Conan's Victory is Justice

Chapter 198 Depends on whether the copyright is in your hands
Just listen to Jiutiaoling continue to argue.

"Whether it is legal to copy one's own book depends on the specific situation. If the copyright is in the author's own hands, it is legal. But in the current case, due to the alleged plagiarism of the novel "Shield Black", its copyright It belongs to the employer, Daisuke Torakura, and not in the hands of Toshiya Tasho, the ghostwriter, so even if Toshiya Tasho copied his own work, his behavior still constitutes a crime of infringement!"

After finishing speaking, Jiutiao Lingzheng let out a long sigh of relief, looked at Gu Meimen, and gradually restored a smile on her face.

Gu Meimen raised her eyebrows.

As expected of Kujo Reiko's cousin, the response in this regard was quite quick.

This case is currently a bit convoluted, and the meaning of Kutiao Lingzheng's words is more complicated.

Ordinary people may not understand.

In short words here, let me sort out the whole details of the case——

The defendant Daisuke Torakura hired gunman Toshiya Tasho to write a book, which was suspected of plagiarizing another novel. At this time, the title author of that novel came to sue Daisuke Torakura. After investigation, it was found that the two novels were both Written by Gunslinger Toshiya Tasho.

So, if only according to the situation shown in the current case, is the crime of tort established?
The answer is yes.

Because the copyright of the works written by the gunman is in the hands of the employer, even if the book is written by the gunman, it is still considered to be written by Hu Cang himself.

Therefore, on the surface, it seems that the gunman copied himself, but in fact Hucang infringed the copyright of another book of the gunman.

Whoever owns the copyright is the subject of the legal relationship.

This is true when it comes to copyright law, and it is the same in other fields of literary creation.

For example, if you draw a painting and you sell the copyright of the painting to someone, then you can no longer draw the same painting for profit, otherwise it is an infringement, even if you are a painter the original author of .

Similarly, when you write a novel, you sign a contract with a certain novel website, which states that you want to transfer the copyright to the novel website.So, if you fall out with this website in the future, and go to other websites to write novels, and what you write is very similar to your original novel——

Sorry, you infringed.If the original website sues you, you will lose the lawsuit instead.Even if you give up the authorship right to that website, and you go to a new website to write a book, you still cannot use the original pen name.

This is what Gu Meimen said before, "the original author counters the defendant's plagiarism".

Of course, the law is the law. In reality, unless the two sides tear their skins apart, they generally would not do such a thing.

But right now, when ordinary lawyers encounter this kind of situation, they are basically defeated.

But who is Gu Meimen?

He dug the hole before.

"Mr. Tiansuo, do you still remember what I asked you just now?"

Gu Meimen turned her head and looked at the witness Toshiya Tasho with a smile.

"Yeah, so what?"

Toshiya Tasuo frowned slightly, but hadn't reacted yet.

But Jiutiao Lingzheng's expression changed, and the smile that had just recovered on his face gradually disappeared.

Of course he remembered what Gu Meimen asked the witness just now.

He repeatedly checked with witnesses whether the recording was authentic or not.

And the answer here is yes.

Words spoken in court are like water poured out. You can keep silent, but any word will become evidence in court.

But after that, the plot suddenly reversed.

Gu Meimen also gave evidence that the two books were written by the witness himself.

This is going to be bad, what will be the result?
It will make people think that the witness was recorded on the premise of "leading speech".

Because both books were written by him, what Hu Cang asked him to copy in the recording was actually his own book, and he didn’t put forward any point of view. Instead, he followed Hu Cang’s words and said “leading speech”. possible.

In this case, the recording cannot be used as evidence.

The so-called "Hucang ordered him to copy books" point of view will not hold true.

In the original recording, Hu Cang’s behavior can be treated as the “principal” who is the direct principal of the tort crime in the criminal law, and has a strong subjective consciousness, which is evidence that can prove subjective, and the sentence will be very heavy .

Don't say a heavy sentence now.

Even, in the following cases, the strength of the witness's entire testimony will be weakened.

Jiutiao Ling had studied Gu Meimen's previous lawsuits before this.

He has a certain understanding of Gu Meimen's style, and he will definitely do it.

Sure enough, after that, Gu Meimen immediately acted in accordance with Kujo Lingzheng's conjecture.

He turned around and looked at the judge on the stage.

"In court, because the witness concealed the facts, his behavior during the recording process may have the possibility of inducing speech. This kind of evidence should be regarded as invalid and cannot be used as evidence in court!"

The judges looked at each other.

The judge was okay, but the jurors all looked confused and embarrassed for a while.

The contents of the recording can be heard clearly by anyone.

Frankly speaking, except for those female fans, no one would go to stand in Hucang.

Hu Cang took the plagiarism for granted, and called it a reference and a tribute. This kind of shameless behavior made me want to vomit.

Logically, they would have liked to convict him directly.

However, according to the law, they cannot do so.

After all, what Gu Meimen said is well-founded, and the facts are true.

The witness may have had a certain purpose to record this audio, and his testimony can only be regarded as invalid.

Finally, after the judges discussed for a while.

The judge could only reluctantly knock down the hammer.

"The testimony of the witness is invalid, please produce evidence that conforms to the facts!"

As soon as the verdict came out, it immediately caused a commotion in the courtroom.

People sighed.

It was expected and legal, but it was beyond reason.

"How can this be invalid!"

Tasuo Toshiya's eyes widened, filled with disbelief.

"You guys, didn't you hear what that bastard said in the recording? Hucang, that guy doesn't regard other people's works as works at all!"

The judges glanced at him and shook their heads.

No way, they can only judge like this.

It doesn't matter if it's a small case.

But this case is so well-known throughout the country.

With so many people staring at them, they couldn't possibly talk nonsense.

"quiet!"

The judge tapped his hammer and stopped the commotion below.

"Please state the prosecution's new point of view, or come up with new evidence!"

"..."

On the prosecutor's seat, Jiutiao Lingzheng's expression changed for a while.

After a long time, he could only sigh.

I have to admit that Gu Meimen's counterattack is indeed difficult to crack.

After a pause, he raised his head again, and looked at Gu Meimen unwillingly.

Yes, the case is not over yet.

"Although the recording evidence is invalid, in this case, the subject of the legal relationship is still the defendant, and the fact of infringement is objectively established! If the defendant still cannot produce evidence, it must be dealt with as a crime of infringement!"

(End of this chapter)