033 Trial
After listening to the complaint and the reply, the presiding judge asked: "The focus of the dispute summarized by this court is as follows: whether the "Tassel Biography" written by the defendant Zhao Yun (pen name: Lazy Yun) infringes on the "Legend of the Phoenix Chick" written by the plaintiff Li Muyu (pen name: Mu Yu). β
Lu Yuzhou, as the plaintiff's agent, took the lead in presenting evidence.
He was wearing a white shirt, a black suit, clear eyes, and his eyebrows and eyes looked a little sharp in the courtroom, without the usual hanging, pretentiousness and pretense at all.
He smiled and presented four pieces of evidence: "One is the plagiarism appraisal opinion identified by the Intellectual Property Institute of City B, which is used to prove that the defendant infringed on the plaintiff Mu Yu." The second piece of evidence is Mu Yu's non-plagiarism statement published on his personal blog and the replies of some Weibo accounts. The third piece of evidence is the Forum ID: Fengfeng Fengyun Post Record. The fourth piece of evidence is a printout of a palette made by Mu Yu's fans, and the appendix contains copies of the corresponding paper chapters of the two books. β
The defense lawyer retorted: "Presiding judge, the palette made by the fans of Evidence 1 has no legal effect, no scientific basis, and no authority, and most of the content is raw and cannot be used as evidence in court." β
Lazy Cloud was silent, didn't speak, didn't know what he was thinking.
Lu Yuzhou didn't have any expression, and when he lowered his eyes, a smile flashed in the corner of his eyes.
The evidence presented by Lazy Yun is also the non-plagiarism appraisal opinion entrusted by them, as well as the statement issued by Lazy Yun on Weibo, which says that she has not plagiarized, and she has never seen Mu Yu's work before being said to be plagiarized by Mu Yu.
Lu Yuzhou said: "There is an objection to Evidence 2, the defendant said that he had not seen Mu Yu's work, it does not mean that she really has not read it, and she cannot testify based on a statement alone." β
Next, both sides passed on expert assistants, and Lu Yuzhou's appraisers and industry experts integrated the outlines of the two works, and separated the specific plot points from the character design, character relationships, plots and story lines, and then compared them horizontally according to the plot points one by one, with 30 plots similar in a row; Then compare the outline vertically, and the basic story line is consistent.
The defendant's expert assistant first believed that this was a public material and that it was normal to be used, and then said that Lazy Cloud had not been in contact with the content of the plaintiff's work and that there was no possibility of use.
Su Yu sat in the auditorium and heard the discussion of some girls.
"Didn't Lazy Cloud originally support color palettes? I remember someone plagiarized her before, and she just forwarded the color palette. β
"I don't know, but the color palette is easy to wrong, a little similarity will be caught, how can literary creation not be a little similar, many authors say they will avoid the subject matter written by others, I thought he was going to open up new themes, but when I looked at it, it may be that he has read fewer books, and he has not seen this kind of subject."
"Anti-plagiarism still has to continue, but be cautious, do more comparisons, according to the current terrible degree, Jin Yong and Gu Long are going to become the two major plagiarists of each other, borrowing this word was originally the way of literary development, and now it is impossible to look at this word directly."
"Lazy Yun said that she hadn't seen it, I believe her."
"But this is the similarity of the plot, the plot, and the characters...... Forget it, let's take a look at ......."
After the witness withdrew from the courtroom, the presiding judge struck the gavel: "Quiet! β
Lu Yuzhou's dark eyes stared at Lazy Yun, and hooked his lips: "May I ask the defendant, is the account of the Weibo ID author Lazy Yun owned by you personally?" β
Lazy Yun raised his eyes and unconsciously picked off the table: "Hmm." β
"You once replied to a reader on Weibo that your forum ID is called Fengfeng Fengyun, right?"
"Hmm."
"Do you remember what you ever posted?"
Lazy Yun bit his lower lip, looked away, and took a deep breath: "I don't remember, but there is nothing wrong with what I posted." β
Lu Yuzhou smiled: "Are you sure you haven't seen any of Mu Yu's works before writing?" β
Lazy Yun hesitated, wanting to say something.
Her lawyer glared and interrupted the questioning: "Objection, the defendant's attorney repeated the question, and kept repeating topics that are not relevant to the case." β
Judge: "The objection is valid, please ask the defendant's representative to return to the case." β
Lu Yuzhou leaned back in the chair, turned the pen with his right hand, and continued to ask: "But, defendant, please look at the evidence 4 submitted by our side, the first few pages are all recently published by the defendant on the homepage, and the last page is the result obtained through the forum search. The forum search can directly search for all the records that have been published, including the records that have been deleted, but you can't click on them. β
He smiled at the corner of his eyebrows: "The defendant posted five years ago, saying that she had read and liked Mu Yu's works, and had even imitated them, but five years later, the defendant actually said that he had not seen any of her works." In other words, the defendant's argument that he had not been in contact with the work in question was not reasonable. β
Lazy Yun's face slowly turned white, and his lips were originally pale in color, but now he seemed to have lost all his blood.
She pursed her lips tightly, the corners of her lips twitching, she wanted to say something, she moved, and said nothing.
Put your hands on your knees and clench them hard.
She lowered her eyelashes.
Her lawyer seemed to have been concealed by Lazy Yun, and suddenly heard it, and turned his head to look at Lazy Yun in disbelief, his face became ugly.
Lu Yuzhou knew that the opposing lawyer trusted the client too much.
Since Lazy Yun claimed that there was no plagiarism, even if she did plagiarize, she would not tell the lawyer completely.
This is the end of trusting the client too much, the client will hide many things from you, cause trouble to you, and the most terrible consequence is that you don't know the point, but the other party's lawyer knows about it, and will catch you off guard in court.
The opposing lawyer seems to want to say that this forum search record is illegal, but if you look carefully, you don't use any illegal black technology search, it's really just a simple search for the forum public, but many forum users don't know about this function.
β¦β¦
The judge adjourned the hearing, and the verdict was decided after the adjournment.
Mu Yu's mother's tears became more and more turbulent: "Mu Yu has depression, when she issued a statement saying plagiarism, her tone was not very good, and she was criticized for her tone White Lotus, drama spirit, ruining good feelings, corrupting character, and slandering others." She doesn't understand that plagiarism is only about plagiarism, what does it have to do with tone and character? She and netizens scolded each other, making a bigger fuss, no one cared about plagiarism at all, she just wanted to scold Mu Yu to death, and it was circulated back and forth, only Mu Yu was left to slander and plagiarize. β
Lu Yuzhou and Su Yu didn't know what to say.
Su Yu sat next to Huo Ran, looked at Huo Ran's mobile phone, and found that he was playing Tetris, with an indifferent face and no expression.
Su Yu asked in a low voice, "Don't you want to express some opinions?" β
"I am not responsible for this case, what do I say?"
He didn't care.
Suddenly, a phone popped up on the page of the phone.
He got up, got out of his seat, went outside, and went on the phone.
Su Yu looked at his back, and the name that popped up on the screen just now was Grandma, Grandma Huo's phone.
Su Yu was a little distracted.
Can she also go and see Grandma Huo.
As a result of the judgment, the "Tassel Biography" written by the defendant Zhao Yun (pen name: Lazy Yun) infringed on the "Legend of the Phoenix Chick" written by the plaintiff Li Muyu (pen name: Mu Yu), and the defendant should bear the civil liability for stopping the infringement, eliminating the impact, apologizing and compensating for the losses for its infringement of the plaintiff's copyright.
The next day, Lazy Yun's Weibo posted an announcement of apology and apology, but played a word game, only admitting to borrowing, not plagiarism, and said that she would donate the proceeds of the book, and she must pay attention to the scale of reference in the future.
What makes people feel absurd is that Lazy Yun obviously lied that he hadn't seen it, splashed dirty water on Mu Yu, played word games, apologized for being insincere, and didn't realize the mistake, but he was forgiven by fans, which was in stark contrast to Mu Yu's comments.
In the booth of the restaurant shaded by greenery, Lu Yuzhou handed Su Yu a menu: "What do you eat?" β
Su Yu ordered a few vegetables.
Lu Yuzhou ordered meat.
Huo Ran ordered seafood.
Su Yu held his chin and asked Lu Yuzhou: "The case of Mu Yu's high school classmate will be tried after New Year's Day?" Is that a website the same? β
"Hmm." Lu Yuzhou sandwiched the beef, "New Year's Day has a three-day weekend holiday, it's a small long holiday, Su Yu, where are you going to play?" β
Su Yu shook his head, staring at Mao Xuewang who was tumbling without blinking, and said, "It's not decided yet." β
Lu Yuzhou glanced at Huo Ran, coughed dryly, and arranged a date for Huo Ran: "Huo Ran and I are going to Thailand to play, it's close, and it's more convenient to sign on arrival, do you want to join us?" β
Huo Ran glanced at Lu Yuzhou sideways.
Lu Yuzhou glanced back at him slowly and triumphantly, which meant - thank me, master.
He pretended slowly: "If you don't have time, forget it, I'll see if there are any other girls, and pull a few more." β
Huo Ran snorted lazily and sneeringlyβhe overacted.
Su Yu didn't pay much attention to it, she grabbed her chopsticks, thinking that she didn't seem to have anything to do, and besides, she went out to play with Huo Ran...... But isn't it too unreserved to agree like this?
Her heart tightened and her thoughts were in turmoil.
Silently did not speak.
*
No one spoke.
Su Yu's mobile phone vibrate, it was Lin Xianyu's phone.
Su Yu answered-
Lin Xianyu was babbling nonsense from the moment the phone was connected: "Ayu, why are you calling me?" I'm on a blind date. What the? Your man cheated! It's worth it! What a scumbag, so cheap! It's really convincing this group of cheating dogs, you wait for me, I'll go over and catch the rape right away! Let him feel the salvation of the love of female judges in a society governed by the rule of law. β
After she finished scolding, she gasped: "Where did you say you came from?" β
Su Yu was stunned: "Qingjiang Building." β
"Smack!"
The phone was hung up.
Lu Yuzhou "poof", he couldn't help laughing, even the corners of Huo Ran's lips had a faint smile, and his eyebrows and eyes swept lightly, skipping Su Yu.
Only then did Su Yu realize that the sound of her earpiece was not small, and there were not many people in the restaurant, and it was even a little quiet.
It's so close.
I've heard it for a long time.
Her face flushed a little and she smiled sheepishly.
Lu Yuzhou said: "What is Judge Lin doing? One person put on a play? β
"She should have been escorted on a blind date, and then wanted to escape......"
After eating, the three of them walked out, Huo Ran and Lu Yuzhou went to settle the bill, and Su Yu stood alone at the elevator entrance waiting for them.
She looked back at them, and the only thing that really caught her eye was Huo Ran.
He stood quietly with short hair and soft light on the top of his head, revealing a handsome, well-defined, three-dimensional face that looked like a sculpture, and a dark blue coat lined with crisp shoulders.
I didn't know what Lu Yuzhou said, he suddenly turned around, glanced at Su Yu, and raised his eyebrows slightly.
Those eyes were very dark and dark.
She heard her heart beat faster, then slowly flattened.