2019-04-25 08:32 | Money river evening paper
The Mei Sen of well-known writer week of widely known writes have an insatiable desire for corrupt to blow hard instead " people's name " borrowed after all?
Yesterday afternoon, court of people of Shanghai Pudong new developed area makes first instance adjudicate. The court thinks to encroach copyright not to hold water, rejected accuser the requirement stops tort, apology and claim for compensation wait for a series of lawsuit requests 18 million yuan.
Once senior correspondent tells top class author
This is classics of an all previous a year the lawsuit of half.
2017 first half of the year, " people's name " heat is sowed. October 2017, an authoress that calls Liu Santian will " people's name " 8 the accused accuse the production unit altogether of author and playwrite week Mei Sen and this drama jointly court, point to continuously " people's name " borroweded the work of Liu Santian one's early years " camera bellows " .
Zhou Mei dark, writer of China's well-known official circles literature; Liu Santian, little known. At that time lawsuit one exposure, zhou Mei dark ever weighed Liu Wei disdainfully " author of be used to " .
Liu Santian, the Mo austral pseudonym, ever held the position of a CCTV " spatio-temporal even the line " , " Oriental child " wait for news to comment on kind of program plan, chinese news agency " viewpoint " the magazine carries out chief editor. CCTV leaves after, writing of with great concentration. Integrated its setting, she ever was senior correspondent.
" camera bellows " it is the novel that she published 2011. Meet anti-corruption subject matter is encountered when cold, " camera bellows " do not have too big echo.
" camera bellows " and " people's name " resemble
" camera bellows " piece it is old state-owend enterprise " one stone factory " should change made, old worker protects a factory to be like a life, capital is bought just call up forced releasing the team, chlorine canister leak causes explosion after, 13 employee because this get killed. Open a state-owend enterprise from this and buy the layer upon layer inside that camera bellows of collusion of businessman of the official in reaching a city to develop a process operates, corruption arrives directly at mayor, governor, the old senior officer of deputy state level that still has mystery.
" people's name " story clue believes everybody is very familiar. Accordingly, in the sessional cognizance December 7, 2018, the accused just says his masterstroke is inquisitor handles a case, two books " completely different " .
But, accuser just wears composition of a picture, clue to advance graph, character to install a graph to wait with distinct story will make clear, " people's name " was to take " camera bellows " corrupt story, added inquisitor to check the propulsion of the case next clew comes into the book. So, what they appeal to is " reorganize advantageous position " .
Meanwhile, outside the court, 2018, zhou Mei dark once also was in Beijing Haidian for a time district court is sued, say " camera bellows " borroweded two work before its " China is made " and " absolute power " , nolle prosequi sadly again later.
Court of first instance thinks not to form tort
From November 1, 2017 put on record, this law case already lasted one year half.
From yesterday adjudge in light of, at that time accuser a series of testimony that just issue, court of people of Shanghai Pudong new developed area all was not adopted.
The court clarifies, what copyright law protects is the expression of work, is not thought itself. Work of tort be accusinged is in only contact and the case with identical or similar materiality is formed to fall on expression with the work of obligee, just form tort.
And the controversy focus of this case depends on, novel " camera bellows " with the novel " people's name " and whether does teleplay make materiality likeness?
The court concerns from setting of the integral structure of two work, clue, character and specific dark buckle etc undertake analyse and be comparinged is opposite, think " camera bellows " with the novel " people's name " and teleplay is nonexistent the literal on literal expression is similar, the blame literal on the embody such as relationship of structure of whole of nonexistent also work, specific clue, figure is similar.
Accordingly, accuser advocates each the accused encroachs his to reorganize advantageous position, sign authority, setting authority, obtain pay authority to do not have fact and legal basis, the court does not grant to support.
Listen to a court decision, 3 cropland of accuser Liu say furiously, when the person that achieve formerly manages distinctive construction the court considers as a thought expression, and the thought does not get protection. But when accuser just puts forward similar circumstances to contrast, the court thinks the clue is abstract again, abstraction also does not get protection. Liu Santian says intentional to two kinds of results of the court decision manage prepares, but this adjudicative argue part lets her cannot be agreed with. So, "Certain appeal " .
No matter front courtyard careful returns the court decision that was yesterday, zhou Mei him dark did not come.
(original title " the name of < people > borrowed > of < camera bellows? Forensic first instance rejects accuser lawsuit to request " , former writer is like Jing. Edit Wu Yingqiu)
