Suzhou Uni Paper Discussing Infringement Sued for… Infringement

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Suzhou University has of late narrowly avoided a spot of egg on its face as a paper discussing infringement issues in one of its journal publications was sued for just that, infringement, before the plaintiff withdrew the lawsuit at the last moment.

苏州大学最近险些被打脸,其期刊出版物中一篇讨论侵权问题的论文就因侵权被起诉,但原告在最后一刻撤诉。

According to the “Journal of Suzhou University (Law Edition)” official WeChat account on 16 November, the University recently received a civil ruling from the People’s Court of Huqiu District in Suzhou, allowing the plaintiff to withdraw its case.

据《苏州大学学报(法律版)》官方微信公众号11月16日消息,学校近日收到苏州市虎丘区人民法院的民事裁定书,允许原告撤诉。

The academic paper in question, “Recognition and Processing Rules of Disclosed Personal Information”, published in the fourth issue of the Journal in 2021, discussed the issue of whether subsequent use of personal information disclosed in judicial documents constitutes infringement.

涉案学术论文《公开个人信息的识别与处理规则》发表于《学报》2021年第四期,讨论了司法文书公开的个人信息后续使用是否构成侵权的问题。

The plaintiff, surnamed, Yi, one of the parties to the case, then enters our narrative. In May of this year, Yi filed a civil lawsuit with the Huqiu Court against Suzhou University on the grounds that the publication had violated his privacy rights. 

随后,本案当事人之一的原告易姓进入我们的叙述。今年5月,易某以该刊物侵犯其隐私权为由,向虎丘法院对苏州大学提起民事诉讼。

As The Paper has reported, the crux of Yi’s argument was the fact that his name, as it appeared in the publication in question, was not anonymised in the annotation, constituting an infringement of his rights.

据澎湃新闻报道,易建联争论的核心是涉案出版物中的他的名字在注释中没有匿名,构成对其权利的侵犯。

In reply, the editorial department of the journal argued to Yi that the case quoted in the paper was a public trial case and was not confidential, while the author of the paper obtained the content of the case through public channels. 

对此,该刊编辑部向易辩称,论文引用的案件是公开审理的案件,不属于保密案件,而论文作者是通过公开渠道获得案件内容的。

That same department also contacted Wang Haiyang, the author of the paper and a doctoral candidate at Xiamen University Law School, who said the use of Yi’s name fell within the scope of fair use. Wang further added that the use of the information would not have a negative impact on reputation.

该部门还联系了论文作者、厦门大学法学院博士生王海洋,王海洋表示,易姓姓名的使用属于合理使用范围。王进一步补充说,使用这些信息不会对声誉产生负面影响。

The bizarre case was then to have more ridicule poured upon it, as the parties involved were summoned to appear on court on 13 November. While the Journal’s editor-in-chief was present, Yi simply failed to show up. Yi would subsequently mail an application to withdraw the lawsuit, to which the Court readily acquiesced.

11 月 13 日,当事人被传唤出庭,这起离奇的案件随后遭到更多嘲笑。当《华尔街日报》的主编在场时,易建联却没有出现。易随后邮寄了撤诉申请,法院欣然默许。

While the case makes a little of a mockery of the legal system, it can also be thought of as a victory for academia, in so far as being able to include the real names of sources or expert opinion solidifies the credibility of learned institutions and the papers they publish.

虽然此案有点嘲笑法律体系,但它也可以被认为是学术界的胜利,因为能够包含消息来源的真实姓名或专家意见,巩固了学术机构及其发表的论文的可信度。

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