Chapter 83: Expert
In an instant, the situation became tense again. Utsunomiya revealed another side of the facts by pointing out that there was a sentence reading in the two manuscripts, and once again wavered Kitahara's evidence. This fierce counterattack,
Once again, the Eastern authority on intellectual property law in front of me is by no means a sick tiger.
Upon hearing this, the judges on the bench also turned their attention to the plaintiff's bench.
After all, if a considerable part of Shimokawa's proofreading manuscript comes from ancient sentence readings, then the originality of the proofreading will be challenged.
The expression on Beiyuan's face did not change, but he saw him pull out a piece of paper from the plaintiff's bench behind him. With a glance, he heard his calm voice saying, "The referee. The defendant's cross-examination opinions just now are not complete.
Present the facts. The so-called Tang Qing version and Mo Huayuan version just mentioned have major omissions in the collection. There are a total of 83 articles in the proofreading manuscript of the plaintiff Shimochuan. However, the Tang Qing version only contains 17 articles, and the Mo Huayuan version only contains 17 articles.
Collected 19 articles.”
"Among them, 15 articles are duplicated in the Tang Qing version and the Mo Huayuan version. In other words, the two original versions together contain a total of 21 articles. Their proportion is less than 25%. Even if we take a step back and assume
, Plaintiff Shimokawa’s proofreading was directly extracted from the sentence readings of the above two manuscripts, and still more than 75% of the proofreading content was completed by him independently, and the originality of his proofreading results cannot be doubted.”
"But in fact, there are a lot of errors in sentence reading in the Tang Qing version and the Mo Huayuan version. In the latest version of the manuscript edited by my client, Xiachuan Dian, there is a special postscript about the sentence reading in the Tang Qing version and the Mo Huayuan version.
After Shimokawa's research, it was found that in the Kyushu book engraving workshop eight hundred years ago, there were very few Oriental people who were proficient in Chinese characters. Just out of the pressure to dedicate the book to the local daimyo, the book engraving craftsmen were unable to read many Chinese characters.
Forced to add many sentences to read."
"Judging from the results, the sentence readings in Tang Qing's version and Mo Huayuan's version are not only unreliable, but also cause more misleading to the reviewers. It is worth mentioning that not only "The Journey to the East", but also all
There are many errors and omissions in other ancient books of Jiuzhou Keshufang that are still in the world. Scholars who are engaged in the collation of ancient books all regard the sentence readings of Jiuzhou Keshufang as if they do not exist."
"Therefore, the defendant's cross-examination opinion cannot be established. The fact that there are sentence readings in Tang Qing's version and Mo Huayuan's version is not enough to overturn the originality of Xiachuan Dianjiao's draft!"
The young plaintiff's lawyer once again burst out with great energy.
A counterattack once again tore Utsunomiya's cross-examination opinion into pieces.
Judge Takanashi looked at Kitahara on the bench and said, "Plaintiff's attorney, do you have any other evidence to prove?"
"Chief Judge, the plaintiff has finished presenting his evidence, and there is no other evidence to be submitted to the court." Beihara bowed slightly, then turned around to look at the defendant's dock, and raised his voice:
"To sum up, the second to seventh sets of evidence submitted by the plaintiff jointly prove that Fujimura and Shimokawa's proofreading manuscripts contain six types of plagiarism: style plagiarism, text plagiarism, collation plagiarism, annotation plagiarism, paragraph plagiarism, and punctuation plagiarism.
.Based on this, it should be determined that the defendant’s and plaintiff’s works are substantially similar, and an infringement has been established!”
The long process of proof finally came to an end.
The lengthy comparison report revealed that Fujimura had six types of plagiarism.
This is an encirclement force launching attacks from all directions.
Utsunomiya sat in the dock, his face covered with dark clouds. It was indeed unexpected that the evidence stage of this lawsuit turned out like this. But to a certain extent, there was no way, if Fujimura hadn't concealed it.
Shimokawa's third draft of proofreading, at least the preparation time can be more sufficient.
However, the real outcome of this lawsuit does not lie in the court investigation...
Utsunomiya raised his head and stared at the two plaintiff lawyers at the plaintiff's table opposite.
"Does the defendant's attorney still have any cross-examination opinions to express?" Judge Takanashi turned his head and looked at his late monk mentor.
"Nothing to add." Utsunomiya responded coldly.
Judge Takanashi looked at the clock on the wall. It was almost 2 o'clock again. In the second hearing of evidence, more than 10 comparison reports and thousands of pages of materials were presented in court. It was a tug of war.
war.
Judge Takanashi immediately announced: "Now the court investigation phase has officially ended. The plaintiff has presented corresponding evidence for its claim, and the defendant has issued cross-examination opinions on the evidence presented. The court will continue at the same time and place next week. So next
At the next hearing, the case trial will enter the court debate stage. The court will issue a summons again and notify the attorneys of all parties."
"The court is adjourned now."
"Click!"
The crisp sound of the gavel struck.
The second trial has officially ended.
Miyagawa let out a long breath on the plaintiff's bench, spread out his beautiful curved eyebrows, turned to look at the man beside him, and smiled happily, "Kitahara, thank you for your hard work. Judging from the court investigation, you are
I crushed the head of the famous professor opposite."
Although the trial was over, Beihara's expression did not relax. He turned sideways and said, "The real battle has not begun yet. Next, Miyagawa, you have to continue to help. Put in all the knowledge you learned during college.
All knowledge of copyright law can be used.”
Miyagawa was stunned for a moment. She didn't expect that Beiyuan's expression would still be so serious after the court session. She suddenly fell into confusion. She didn't understand why the man in front of her had obviously gained the upper hand in the court investigation.
He still looked like he was facing a powerful enemy and was on high alert.
Miyagawa couldn't help but feel nervous. Because she knew that since Beihara said this, he would definitely encounter unprecedented difficulties and challenges in the next trial.
At this moment, Imanishi was also sitting in the auditorium, with his legs crossed, and he leisurely listened to this morning's court hearing. He narrowed his eyes slightly and looked at the figure sitting next to his daughter.
Judging from the court hearing in the morning, if a layman were watching, he would definitely feel that Kitahara had the upper hand. He threw one comparison report after another in the opponent's face, and twice forced the defendant's attorney to
Unable to respond. Coupled with the dazzling contrast effect projected by the projector and the so-called "six types" of plagiarism. All of these will give people the illusion that the plaintiff's lawyer has won the initiative.
However, under this superficial advantage, there are actually dangers.
Imanishi has also represented intellectual property cases, and he has also dabbled in intellectual property law. Indeed, it is quite good for Kitahara, who has just graduated and has no practical experience in copyright cases, to be able to achieve this level.
However, if you look at it from an insider’s perspective——
Chapter completed!