The Second Instance of Infringement in the Name of the People: Comparing Dozens of Circumstances in Court

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 The Second Instance of Infringement in the Name of the People: Comparing Dozens of Circumstances in Court


Li Xia sues The Name of the People for plagiarizing her novel Defense of Life and Death, which shows Li Xia at the scene of the trial. Wang Weishou, a journalist from the Beijing News, sued Li Xia for plagiarizing her novel Defense of Life and Death in the name of the people. The picture shows Li Xia at the scene of the court hearing. New Beijing News reporter Wang Weizhan

According to a previous report in the Beijing News, Li Xia sued in the first instance and said that, based on her long-term experience in procuratorial work, she began writing the novel Defense of Life and Death in June 2008 and was published by Hainan Publishing House in November 2010. In January 2017, Zhou Masons novel The Name of the People was published by Beijing Publishing Group. Through comparative analysis, it is found that the novel The Name of the People has copied and plagiarized a large number of its book Defense of Life and Death without its signature, violating its copyright. After trial, the court of first instance held that the two novels involved in the case did not constitute substantive similarities or similarities in five aspects: the promotion of the clue to solve the case and the logical arrangement, the role setting, the relationship between the characters, the plot and the specific description of Li Xias claim. Therefore, the judgment rejected all Li Xias litigation requests.

After the first instance, there are some new discoveries of tort facts. This morning, Li Xia, who did not employ a lawyer, came to court alone. After the trial, she said she had objections to the verdict of the first instance. She believes that The Name of the People infringes upon her right of signature and protects the right of integrity and adaptation of her works.

Zhou Mason entrusted lawyers to appear in court, while Beijing Publishing Group, the second defendant, entrusted its editors to appear in court.

According to the summary of the court and the confirmation of both parties, the focus of the second instance trial is the comparison between the two novels Defense of Life and Death and The Name of the People, to see whether they constitute substantial similarities, and then whether there is an infringement of the right to adapt.

The presiding judge suggested that both parties explain whether they constitute similar reasons for the two books in a way that leads everyone to read them. Let the listener have a readers experience.

From the accidental death of the director of anti-corruption to the appointment of the protagonist prosecutor, Li Xia listed dozens of plots of the two books and compared them to prove the similarities of the background, beginning and plot development of the two books. Zhou Mason, on the other hand, said that Li Xias so-called similar comparisons were not valid. Nearly four hours after the trial, the judge adjourned the trial. Li Xia said she did not agree to accept mediation. The case was not adjudicated in court.

Source: New Beijing Daily Responsible Editor: Hu Mengyao_NK5655