Lawyer Gao Peng's Agency for Huge Compensation Wins in the First Instance of Copyright Infringement Disputes
Recently, Lawyer Wu Ailing, Senior Partner of Gaopeng Law Firm, represented a certain copyright infringement dispute. The first instance achieved good results, and the Haidian Court ruled that the client did not bear any responsibility.
The plaintiff in this case is a doctoral advisor from a certain university, who sued his doctoral student for publishing his doctoral thesis without his permission. He also sued a university and publishing house where the doctoral student belongs to the People's Court of Haidian District, Beijing, and filed a lawsuit for compensation of nearly 50 million yuan. The plaintiff's reason for requesting the publishing house to bear responsibility: the publishing house published its doctoral thesis without contacting the doctoral supervisor, subjectively at fault, and should bear tort liability.
During the litigation process of this case, the plaintiff changed the litigation request five times and claimed that this case will be a shocking case that will change the mechanism for cultivating doctoral students in China! The case has gone through multiple exchanges of evidence and court trials, with intense confrontations between the two sides each time!
On behalf of the publishing house, Wu Ailing, a lawyer, has carefully prepared nearly 200 pieces of evidence submitted by the plaintiff, screened and submitted evidence to prove that the publishing house is not at fault, and proposed that if the publishing house needs to adhere to the principle that doctoral students must obtain the consent of their supervisors when publishing their Thesis, how will the legitimate rights and interests of students be protected? It can be imagined that the tutor is very likely to take advantage of his special position to occupy the academic achievements of students and undermine the legal principles of Academic freedom and freedom of the press, which will cause more academic misconduct and worsen the relationship between teachers and students, which runs counter to the traditional culture of respecting teachers and valuing education advocated by China. Whether a doctoral thesis is published and how it is signed is the author's right, not the supervisor's right! If the case is indeed as requested by the plaintiff, the doctoral thesis published by the doctoral supervisor must obtain the consent of their supervisor, which will result in the doctoral student becoming a vassal of their supervisor. The Haidian Court ultimately accepted the agency opinion of Lawyer Wu Ailing and ruled that the publishing house had no fault and did not assume any responsibility!
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