Conan: The winner is justice

Just listen to Rei Kujo continuing to argue.

"Whether it is legal to plagiarize your own book depends on the specific situation. If the copyright belongs to the author himself, it is legal. But in the current case, due to the alleged plagiarism of the novel "Dunhei", its copyright It belongs to the employer Daisuke Tokura, not to the ghostwriter Toshiya Tadokoro. Therefore, even if Toshiya Tadokoro copied his own work, his behavior still constitutes a crime of infringement!"

After finishing speaking, Kujo Rei breathed a long sigh of relief, looked at Gu Meimen, and the smile gradually returned to her face.

Gu Meimen raised her eyebrows.

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

This case is currently a bit convoluted, and the meaning of Kujo Reimasa's words is rather complicated.

Most people may not understand it.

Here, in brief words, I will sort out the entire details of the case——

The defendant Daisuke Tokura hired Toshiya Tadokoro to write a book. This book was suspected of plagiarizing another novel. At this time, the author of that novel came to sue Daisuke Tokura. After verification, it was found that both novels were plagiarized. It was written by gunman Toshiya Tadokoro.

So, if we only go by the circumstances presented in the current case, is the crime of infringement 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 ghostwritten by the gunman, it is still considered to be written by Tokura himself.

Therefore, on the surface it seems that the shooter copied himself, but in fact it was Hu Cang who infringed the copyright of another book by the shooter.

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

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

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

Similarly, if you write a novel, you sign a contract with a novel website, and the contract states that you will 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, the things you write will be very similar to your original novel——

Sorry, you violated the copyright. If the original website sues you, you will lose the lawsuit. Even if you give up your signature rights to that website and write a book on a new website, you still can't use the original pen name.

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

Of course, the law is the law. In reality, unless both parties break up, they will generally not do this.

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

But who is Gu Meimen?

He had dug the hole before.

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

I saw Komemon turning his head and looking at the witness Toshiya Tadokoro with a smile.

"Yeah, so what?"

Tadokoro Toshiya frowned slightly and had not yet reacted.

But the expression of Kujo Reimasa next to him changed, and the smile that had just returned to his face gradually disappeared again.

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

He repeatedly checked with witnesses to confirm whether the recording was authentic and reliable.

The answer here is yes.

What you say in court is like water being thrown out. You can remain silent, but any word you say will become evidence in court.

But then, the plot suddenly reversed.

Gu Meimen also gave evidence that both books were written by the witnesses themselves.

This is bad. What will be the result?

It will make people think that the witness recorded the audio under the premise of "inducing speech".

Because both books were written by him, what Tocura asked him to copy in the recording was actually his own book. He did not put forward any point of view, but followed Tocura's words, which was a "leading speech" possible.

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

The so-called view that "Hu Cang ordered him to copy books" will not be established.

According to the original recording, Hucang's behavior can be treated as the "principal offender" who is directly responsible for tort crimes in the criminal law, and he has a strong subjective consciousness. This is evidence that can prove subjectivity, and the sentencing will be very heavy. .

Don't talk about harsh sentences this time.

In fact, in subsequent cases, the strength of the witness's entire testimony will be weakened.

Kujo Rei had studied the previous lawsuits of Gu Meimen before this.

He has a certain understanding of the style of Gu Meimen, and he will definitely do this.

Sure enough, Gu Meimen immediately behaved in line with Kujo Reimasa's conjecture.

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

"In court, because the witness concealed facts, his actions during the recording process may have led to speeches. This kind of evidence should be considered invalid and cannot be used as evidence in court!"

The judges looked at each other.

The judge was okay, but the jurors all looked troubled and looked embarrassed.

Anyone who comes can hear the contents of the recording clearly.

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

Hu Cang takes plagiarism as a matter of course, and euphemistically calls it reference and tribute. This shameless behavior makes me want to vomit.

Logically, they wanted to declare him guilty directly.

However, according to legal principles, they cannot do this.

After all, what Gu Meimen said is reasonable, and this is indeed the case.

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

Finally, after a while of discussion among the judges.

The judge could only reluctantly bang the hammer.

"The witness testimony is invalid, please provide evidence that is consistent with the facts!"

As soon as the verdict was announced, it immediately caused a commotion in the court.

People sighed.

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

"Why can this be invalid?"

Tadokoro Toshiya's eyes widened with disbelief.

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

The judges glanced at him and shook their heads.

There is no other way, they can only judge like this.

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

But this case is so well-known nationwide.

There were so many people staring at them, it was impossible for them to talk casually.

"quiet!"

The judge banged his hammer to silence the commotion below.

"Please ask the prosecutor to state a new point of view or present new evidence!"

"..."

At the prosecutor's seat, Rei Kujo's expression suddenly changed.

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 unyieldingly.

Yes, this 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 treated as an infringement crime!"