Conan: The winner is justice
Chapter 172 The law that most people think of vs. the law in reality
In the next period of time, Gu Meimen obtained copies of the files from the police station regarding plagiarism of Tokura Daisuke's past novels and read them one by one.
"I see."
After reading it, he nodded.
No wonder Daisuke Tokura wins every plagiarism lawsuit.
According to normal jurisprudence, his level of plagiarism definitely constitutes plagiarism.
However, he took advantage of a legal loophole in copyright law.
According to the dossier, Daisuke Tokura opened a novel studio and recruited some writers to write books.
According to him, all his works were written by these writers.
Under his operation, the copyright of the novel was divided.
This involves Article 65 of the Japanese Copyright Law.
For works created jointly by two or more people, the copyright is shared by the co-authors, which is called "joint copyright".
In other words, copyright can be divided and used, and authors can enjoy separate copyrights for the parts they create.
Daisuke Tokura has claimed in previous lawsuits that only the authorship of the work belongs to him, and this was unanimously decided by all partners. Apart from this, all rights within the copyright are shared by the novel studio.
What are the consequences of this?
Even if there is plagiarism in the novel, there is a lot of it.
But it is also the respective writers who plagiarize within their respective shares of copyright.
If the plagiarized parts are spread out and everyone gets a little bit of it, the standard of plagiarism will not be met.
In this way, the entire work does not constitute true plagiarism.
"Daisuke Tokura, this person is so disgusting!"
After listening to Gu Meimen's analysis, Xiao Ai suddenly realized it and couldn't help but curse.
Gu Meimen glanced at her: "Do you remember what I told you before? Regarding copyright cases of artistic creation, there are quite a few cases in which the lawsuits failed."
Xiao Ai moved her mouth: "I know, but this is too..."
This incident had a bit of an impact on Xiao Ai's outlook.
Art creation is a very arduous process, just like discovering and creating new things in physics and chemistry.
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 Tokura is relatively normal."
Gu Meimen shook his head.
"Have you ever seen an original author sued for plagiarism by a plagiarist?"
"Well……"
Xiao Ai was a little unable to speak.
Gu Meimen raised his eyebrows: "Looking at your expression, you seem to be unstable about the law."
Xiao Ai nodded: "Yes, a little bit."
"I guess you think in your heart that no matter what, the law will always exist to uphold justice. In this regard, you and Kudo Shinichi have similar ideas."
"..."
Xiao Ai said nothing.
Indeed, although she has been following Gu Meimen, she has gone through many lawsuits with him and learned a lot.
But as an adult girl of her real age.
Her three views have long been formed and are not easy to change.
Everyone has his or her own personality, and people are always accustomed to using their own three views when analyzing things.
Although Gu Meimen always said that the law does not care about the truth, and although she often agreed with Gu Meimen's words, she still hoped in her heart that the law did not care about the truth - this is also the concept that most people expect when looking at the judiciary.
Seeing the girl in front of him being silent, Gu Meimen couldn't help but smile.
"Okay, how about I test you on a legal question?"
Xiao Ai raised her head, nodded and said, "Well, you tell me."
"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 the husband would come to save her. However, because the relationship between the husband and his wife was not good, he did not save her, and there were no other people around. People were there, so the wife was drowned in the end. Did the husband commit a crime?"
This is a common basic question in law exams.
Xiao Ai said almost without thinking: "Of course it is a crime. 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 intention of intentional homicide."
However, Gu Meimen immediately said: "What you said is wrong."
"ah?"
Xiao Ai was stunned.
This question is obviously very basic. If you ask any law examinee, he will definitely answer "a crime of omission."
Xiao Ai tilted her head: "Is it directly intentional?"
Gu Meimen shook his head: "That's wrong. It's even more wrong for you to 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 acquitted."
"..."
Xiao Ai twitched the corner of her mouth with an expression of "You're kidding me."
"This is the difference between what most people think of as the law and the real law in reality."
Gu Meimen said so.
"You said that your husband committed a crime of omission, which was intentional homicide. So, how can you prove that he committed a crime?"
"The location is by the river at the entrance of the village. There will be no surveillance here and no one around."
"The husband made up a random excuse and said he had to go to the toilet on the way. When he came back, he saw that his wife had drowned."
"Who can accuse him of a crime in this case?"
"..."
Xiao Ai was silent again.
After a moment, she sighed: "You are right."
"There is a trap in the question. You didn't notice it. You just relied on the legal knowledge you learned and jumped to the conclusion."
Gu Meimen stretched out her hand and gently stroked the girl's head.
"In the exam, your answer was correct. But in reality, what you said was wrong. This is the real law. The law is not a simple thing, not just an arm's length talk on paper. It is a result that needs to be combined with reality. "
"Okay, okay, everything you said is right."
Xiao Ai slapped Gu Meimen's hand away and rolled her eyes at him.
"So, when it comes to a situation like Daisuke Tokura's, people can just let him get away with it because he didn't break the law, right?"
"Not really."
Gu Meimen showed a meaningful expression.
"As I said, this case is not that simple. When the court date comes, you will see the truth you want to see."
…
Time flies very fast.
In the blink of an eye, it was the court date for Daisuke Torokura's novel plagiarism case.
Early that morning, Gu Meimen dressed up, went 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 to Gu Meimen.
After a while, the door was opened.
Xiao Ai appeared in front of Gu Meimen with a pair of bare white feet and wearing pajamas with a bear pattern.
"Nice pajamas."
Gu Meimen looked at her and nodded, "I can tell, you like this tone, right?"
"Stop talking nonsense and wake me up so early. Is there a death in your family?"
The girl's eyes were sleepy and there was a hint of anger in her eyes.
It seemed like she was very angry when she got up.
"It's not like you're going to file a lawsuit. Is it necessary to rush there?"
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