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| 2010/04/25 03:15:50瀏覽562｜回應1｜推薦4 | |
| I will try to change to Chinese later when I have time. 看到這則新聞忍不住看了一看. 我覺得不是抄襲的但是並不保證巫永堅就不必怕官司. 美國的著作權法有矛盾的地方再加上不同的循環上訴法庭又有不一一的鑑定是不是抄襲的方式. Specifically, I remember reading about the different cases originate from 9th circuit court of appeals, 2nd circuit court of appeals and even 5th circuit court of appeals (need to double check on 5th circuit cases). They utilized different standards and tests to determine if there were substantial similarities. Remember those tests gave me some grief at one point as we struggled to distinguish and figure out the subtle differences. I now appreciate what the professor said when he forced us to at least know those differences in different tests because in some cases, getting your client into a more favorable test court can mean the differences between winning and losing a case. 但是巫永堅只要能用筆記和其他證據證明他不是抄襲的就好了. At least in copyright law, independent creation is a valid defense, the problem often resides in whether an author has preserved good enough evidence during the course of creation to prove he/she independently created the work in controversy. |
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