translated from Spanish: Supreme Court ordered a new trial for plagiarism of TV series “Veinteanero 40”

the Supreme Court was a nullity appeal filed by the defense of screenwriter Sergio Díaz, who was sentenced for violation to the law of property (d) intellectual of the TV series “Veinteanero 40” of Channel 13, ordered to carry out a new trial. In unanimous ruling, the second highest court room – comprising the Ministers Hugo Dolmestch, Carlos Künsemüller, Lamberto Cisternas, Manuel Antonio Valderrama and Jorge Dahm – welcomed the resource inferred for the defence of the accused, after establishing that the statement appealed was adopted with breach of due process, ordered the third trial court criminal de Santiago the realization of a new trial by judges not disabled. The resolution noted that “it is tortious for due process that the Court go to supplement or correct deficiencies of the litigants, adding to its role of impartial and objective court, a stranger to the same activity, particularly When he is the incorporation of trade of information that should be legally produced in the process by who aims to please her”.” In that sense – continues-, check for long minutes and repeatedly the witness Diego Miño Ramírez on similarities between the texts – at least – eight opportunities, notwithstanding there is, in addition, at least eleven most concerned questions directly or indirectly to the matter, although they do not use the term ‘similarity’, realizes a search illegal new information or complementary subsidy of the role that corresponds to the parties, specifically in this case, the particular plaintiff”, he added. After this, the ruling reflected that “in formulating numerous questions to the witness Adela Boltansky Brenner, some of which unequivocally aimed to cast doubt on its ability to compare the works in conflict (…), do not reflect a search for enlightenment or” precision but rather a lack of prudence in the use of a mechanism of limited use, which may well suggest, in who ultimately affected the decision, the idea that party was taken by one of the parties in dispute prior to the deliberation process, image incompatible with that which is payable to the judge in an adversarial process as the one who calls us. Indeed, the use of the information thus obtained as necessary or missing knowledge of the cause data input or used to rule out another thesis, was used in the ruling to establish certain similarities between the works in conflict that allowed qualify the existence of a plagiarism”. Diaz was sued by Alex Rivera and Marcelo Guajardo, who claimed that fiction broadcast in 2016 grew out of his work called “what’s new, old”.

Original source in Spanish