Publication details [#14752]

Sun, Haoliang and Rong Ma. 2020. Legal Metaphors of “News Porter” from the Perspective of Copyright Law: Also a Discussion with XIAO Feifei,LIANG Zhiwen. 8 pp. URL
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At present, some progress has been made in the research on the metaphor rhetoric in intellectual property legal system, but there are some shortcomings, which ignores the cognitive method will produce negative effects such as confusion of legal facts and wrong grafting legal rules. As a fresh metaphor in intellectual property discourse, “news porters” only focuses on the similarity of position changes, but mixes different attributes of physical objects and intangible property, changes in the context of physical transfer and network replication, the transmission difference of simple factual news and news works. In order to make metaphor rhetoric better applicable to the field of law, first of all, it is necessary to explore the core legal problems under metaphorical rhetoric, which is based on the opposite characteristics. Then, we should distinguish the specific legal facts in different contexts. At last, when the new technology development may lead to the change of legal system, the legal provisions should be applied correctly on the basis of accurately grasping the original meaning of legislation.