Chapter 170 The Law of Ordinary People VS the Law of Reality
In the next period of time, General Komimon got from the police station and read all the copies of the files that Daisuke Torakura had plagiarized in the past.
"I see."
After reading it, he nodded.
It's no wonder that Daisuke Torakura can win every plagiarism lawsuit.
According to normal precedents, his level of plagiarism definitely constitutes plagiarism.
However, he took advantage of a legal loophole in the copyright law.
According to the dossier, Daisuke Torakura opened a studio and recruited some writers to write the book.
According to him, all of his works were written by these writers.
Under his operation, the copyright was divided.
Article 65 of the Copyright Act of Japan is involved.
The copyright of a work created by two or more co-authors is jointly enjoyed by the co-authors, which is called "co-authorship".
In other words, copyright can be used separately, and authors can enjoy copyright separately for the parts they create.
Daisuke Torakura has claimed in previous lawsuits that only the right of authorship of the work is his own, which is a unanimous decision of all partners. In addition, all rights in the copyright are shared within the studio.
What will be the result?
Even if there is plagiarism in it, and there is a lot of it.
But it is also the respective writers who plagiarize in their respective copyright shares.
Spread out the plagiarized part, and everyone will get a little bit of rain and dew, and it will not meet the standard of plagiarism.
In this way, the whole work does not constitute real plagiarism.
"Daisuke Torakura, this person is too disgusting!"
After listening to Gu Meimen's analysis, Xiao Ai also suddenly realized, and couldn't help but scold.
Gu Meimen glanced at her: "Remember what I told you before?" There are quite a few cases of copyright cases involving artistic creations, all of which have been litigation failures. ”
Xiao Ai moved his mouth: "I know, but this is too ......"
This incident is a bit of an impact on Xiao Wai's three views.
Artistic creation is a painstaking process, to the same extent that physics and chemistry discover and create new things.
Just because there is a loophole in the law, plagiarists can get away with it, and she really can't imagine such a thing happening.
"Daisuke Torakura's case is relatively normal."
Gu Meimen shook his head.
"Have you ever seen the original creator accused of plagiarism by a plagiarist?"
"Uh......"
Xiao Ai couldn't open her mouth.
Gu Meimen raised his eyebrows: "Looking at your expression, you seem to be unstable about the law." ”
Xiao Ai nodded: "Yes, there is a little." ”
"I'm guessing you think in your heart that no matter what, the law always exists to deliver justice, which is actually similar to Kudo Shinichi."
“……”
Xiao Ai didn't speak.
Indeed, although she has been following Gu Meimen, she has also experienced a lot of lawsuits with him and learned a lot of things.
But as a real age has become an adult girl.
Her three views have already been formed, and they are not so easy to change.
Everyone has their own personality, and people are always accustomed to thinking with their own three views when analyzing things.
Although Gu Meimen always said that the law does not care about the truth, although she often agrees with Gu Meimen's words, she actually hopes that the law cares about the truth - this is also the concept that most people expect when looking at justice.
The girl in front of the meeting was silent, and Gu Meimen couldn't help but smile.
"Well, I'll test you on a legal question, how about it?"
Xiao Ai raised his head and nodded, "Well, you say." ”
"A husband and wife were fishing by the river at the entrance of the village, and the wife accidentally fell into the water, because she could not swim, she shouted for help, hoping that her husband would come to save her. However, due to the bad relationship between the husband and his wife, he did not go to the rescue, and there was no one else around, so the wife was drowned. Did the husband sin? ”
This is a common basic question in the law exam.
Xiao Ai almost didn't think about it: "Of course, if a crime is committed, the legal husband and wife bear the obligation to help, and the husband fails to fulfill this obligation, which is a crime of omission, and it should be an indirect intent of the crime of intentional homicide." ”
However, Gu Meimen immediately said, "What you said is wrong. ”
"Huh?"
Xiao Ai was stunned.
This question is obviously very basic, and any law examinee will definitely answer "not to commit a crime".
Xiao Ai tilted his head: "Is it directly intentional?" ”
Gu Meimen shook his head: "It's wrong, it's even more wrong for you to say that." ”
Xiao Ai didn't understand: "What is the correct answer?" ”
Gu Meimen said: "The correct answer is: the husband is not guilty at all, and he will be acquitted." ”
“……”
Xiao Ai twitched the corners of her mouth, with an expression of "you are teasing me".
"This is the difference between what people think is the law and what the real law is."
Gu Meimen said.
"You say that your husband has committed the crime of omission and intentional homicide, so how can you prove that he committed a crime?"
"The location is by the river at the entrance of the village, and there will be no surveillance in this place, and there will be no people around."
"The husband made up a random reason, saying that he went to the toilet halfway through, and when he came back, he saw that his wife had drowned."
"In this case, who can accuse him of a crime?"
“……”
Xiao Ai was silent again.
After a moment, she let out a long sigh, "You're right. ”
"There are pitfalls in the title, you don't notice it, you just rigidly rely on the legal knowledge you have learned, and you draw conclusions directly."
Gu Meimen reached out and gently stroked the girl's head.
"In the exam, you answered correctly. 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 a matter of words, it is the result of concrete and practical action. ”
"Okay, okay, you're right."
Xiao Ai slapped Gu Meimen's hand away and gave him a blank look.
"So, in the case of Daisuke Torakura, people can only let him get away with it, because he didn't break the law, right?"
"Not really."
Gu Meimen showed a hint of meaning.
"As I said, this case is not that simple, and then on court day, you will see the truth you want to see."
……
Time flies very quickly.
In the blink of an eye, it was the day of the trial of Daisuke Torakura's plagiarism case.
Early in the morning, Gu Meimen dressed neatly, came to the door of Xiao Ai's room, knocked on the door, and told her to get up.
Xiao Ai's room is on the second floor, right next door to Gumeimen.
After a while, the door opened.
Xiao Ai appeared in front of Gu Meimen with a pair of white and tender feet and pajamas with a bear pattern.
"Nice pajamas."
Gu Meimen looked at her and nodded, "I can see it, you like this tone, right?" ”
"Don't talk nonsense, call me to wake up so early, there are dead people in your house?"
The girl was sleepy-eyed, and there was a hint of anger in her eyes.
It seems that she wakes up very badly.
"It's not like you're going to go to the lawsuit, is it necessary to rush there?"
(End of chapter)