Chapter 1024: In Court (2) Intense Defense
"Objection!" the plaintiff's lawyer exclaimed. "The defendant's argument is mere speculation, lacking any evidence. The purportedly underdeveloped internet, the plaintiff's unfamiliarity with Northfield, and the poor sales of the fashion magazine are all theoretical arguments insufficient to explain the defendant's claimed lack of exposure to the magazine or design. Even if only one copy sold, the defendant could still have seen it. Such ambiguous assertions are inadmissible as evidence."
The judge nodded. "Objection sustained. The defendant's argument has merit, but contains exploitable loopholes and is not legally sufficient. Please present new evidence of non-infringement."
The defendant's lawyer nodded. Minerva smiled; plagiarism was undeniable, and Besse was only digging herself deeper.
"I have a question for the plaintiff," Besse's lawyer stated.
"Permission granted."
Facing Minerva, Besse's lawyer asked, "Miss Bird, this magazine was published eight years ago and ceased publication five years ago. It disappeared from circulation thereafter. You possess a copy only because you deliberately collected it? If not, is it safe to assume this magazine is irretrievable?"
"Even though it was published eight years ago and ceased publication five years ago, once released, anything could happen," Minerva retorted. "It could appear anywhereโincluding in front of Besse! Designers like her, who merely glance at something before copying, won't forget, even after years."
"So, Miss Bird suggests my client saw your design eight years ago and retained it until recently, when she 'designed' something similar?" Besse's attorney inquired.
"That's a possibility," Minerva shrugged. "Only she knows when she saw my design or how long she kept it before plagiarizing it."
Besse's attorney nodded. Turning to the judge, he asked, "Your Honor, is it feasible to locate magazines from eight years ago?"
"Unlikely," the judge replied, "but not impossible."
"We conducted a real-time internet search for information on the magazine and Miss Bird's original design. Aside from Miss Bird's social media posts accusing Miss Besse of plagiarism, we found nothing, indicating the magazine circulated solely in print." Besse's lawyer presented prepared evidence. "Your Honor, please review this."
The jury examined the evidence.
The judge stated, "The internet isn't the sole means of dissemination. While it supports your defense, it's insufficient to prove the defendant hadn't seen the magazine."
"Of course. Therefore, I present a second piece of evidence. May my witness testify, Your Honor?"
"Yes, please."
A middle-aged man entered.
The defendant's lawyer asked, "Sir, state your name and occupation."
"I am Len Shaw, former director of Water Ripple Design magazine," the man replied.
"Did you publish this magazine?"
"Yes."
"What were its sales?"
"Poor," Len stated. "Fashion magazines weren't popular eight years ago; readers preferred emotional content. Magazines like ours specialized in fashion; we were not alone in closing down. We declared bankruptcy five years ago."
"What was the magazine's sales volume?"
"Officially 2,000 copies; however, no more than 500 circulated. We repurchased the remainder; some were even recycled."
"Are you certain about this?" the defendant's lawyer confirmed.
"Yes. That volume had our lowest sales ever, confirming a shrinking market. We persisted for three more years, but it was pure faith."
"Unsuccessful with readers, but what about industry reception?"
"Poor as well. It launched without fanfare and quickly sank," Len added. "The design aesthetics weren't as advanced as they are now. Looking back, Minerva's Angel series is truly cutting-edge."
Minerva smirked at the unexpected praise.
"Mr. Shaw's testimony confirms the magazine sold only 500 copies and garnered no industry attention; it sank immediately after release."
"Correct," Len Shaw nodded. "Seeing the Angel series' success, I regret our lack of foresight."
"Mr. Shaw, in your professional opinion, is the Angel collection plagiarism?"
"One hundred percent," Len affirmed confidently. "Based on my years of experience, two such similar works cannot coexist without plagiarism."
Minerva and her lawyer sneered, as did the audience. Susan exclaimed angrily, "Is this lawyer even professional? Did Minerva bribe her?!" Manuel hushed her. Susan simmered in silence.
The defendant's lawyer continued, "I seek a professional's opinion. One final question, Mr. Shaw."
"Proceed."
"How long, in your experience, would this magazine remain in circulation?"
"Six months, at most," Len answered confidently. "Low sales and lack of industry ripple effect. Three months or less is more likely; magazines have short lifespans given the rapidly changing design trends."
"Meaning the magazine circulated for up to six months?"
"Yes."
"Had my client copied it, she would have seen it within those six months." The plaintiff's attorney concluded.