History blogger published an article stating that Professor Tsinghuaplagiarized the court: No. ruling and violated the right to reputation.
Two years later, the case of "Li Yushu Elementary" edited by PengLin, director of Tsinghua University's China Ceremony Research Center, wasaccused of plagiarizing the Japanese book Bow Road.
On December 30, the official Weibo of the China Ritual Research Center ofTsinghua University issued a statement stating that after the first and secondtrials, the Beijing Fourth Intermediate People's Court ruled that thedefendant, Ye (named "Water Poetry New", "Water Body",Weibo was identified as a history blogger.) It published critical articlesagainst five people including Peng Lin and Peng Lin without evidence ofplagiarism. These articles contain offensive and insulting language,violate the reputation of all plaintiffs (the editor and author of "Li LiJie Xun Ru" and five other copyright owners), and shall be liable forinfringement.
Earlier, defendant Ye Mou issued an apology statement on the official Weibo.
Multi-platform posts accused of plagiarizing
turbulent news and learned that this type of reputational violation goes backtwo years. On December 1, 2017, Ye published an article entitled "NewIssues in Water Body" on WeChat public account, Sina, Zhihu and otheronline platforms, saying "Early Stages of Ceremony Shooting" writtenby Tsinghua University Etiquette Research Center The book is copied fromJapanese "Bow Road". After this article was published, it causeda lot of discussion. So far, only in Zhihu, "Is Tsinghua University'sElementary Shooting Book edited by Peng Lin suspected of falsifying,plagiarizing, or tampering with tradition?" Raised more than 100,000questions.
According to an official statement from the Tsinghua University Center forChinese Ritual Studies, after the publication of Ye's article, the center andprofessors had communicated with Ye to delete it. Ye continued to makefalse statements on the matter on social media platforms, which continued toferment the incident, which seriously affected the normal work and academicactivities of the center. In this case, five copyright owners, includingthe editor-in-chief and the author of "Li Li Chu Xuan", filed alawsuit in the Beijing Internet Court, asking the court to order Ye Cheng todelete the allegedly infringing article, to publicly apologize and compensatefor the related losses.
Decisions of the first and second instance: violation of the right toreputation The
above statement specifically explained the basis of the judgment. TheBeijing Internet Court made the first judgment on July 15, 2019. The firstinstance found: "Unless there is no reliable evidence to prove theplagiarism of the work involved, the defendant made a serious misrepresentationof the work on the WeChat public account, blog, Zhihu and other publiccommunication platforms, and made a personal attack on Peng Lin. , Insulted hispersonality. The defendant's behavior was enough to arouse the negative evaluationof the plaintiffs, such as Peng Lin, in academia and society, thus reducingtheir academic reputation and social evaluation. In short, the defendant'sbehavior violated the reputation of all plaintiffs and should bearinfringement. responsibility."
After the first judgment, Ye refused to accept the first judgment and appealedto the Beijing Fourth Intermediate People's Court. On November 27, 2019,the court of second instance made a judgment of second instance, rejected Ye'sappeal, and maintained the judgment of first instance. The judgment of thesecond trial stated: "Since Ye did not provide sufficient evidence toprove that the work in question was copied from Japan's Bow Road, nor did itprove that the work in question had a lot of similarities with Japan's BowRoad, he published There was no evidence to prove that the works involved wereplagiarized, and the articles contained insulting language. The use of theInternet's widespread and rapid dissemination caused the reputation of five people,such as Peng Lin, to be damaged. Infringement. "It should be noted thatsince the Zhou Dynasty, China has had the" six arts ", and the"archery "culture has been in China for more than 3,000 years. Archeryresearchers and amateurs should strengthen cultural self-confidence, combinetraditional culture with modern society, and contribute to the promotion ofexcellent traditional culture. "
About the alleged plagiarism and infringement of the right of reputation,Qingdao
(original title: history professor at Tsinghua University announced blogplagiarism, the court: reputation infringement)
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