Chapter 71 The Undetectable Trap
The corrective corrections of the entire 513 places are similar.
Under the fierce attack of this Kitano lawyer, many listeners on the field couldn't help but think that Fujimura's schoolwork must have been, or at least referred to Shimokawa's manuscript. Some student union representatives who were engaged in the activities of resisting Takeuchi's vice principal showed contempt and looked at the defendant's dock.
Utsunomiya never expected Kitahara to find another tricky angle to attack. The young man in front of him was as annoying as a dog skin plaster that he could never get rid of!
However, what this famous professor of law is unknown is that he has also practiced Chinese and has a considerable understanding of the teachings and reading Chinese characters.
The current situation is still possible.
Utsumiya's eyes flashed with coldness, and she quickly stood up and said, "Chief referee. The misunderstandings mentioned by the plaintiff just now cannot be used to prove the so-called substantial similarity. In fact, the so-called examples mentioned by the plaintiff just now, such as lying horizontally, lonely, etc., are all other words and errors that can be completed without much effort in the school exam."
"For example, although the pronunciation of the two Chinese characters "海" and "海" are different in Oriental Chinese, the pronunciation in Chinese is exactly the same. As long as people with Chinese knowledge see the word "海" and they can react. The "海" in it is "海" under "海". In the correction process, there is no need for special profound knowledge."
"The same is true for 'selves' and 'selves'. In Chinese, 'zero' is the second tone, while 'gap' is the fourth tone. In addition to the different tone, its pronunciation itself is the same."
"In addition, it is the shape of the characters. The 'Yudi' mentioned by the plaintiff just now is very similar in shape of the characters. It is very likely that the original copy was misinformed as 'Yudi' during the copying process. This correction does not require special knowledge."
Utsunomiya took a step forward and said, "From the above signs, the facts of many errors in the Tang Dynasty can be completed only by the level of general Chinese, and does not require unique thinking power to play a role in it. Therefore, although the plaintiff just provided evidence that many errors in the other words were similar, he did not provide evidence to prove the level of knowledge required for errors in the other words."
"For example, can I become the co-creator of this manuscript just because I have modified several common typos in other people's manuscripts? This is obviously absurd. Based on this, the evidence submitted by the plaintiff cannot rule out the possibility that he claims to be similar, and only requires a general level of Chinese knowledge can be used to complete the correction. Therefore, the plaintiff's evidence has not reached the high degree of conspicuousness required by the Civil Procedure Law and cannot achieve its purpose of proof!"
In an instant, this famous professor of the East once again demonstrated his extremely high legal cultivation.
In just a moment, he combined the Chinese knowledge he had learned with the copyrighted legal theory and created a sharp counterattack. Kitahara's seemingly impeccable evidence was torn apart by the law professor.
Looking at this scene, the university management, who had just expressed a serious expression, relaxed again, as if the heavy stone that had just been pressed into his heart had been removed a little. Yes, it was just a mistake in the shape of the characters and the pronunciation. What's so great about it?
Miyagawa, who was sitting in the plaintiff's dock, had two curved eyebrows slightly frowned. Miyagawa did not have Chinese knowledge, but after listening to Utsunomiya's rebuttal just now, she couldn't think of any good way to respond. The other party's argument was very convincing.
However, if you are a person who does not have Chinese knowledge, you will feel this way, let alone the judges on the referee's bench.
Utsunomiya sneered and looked at Kitahara in front of her.
He didn't believe that Bei Yuan could find an effective way to refute himself.
If this young man really follows the ideas he proposed just now to prove that these proofreading requires special knowledge and refute himself, it is falling into a trap.
In intellectual property disputes, the most important strategy is to drag the other party into the quagmire of providing evidence.
Once you start to argue whether you need to use special knowledge to proofread the mistakes of other words, you are entering the quagmire.
The more debates are, the longer it will be.
The more it shows that this issue is very controversial.
The more controversial the judges dare not judge the establishment of infringement.
Thinking of this, Utsunomiya couldn't help but look forward to Kitaru's refuting himself even more, so that he could get into the trap. Come and refute, come and refute!
Once you speak up, you will know what a legal trap is!
Utsunomiya's smile couldn't help but become ferocious.
In the court, there was silence for about a few dozen seconds.
I only saw Kitahara not being affected by the counterattack just now, and the corner of his mouth curled up slightly and said, "Professor Utsunomiya seemed to have completely regarded 'any other words' as a correction of the typos in ancient books."
There seems to be a faint sarcasm hidden in the plain words.
It seemed as if the legal counterattack made by Utsunomiya had a huge loophole.
"Huh?" Utsumiya didn't react for a moment after listening to Kitahara's words. The first sentence the young male lawyer said was not consistent with the direction of rebuttal he expected.
Things seem to be not developing in the direction that Utsunomiya envisions.
The smile on Kitahara's face became even more raging. He seemed to have already had an insight into the trap set by Utsunomiya. He will clearly tell the law professor in the court today how to set up legal traps.
"The so-called misunderstanding of ancient books is not a typo. What the defendant said just now is the same pronunciation and shape of the characters is completely to proofread the misunderstanding of ancient books, which is confusing the typo in general articles. The so-called misunderstanding of ancient books is to restore the original words in the ancient books, rather than to revise them."
"In other words, even if there are typos in ancient books, as long as this typo is from the ancient text, it should not be corrected."
This chapter is not finished yet, please click on the next page to continue reading the exciting content behind! "Chief Judge!" Kitano said loudly, "From the discussion of the defendant's agent just now, it is obvious that he lacks understanding of the mistakes in the essays of ancient books. Common methods of essays in ancient books include other schools and the school. The so-called essays are to determine which original characters of the other characters in ancient books should be by comparing different books. The school determines the original characters of the other characters by the previous and subsequent texts of the same book."
"No matter which proofreading method is, it is not a so-called repair of typos in the simple sense. Instead, it is a selection of other characters between various backgrounds. This is the real process of proofreading other characters in ancient books. Once we understand that the process of proofreading is to select the text, we will be able to understand the absurdity of the similarities of different characters in the entire 513 places."
"In other words, when the defendant Fujimura chose the text of different versions, he made 513 choices exactly the same as the plaintiff Shirakawa. There are as many as 17 copies of the Tang Dynasty. When choosing characters with other proofreading methods, it is impossible to have such large-scale repetitions. The above signs clearly show that Fujimura's other words proofreading is a copy of Shirakawa's proofreading draft!"
Utsumiya opened her mouth slightly, and cold sweat had already oozed out from behind.
Suddenly, he understood.
I understand why Beiyuan needs to use the words "solute", "lying" and "paying" as an example and explain it in court.
He did it on purpose.
He did it on purpose!!
In order to create a wrong impression on yourself - the proofreading of ancient books is to correct the typos of ancient books, rather than restore the original text of ancient books.
After giving myself this wrong impression, I had a counterattack from the shape and pronunciation.
But this counterattack fell into his ambush!
From the beginning, this young man set up this trap when he presented evidence.
An undetectable trap.
Chapter completed!