Sun.Oct 06, 2024

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The German LAION decision: A problematic understanding of the scope of the TDM copyright exceptions and the transition from TDM to AI training

The IPKat

IPKat-approved Laion A few days ago, the District Court of Hamburg delivered what appears to be the first judgment in Europe on the construction and application of the national transpositions of the text and data mining (TDM) exceptions found in Arts. 3 and 4 of the DSM Directive (310 O 227/23). As reported on The IPKat and elsewhere , the Hamburg court ruled that LAION could rely on the exception found in Section 60d UrhG (TDM for scientific research purposes).

Art 137
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‘Modded Hardware’ Defendant Denies Nintendo’s Copyright Claims in Court

TorrentFreak

Nintendo is doing everything in its power to stop the public from playing pirated games on the Switch console. The Japanese gaming company has won several lawsuits in recent history, including shutting down websites that distributed pirated ROMs. Most notably, perhaps, was the criminal referral that resulted in the demise of the infamous hacking group Team-Xecuter.

Copyright 127
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Fleetwood Facts: Art Imitates Life, But Does It Infringe Copyright?

Copyright Lately

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. Ken Caillat , the Grammy Award-winning sound engineer and co-producer of Fleetwood Mac’s iconic Rumours album , claims the creators of Stereophonic didn’t exactly go their own way when crafting the hit play.

Art 120
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SpicyIP Weekly Review (September 30-October 6)

SpicyIP

Here is our recap of last week’s top IP developments including summary of the posts on the Lenacapavir patent application and oppositions, ANRF and corporatisation of research, the copyright dispute between Jasleen Royal and T Series, and DHC’s recent order in Master Arnesh Shaw v. Union of India This and a lot more in this week’s SpicyIP Weekly Review.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Catching Up on Two Keyword Ad Cases

Technology & Marketing Law Blog

A couple of keyword ad cases from a couple of months ago. Alsa Refinish LLC v. Walmart Inc. , 2024 WL 3914512 (C.D. Cal. July 31, 2024) The trademark owner Alsa sells chrome paint. Walmart doesn’t carry the trademark owners’ items. In searches for the trademarks in Walmart’s internal search engine, Walmart only shows unrelated items–not items from the trademark owner or any competitors.

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Unlikely to confuse

Likelihood of Confusion

Originally posted 2017-12-08 01:42:50. Republished by Blog Post PromoterCheck out, and think about, this post by John Welch and, of course, the article he’s writing about, one of whose authors is Barton Beebe, whom I had the pleasure of meeting last week when I accepted his invitation to chat with LLM’ers at the Engelberg Center […] The post Unlikely to confuse appeared first on LIKELIHOOD OF CONFUSION™.

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7 Key Patent Trends Shaping the Future of Innovation in 2024

Intepat

Innovation and technological advancements are pivotal forces driving modern economies, influencing industries and societies across the globe. Patents , as a vital form of intellectual property (IP), safeguard these innovations, providing inventors and businesses exclusive rights to their inventions while promoting the dissemination of knowledge. The patent landscape, however, is constantly evolving, driven by emerging technologies, global challenges, and shifting regulatory frameworks.

Patent 52
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Top 5 Supreme Court Cases To Watch This Fall

IP Law 360

The U.S. Supreme Court will hear several cases in its October 2024 Term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons.

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MYTH VS. REALITY: CAN YOU PATENT AN IDEA?

Intepat

One of the most controversial topics is the patentability of an idea , as it creates confusion between the understanding of an idea and an invention. An idea is considered the first step towards building and invention. Therefore, it’s the invention that could get patented and not the idea. As valuable as an idea is to create an invention, a mere idea does not have monetary value and is usually ambiguous and vague.

Patent 52
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Treading Carefully: Federal Circuit Expands “Absolute Litigation Privilege” and Affirms Trade Dress Invalidity in Toyo Tire v. Atturo Tire

Patently-O

by Dennis Crouch In a recent decision, the Federal Circuit addressed several key issues in intellectual property litigation, including the scope of "absolute litigation privilege" under Illinois law, trade dress functionality, and the consequences of discovery sanctions. Toyo Tire Corp. v. Atturo Tire Corporation , No. 2022-1817, 2022-1892 (Fed. Cir.

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Never Too Late: If you missed the IPKat last week!

The IPKat

If the cozy feeling of Autumn got you away, here is the summary of the previous week on The IPKat. IP opportunities, events, and news A Kat feeling cozy Eleonora Rosati announced the upcoming IPKat webinar on image rights in the age of AI. If you wonder how to protect one's own image, join our online event hosted by international law firm Bird & Bird LLP on 30 October 2024, from 18:00 to 19:30 CET.

Art 51
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Distasteful Yes, But Not Copyright Infringement: Publishing “Basic Fact” Unauthorized Obituaries is Going Strong (And Often Getting it Wrong)

Hugh Stephens Blog

Image: Shutterstock.com (with AI Assist) Tempus fugit. Time flies, as we all know. It’s hard for me to believe that it was over 5 years ago that I wrote a couple of blogs on obituary piracy; (The Deadliest Aspects of Copyright and Obituary Piracy Punished: Has Infringement No Bounds?