the plaintiff’s so-called proofreading work just by relying on these two pages!"
Utsunomiya took a step forward, "The plaintiff has been trying to create an image of the defendant Fujimura as a robber and plunder the plaintiff's edited works. However, these statements are seriously inconsistent with the true events of the incident. Now, it is time for the defendant to represent
Chapter completed!