Conan's Victory is Justice
Chapter 172 1 The Law That Ordinary People Think VS The Law In Reality
Chapter 172 The Law That Ordinary People Think VS The Law In Reality
In the next period of time, Gu Meimen will read all the copies of the files about Daisuke Torakura's past novel plagiarism that he got from the police station.
"I see."
After reading it, he nodded.
No wonder Daisuke Torakura wins every plagiarism lawsuit.
According to normal jurisprudence, his level of plagiarism definitely constitutes plagiarism.
However, he exploited a legal loophole in copyright law.
According to the dossier, Daisuke Torakura opened a novel studio and recruited some writers to write books.
According to him, all his works are jointly completed by these writers.
Under his operation, the copyright of the novel was divided.
This involves five articles of No. 60 of the Japanese Copyright Law.
For a work created jointly by two or more people, the copyright is shared by the co-authors, which is called "co-authorship".
That is to say, the copyright can be divided and used, and the authors can independently enjoy the copyright for the part of their own creation.
Daisuke Torakura has claimed in previous lawsuits that only the right to author the work belongs to himself, which was unanimously decided by all partners.In addition, all rights in the copyright are shared by the novel studio.
What is the result of this?
Even if there is plagiarism in the novel, and there are a lot of them.
But it is also the respective writers plagiarizing in their respective copyright shares.
Divide the plagiarized part, and everyone will get a little bit of rain and dew, then it will not meet the standard of plagiarism.
In this way, the entire work does not constitute true plagiarism.
"Torakura Daisuke, this person is too disgusting!"
After listening to Gu Meimen's analysis, Xiao Ai also suddenly realized, and couldn't help but curse.
Gu Meimen glanced at her: "Do you remember what I told you before? There are quite a few cases about the copyright of artistic creation, and all of them failed."
Xiao Ai moved her mouth: "I know, but this is too..."
This incident has a little impact on Xiao Ai's three views.
Art creation is a very difficult process, and its degree is the same as that of physical and chemical discovery and creation of new things.
Just because there is a loophole in the law, plagiarists can get away with it, she really can't imagine such a thing happening.
"The case of Daisuke Torakura is relatively normal."
Gu Meimen shook her head.
"Have you ever seen an original author being accused of plagiarism by a plagiarist?"
"Uh……"
Xiao Ai couldn't speak.
Gu Meimen raised her eyebrows: "Looking at your expression, you seem to be unstable about the law."
Xiao Ai nodded: "Yes."
"I guess you think in your heart that no matter what, the law still exists to achieve justice. In fact, you have the same concept as Kudo Shinichi."
"..."
Xiao Ai did not speak.
Indeed, although she has been following Gu Meimen, she has also experienced many lawsuits with him and learned a lot.
But as a girl who has grown up at her real age.
Her three views have already been formed, and it is not so easy to change.
Everyone has their own personality. When analyzing things, people are always used to thinking with their own three views.
Although Gu Meimen always said that the law does not care about the truth, although she often agrees with Gu Meimen's words, she still hopes that the law cares about the truth in her heart-this is also the concept that most people expect when they look at justice.
Seeing the silence of the girl in front of her, Gu Meimen couldn't help laughing.
"Well, let me test you on a legal question, how about it?"
Xiao Ai raised her head, nodded and said, "Well, you say."
"A couple was fishing by the river at the entrance of the village. The wife accidentally fell into the water. Because she couldn't swim, she shouted for help, hoping that her husband would come to save her. However, because the husband and wife had a bad relationship, he didn't go to save her, and there were no other people around. The man was alive, so the wife was finally drowned. May I ask if the husband has sinned?"
This is a common basic question in law examinations.
Xiao Ai almost didn't think about it: "Of course it's a crime. The husband and wife are legally obliged to rescue each other. If the husband fails to fulfill this obligation, it is a crime of omission. It should be the indirect intent of the crime of intentional homicide."
However, Gu Meimen immediately said: "What you said is wrong."
"what?"
Xiao Ai was stunned.
This question is obviously very basic. If you pick up any law examinee, you will definitely answer "Omission is a crime".
Xiao Ai tilted her head: "Could it be intentional?"
Gu Meimen shook her head: "It's wrong, it's even more wrong if you say that."
Xiao Ai didn't understand: "Then what is the correct answer?"
Gu Meimen said: "The correct answer is: the husband is not guilty at all, and will be released without charge."
"..."
Xiao Ai twitched the corners of her mouth, with a "you're kidding me" expression on her face.
"This is the difference between the law that most people think of and the real law in reality."
Gu Meimen said so.
"You said that your husband committed a crime of omission, which is intentional homicide, so how do you prove that he committed a crime?"
"The location is by the river at the entrance of the village. There will be no surveillance and no one around."
"The husband made up a random excuse, saying that he went to the toilet on the way, and when he came back, he saw his wife drowned."
"In this case, who can accuse him of a crime?"
"..."
Xiao Ai fell silent again.
After a while, she let out a long sigh: "You are right."
"There is a trap in the question, you didn't notice it, you just drew the conclusion rigidly based on the legal knowledge you learned."
Gu Meimen stretched out her hand and gently stroked the girl's head.
"In the exam, your answer is right. But in reality, what you say is wrong. This is the real law. The law is not such a simple thing, it is not just talk on paper, it is the result that needs to be combined with reality. "
"All right, all right, you're right."
Xiao Ai slapped Gu Meimen's hand off and gave him a blank look.
"So, when it comes to Daisuke Torakura, people just let him get away with it because he didn't break the law, right?"
"Not quite."
Gu Meimen showed a meaningful expression.
"As I said, this case is not that simple. When the court day comes, you will see the truth you want to see."
……
Time flies very fast.
In a blink of an eye, it was the day when Daisuke Torakura's novel plagiarism case started.
Early in the morning, Gu Meimen dressed neatly, came to the door of Xiao Ai's room, knocked on the door, and called her to get up.
Xiao Ai's room is on the second floor, next door to Gu Meimen.
After a while, the door was opened.
Xiao Ai appeared in front of Gu Meimen with a pair of bare feet and a pajamas with bear pattern.
"Nice pajamas."
Gu Meimen looked at her and nodded, "I can see it, you like this tone, don't you?"
"Stop talking nonsense, wake me up so early, is someone dead in your family?"
The girl was sleepy, with a trace of anger in her eyes.
It seems that she is very angry when she wakes up.
"It's not that you are going to file a lawsuit. Is it necessary to rush there?"
(End of this chapter)
In the next period of time, Gu Meimen will read all the copies of the files about Daisuke Torakura's past novel plagiarism that he got from the police station.
"I see."
After reading it, he nodded.
No wonder Daisuke Torakura wins every plagiarism lawsuit.
According to normal jurisprudence, his level of plagiarism definitely constitutes plagiarism.
However, he exploited a legal loophole in copyright law.
According to the dossier, Daisuke Torakura opened a novel studio and recruited some writers to write books.
According to him, all his works are jointly completed by these writers.
Under his operation, the copyright of the novel was divided.
This involves five articles of No. 60 of the Japanese Copyright Law.
For a work created jointly by two or more people, the copyright is shared by the co-authors, which is called "co-authorship".
That is to say, the copyright can be divided and used, and the authors can independently enjoy the copyright for the part of their own creation.
Daisuke Torakura has claimed in previous lawsuits that only the right to author the work belongs to himself, which was unanimously decided by all partners.In addition, all rights in the copyright are shared by the novel studio.
What is the result of this?
Even if there is plagiarism in the novel, and there are a lot of them.
But it is also the respective writers plagiarizing in their respective copyright shares.
Divide the plagiarized part, and everyone will get a little bit of rain and dew, then it will not meet the standard of plagiarism.
In this way, the entire work does not constitute true plagiarism.
"Torakura Daisuke, this person is too disgusting!"
After listening to Gu Meimen's analysis, Xiao Ai also suddenly realized, and couldn't help but curse.
Gu Meimen glanced at her: "Do you remember what I told you before? There are quite a few cases about the copyright of artistic creation, and all of them failed."
Xiao Ai moved her mouth: "I know, but this is too..."
This incident has a little impact on Xiao Ai's three views.
Art creation is a very difficult process, and its degree is the same as that of physical and chemical discovery and creation of new things.
Just because there is a loophole in the law, plagiarists can get away with it, she really can't imagine such a thing happening.
"The case of Daisuke Torakura is relatively normal."
Gu Meimen shook her head.
"Have you ever seen an original author being accused of plagiarism by a plagiarist?"
"Uh……"
Xiao Ai couldn't speak.
Gu Meimen raised her eyebrows: "Looking at your expression, you seem to be unstable about the law."
Xiao Ai nodded: "Yes."
"I guess you think in your heart that no matter what, the law still exists to achieve justice. In fact, you have the same concept as Kudo Shinichi."
"..."
Xiao Ai did not speak.
Indeed, although she has been following Gu Meimen, she has also experienced many lawsuits with him and learned a lot.
But as a girl who has grown up at her real age.
Her three views have already been formed, and it is not so easy to change.
Everyone has their own personality. When analyzing things, people are always used to thinking with their own three views.
Although Gu Meimen always said that the law does not care about the truth, although she often agrees with Gu Meimen's words, she still hopes that the law cares about the truth in her heart-this is also the concept that most people expect when they look at justice.
Seeing the silence of the girl in front of her, Gu Meimen couldn't help laughing.
"Well, let me test you on a legal question, how about it?"
Xiao Ai raised her head, nodded and said, "Well, you say."
"A couple was fishing by the river at the entrance of the village. The wife accidentally fell into the water. Because she couldn't swim, she shouted for help, hoping that her husband would come to save her. However, because the husband and wife had a bad relationship, he didn't go to save her, and there were no other people around. The man was alive, so the wife was finally drowned. May I ask if the husband has sinned?"
This is a common basic question in law examinations.
Xiao Ai almost didn't think about it: "Of course it's a crime. The husband and wife are legally obliged to rescue each other. If the husband fails to fulfill this obligation, it is a crime of omission. It should be the indirect intent of the crime of intentional homicide."
However, Gu Meimen immediately said: "What you said is wrong."
"what?"
Xiao Ai was stunned.
This question is obviously very basic. If you pick up any law examinee, you will definitely answer "Omission is a crime".
Xiao Ai tilted her head: "Could it be intentional?"
Gu Meimen shook her head: "It's wrong, it's even more wrong if you say that."
Xiao Ai didn't understand: "Then what is the correct answer?"
Gu Meimen said: "The correct answer is: the husband is not guilty at all, and will be released without charge."
"..."
Xiao Ai twitched the corners of her mouth, with a "you're kidding me" expression on her face.
"This is the difference between the law that most people think of and the real law in reality."
Gu Meimen said so.
"You said that your husband committed a crime of omission, which is intentional homicide, so how do you prove that he committed a crime?"
"The location is by the river at the entrance of the village. There will be no surveillance and no one around."
"The husband made up a random excuse, saying that he went to the toilet on the way, and when he came back, he saw his wife drowned."
"In this case, who can accuse him of a crime?"
"..."
Xiao Ai fell silent again.
After a while, she let out a long sigh: "You are right."
"There is a trap in the question, you didn't notice it, you just drew the conclusion rigidly based on the legal knowledge you learned."
Gu Meimen stretched out her hand and gently stroked the girl's head.
"In the exam, your answer is right. But in reality, what you say is wrong. This is the real law. The law is not such a simple thing, it is not just talk on paper, it is the result that needs to be combined with reality. "
"All right, all right, you're right."
Xiao Ai slapped Gu Meimen's hand off and gave him a blank look.
"So, when it comes to Daisuke Torakura, people just let him get away with it because he didn't break the law, right?"
"Not quite."
Gu Meimen showed a meaningful expression.
"As I said, this case is not that simple. When the court day comes, you will see the truth you want to see."
……
Time flies very fast.
In a blink of an eye, it was the day when Daisuke Torakura's novel plagiarism case started.
Early in the morning, Gu Meimen dressed neatly, came to the door of Xiao Ai's room, knocked on the door, and called her to get up.
Xiao Ai's room is on the second floor, next door to Gu Meimen.
After a while, the door was opened.
Xiao Ai appeared in front of Gu Meimen with a pair of bare feet and a pajamas with bear pattern.
"Nice pajamas."
Gu Meimen looked at her and nodded, "I can see it, you like this tone, don't you?"
"Stop talking nonsense, wake me up so early, is someone dead in your family?"
The girl was sleepy, with a trace of anger in her eyes.
It seems that she is very angry when she wakes up.
"It's not that you are going to file a lawsuit. Is it necessary to rush there?"
(End of this chapter)
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